2018—Pub. L. 115–254, div. K, title I, §1991(i)(2), Oct. 5, 2018, 132 Stat. 3645, which directed amendment of this analysis by striking item for chapter 483 "Aviation security funding", was executed by striking item for chapter 483 "Aviation Security Funding" to reflect the probable intent of Congress.
Pub. L. 115–254, div. B, title III, §341(b)(1), Oct. 5, 2018, 132 Stat. 3287, added item for chapter 448.
2012—Pub. L. 112–95, title IV, §415(d), Feb. 14, 2012, 126 Stat. 96, added item for chapter 423.
2001—Pub. L. 107–71, title I, §118(c)(2), Nov. 19, 2001, 115 Stat. 628, added item for chapter 483.
1997—Pub. L. 105–102, §2(20), Nov. 20, 1997, 111 Stat. 2205, substituted "PUBLIC AIRPORTS" for "RESERVED" in item for part D and added item for chapter 491.
1996—Pub. L. 104–287, §5(64), Oct. 11, 1996, 110 Stat. 3395, substituted "RESERVED" for "MISCELLANEOUS" in item for part D, struck out item for chapter 491 "Buy-American Preferences", and added items for part E and chapter 501.
Pub. L. 104–264, title II, §277(b), Oct. 9, 1996, 110 Stat. 3248, added item for chapter 482.
1 So in original. Probably should be "Unmanned Aircraft Systems".
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.
(a)
(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)
(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)
(1) the requirements of national defense and commercial and general aviation.
(2) the public right of freedom of transit through the navigable airspace.
(d)
(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)
(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)
(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.)
| 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.
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.
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'."
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]."
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.
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.
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
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'."
Pub. L. 117–328, div. Q, §101, Dec. 29, 2022, 136 Stat. 5246, provided that:
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(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 vertiport operations, including estimates for initial operations and future growth.
"(iv) The identification of physical and digital infrastructure required to meet any standards 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 vertiport infrastructure, 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.
"(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)
"(4)
"(A)
"(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)
"(C)
"(5)
"(6)
"(A)
"(B)
"(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; and
"(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.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) for grants awarded prior to September 30, 2024; and
"(B) for administrative expenses.
"(e)
"(1)
"(2)
"(3)
"(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)
"(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)
"(6)
"(7)
"(8)
"(9)
"(10)
"(f)
Pub. L. 117–328, div. Q, §105, Dec. 29, 2022, 136 Stat. 5253, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(f)
"(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)
"(1)
"(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)
"(3)
Pub. L. 117–203, §2, Oct. 17, 2022, 136 Stat. 2227, provided that:
"(a)
"(b)
"(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)
"(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)
"(1)
"(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) airports, heliports, 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)
"(e)
"(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;
"(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; and
"(8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations.
"(f)
"(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; and
"(2) 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 paragraph (1).
"(g)
"(1) detailing findings from the review and examination performed under subsection (e); and
"(2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f).
"(h)
"(i)
"(1)
"(2)
"(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)
"(4)
"(5)
"(6)
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, provided that:
"(a)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(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)
"(A)
"(B)
"(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)
"(1)
"(2)
"(A)
"(i) the executive branch of the United States Government; and
"(ii) the legislative branch of the United States Government.
"(B)
"(i)
"(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)
"(C)
"(3)
"(c)
"(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)
"(e)
"(1)
"(2)
"(A) Aerospace engineering.
"(B) Aerospace physiology.
"(C) Aeronautical engineering.
"(D) Airworthiness engineering.
"(E) Electrical engineering.
"(F) Human factors.
"(G) Software engineering.
"(H) Systems engineering."
Pub. L. 116–260, div. V, title I, §132, Dec. 27, 2020, 134 Stat. 2352, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
[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.]
Pub. L. 115–254, div. B, title I, §181, Oct. 5, 2018, 132 Stat. 3230, provided that:
"(a)
"(b)
"(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)
"(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)
"(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)
"(1)
"(2)
"(f)
"(1)
"(2)
"(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)
"(4)
"(5)
"(6)
Pub. L. 115–254, div. B, title III, §326, Oct. 5, 2018, 132 Stat. 3271, provided that:
"(a)
"(b)
"(c)
"(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)
"(e)
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."
Pub. L. 115–254, div. B, title V, §503(a)–(d), Oct. 5, 2018, 132 Stat. 3352, 3353, provided that:
"(a)
"(b)
"(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)
"(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)
Pub. L. 115–254, div. B, title V, §507, Oct. 5, 2018, 132 Stat. 3354, provided that:
"(a)
"(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)
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)."
Pub. L. 115–254, div. B, title V, §513, Oct. 5, 2018, 132 Stat. 3357, provided that:
"(a)
"(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)
"(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)
"(1)
"(2)
"(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)
"(e)
"(f)
"(g)
Pub. L. 115–254, div. B, title V, §515, Oct. 5, 2018, 132 Stat. 3358, provided that:
"(a)
"(1)
"(2)
"(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)
"(1)
"(2)
"(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."
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."
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."
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."
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, provided that:
"(a)
"(1) a program to provide grants for eligible projects to support the education of future aircraft pilots and the development of the aircraft pilot workforce; and
"(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.
"(b)
"(1)
"(2)
"(c)
"(1) An application for a grant under the program established under subsection (a)(1) shall be submitted, in such form as the Secretary may specify, by—
"(A) an air carrier, as defined in section 40102 of title 49, United States Code, or a labor organization representing aircraft pilots;
"(B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a high school or secondary school (as defined in section 7801 [probably should be "8101"] of the Higher Education Act of 1965 (20 U.S.C. 7801));
"(C) a flight school that provides flight training, as 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;
"(D) a State or local governmental entity; or
"(E) an organization representing aircraft users, aircraft owners, or aircraft pilots.
"(2) An application for a grant under the pilot program established under subsection (a)(2) shall be submitted, in such form as the Secretary may specify, by—
"(A) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers;
"(B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a high school or secondary school (as defined in section 7801 [8101] of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and [sic]
"(C) a State or local governmental entity.
"(d)
"(1) For purposes of the program established under subsection (a)(1), an eligible project is a project—
"(A) to create and deliver curriculum designed to provide high school students with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, or unmanned aircraft systems operators; or
"(B) to support the professional development of teachers using the curriculum described in subparagraph (A).
"(2) For purposes of the pilot program established under subsection (a)(2), an eligible project is a project—
"(A) to establish new educational programs that teach technical skills used in aviation maintenance, including purchasing equipment, or to improve existing such programs;
"(B) to establish scholarships or apprenticeships for individuals pursuing employment in the aviation maintenance industry;
"(C) to support outreach about careers in the aviation maintenance industry to—
"(i) primary, secondary, and post-secondary school students; or
"(ii) to [sic] communities underrepresented in the industry;
"(D) to support educational opportunities related to aviation maintenance in economically disadvantaged geographic areas;
"(E) to support transition to careers in aviation maintenance, including for members of the Armed Forces; or
"(F) to otherwise enhance aviation maintenance technical education or the aviation maintenance industry workforce.
"(e)
"(1) prior to selecting among competing applications, consult, as appropriate, with representatives of aircraft repair stations, design and production approval holders, air carriers, labor organizations, business aviation, general aviation, educational institutions, and other relevant aviation sectors; and
"(2) ensure that the applications selected for projects established under subsection (a)(1) will allow participation from a diverse collection of public and private schools in rural, suburban, and urban areas."
[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)."]
Pub. L. 115–254, div. B, title VI, §631, Oct. 5, 2018, 132 Stat. 3407, provided that:
"(a)
"(b)
"(c)
"(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)
"(e)
Pub. L. 115–254, div. B, title VI, §632, Oct. 5, 2018, 132 Stat. 3408, provided that:
"(a)
"(b)
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."
Pub. L. 115–232, div. A, title X, §1046, Aug. 13, 2018, 132 Stat. 1959, provided that:
"(a)
"(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)
"(c)
"(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)
"(e)
"(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."
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.
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.
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.
Pub. L. 112–200, Nov. 27, 2012, 126 Stat. 1477, provided that:
"This Act may be cited as the 'European Union Emissions Trading Scheme Prohibition Act of 2011'.
"(a)
"(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)
"(c)
"(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.
"(a)
"(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)
"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."
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:
"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)
"(2)
"(3)
"(4)
"(5)
"(6)
"(a)
"(1)
"(2)
"(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)
"[(b) Repealed. Pub. L. 115–254, div. B, title V, §522(a), Oct. 5, 2018, 132 Stat. 3363.]
"(c)
"(1)
"(2)
"(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.
"(a)
"(b)
"(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)
"(a)
"(1)
"(A)
"(B)
"(C)
"(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)
"(2)
"(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)
"(1)
"(A)
"(B)
"(C)
"(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)
"(2)
"(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)
"(1)
"(2)
"(3)
"(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)
"(A)
"(B)
"(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)
"(d)
"(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)
"(1)
"(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)
"(f)
"(a)
"(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)
"(c)
"(d)
"(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).
"(a)
"(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)
"(a)
"(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)
"(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.
"(a)
"(b)
"(c)
"(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)
"(e)
"(a)
"(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)
"(1)
"(2)
"(a)
"(b)
"(c)
"(a)
"(b)
"(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.
"(a)
"(b)
"(1) be based on public-private partnership principles; and
"(2) leverage and maximize the use of private sector capital.
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(a)
"(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)
"(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."]
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."
Pub. L. 112–95, title II, §225, Feb. 14, 2012, 126 Stat. 55, provided that:
"(a)
"(b)
"(1)
"(2)
"(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.]
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.
Pub. L. 112–95, title VIII, §821, Feb. 14, 2012, 126 Stat. 128, provided that:
"(a)
"(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)
"(c)
"(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."
Pub. L. 112–95, title IX, §909, Feb. 14, 2012, 126 Stat. 141, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(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."
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.
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."
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."
Pub. L. 108–176, title III, §321, Dec. 12, 2003, 117 Stat. 2540, provided that:
"(a)
"(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)
"(c)
Pub. L. 108–176, title III, §326, Dec. 12, 2003, 117 Stat. 2542, provided that:
"(a)
"(b)
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)
"(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)
"(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)
"(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)
"(e)
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, provided that:
"(a)
"(b)
"(1) the Administrator of the Federal Aviation Administration (or the Administrator's designee);
"(2) the Administrator of the National Aeronautics and Space Administration (or the Administrator's designee);
"(3) the Secretary of Defense (or the Secretary's designee);
"(4) the Secretary of Homeland Security (or the Secretary's designee);
"(5) the Secretary of Commerce (or the Secretary's designee);
"(6) the Director of the Office of Science and Technology Policy (or the Director's designee); and
"(7) designees from other Federal agencies determined by the Secretary of Transportation to have an important interest in, or responsibility for, other aspects of the system.
"(c)
"(1) advise the Secretary of Transportation regarding the national goals and strategic objectives for the transformation of the Nation's air transportation system to meet its future needs;
"(2) provide policy guidance for the integrated plan for the air transportation system to be developed by the Next Generation Air Transportation System Joint Planning and Development Office;
"(3) provide ongoing policy review for the transformation of the air transportation system;
"(4) identify resource needs and make recommendations to their respective agencies for necessary funding for planning, research, and development activities; and
"(5) make legislative recommendations, as appropriate, for the future air transportation system.
"(d)
"(e)
"(1)
"(2)
"(A) a copy of the updated integrated work plan;
"(B) a description of the progress made in carrying out the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget;
"(C) a detailed description of—
"(i) the success or failure of each item of the integrated work plan for the previous year and relevant information as to why any milestone was not met; and
"(ii) the impact of not meeting the milestone and what actions will be taken in the future to account for the failure to complete the milestone;
"(D) an explanation of any change to future years in the integrated work plan and the reasons for such change; and
"(E) an identification of the levels of funding for each agency participating in the integrated work plan devoted to programs and activities under the plan for the previous fiscal year and in the President's budget request."
[Next Generation Air Transportation System Senior Policy Committee to terminate on 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.]
Pub. L. 108–176, title VIII, §817, Dec. 12, 2003, 117 Stat. 2592, provided that:
"(a)
"(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)
"(c)
"(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)
Pub. L. 108–176, title VIII, §826, Dec. 12, 2003, 117 Stat. 2596, provided that:
"(a)
"(b) GAO
"(c) GAO
"(d)
Pub. L. 107–71, title I, §127, Nov. 19, 2001, 115 Stat. 632, provided that:
"(a)
"(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)
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.
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.]."
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:
"This Act may be cited as the 'Air Transportation Safety and System Stabilization Act'.
"(a)
"[(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)
"(a)
"(b)
"(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)
"(d)
"(1)
"(2)
"(a)
"(b)
"(c)
"(1)
"(2)
"(a)
"(b)
"In this title, the following definitions apply:
"(1)
"[(2) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
"(3)
"(a)
"(b)
"(1)
"(2) [Transferred to section 44303(b) of this title.]
"(c)
"(d)
"(e)
"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.
"(a)
"(1)
"(A) 'January 15, 2002'; or
"(B) such earlier date after November 15, 2001, as such Secretary may prescribe.
"(2)
"(3)
"(b)
"This title may be cited as the 'September 11th Victim Compensation Fund of 2001'.
"In this title, the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
"(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
"(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.
"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.
"(a)
"(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)
"(c)
"(a)
"(1)
"(2)
"(A)
"(B)
"(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)
"(A)
"(B)
"(C)
"(i)
"(I) a claim in Group A, as described in clause (ii); or
"(II) a claim in Group B, as described in clause (iii).
"(ii)
"(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)
"(I) is filed under this title during the period described in subparagraph (B); and
"(II) is not a claim described in clause (ii).
"(iv)
"(b)
"(1)
"(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)
"(3)
"(4)
"(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)
"(6)
"(A)
"(B)
"(7)
"(A)
"(i)
"(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)
"(B)
"(i)
"(ii)
"(C)
"(c)
"(1)
"(A) is an individual described in paragraph (2); and
"(B) meets the requirements of paragraph (3).
"(2)
"(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)
"(A)
"(i)
"(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)
"(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)
"(iv)
"(I)
"(II)
"(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)
"(ii)
"(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)
"(a)
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(A)
"(B)
"(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)
"(A)
"(B)
"(C)
"(i)
"(I)
"(II)
"(III)
"(ii)
"(D)
"(i)
"(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)
"(I)
"(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)
"(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)
"(1)
"(2)
"(A)
"(B)
"(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)
"(a)
"(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)
"(1)
"(2)
"(a)
"(1)
"(2)
"(3)
"(4)
"(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)
"(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)
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(c)
"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.
"(a)
"(b)
"(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)
"(d)
"(e)
"(a)
"(b)
"(c) 9-11
"(1)
"(2)
"(A)
"(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)
"(3)
"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.
"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.
"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.]
Pub. L. 106–181, title III, §309, Apr. 5, 2000, 114 Stat. 127, provided that:
"(a)
"(1)
"(2)
"(A)
"(B)
"(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)
"(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)
"(A)
"(B)
"(C)
"(b)
Pub. L. 106–181, title VII, §735, Apr. 5, 2000, 114 Stat. 171, provided that:
"(a)
"(b)
"(c)
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."
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."
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)
"(1)
"(2)
"(3)
"(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)
"(5)
"(b)
"(1)
"(2)
"(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)
"(4)
"(5)
"(A)
"(B)
"(C)
"(6)
"(A)
"(i)
"(ii)
"(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)
"(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)
"(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)
"(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)
"(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)
"(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)
"(A)
"(B)
"(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)
"(9)
"(10)
"(11)
"(c)
"(1)
"(A)
"(B)
"(C)
"(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)
"(2)
"(d)
"(e)
Pub. L. 103–305, title III, §303, Aug. 23, 1994, 108 Stat. 1590, provided that:
"(a)
"(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)
"(c)
"(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)
Pub. L. 108–176, title VIII, §815, Dec. 12, 2003, 117 Stat. 2592, provided that:
"(a)
"(b)
"(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)
Pub. L. 106–181, title VII, §725, Apr. 5, 2000, 114 Stat. 166, provided that:
"(a)
"(1)
"(2)
"(3)
"(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)
"(b)
"(1)
"(2)
Pub. L. 103–305, title III, §304, Aug. 23, 1994, 108 Stat. 1591, provided that:
"(a)
"(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)
"(c)
"(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)
"(e)
"(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)
Pub. L. 103–305, title V, §507, Aug. 23, 1994, 108 Stat. 1595, provided that:
"(a)
"(b)
"(c)
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:
"This Act may be cited as the 'General Aviation Revitalization Act of 1994'.
"(a)
"(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)
"(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)
"(d)
"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.
"(a)
"(b)
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.
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)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(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."
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)
"(2)
"(3)
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)
"(2)
"(3)
"(4)
"(5)
"(6)
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)
"(2)
"(3)
"(4)
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."
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)
"(2)
"(3)
"(4)
"(5)
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.
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:
(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.
(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.
(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.
(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.
(a)
(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; and
(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control.
(b)
(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.)
| 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.
This makes a conforming amendment for consistency with the style of title 49.
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."
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.
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.
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.
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."
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)
"(2)
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)
"(2)
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.
(a)
(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 handicapped individuals.
(b)
(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)
(d)
(e)
(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.)
| 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.
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)
"(b)
Pub. L. 117–263, div. A, title X, §1093, Dec. 23, 2022, 136 Stat. 2812, provided that:
"(a)
"(1)
"(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)
"(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)
"(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)
"(1)
"(2)
"(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)
"(e)
"(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)
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."
Pub. L. 115–254, div. B, title V, §504, Oct. 5, 2018, 132 Stat. 3353, provided that:
"(a)
"(b)
"(c)
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)."
Pub. L. 115–254, div. B, title V, §530, Oct. 5, 2018, 132 Stat. 3365, provided that:
"(a)
"(b)
"(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."
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, provided that:
"(a)
"(1) lasts at least 2 years; and
"(2) operates in at least 3 suitable airports.
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) prioritizing aircraft equipped with certain NextGen avionics during a Ground Delay Program by assigning them fewer minutes of delay relative to other aircraft based upon principles established after consultation with aircraft operators and manufacturers; or
"(B) sequencing aircraft equipped with certain NextGen avionics ahead of other aircraft in the Traffic Flow Management System to the maximum extent consistent with safety.
"(e)
"(f)
Pub. L. 108–199, div. F, title V, §521, Jan. 23, 2004, 118 Stat. 343, provided that:
"(a)
"(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 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; and
"(v) for safety and security purposes related to such event, stadium, or venue; 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)
"(c)
Pub. L. 106–181, title VII, §736, Apr. 5, 2000, 114 Stat. 171, provided that:
"(a)
"(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)
"(c)
"(d)
(a)
(b)
(1)
(2)
(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.
(c)
(d)
(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.
(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.)
| 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.
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.
| 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. |
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 "
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).
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.
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.
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.
Pub. L. 116–260, div. V, title I, §119(e), Dec. 27, 2020, 134 Stat. 2341, provided that:
"(1)
"(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)
"(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)
"(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)
[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.]
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."
(a)
(b)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102.)
| 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.
Pub. L. 108–176, title VIII, §812, Dec. 12, 2003, 117 Stat. 2590, provided that:
"(a)
"(b)
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."
(a)
(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)
(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.)
| 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.
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.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)
| 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.
Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
Dwight D. Eisenhower.
Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
Dwight D. Eisenhower.
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:
(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.
(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, 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:
(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.
(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.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)
| 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.
(a)
(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)
(c)
(d)
(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)
(f)
(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)
(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)
(A)
(B)
(4)
(h)
(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.)
| 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.
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.
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,".
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.
Pub. L. 103–411, §3(b), Oct. 25, 1994, 108 Stat. 4237, provided that:
"(1)
"(2)
"(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."
1 So in original. Probably should be "section".
(a)
(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)
(1)
(2)
(3)
(4)
(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)
(c)
(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)(2) 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)
(1)
(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)
(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 new acquisition management system developed and implemented 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)
(A) Sections 2101 and 2106 of title 41 shall not apply.
(B) 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 shall adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act.1
(C) After the adoption of those definitions, the criminal, civil, and administrative remedies provided under the Office of Federal Procurement Policy Act 1 apply to the acquisition management system.
(D) In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act 1 in accordance with the procedures contained in the Administration's personnel management system.
(4)
(5)
(A)
(ii) The report required by clause (i) shall only include acquisitions with total value exceeding the micro-purchase level.
(B)
(i) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; and
(ii) a summary of the total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States.
(C)
(e)
(1)
(2)
(3)
(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.)
| 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).
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).
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 date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The Office of Federal Procurement Policy Act, referred to in subsec. (d)(3)(B)–(D), 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. Section 27(e)(3)(A)(iv) of the Act was repealed and restated as section 2105(c)(1)(D) of Title 41. 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.
The Buy American Act, referred to in subsec. (d)(5)(A), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) 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 1933 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.
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".
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.
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.
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.
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.
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."
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.
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))."
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.
Pub. L. 103–355, title V, §5063, Oct. 13, 1994, 108 Stat. 3356, provided that:
"(a)
"(b)
"(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)
"(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)
"(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)
"(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)
"(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)
"(h)
"(i)
1 See References in Text note below.
(a)
(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)
(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)
(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)
(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.)
| 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.
(a)
(b)
(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)
(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)
(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)
(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)
(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.)
| 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.
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".
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.
(a)
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(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)
(5)
(f)
(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.)
| 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).
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).
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.
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.
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."
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957, 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 shall be 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."
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.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110.)
| 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.
Pub. L. 112–95, title VIII, §806, Feb. 14, 2012, 126 Stat. 121, provided that:
"(a)
"(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)
"(1)
"(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)
"(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."
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111.)
| 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.
(a)
(b)
(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)
(d)
(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)
(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)
(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.)
| 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.
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.
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.
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).
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.
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."
(a)
(1)
(2)
(3)
(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.
(4)
(5)
(6)
(b)
(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) 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.
(5)
(6)
(7)
(A)
(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)
(c)
(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)
(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)
(A) if the Secretary approves an application that the agency has submitted under subsection (c) of this section; and
(B) subject to 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)
(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)
(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)
(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)
(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)
(k)
(1)
(2)
(l)
(1)
(2)
(3)
(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)
(5)
(6)
(7)
(m)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(n)
(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.)
| 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.
This repeals 49:40117(e)(2)(C) to eliminate an executed provision and makes conforming amendments.
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.
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).
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."
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."
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."
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.
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.
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.
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.
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]."
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."
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."
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]."
(a)
(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)
(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)
(d)
(e)
(f)
(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)
(1) the number of personnel trained in the detection and reporting of potential human trafficking (as described in paragraphs (9) and (10) 1 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.)
| 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.
This amends the catchline for 49:40118(d) to make a clarifying amendment.
This amends 49:40118(f)(1) to make a clarifying amendment.
Paragraphs (9) and (10) of section 103 of the Trafficking Victims Protection Act of 2000, referred to in subsec. (g)(1), were redesignated pars. (11) and (12), respectively, of section 103 of that Act by Pub. L. 115–427, §2(1), Jan. 9, 2019, 132 Stat. 5503, and are classified to section 7102(11) and (12) of Title 22, Foreign Relations and Intercourse.
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 "
Subsec. (f). Pub. L. 104–287, §5(68)(B), inserted heading.
1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
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."
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.
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.
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.
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.
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.
1 See References in Text note below.
Section, 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.
(a)
(b)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117.)
| 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.
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.
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.
(a)
(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)
(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)
(1)
(2)
(3)
(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.)
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.
Another section 40121 was renumbered section 40124 of this title.
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".
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.
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.
(a)
(1)
(2)
(A)
(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)
(C)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(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)
(3)
(4)
(5)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(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)
(4)
(5)
(6)
(h)
(i)
(j)
(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.)
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.
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).
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."
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.
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.
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."
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.
Pub. L. 116–260, div. V, title I, §133(c), (d), Dec. 27, 2020, 134 Stat. 2355, provided that:
"(c)
"(d)
"(1)
"(2)
"(3)
"(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)
[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.]
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]."
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."
(a)
(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)
(Added Pub. L. 104–264, title IV, §402(a), Oct. 9, 1996, 110 Stat. 3255.)
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.
Pub. L. 112–95, title III, §344, Feb. 14, 2012, 126 Stat. 81, provided that:
"(a)
"(b)
"(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)
"(d)
"(1)
"(2)
"(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)
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.)
This restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.
1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.
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.
(a)
(1)
(2)
(3)
(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)
(b)
(c)
(1)
(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)
(d)
(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.)
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".
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.
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.
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.
(a)
(b)
(Added Pub. L. 106–181, title VII, §705(a), Apr. 5, 2000, 114 Stat. 157.)
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.
(a)
(b)
(Added Pub. L. 106–181, title VII, §706(a), Apr. 5, 2000, 114 Stat. 157.)
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.
Pub. L. 115–254, div. B, title IV, §407, Oct. 5, 2018, 132 Stat. 3330, provided that:
"(a)
"(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)
"(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."
(a)
(1)
(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)
(A)
(B)
(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)
(D)
(E)
(F)
(3)
(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)
(5)
(A)
(B)
(C)
(i)
(ii)
(D)
(b)
(1)
(A)
(B)
(C)
(2)
(3)
(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)
(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); and
(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).
(5)
(6)
(7)
(A)
(B)
(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)
(D)
(i)
(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)
(c)
(1)
(2)
(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)
(A)
(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)
(C)
(d)
(1)
(2)
(e)
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand Canyon National Park.
(f)
(g)
(1)
(2)
(3)
(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)
(A)
(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)
(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)
(6)
(7)
(8)
(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.)
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.
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.
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 "
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.
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.
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.
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.
Pub. L. 112–141, div. C, title V, §35001, July 6, 2012, 126 Stat. 842, provided that:
"(a)
"(1)
"(2)
"(A)
"(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)
"(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)
"(4)
"(b)
"(1)
"(2)
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."
Pub. L. 108–176, title III, §323(b), Dec. 12, 2003, 117 Stat. 2541, provided that:
"(1)
"(2)
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:
"This title may be cited as the 'National Parks Air Tour Management Act of 2000'.
"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.
"(a)
"(b)
"(c)
"(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.
"(a)
"(b)
"(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)
"(d)
"(e)
"(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.
"(a)
"(b)
"(1)
"(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)
"(3)
"(c)
"(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)
"(1)
"(2)
"(3)
"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.
"(a)
"(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)
"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.
"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."
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:
"(a)
"(b)
"(c)
"(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)
"(e)
"(f)
"(a)
"(b)
"(c)
"(d)
"(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)
"(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)
"(1)
"(2)
"(3)
"(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)
"(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.
"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.
"(a)
"(b)
"(c)
"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."
(a)
(b)
(c)
(1)
(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)
(d)
(e)
(f)
(g)
(h)
(1)
(2)
(i)
(j)
(1)
(2)
(k)
(Added Pub. L. 108–176, title IV, §423(a), Dec. 12, 2003, 117 Stat. 2552.)
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.
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.
(a)
(1)
(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 (42 U.S.C. 14616); 1 and
(B) to receive relevant criminal history record information regarding the airman checked.
(2)
(3)
(4)
(b)
(Added Pub. L. 112–95, title VIII, §802(a), Feb. 14, 2012, 126 Stat. 118.)
Section 217 of the National Crime Prevention and Privacy Compact Act of 1998, referred to in subsec. (a)(1)(A), is section 217 of subtitle A of title II of Pub. L. 105–251, which was classified to section 14616 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 40316 of Title 34, Crime Control and Law Enforcement.
1 See References in Text note below.
1996—Pub. L. 104–264, title VII, §703(b), Oct. 9, 1996, 110 Stat. 3268, added item 41113.
(a)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1118.)
| 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.
(a)
(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)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119.)
| 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.
(a)
(b)
(c)
(d)
(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.)
| 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.
This amends 49:41103(a) to make the term consistent throughout subtitle VII of title 49.
1994—Subsec. (a). Pub. L. 103–429 substituted "all-cargo" for "all-property".
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.
(a)
(b)
(1)
(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)
(3)
(4)
(c)
(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)
(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.)
| 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.
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.
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.
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.
(a)
(b)
(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.)
| 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. |
1996—Subsec. (b). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
(a)
(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)
(c)
(d)
(e)
(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.)
| 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.
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).
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."
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.)
| 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.
| 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.
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.
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.
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.
(a)
(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)
(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)
(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.)
| 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).
(a)
(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)
(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.)
| 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.
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).
1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).
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.
(a)
(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)
(c)
(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)
(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)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 103–429, §6(50), Oct. 31, 1994, 108 Stat. 4384.)
| 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.
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).
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."
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.
(a)
(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)
(c)
(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.)
| 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.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
| 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.
(a)
(b)
(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)
(d)
(e)
(f)
(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.)
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).
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.
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)."
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.
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]."
Pub. L. 104–264, title VII, §704, Oct. 9, 1996, 110 Stat. 3268, provided that:
"(a)
"(b)
"(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)
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."
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.
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.)
| 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.
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.)
| 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.
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.)
| 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. |
(a)
(b)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
| 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.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
| 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.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
| 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.
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.)
| 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.
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.
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, 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:
(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.
(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.
(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.
(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.
(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.
Ronald Reagan.
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
| 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.
(a)
(b)
(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)
(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.)
| 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.
This amends 49:41309(b)(2)(B) for consistency in the subsection.
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".
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.
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.
(a)
(b)
(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)
(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)
(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)
(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)
(g)
(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.)
| 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.
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".
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.
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.
(a)
(b)
(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.)
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.
(a)
(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)
(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.)
| 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.
This amends 49:41312(a)(1) to conform to the style of title 49.
1996—Subsec. (a)(1). Pub. L. 104–287 substituted "Secretary of Transportation" for "Secretary".
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.
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(A) the organization designated for the accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3)
(4)
(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)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(A)
(B)
(18)
(d)
(e)
(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.)
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.
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).
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.
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)."
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]."
1 So in original. Probably should be "the foreign air carrier will consult".
1997—Pub. L. 105–102, §2(21), Nov. 20, 1997, 111 Stat. 2205, struck out "common" before "carriers" in item 41502.
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.)
| 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.
(a)
(b)
(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)
(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.)
| 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).
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.
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).
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.
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.)
| 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.
(a)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1133.)
| 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.
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
| 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.
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.)
| 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.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
| 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.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)
| 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.
(a)
(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)
(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)
(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)
(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)
(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)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)
| 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.
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.
(a)
(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)
(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.)
| 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.
(a)
(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)
(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 handicap and an accompanying attendant needed by that individual.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1139.)
| 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.
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.
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.)
| 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.
An air carrier shall provide safe and adequate interstate air transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)
| 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.
(a)
(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)
(1) in the public interest; and
(2) consistent with any agreement between the Government and the government of a foreign country.
(c)
(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)
(e)
(1)
(2)
(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.)
| 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.
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
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.
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.)
| 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".
Pub. L. 114–190, title II, §2305, July 15, 2016, 130 Stat. 640, provided that:
"(a)
"(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)
"(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."
(a)
(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)
(c)
(1)
(2)
(3)
(4)
(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.)
| 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.
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.
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).
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.
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.
Pub. L. 115–254, div. B, title IV, §440, Oct. 5, 2018, 132 Stat. 3347, provided that:
"(a)
"(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)
[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.]
Pub. L. 115–254, div. B, title IV, §434, Oct. 5, 2018, 132 Stat. 3343, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
"(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)
[For definition of "covered air carrier" as used in section 434 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.]
Pub. L. 115–254, div. B, title IV, §437, Oct. 5, 2018, 132 Stat. 3344, provided that:
"(a)
"(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)
"(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)
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, provided that:
"(a)
"(b)
"(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)
"(1)
"(A) Passengers with disabilities.
"(B) National disability organizations.
"(C) Air carriers.
"(D) Airport operators.
"(E) Contractor service providers.
"(F) Aircraft manufacturers.
"(G) Wheelchair manufacturers.
"(H) National veterans organizations representing disabled veterans.
"(2)
"(3)
"(d)
"(e)
"(f)
"(1)
"(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)
"(g)
"(h)
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)
"(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)
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."
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.
(a)
(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)
(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)
(1)
(2)
(d)
(1)
(2)
(e)
(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.)
| 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.
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)
"(b)
2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a)
"(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)
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]."
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.)
| 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. |
(a)
(b)
(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)
(1)
(2)
(3)
(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)
(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.)
| 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.
2012—Subsec. (c). Pub. L. 112–95 added subsec. (c).
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]."
(a)
(b)
(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.)
| 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.
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.)
| 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.
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.)
| 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.
(a)
(b)
(c)
(1)
(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)
(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.)
| 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.
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).
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.
(a)
(b)
(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)
(A)
(B)
(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)
(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.)
| 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.
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).
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).
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.
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(3)
(4)
(c)
(d)
(1)
(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)
(e)
(1)
(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)
(f)
(g)
(h)
(1)
(2)
(3)
(4)
(5)
(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)
(7)
(8)
(9)
(i) 60-
(1)
(A) the names of the airports to be served;
(B) the times requested; and
(C) such additional information as the Secretary may require.
(2)
(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-
(4)
(j)
(k)
(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.)
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.
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)
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".
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.
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."
(a)
(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)
(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)
(1)
(2)
(Added Pub. L. 106–181, title II, §231(b)(2), Apr. 5, 2000, 114 Stat. 108.)
A prior section 41715 was renumbered section 41719 of this title.
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.
(a)
(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)
(c)
(d)
(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.)
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.
A prior section 41716 was renumbered section 41720 of this title.
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".
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.
(a)
(b)
(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)
(1)
(2)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(f)
(g)
(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.)
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.
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.
(a)
(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)
(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)
(1)
(2)
(A)
(i) under subsections (a) and (b) 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), and (g) 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)
(3)
(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)
(d)
(e)
(f)
(g)
(1)
(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)
(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)
(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)
(5)
(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)
(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.
(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.)
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.
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)
"(2)
"(3)
Subsec. (f). Pub. L. 108–176, §426(a), added subsec. (f).
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.
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.
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]."
Pub. L. 108–176, title VIII, §823, Dec. 12, 2003, 117 Stat. 2595, provided that:
"(a)
"(b)
"(c)
(a)
(b)
(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)
(d)
(1)
(2)
(3)
(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)
(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.)
This amends 49:41715(a) to conform to the style of title 49.
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)".
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.
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."
(a)
(1)
(2)
(b)
(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)
(1)
(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)
(d)
(e)
(f)
(g)
(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)
(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.)
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.
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.
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".
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.
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 106–181, title VII, §710(a), Apr. 5, 2000, 114 Stat. 159.)
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.
(a)
(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)
(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)
(d)
(e)
(Added Pub. L. 108–176, title IV, §422(a), Dec. 12, 2003, 117 Stat. 2552.)
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.
Pub. L. 112–95, title IV, §413, Feb. 14, 2012, 126 Stat. 89, provided that:
"(a)
"(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)
"(c)
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.)
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.
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.
(a)
(1)
(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)
(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)
(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)
(c)
(Added Pub. L. 112–95, title IV, §403(a), Feb. 14, 2012, 126 Stat. 84.)
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.
(a)
(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)
(1)
(2)
(A)
(B)
(Added Pub. L. 115–254, div. B, title IV, §403(a), Oct. 5, 2018, 132 Stat. 3328.)
(a)
(b)
(c)
(Added Pub. L. 115–254, div. B, title IV, §412(a), Oct. 5, 2018, 132 Stat. 3331.)
(a)
(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 of less than $1,000 during the most recent fiscal year, as determined by the Secretary; 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 90-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)
(c)
(d)
(e)
(f)
(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.)
| 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.
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.
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).
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.
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.
Pub. L. 108–176, title IV, §406, Dec. 12, 2003, 117 Stat. 2545, provided that:
"(a)
"(b)
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, provided that:
"(a)
"(b)
"(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)
"(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)
[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."]
Pub. L. 106–181, title II, §207, Apr. 5, 2000, 114 Stat. 94, provided that:
"(a)
"(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)
"(c)
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, provided that: "Hereafter, notwithstanding 49 U.S.C. 41742, no essential air service subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport."
[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, provided that:
["(c)
["(d)
["(1)
["(2)
["(3)
Provisions similar to those in section 332 of Pub. L. 106–69, 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.
(a)
(1) to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or
(2) to a small hub or nonhub airport, when in Alaska or when the nearest hub airport is more than 400 miles from an eligible place.
(b)
(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) 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.
(5) 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.
(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude.
(c)
(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.)
| 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.
2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).
(a)
(b)
(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, 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)
(A) the demonstrated reliability of the applicant in providing scheduled air service;
(B) the contractual and marketing arrangements the applicant has made with a larger carrier to ensure service beyond the hub airport;
(C) 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;
(D) the preferences of the actual and potential users of air transportation at the eligible place, giving substantial weight to the views of the elected officials representing the users;
(E) whether the air carrier has included a plan in its proposal to market its services to the community; and
(F) 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.
(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)
(e)
(f)
(1)
(2)
(3)
(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)
(1)
(2)
(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)
(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.)
| 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.
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.
Section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000, referred to in subsec. (h), is section 332 of Pub. L. 106–69, which is set out as a note under section 41731 of this title.
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".
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.
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."
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]."
(a)
(b)
(c)
(d)
(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.
(e)
(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.
(f)
(g)
(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)
(i)
(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.)
| 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.
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.
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).
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]."
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.
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.
For definitions of the terms "slot" and "high density airport" used in subsec. (h) of this section, see section 41714(h) of this title.
(a)
(A) specify the level and type of enhanced essential air service the State or local government considers appropriate; and
(B) include an agreement related to compensation required for the proposed service.
(2) The agreement submitted under paragraph (1)(B) of this subsection shall provide that—
(A) the State or local government or a person pay 50 percent of the compensation required for the proposed service and the United States Government pay the remaining 50 percent; or
(B)(i) the Government pay 100 percent of the compensation; and
(ii) if the proposed service is not successful for at least a 2-year period under the criteria prescribed by the Secretary under paragraph (3) of this subsection, the eligible place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(3) The Secretary shall prescribe by regulation objective criteria for deciding whether enhanced essential air service to an eligible place under this section is successful in terms of—
(A) increasing passenger usage of the airport facilities at the place; and
(B) reducing the amount of compensation provided by the Secretary under this subchapter for that service.
(b)
(1) approve the proposal if the Secretary decides the proposal is reasonable; or
(2) if the Secretary decides the proposal is not reasonable, disapprove the proposal and notify the State or local government of the disapproval and the reasons for the disapproval.
(c)
(A) the air carrier maintains the level of enhanced essential air service;
(B) the State or local government or person agreeing to pay compensation under this section continues to pay the compensation; and
(C) the Secretary decides the compensation is necessary to maintain the service 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.
(d)
(2) For service for which the Government pays 50 percent of the compensation, based on the review and consultation with the affected community and the State or local government or person paying the remaining 50 percent of the compensation, the Secretary shall make appropriate adjustments in the type and level of service to the place.
(3) For service for which the Government pays 100 percent of the compensation, based on the review and consultation with the State or local government submitting the proposal, the Secretary shall decide whether the service has succeeded for at least a 2-year period under the criteria prescribed under subsection (a)(3) of this section. If unsuccessful, the place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1148.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41735(a) | 49 App.:1389(c)(1), (3)(C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(c); 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, 1512. |
| 41735(b) | 49 App.:1389(c)(2). | |
| 41735(c) | 49 App.:1389(c)(5)–(7). | |
| 41735(d) | 49 App.:1389(c)(3)(A), (B). | |
| 41735(e) | 49 App.:1389(c)(4). |
In subsections (a)(2)(B)(ii) and (d)(3), the words "air service or air transportation for which compensation is paid" are substituted for "air service for which compensation is payable" for consistency with the source provisions restated in sections 41733 and 41736 of the revised title.
In subsection (a)(3), the word "prescribe" is substituted for "establish" for consistency in the revised title.
In subsection (b), before clause (1), the words "issue a decision" are omitted as unnecessary because of the restatement.
In subsection (c)(1)(B), the words "State or local government or person agreeing to pay compensation under this section" are substituted for "government or person agreeing to pay any non-Federal share" for clarity.
In subsection (c)(2), the words "State or local government or person agreeing to pay compensation under this section" are substituted for "non-Federal payments for enhanced essential air service under this subsection" for clarity.
In subsection (d)(2), the words "For service for which the Government pays 50 percent of the compensation" are substituted for "If the enhanced essential air service approved under this subsection is to be at a 50 percent Federal share" because of the restatement. The words "the remaining 50 percent" are substituted for "the non-Federal" for clarity and consistency in this section.
In subsection (d)(3), the words "For service for which the Government pays 100 percent of the compensation" are substituted for "If the enhanced essential air service approved under this subsection is to be at a 100 percent Federal share" because of the restatement.
(a)
(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)
(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)
(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)
(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)
(f)
(g)
(h)
(1)
(2)
(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.)
| 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.
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.
2018—Subsec. (h). Pub. L. 115–254 added subsec. (h).
2000—Subsec. (b). Pub. L. 106–181 inserted concluding provisions.
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.
(a)
(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)
(c)
(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)
(2) 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.
(e)
(1)
(2)
(3)
(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.)
| 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.
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).
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]."
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."
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]."
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.)
| 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.
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.)
| 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.
The Secretary of Transportation shall encourage the submission of joint proposals, including joint fares, by 2 or more air carriers for providing air service or air transportation under this subchapter through arrangements that maximize the service or transportation to and from major destinations beyond the hub.
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41740 | 49 App.:1389(j). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(j); 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 "air service or air transportation" are substituted for "air service", and the words "the service or transportation" are substituted for "service", for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
2003—Pub. L. 108–176 inserted ", including joint fares," after "joint proposals".
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.
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.)
| 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.
(a)
(1)
(2)
(3)
(b)
(c)
(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.)
| 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. |
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.
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.
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.
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.
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.
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".
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."
(a)
(b)
(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)
(1)
(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)
(3)
(4)
(A)
(B)
(C)
(5)
(A) air fares are higher than the average air fares for all communities;
(B) 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;
(C) the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;
(D) 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;
(E) the assistance will be used to help restore scheduled passenger air service that has been terminated;
(F) the assistance will be used in a timely fashion; and
(G) multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.
(d)
(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;
(2) to provide assistance to an underserved airport 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)
(1)
(2)
(f)
(g)
(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 the creation of aviation development zones; 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.
(h)
(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.)
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 "
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".
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. 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. 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.
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.
(a)
(b)
(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.)
2003—Subsec. (b). Pub. L. 108–176 struck out "(as defined in section 41731)" after "large hub airport".
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.
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.
(a)
(1)
(2)
(3)
(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 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.
(F) To pay for other transportation or related services that the Secretary may permit.
(b)
(1)
(2)
(3)
(A) is eligible for assistance under chapter 471 and complies with the requirements of that chapter;
(B) is located on the airport property; or
(C) will improve airport facilities in a way that would make such facilities more usable for general aviation.
(c)
(d)
(1)
(2)
(A) a statement of the amount of compensation or assistance required; and
(B) a description of how the compensation or assistance will be used.
(e)
(f)
(g)
(Added Pub. L. 108–176, title IV, §405, Dec. 12, 2003, 117 Stat. 2544.)
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.
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.)
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.
Section, added Pub. L. 108–176, title IV, §408(a), Dec. 12, 2003, 117 Stat. 2546, related to the EAS local participation program.
(a)
(b)
(1)
(A) the non-Federal portion of the publicly financed costs may be derived from contributions in kind; and
(B) matching contributions from a State or unit of local government may not be derived, directly or indirectly, from Federal funds, but the use by the State or unit of local government of proceeds from the sale of bonds to provide the matching contribution is not considered to be a contribution derived directly or indirectly from Federal funds, without regard to the Federal income tax treatment of interest paid on those bonds or the Federal income tax treatment of those bonds.
(2)
(3)
(Added Pub. L. 108–176, title IV, §410(b), Dec. 12, 2003, 117 Stat. 2548.)
Another section 410(b) of Pub. L. 108–176 amended the table of sections at the beginning of this chapter.
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.
Pub. L. 108–176, title IV, §410(a), Dec. 12, 2003, 117 Stat. 2548, provided that: "The purposes of this section [enacting this section] are—
"(1) to enable essential air service communities to increase boardings and the level of passenger usage of airport facilities at an eligible place by providing technical, financial, and other marketing assistance to such communities and to States;
"(2) to reduce subsidy costs under subchapter II of this chapter [probably means chapter 417 of title 49, United States Code] as a consequence of such increased usage; and
"(3) to provide such communities with opportunities to obtain, retain, and improve transportation services."
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.)
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.
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(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)
(9)
(10)
(11)
(12)
(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)
(14)
(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.)
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.
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.
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.
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.
(a)
(b)
(1)
(A)
(B)
(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)
(D)
(E)
(2)
(A)
(B)
(3)
(A)
(B)
(c)
(1)
(2)
(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)
(d)
(1)
(2)
(A)
(B)
(i)
(ii) 1–
(C)
(D)
(E)
(i)
(ii)
(F)
(G)
(3)
(A)
(B)
(e)
(f)
(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)
(1) 50 percent of the cost of the aircraft purchase; or
(2) $100,000,000 for any single obligor.
(h)
(i)
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 97.)
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.
(a)
(1) with the consent of the appropriate Federal officials; and
(2) on a reimbursable basis.
(b)
(c)
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
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.
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.)
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.
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.)
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.
(a)
(b)
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
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.
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.
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.
(a)
(b)
(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)
(d)
(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)
(f)
(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.)
| 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.
| 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.
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: "
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.
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.
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.
(a)
(b)
(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)
(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)
(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.)
| 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.
| 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.
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)
"(f)
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.
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.
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.
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.
(a)
(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)
(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.)
| 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).
| 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.
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.
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.
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.
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.)
| 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.
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."
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.
(a)
(b)
(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.)
| 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.
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.
2008—Pub. L. 110–405 renumbered section 41906 of this title as this section.
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.
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.)
| 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.
A prior section 41906 was renumbered section 41905 of this title.
2008—Pub. L. 110–405 renumbered section 41909 of this title as this section.
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.)
| 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.
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.
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."
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.
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.)
| 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".
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.
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.
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, related to evidence of providing mail service.
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.
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.
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.
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.)
| 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.
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.
(a)
(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)
(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)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)
| 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.
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.
Pub. L. 110–161, div. K, title I, §117, Dec. 26, 2007, 121 Stat. 2382, provided that:
"(a)
"(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)
"(1)
"(2)
"(3)
"(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)
"(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)
"(d)
(a)
(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)
(1)
(2)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(3)
(A)
(B)
(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)
(4)
(A)
(B)
(5)
(6)
(A)
(B)
(c)
(d)
(e)
(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.)
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.
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.
2018—Pub. L. 115–254, div. B, title IV, §428(b), Oct. 5, 2018, 132 Stat. 3341, added item 42304.
Pub. L. 115–254, div. B, title IV, §418, Oct. 5, 2018, 132 Stat. 3334, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)
"(f)
"(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)
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.]
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."
Pub. L. 115–254, div. B, title IV, §425, Oct. 5, 2018, 132 Stat. 3338, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(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)
"(1)
"(2)
"(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)
"(g)
[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.]
Pub. L. 115–254, div. B, title IV, §427, Oct. 5, 2018, 132 Stat. 3340, provided that:
"(a)
"(b)
"(c)
"(d)
"(1)
"(A)
"(B)
"(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)
"(e)
"(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.]
Pub. L. 115–254, div. B, title IV, §429, Oct. 5, 2018, 132 Stat. 3341, provided that:
"(a)
"(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)
[For definition of "covered air carrier" as used in section 429 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.]
Pub. L. 115–254, div. B, title V, §577, Oct. 5, 2018, 132 Stat. 3394, provided that:
"(a)
"(b)
Pub. L. 114–190, title II, §2309, July 15, 2016, 130 Stat. 648, provided that:
"(a)
"(b)
"(c)
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, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
"(f)
"(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)
"(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)
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."
(a)
(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)
(1)
(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)
(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)
(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)
(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)
(1)
(2)
(e)
(1)
(2)
(3)
(f)
(g)
(h)
(i)
(1)
(2)
(3)
(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)
(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.)
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.
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."
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]."
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]."
(a)
(1) that telephone number; and
(2) the Internet Web site of the Aviation Consumer Protection Division of the Department of Transportation.
(b)
(1) the hotline telephone number established under subsection (a);
(2) the e-mail address, telephone number, and mailing address of the air carrier for the submission of complaints by passengers about air travel service problems; and
(3) the Internet Web site and mailing address of the Aviation Consumer Protection Division of the Department of Transportation for the submission of complaints by passengers about air travel service problems.
(c)
(1) prominently displayed signs of the carrier at the airport ticket counters in the United States where the carrier operates; and
(2) any electronic confirmation of the purchase of a passenger ticket for air transportation issued by the carrier.
(d)
(e)
(1) any invoice, bill, or other communication provided to a passenger or customer of the provider; and
(2) its Internet Web site, and any related mobile device application.
(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.)
Section 425, referred to in subsec. (e), is probably a reference to section 425 of Pub. L. 115–254 but should be a reference to section 424 of Pub. L. 115–254, which is set out as a note below and relates to the establishment of an Aviation Consumer Advocate. There is no section 425 of this title, and section 425 of Pub. L. 115–254, which is set out as a note preceding section 42301 of this title, relates to prohibition of denial of boarding for certain revenue passengers.
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).
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.
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."
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, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
"(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)
"(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)
[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.]
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."
1 See References in Text note below.
(a)
(b)
(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.)
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."
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.
(a)
(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)
(1)
(2)
(c)
(Added Pub. L. 115–254, div. B, title IV, §428(a), Oct. 5, 2018, 132 Stat. 3341.)
2004—Pub. L. 108–297, §6(b), Aug. 9, 2004, 118 Stat. 1097, added item 44113.
(a)
(b)
(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.)
| 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.
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.]
Pub. L. 108–297, §4, Aug. 9, 2004, 118 Stat. 1096, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
"(3)
"(d)
Pub. L. 108–297, §2, Aug. 9, 2004, 118 Stat. 1095, provided that:
"(a)
"(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)
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)
| 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).
(a)
(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)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)
| 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.
Pub. L. 115–254, div. B, title V, §556, Oct. 5, 2018, 132 Stat. 3383, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title V, §566, Oct. 5, 2018, 132 Stat. 3385, provided that: "Notwithstanding any other provision of law, the Administrator [of the Federal Aviation Administration] shall, upon request of a private aircraft owner or operator, block the registration number of the aircraft of the owner or operator from any public dissemination or display, except in data made available to a Government agency, for the noncommercial flights of the owner or operator."
Pub. L. 106–181, title VII, §729, Apr. 5, 2000, 114 Stat. 168, provided that:
"(a)
"(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)
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.)
| 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.
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.)
| 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.
(a)
(b)
(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)
(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)
(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)
(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.)
| 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.
(a)
(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)
(c)
(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)
(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)
(1)
(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)
(A)
(B)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1164; Pub. L. 108–297, §3, Aug. 9, 2004, 118 Stat. 1096.)
| 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.
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).
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.
(a)
(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)
(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)
(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)
(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.)
| 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.
2004—Subsec. (c)(2). Pub. L. 108–297 inserted "or the Cape Town Treaty, as applicable" before period at end.
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.
(a)
(b)
(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.)
| 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.
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.)
| 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.
(a)
(b)
(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)
(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)
(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.)
| 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).
"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.
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.
Pub. L. 100–690, title VII, §7207(d), (e), Nov. 18, 1988, 102 Stat. 4428, provided that:
"(d)
"(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)
"(1)
"(2)
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."
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."
(a)
(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)
(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.)
| 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.
2018—Subsec. (b). Pub. L. 115–254, in introductory provisions, struck out "on land or water" before "only when" and inserted "operational" before "control".
In this chapter, the following definitions apply:
(1)
(2)
(3)
(Added Pub. L. 108–297, §6(a), Aug. 9, 2004, 118 Stat. 1097.)
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.
2022—Pub. L. 117–328, div. Q, §103(c), Dec. 29, 2022, 136 Stat. 5252, added item 44302a.
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.)
| 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.
2003—Pub. L. 108–176 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
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.
(a)
(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)
(1)
(2)
(3)
(4)
(c)
(d)
(e)
(f)
(1)
(2)
(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)
(1)
(2)
(3)
(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.)
| 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.
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.
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."
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.
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.
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.
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.
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.
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.
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".
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.
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.
(a)
(b)
(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)
(d)
(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.)
(a)
(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)
(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.)
| 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".
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.
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 "
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".
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.
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.
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.
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.
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.
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.
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".
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.)
| 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.
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)
(a)
(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)
(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.)
| 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.
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."
(a)
(b)
(c)
(d)
(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.)
| 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.
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."
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.
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.
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.
(a)
(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)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170.)
| 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.
(a)
(b)
(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)
(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)
(e)
(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.)
| 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.
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".
(a)
(1)
(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)
(3)
(b)
(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)
(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)
(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.)
| 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.
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."
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]."
(a)
(b)
(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.)
| 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.
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".
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.
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.
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."
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]."
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.
(a)
(b)
(1) for a 10-year period, the research, engineering, and development programs and the facilities 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 2d 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, and development required to improve safety, system capacity, and efficiency; and
(C) personnel levels required for the activities described in subclauses (A) and (B) of this clause;
(3) for the 3d, 4th, and 5th 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 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 aviation 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)
(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 40119,1 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 40119(b) 1 of this title and regulations prescribed under section 40119(b),1 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.)
| 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.
Section 40119 of this title, referred to in subsec. (c)(2)(B)(i), (3), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
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.
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".
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.
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.
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.
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)
"(1)
"(2)
"(3)
"(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)
"(A) representatives of labor organizations representing air traffic control system employees of the FAA; and
"(B) industry stakeholders.
"(5)
"(6)
"(b)
"(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)
"(d)
"(1)
"(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)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(A)
"(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)
[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.]
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 See References in Text note below.
(a)
(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)
(A)
(B)
(5)
(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)
(c)
(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)
(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)
(1)
(2)
(3)
(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; or
(C) a Remote Communication Air/Ground and Remote Communication Outlet communications facility.
(f)
(1)
(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)
(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.)
| 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.
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).
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).
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.
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)
1994—Subsec. (a)(4). Pub. L. 103–305 added par. (4).
Subsec. (b). Pub. L. 103–429 inserted "Government" before "money may be expended".
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.
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.
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."
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. 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.
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)
"(b)
"(c)
"(d)
"(e)
Pub. L. 106–181, title I, §124, Apr. 5, 2000, 114 Stat. 75, provided that:
"(a)
"(b)
"(c)
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.
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."
Pub. L. 103–260, title IV, §401, May 26, 1994, 108 Stat. 702, provided that:
"(a)
"(b)
"(1)
"(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)
"(c)
"(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)
"(e)
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.)
| 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.
(a)
(b)
(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)
(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.)
| 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.
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".
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.
Pub. L. 117–169, title IV, §40007, Aug. 16, 2022, 136 Stat. 2030, provided that:
"(a)
"(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)
"(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)
"(d)
"(e)
"(1)
"(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)
"(3)
"(4)
"(5)
"(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)
"(7)
"(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)."
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."
Pub. L. 112–95, title IX, §910, Feb. 14, 2012, 126 Stat. 141, provided that:
"(a)
"(b)
"(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)
"(1) industry groups representing aviation consumers, manufacturers, and fuel producers and distributors; and
"(2) other appropriate Federal agencies.
"(d)
Pub. L. 112–95, title IX, §911, Feb. 14, 2012, 126 Stat. 142, provided that:
"(a)
"(b)
"(c)
"(1)
"(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)
"(d)
"(1)
"(2)
"(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."
Pub. L. 112–95, title IX, §914, Feb. 14, 2012, 126 Stat. 144, provided that:
"(a)
"(b)
"(c)
"(d)
Pub. L. 112–95, title IX, §917, Feb. 14, 2012, 126 Stat. 145, provided that:
"(a)
"(b)
"(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)
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)
"(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)
Pub. L. 108–176, title VII, §711, Dec. 12, 2003, 117 Stat. 2585, provided that:
"(a)
"(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)
Pub. L. 106–181, title VII, §742, Apr. 5, 2000, 114 Stat. 175, provided that:
"(a)
"(b)
(a)
(A) develop, alter, test, and evaluate systems, procedures, facilities, 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, 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)
(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 dynamic simulation models 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 dynamic simulation models 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)
(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)
(1)
(2)
(3)
(e)
(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.)
| 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.
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.
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).
Pub. L. 115–254, div. B, title VII, §744, Oct. 5, 2018, 132 Stat. 3413, provided that: "Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator of the Federal Aviation Administration may carry out a program for the research and development of aircraft pavement technologies under which the Administrator makes grants to, and enters into cooperative agreements with, institutions of higher education and nonprofit organizations that—
"(1) research concrete and asphalt airfield pavement technologies that extend the life of airfield pavements;
"(2) develop and conduct training;
"(3) provide for demonstration projects; and
"(4) promote the latest airfield pavement technologies to aid in the development of safer, more cost effective, and more durable airfield pavements."
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)
"(b)
"(c)
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."
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."
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.
Pub. L. 108–176, title VII, §705, Dec. 12, 2003, 117 Stat. 2581, provided that:
"(a)
"(b)
Pub. L. 106–181, title I, §157, Apr. 5, 2000, 114 Stat. 89, provided that:
"(a)
"(b)
"(c)
"(d)
Pub. L. 106–181, title I, §160, Apr. 5, 2000, 114 Stat. 90, provided that:
"(a)
"(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)
Pub. L. 106–181, title III, §304, Apr. 5, 2000, 114 Stat. 122, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(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)
"(g)
"(h)
Pub. L. 106–181, title V, §516, Apr. 5, 2000, 114 Stat. 145, provided that:
"(a)
"(b)
"(c)
Pub. L. 106–181, title V, §520, Apr. 5, 2000, 114 Stat. 149, provided that:
"(a)
"(b)
Pub. L. 106–181, title VII, §743, Apr. 5, 2000, 114 Stat. 175, provided that:
"(a)
"(b)
"(c)
Pub. L. 108–176, title VII, §704, Dec. 12, 2003, 117 Stat. 2581, provided that:
"(a)
"(b)
"(c)
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."
(a)
(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)
(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)
(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)
(1)
(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)
(3)
(4)
(5)
(A)
(B)
(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)
(1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States;
(2) a 3-year projection of the number of controllers needed to be employed to operate the system to meet the standards; and
(3) a detailed plan for employing the controllers, including projected budget requests.
(f)
(1)
(A)
(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)
(i)
(ii)
(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)
(C)
(i)
(ii)
(iii)
(2)
(A)
(B)
(i)
(ii)
(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)
(4)
(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.)
| 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.
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.
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".
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."
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."
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."
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. 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)
"(b)
"(1)
"(2)
"(3)
(a)
(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.
(b)
(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.)
| 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.
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).
(a)
(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 40119,1 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 40119,1 44504, 44505, 44507, 44511–44513, and 44912 of this title.
(b)
(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)
(d)
(e)
(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)
(1)
(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)
(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)
(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.)
| 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.
Section 40119 of this title, referred to in subsecs. (a)(1)(A), (2) and (e)(1), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
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).
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.
1 See References in Text note below.
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.)
| 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. |
(a)
(1) the construction, purchase, or lease with an option to purchase, of buildings and associated facilities.
(2) instructional material and equipment.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44510(a) | 49 App.:1354a (1st sentence). | Nov. 5, 1990, Pub. L. 101–516, (1st sentence last proviso, 3d, last sentences in par. under heading "Facilities and Equipment"), 104 Stat. 2160. |
| Oct. 28, 1991, Pub. L. 102–143, (1st sentence last proviso, 3d, last sentences in par. under heading "Facilities and Equipment"), 105 Stat. 922. | ||
| Oct. 6, 1992, Pub. L. 102–388, (1st sentence last proviso, 3d, last sentences in par. under heading "Facilities and Equipment"), 106 Stat. 1525. | ||
| 44510(b) | 49 App.:1354a (3d, last sentences). |
In subsection (a), before clause (1), the words "With appropriations made for the Airway Science Program, as authorized below in this section" are omitted as unnecessary because of section 48106 of the revised title.
In subsection (b), the proviso is omitted as executed.
(a)
(b)
(c)
(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)
(e)
(f)
(1)
(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)
(3)
(4)
(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.)
| 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.
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".
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.
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.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182.)
| 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.
(a)
(b)
(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)
(d)
(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)
(f)
(g)
(h)
(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.)
| 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.
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).
Pub. L. 116–260, div. V, title I, §127, Dec. 27, 2020, 134 Stat. 2348, provided that:
"(a)
"(b)
"(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)
"(d)
"(1)
"(2)
"(3)
"(4)
"(5)
"(e)
[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.]
Pub. L. 112–95, title IX, §908, Feb. 14, 2012, 126 Stat. 140, provided that:
"(a)
"(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)
"(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."
(a)
(2) The Secretary shall reopen a flight service station closed after March 24, 1987, but before July 15, 1987, as soon as practicable if the service in the area in which the station is located has not been provided since the closing by an automatic flight service station with at least model 1 equipment. The hours of operation for the reopened station shall be the same as were the hours of operation for the station on March 25, 1987. After reopening the station, the Secretary may close, or reduce the hours of operation of, the station only as provided in paragraph (1) of this subsection.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44514(a) | 49 App.:2224. | Sept. 3, 1982, Pub. L. 97–248, §528, 96 Stat. 699; restated Dec. 30, 1987, Pub. L. 100–223, §113, 101 Stat. 1505. |
| 44514(b) | 49 App.:1348 (notes). | Nov. 5, 1990, Pub. L. 101–508, §9115, 104 Stat. 1388–364. |
| Nov. 5, 1990, Pub. L. 101–516, §330(a), 104 Stat. 2184. |
In subsection (a)(1), the words "On or after July 15, 1987" are omitted as obsolete.
In subsection (a)(2), the words "after December 30, 1987" are omitted as obsolete. The words "the date of" are omitted as surplus.
In subsection (b), the text of section 9115(b) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–364) and section 330(a) (last sentence) of the Department of Transportation and Related Agencies Appropriations Act, 1991 (Public Law 101–516, 104 Stat. 2184) is omitted as obsolete.
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1184.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44515 | 49 App.:1354 (note). | Oct., 31, 1992, Pub. L. 102–581, §119(a)–(c), 106 Stat. 4883. |
The words "vocational technical educational institution" are used throughout this section for consistency in this section.
Pub. L. 116–260, div. V, title I, §135, Dec. 27, 2020, 134 Stat. 2356, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(1)
"(A)
"(i) A description of the facilities, including the physical address of the certificate holder's primary location for operation of the school, any additional fixed locations where training will be provided, and the equipment and materials to be used at each location.
"(ii) A description of the manner in which the school's curriculum will ensure the student has the knowledge and skills necessary for attaining a mechanic certificate and associated ratings under subpart D of part 65 of title 14, Code of Federal Regulations (or any successor regulation).
"(iii) A description of the manner in which the school will ensure it provides the necessary qualified instructors to meet the requirements of subsection (d)(4).
"(B)
"(2)
"(A)
"(B)
"(3)
"(4)
"(A) Airframe.
"(B) Powerplant.
"(C) Airframe and Powerplant.
"(5)
"(A) The certificate holder's name.
"(B) The certificate holder's air agency certificate number.
"(C) The name and contact information of the certificate holder's primary point of contact.
"(D) The physical address of the certificate holder's primary location, as provided under paragraph (1)(A).
"(E) The physical address of any additional location of the certificate holder, as provided under subsection (d)(2).
"(F) The ratings held, as provided under paragraph (4).
"(G) Any regulatory exemption granted to the school by the Administrator.
"(d)
"(1)
"(2)
"(3)
"(A) establish, maintain, and utilize a curriculum designed to continually align with mechanic airman certification standards as appropriate for the ratings held;
"(B) provide training of a quality that meets the requirements of subsection (f)(1); and
"(C) ensure students have the knowledge and skills necessary to be eligible to test for a mechanic certificate and associated ratings under subpart D of part 65 of title 14, Code of Federal Regulations (or any successor regulation).
"(4)
"(A) provide qualified instructors to teach in a manner that ensures positive educational outcomes are achieved;
"(B) ensure instructors hold a mechanic certificate with 1 or more appropriate ratings (or, with respect to instructors who are not certified mechanics, ensure instructors are otherwise specifically qualified to teach their assigned content); and
"(C) ensure the student-to-instructor ratio does not exceed 25:1 for any shop class.
"(5)
"(e)
"(1)
"(A) be accredited as meeting the definition of an institution of higher education provided for in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
"(B) establish and maintain a quality control system that meets the requirements specified in paragraph (2) and is approved by the Administrator.
"(2)
"(f)
"(1)
"(2)
"(3)
"(4)
Pub. L. 115–254, div. B, title VI, §624, Oct. 5, 2018, 132 Stat. 3404, provided that:
"(a)
"(b)
"(c)
"(1) ensure training programs referred to in subsection (a) are revised and updated in correlation with aviation maintenance technician airman certification standards as necessary to reflect current technology and maintenance practices; and
"(2) publish updates to the guidance or model curricula required under subsection (b) at least once every 2 years, as necessary, from the date of initial publication.
"(d)
"(1) an explanation as to why such final rule was not issued by such deadline; and
"(2) a schedule for issuing such final rule.
"(e)
"(f)
"(1) analyze the current Standard Occupational Classification system with regard to the aviation profession, particularly technical workers in the aviation maintenance industry;
"(2) analyze how changes to the Federal employment classification of aviation maintenance industry workers might affect government data on unemployment rates and wages;
"(3) analyze how changes to the Federal employment classification of aviation maintenance industry workers might affect projections for future aviation maintenance industry workforce needs and project technical worker shortfalls;
"(4) analyze the impact of Federal regulation, including Federal Aviation Administration oversight of certification, testing, and education programs, on employment of technical workers in the aviation maintenance industry;
"(5) develop recommendations on how Federal Aviation Administration regulations and policies could be improved to modernize training programs at aviation maintenance technical schools and address aviation maintenance industry needs for technical workers;
"(6) develop recommendations for better coordinating actions by government, educational institutions, and businesses to support workforce growth in the aviation maintenance industry; and
"(7) develop recommendations for addressing the needs for government funding, private investment, equipment for training purposes, and other resources necessary to strengthen existing training programs or develop new training programs to support workforce growth in the aviation industry.
"(g)
"(h)
"(1)
"(2)
Pub. L. 108–176, title V, §504, Dec. 12, 2003, 117 Stat. 2559, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
Pub. L. 106–181, title V, §517, Apr. 5, 2000, 114 Stat. 145, provided that: "The Administrator [of the Federal Aviation Administration] shall form a partnership with industry and labor to develop a model program to improve the curricula, teaching methods, and quality of instructors for training individuals that need certification as airframe and powerplant mechanics."
(a)
(1)
(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)
(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)
(c)
(d)
(Added Pub. L. 106–181, title VII, §713(a), Apr. 5, 2000, 114 Stat. 160.)
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.
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.
Pub. L. 116–260, div. V, title I, §124, Dec. 27, 2020, 134 Stat. 2346, provided that:
"(a)
"(1)
"(2)
"(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)
"(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.]
(a)
(b)
(c)
(d)
(e)
(1)
(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)
(f)
(g)
(Added Pub. L. 108–176, title I, §183(a), Dec. 12, 2003, 117 Stat. 2516.)
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.
(a)
(b)
(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.
(c)
(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.)
2020—Subsec. (c). Pub. L. 116–260 added subsec. (c).
(a)
(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)
(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)
(Added Pub. L. 116–260, div. V, title I, §112(a), Dec. 27, 2020, 134 Stat. 2331.)
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.
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.
(a)
(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, 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 other practices, methods, and procedure the Administrator finds necessary for safety in air commerce and national security.
(b)
(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)
(d)
(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)
(1)
(2)
(3)
(4)
(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)
(A)
(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)
(C)
(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)
(f)
(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.)
| 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".
This amends 49:44701(d) and (e) to correct erroneous cross-references.
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".
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.
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.
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."
Pub. L. 116–260, div. V, title I, §102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that:
"(a)
"(1)
"(2)
"(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)
"(c)
"(d)
"(e)
"(f)
[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.]
Pub. L. 116–260, div. V, title I, §104, Dec. 27, 2020, 134 Stat. 2316, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)
"(f)
"(1)
"(2)
"(3)
"(4)
[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.]
Pub. L. 116–260, div. V, title I, §113, Dec. 27, 2020, 134 Stat. 2332, provided that:
"(a)
"(b)
"(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)
"(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)
"(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)
"(f)
[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.]
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, provided that:
"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)
"(2)
"(3)
"(4)
"(5)
"(a)
"(b)
"(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)
"(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)
"(1)
"(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)
"(A)
"(B)
"(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)
"(3)
"(4)
"(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)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(g)
"(1)
"(2)
"(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)
"(h)
"(i)
"(a)
"(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)
"(1)
"(2)
"(c)
"(d)
"(a)
"(b)
"(c)
"(1) the Flight Standards Service;
"(2) the Aircraft Certification Service; and
"(3) the Office of the Chief Counsel.
"(d)
"(1) Establish, at a minimum, processes by which—
"(A) FAA personnel and persons regulated by the FAA may submit anonymous regulatory interpretation questions 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 anonymous regulatory interpretation questions.
"(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).
"(e)
"(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).
"(a)
"(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)
"(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)
"(1) to promote United States aerospace safety standards; or
"(2) to support expedited acceptance of FAA design and production approvals."
Pub. L. 115–254, div. B, title III, §302, Oct. 5, 2018, 132 Stat. 3260, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
"(1)
"(2)
Pub. L. 115–254, div. B, title III, §303, Oct. 5, 2018, 132 Stat. 3261, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
"(A)
"(B)
Pub. L. 115–254, div. B, title III, §307, Oct. 5, 2018, 132 Stat. 3263, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title III, §308, Oct. 5, 2018, 132 Stat. 3263, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(f)
Pub. L. 115–254, div. B, title III, §315, Oct. 5, 2018, 132 Stat. 3267, provided that:
"(a)
"(b)
"(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)
"(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)
"(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."
Pub. L. 115–254, div. B, title III, §320, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
"(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)
Pub. L. 115–254, div. B, title III, §335, Oct. 5, 2018, 132 Stat. 3280, provided that:
"(a)
"(1)
"(2)
"(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)
"(1)
"(2)
"(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)
"(4)
"(A)
"(B)
"(5)
"(6)
Pub. L. 115–254, div. B, title V, §532, Oct. 5, 2018, 132 Stat. 3366, provided that:
"(a)
"(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)
"(c)
Pub. L. 115–254, div. B, title V, §546, Oct. 5, 2018, 132 Stat. 3376, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
"(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."
Pub. L. 115–254, div. B, title V, §583, Oct. 5, 2018, 132 Stat. 3399, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
"(d)
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)."
Pub. L. 114–190, title II, §2109, July 15, 2016, 130 Stat. 623, provided that:
"(a)
"(b)
"(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)
"(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)
"(1)
"(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)
"(3)
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)
"(1)
"(2)
"(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)
"(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)
"(d)
"(1)
"(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)
"(A)
"(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)
Pub. L. 112–95, title III, §313, Feb. 14, 2012, 126 Stat. 67, provided that:
"(a)
"(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)
"(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)
Pub. L. 112–95, title III, §315, Feb. 14, 2012, 126 Stat. 68, provided that:
"(a)
"(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)
"(c)
Pub. L. 112–95, title III, §343, Feb. 14, 2012, 126 Stat. 80, provided that:
"(a)
"(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)
"(1)
"(2)
"(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)
Pub. L. 112–95, title III, §345, Feb. 14, 2012, 126 Stat. 81, provided that:
"(a)
"(b)
"(c)
Pub. L. 112–95, title VI, §606, Feb. 14, 2012, 126 Stat. 113, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title III, §333, Oct. 5, 2018, 132 Stat. 3274, provided that:
"(a)
"(1)
"(A)
"(B)
"(2)
"(b)
"(1)
"(2)
"(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)
"(4)
"(c)
"(1)
"(2)
"(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)
"(4)
"(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)
"(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)
"(d)
"(1)
"(2)
"(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)
"(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)
"(A)
"(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)
"(5)
"(A)
"(B)
"(6)
"(7)
"(e)
"(1)
"(2)
"(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)
"(f)
"(g)
"(1)
"(2)
"(h)
"(1)
"(2)
Pub. L. 112–95, title VIII, §828, Feb. 14, 2012, 126 Stat. 133, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
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:
"(a) [sic]
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"[Amended section 1135 of this title.]
"[Amended section 44703 of this title.]
"(a)
"(b)
"(c)
"(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)
"(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)
"(f)
"(a)
"(b)
"(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.
"(a)
"(1)
"(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)
"(3)
"(A)
"(B)
"(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)
"(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.
"(a)
"(b)
"(a)
"(1)
"(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)
"(3)
"(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)
"(1)
"(2)
"(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)
"(1)
"(2)
"(3)
"(4)
"(a)
"(b)
"(1)
"(2)
"(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)
"(4)
"[Amended section 41712 of this title.]
"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.
"(a)
"(1)
"(2)
"(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)
"(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)
"(1)
"(2)
"(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)
"(4)
"(A)
"(B)
"(5)
"(6)
"(c)
"(1)
"(2)
"(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)
"(4)
"(5)
"(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.
"(a)
"(b)
"(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.
"(a)
"(b)
"(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)
"(d)
"(a)
"(b)
"(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)
"(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)
"(a)
"(1)
"(2)
"(A)
"(B)
"(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)
"(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)
"(a)
"(b)
"(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)
"(1)
"(2)
"(d)
"(e)
"(f)
Pub. L. 108–176, title V, §506, Dec. 12, 2003, 117 Stat. 2560, provided that:
"(a)
"(1)
"(2)
"(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)
"(b)
"(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)
"(1)
"(2)
"(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)
Pub. L. 106–181, title V, §513, Apr. 5, 2000, 114 Stat. 144, provided that:
"(a)
"(b)
"(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)
Pub. L. 106–181, title VII, §732, Apr. 5, 2000, 114 Stat. 168, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) to operate aircraft inspected no less often than after 125 hours of flight time;
"(B) to participate in an annual flight review, as described in section 61.56 of title 14, Code of Federal Regulations;
"(C) to have at least 500 hours of flight time as a pilot;
"(D) to have a commercial rating, as described in subpart F of part 61 of such title;
"(E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such title;
"(F) to hold a current letter of authorization issued by the Administrator; and
"(G) to take such other actions as the Administrator determines necessary for safety.
"(3)
"(c)
"(1)
"(2)
"(A) conducts aircraft operations over or within the State of Alaska;
"(B) 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
"(C) transports clients by such aircraft incidental to hunting, fishing, or other guide services."
Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided that:
"This Act may be cited as the 'Aviation Medical Assistance Act of 1998'.
"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.
"(a)
"(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)
"(a)
"(b)
"(c)
"(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)
"(e)
"(a)
"(b)
"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."
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)
"(2)
(a)
(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)
(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)
(d)
(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.)
| 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).
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.
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.
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."
(a)
(b)
(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)
(1)
(2)
(3)
(d)
(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)
(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)
(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)
(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)
(1)
(A)
(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)
(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)
(2)
(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-
(4)
(5)
(6)
(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)
(8)
(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)
(10)
(11)
(12)
(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)
(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)
(A)
(B)
(15)
(16)
(i) FAA
(1)
(2)
(A) FAA
(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)
(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)
(3)
(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)
(A)
(B)
(i)
(ii)
(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)
(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)
(7)
(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)
(A)
(B)
(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)
(A)
(B)
(i)
(ii)
(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)
(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)
(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)
(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)
(A)
(B)
(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)
(15)
(A)
(B)
(C)
(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)
(j)
(1)
(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)
(3)
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(4)
(A)
(B)
(k)
(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.)
| 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.
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.
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.
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.
"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.
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.
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.
Subsec. (h) of this section ceases to be effective beginning on Sept. 9, 2024, see 14 C.F.R. §111.5(b).
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.
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.
Pub. L. 115–254, div. B, title III, §318, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a)
"(b)
"(c)
Pub. L. 115–254, div. B, title III, §319, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a)
"(b)
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."
Pub. L. 115–254, div. B, title V, §582, Oct. 5, 2018, 132 Stat. 3399, provided that:
"(a)
"(b)
Pub. L. 114–190, title II, §2307, July 15, 2016, 130 Stat. 641, provided that:
"(a)
"(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 on the date of enactment of this Act, held such a certificate at any point during the 10-year period preceding such date of enactment, or obtains such a certificate after such date of enactment;
"(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 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 5 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)
"(1)
"(2)
"(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); 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)
"(c)
"(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)
"(e)
"(1)
"(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)
"(3)
"(A)
"(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)
"(4)
"(A)
"(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)
"(f)
"(1)
"(2)
"(3)
"(g)
"(1)
"(2)
"(3)
"(h)
"(i)
"(j)
"(1) is authorized under Federal law to carry not more than 6 occupants; and
"(2) has a maximum certificated takeoff weight of not more than 6,000 pounds.
"(k)
"(l)
"(1)
"(2)
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, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
"(4)
"(A)
"(B)
"(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)
"(i)
"(ii)
"(I) describes the facility at which such information is located; and
"(II) identifies the date on which such information was generated.
"(iii)
"(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)
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(e)
"(1)
"(2)
"(f)
"(1)
"(A)
"(B)
"(2)
"(3)
"(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)
"(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."
Pub. L. 112–153, §4, Aug. 3, 2012, 126 Stat. 1162, provided that:
"(a)
"(1)
"(2)
"(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)
"(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)
"(d)
Pub. L. 112–95, title III, §321, Feb. 14, 2012, 126 Stat. 71, provided that:
"(a)
"(b)
"(1) provide 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 timeline for the phased issuance of improved pilot licenses under this section that ensures all pilots are issued such licenses not later than 2 years after the initial issuance of such licenses under paragraph (2); and
"(B) recommendations for the Federal installation of infrastructure necessary to take advantage of information contained on improved pilot licenses issued under this section, which identify the necessary infrastructure, indicate the Federal entity that should be responsible for installing, funding, and operating the infrastructure at airport sterile areas, and provide an estimate of the costs of the infrastructure; and
"(2) begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and title 14, Code of Federal Regulations.
"(c)
"(1) be resistant to tampering, alteration, and counterfeiting;
"(2) include a photograph of the individual to whom the license is issued for identification purposes; and
"(3) be smart cards that—
"(A) accommodate iris and fingerprint biometric identifiers; and
"(B) are compliant with Federal Information Processing Standards-201 (FIPS–201) or Personal Identity Verification-Interoperability Standards (PIV–I) for processing through security checkpoints into airport sterile areas.
"(d)
"(e)
"(f)
"(1)
"(2)
Pub. L. 108–458, title IV, §4022, Dec. 17, 2004, 118 Stat. 3723, provided that:
"(a)
"(b)
"(1) be resistant to tampering, alteration, and counterfeiting;
"(2) include a photograph of the individual to whom the license is issued; and
"(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator considers necessary.
"(c)
"(d)
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."
(a)
(1)
(2)
(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)
(4)
(5)
(A)
(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)
(C)
(b)
(1)
(2)
(3)
(c)
(d)
(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)
(A)
(B)
(C)
(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)
(e)
(1)
(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)
(A)
(B)
(3)
(4)
(A)
(B)
(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)
(A)
(B)
(6)
(7)
(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)
(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)
(1)
(A)
(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)
(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)
(i)
(I) each appeal submitted under subparagraph (A)(ii); and
(II) An appeal to the Associate Administrator submitted under subparagraph (B)(v).
(ii)
(D)
(i)
(ii)
(iii)
(2)
(A)
(B)
(3)
(A)
(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)
(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)
(4)
(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.)
| 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.
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.
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.
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.
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.
Pub. L. 116–260, div. V, title I, §105(c), Dec. 27, 2020, 134 Stat. 2319, provided that:
"(1)
"(2)
"(3)
[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.]
Pub. L. 116–260, div. V, title I, §108, Dec. 27, 2020, 134 Stat. 2326, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)
"(f)
[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.]
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."
Pub. L. 116–260, div. V, title I, §115, Dec. 27, 2020, 134 Stat. 2333, provided that:
"(a)
"(b)
"(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)
"(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)
[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.]
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)
"(b)
"(c)
[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.]
Pub. L. 116–260, div. V, title I, §117, Dec. 27, 2020, 134 Stat. 2335, provided that:
"(a)
"(1)
"(2)
"(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)
"(1)
"(2)
"(A) initiation of a rulemaking proceeding; and
"(B) development or revision of guidance and training materials.
"(3)
"(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)
"(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)
"(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)
"(7)
"(c)
[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.]
Pub. L. 116–260, div. V, title I, §119(c), Dec. 27, 2020, 134 Stat. 2339, provided that:
"(1)
"(2)
"(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)
"(4)
"(5)
"(6)
[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.]
Pub. L. 116–260, div. V, title I, §126, Dec. 27, 2020, 134 Stat. 2347, provided that:
"(a)
"(b)
"(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)
"(d)
[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.]
Pub. L. 116–260, div. V, title I, §128, Dec. 27, 2020, 134 Stat. 2349, provided that:
"(a)
"(b)
[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.]
Pub. L. 115–254, div. B, title V, §506, Oct. 5, 2018, 132 Stat. 3354, provided that:
"(a)
"(1) to address cybersecurity for avionics systems, including software components; and
"(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.
"(b)
Pub. L. 113–53, Nov. 27, 2013, 127 Stat. 584, provided that:
"This Act may be cited as the 'Small Airplane Revitalization Act of 2013'.
"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.
"(a)
"(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)
"(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)
"(d)
"(e)
"(1)
"(A)
"(B)
"(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)
"(3)
"(4)
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]."
Pub. L. 112–95, title III, §312, Feb. 14, 2012, 126 Stat. 66, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
Pub. L. 112–95, title VIII, §816, Feb. 14, 2012, 126 Stat. 126, provided that:
"(a)
"(1)
"(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)
"(3)
"(b)
"(1)
"(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)
"(c)
"(1)
"(2)
"(3)
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.
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.)
| 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.
(a)
(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)
(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)
(d)
(e)
(f)
(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.)
| 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.
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).
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.
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.
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."
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."
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.
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.)
| 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.
Pub. L. 106–181, title VII, §734, Apr. 5, 2000, 114 Stat. 170, provided that:
"(a)
"(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)
"(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)
"(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)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
"(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)
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.)
| 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).
(a)
(1)
(2)
(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)
(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)
(d)
(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)
(1)
(2)
(3)
(4)
(f)
(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.)
| 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.
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."
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.
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.
(a)
(b)
(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)
(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)
(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)
(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)
(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.)
| 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.
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".
(a)
(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; or
(10) violate section 44732 or any regulation issued thereunder.
(b)
(c)
(d)
(1)
(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)
(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.)
| 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.
This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
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".
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]."
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.
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.
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.
(a)
(b)
(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)
(1)
(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)
(A) a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or
(B) other safety objectives.
(d)
(e)
(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.)
| 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.
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).
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.
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."
Pub. L. 112–95, title III, §347, Feb. 14, 2012, 126 Stat. 82, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) the Committee on Commerce, Science, and Transportation of the Senate; and
"(2) the Committee on Transportation and Infrastructure of the House of Representatives."
(a)
(b)
(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)
(d)
(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)
(1)
(2)
(A)
(B)
(3)
(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.)
| 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.
1996—Subsec. (e). Pub. L. 104–264 added subsec. (e).
"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.
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.
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.
Pub. L. 112–95, title III, §319, Feb. 14, 2012, 126 Stat. 69, provided that:
"(a)
"(b)
"(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)
"(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)
"(1)
"(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)
"(3)
"(4)
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.)
| 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.
Pub. L. 115–254, div. B, title V, §565, Oct. 5, 2018, 132 Stat. 3385, provided that:
"(a)
"(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)
"(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)
(a)
(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)
(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)
(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)
(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)
(f)
(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.)
| 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.
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."
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.
(a)
(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)
(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)
(d)
(e)
(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)
(g)
(1)
(2)
(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)
(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.)
| 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.
2000—Subsec. (g). Pub. L. 106–181 added subsec. (g).
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.
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.
(a)
(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)
(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)
(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)
(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.)
| 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.
(a)
(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)
(1)
(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)
(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)
(c)
(1) the receipt and consideration of, and action on, the application; and
(2) the completion of any associated aeronautical study.
(d)
(1)
(2)
(e)
(f)
(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)
(h)
(1)
(2)
(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.)
| 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.
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.
Section 183a(h)(7) of title 10, referred to in subsec. (h)(2), was redesignated as section 183a(h)(9) of title 10 by Pub. L. 116–92, div. A, title III, §371(5)(A), Dec. 20, 2019, 133 Stat. 1329, and subsequently was redesignated as section 183a(h)(11) of title 10 by Pub. L. 118–31, div. A, title III, §362(b)(2), Dec. 22, 2023, 137 Stat. 232.
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).
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.
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.
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]."
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)
"(1)
"(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)
"(b)
"(1)
"(A)
"(i)
"(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)
"(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)
"(C)
"(2)
"(c)
"(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)
"(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)
"(f)
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.
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."
1 See References in Text note below.
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.)
| 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.
(a)
(b)
(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 1 to persons engaged in civil aeronautics that are designated by 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.)
| 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.
Pub. L. 115–254, div. B, title III, §322, Oct. 5, 2018, 132 Stat. 3270, 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. 115–254, div. B, title V, §516, Oct. 5, 2018, 132 Stat. 3358, provided that:
"(a)
"(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)
"(1) have approved procedures for dispatch or release and enroute weather evaluation; and
"(2) operate under instrument flight rules enroute to the destination.
"(c)
"(d)
Pub. L. 115–254, div. B, title V, §553, Oct. 5, 2018, 132 Stat. 3379, provided that:
"(a)
"(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)
"(c)
"(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)
"(1)
"(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)
"(e)
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."
1 So in original. Probably should be followed by a comma.
(a)
(1)
(2)
(b)
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart; and
(3) not obviously defective or deficient.
(c)
(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, 1947,1 (33 U.S.C. 883a–883h).
(2) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j).
(d)
(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)
(1)
(2)
(f)
(1)
(2)
(g)
(1)
(A)
(B)
(C)
(D)
(2)
(3)
(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)
(5)
(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.)
| 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.
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.
2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a)
"(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)
"(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).
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.
Pub. L. 106–181, title VI, §604, Apr. 5, 2000, 114 Stat. 152, provided that:
"(a)
"(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)
"(1)
"(2)
"(c)
"(d)
"(e)
"(f)
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."
Pub. L. 106–181, title VI, §602, Apr. 5, 2000, 114 Stat. 149, provided that:
"(a)
"(b)
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."
1 So in original. The comma probably should not appear.
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.)
| 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.
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.)
| 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.
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.
(a)
(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)
(c)
(Added Pub. L. 104–264, title VI, §602(a)(1), Oct. 9, 1996, 110 Stat. 3263.)
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.
(a)
(b)
(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)
(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)
(Added Pub. L. 106–181, title V, §504(a), Apr. 5, 2000, 114 Stat. 134.)
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.
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.
(a)
(1)
(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)
(b)
(1)
(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)
(c)
(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)
(e)
(1)
(2)
(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)
(1) a law enforcement official of the United States Government requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g)
(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.)
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".
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.
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.
(a)
(b)
(1)
(2)
(Added Pub. L. 108–176, title V, §502(a), Dec. 12, 2003, 117 Stat. 2557.)
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.
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.
(a)
(1)
(2)
(3)
(b)
(c)
(d)
(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)
(f)
(1)
(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)
(g)
(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.)
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.
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).
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]."
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)."
1 So in original. Probably should be "Regulations,".
(a)
(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)
(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)
(1)
(2)
(d)
(e)
(1)
(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)
(f)
(g)
(1)
(2)
(h)
(1)
(2) GAO
(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.)
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.
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."
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."
(a)
(1)
(2)
(b)
(c)
(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)
(1)
(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)
(e)
(1)
(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)
(3)
(f)
(1)
(2)
(Added Pub. L. 112–95, title III, §306(a), Feb. 14, 2012, 126 Stat. 58.)
The date of enactment of this section, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
(a)
(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)
(c)
(d)
(e)
(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; and
(2) 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.
(f)
(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.)
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.
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).
Pub. L. 115–254, div. B, title III, §314(a)–(c), Oct. 5, 2018, 132 Stat. 3265, 3266, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
(a)
(b)
(c)
(d)
(Added Pub. L. 112–95, title III, §307(a), Feb. 14, 2012, 126 Stat. 61.)
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."
(a)
(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 covered part 145 repair stations when safety concerns warrant such inspections.
(b)
(c)
(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)
(1)
(2)
(e)
(f)
(1)
(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)
(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)
(g)
(1)
(2)
(3)
(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.)
The date of enactment of this section, referred to in subsecs. (a) and (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.
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).
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."
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."
(a)
(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)
(c)
(1)
(2)
(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.)
2016—Subsec. (a)(4). Pub. L. 114–190 added par. (4).
(a)
(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; or
(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.
(b)
(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)
(1)
(2)
(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.)
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.
2020—Subsec. (a). Pub. L. 116–260 inserted "—" after "title 5", designated remaining existing provisions as par. (1), and added par. (2).
(a)
(1)
(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)
(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)
(b)
(1)
(2)
(3)
(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; and
(F) ensure the ODA holders procedures manual contains procedures and policies based on best practices established by the Administrator.
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(2)
(3)
(A) each audit conducted under this subsection; and
(B) any corrective actions resulting from each such audit.
(e)
(1)
(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)
(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)
(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.
(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.)
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.
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).
Pub. L. 116–260, div. V, title I, §103, Dec. 27, 2020, 134 Stat. 2311, provided that:
"(a)
"(1)
"(2)
"(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)
"(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)
"(5)
"(A)
"(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)
"(C)
"(D)
"(6)
"(A)
"(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)
"(C)
"(i)
"(ii)
"(I)
"(II)
"(iii)
"(iv)
"(v)
"(D)
"(E)
"(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)
"(1)
"(2)
"(3)
"(c)
"(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)
[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.]
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)
"(1)
"(2)
"(A)
"(B)
"(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)
"(c)
"(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)
"(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)
"(f)
"(g)
"(h)
"(1)
"(2)
"(i)
"(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)."
(a)
(1)
(A) comply with the requirements applicable to the category of the rotorcraft 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)
(b)
(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 rotorcraft owners and operators of available modifications to improve fuel system crashworthiness; and
(B) urge that such modifications be installed as soon as practicable.
(c)
(Added Pub. L. 115–254, div. B, title III, §317(a), Oct. 5, 2018, 132 Stat. 3268.)
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.
Another section 44737 was renumbered section 44740 of this title.
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.)
(a)
(b)
(Added Pub. L. 115–254, div. B, title IV, §417(a), Oct. 5, 2018, 132 Stat. 3334.)
(a)
(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)
(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)
(1)
(2)
(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.)
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.
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."
(a)
(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)
(1)
(2)
(3)
(4)
(5)
(c)
(1)
(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)
(d)
(e)
(1)
(2)
(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)
(4)
(5)
(f)
(1)
(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)
(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 90-day 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)
(1)
(2)
(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)
(4)
(h)
(i)
(1)
(2)
(j)
(Added Pub. L. 116–260, div. V, title I, §107(a), Dec. 27, 2020, 134 Stat. 2320.)
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.
The date of enactment of this section, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020.
(a)
(b)
(1)
(2)
(A)
(B)
(c)
(1)
(2)
(A)
(B)
(d)
(1)
(2)
(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.)
(a)
(1)
(2)
(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)
(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)
(Added Pub. L. 116–260, div. V, title I, §119(a), Dec. 27, 2020, 134 Stat. 2338.)
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.
(a)
(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)
(c)
(1)
(2)
(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)
(1)
(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)
(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.)
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."
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)."
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.
1 So in original. Does not conform to section catchline.
In this chapter, the following definitions apply:
(1)
(A) weighs 4.4 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; and
(C) is controlled and retrieved by such ground station through physical manipulation of the tether.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(Added Pub. L. 115–254, div. B, title III, §341(a), Oct. 5, 2018, 132 Stat. 3284.)
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, referred to in par. (10), means section 332(c) of Pub. L. 112–95, as in effect on the day before the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018. Section 332 of Pub. L. 112–95 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.
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."
Pub. L. 115–254, div. B, title III, §366, Oct. 5, 2018, 132 Stat. 3310, provided that:
"(a)
"(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)
"(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)
Pub. L. 115–254, div. B, title III, §375, Oct. 5, 2018, 132 Stat. 3314, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title III, §379, Oct. 5, 2018, 132 Stat. 3318, provided that:
"(a)
"(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)
"(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)
"(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."
(a)
(1)
(2)
(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)
(4)
(5)
(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)
(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.)
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.
Pub. L. 116–280, Dec. 31, 2020, 134 Stat. 3379, provided that:
"This Act may be cited as the 'Drone Advisory Committee for the 21st Century Act'.
"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.
"(1)
"(2)
Pub. L. 115–254, div. B, title III, §342, Oct. 5, 2018, 132 Stat. 3287, provided that:
"(a)
"(b)
"(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)
"(d)
"(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."
Pub. L. 115–254, div. B, title III, §351, Oct. 5, 2018, 132 Stat. 3301, provided that:
"(a)
"(b)
"(c)
"(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)
"(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)
"(1)
"(2)
"(3)
"(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)
"(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)
"(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)
"(i)
"(j)
"(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)
"(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."
Pub. L. 115–254, div. B, title III, §352, Oct. 5, 2018, 132 Stat. 3304, provided that:
"(a)
"(b)
"(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."
Pub. L. 115–254, div. B, title III, §353, Oct. 5, 2018, 132 Stat. 3304, provided that:
"(a)
"(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)
"(c)
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."
Pub. L. 115–254, div. B, title III, §363, Oct. 5, 2018, 132 Stat. 3308, provided that:
"(a)
"(b)
"(c)
Pub. L. 115–254, div. B, title III, §376, Oct. 5, 2018, 132 Stat. 3314, provided that:
"(a)
"(b)
"(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)
"(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)
"(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)
"(f)
"(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)
"(h)
"(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)
"(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."
Pub. L. 115–254, div. B, title III, §377, Oct. 5, 2018, 132 Stat. 3317, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Pub. L. 115–254, div. B, title III, §380, Oct. 5, 2018, 132 Stat. 3319, provided that:
"(a)
"(b)
"(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)
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."
Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, provided that:
"(a)
"(1)
"(2)
"(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)
"(1)
"(2)
"(c)
"(d)
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, provided that:
"(a)
"(b)
"(a)
"(b)
"(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)
"(d)
"(a)
"(b)
"(1)
"(2)
"(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)
"(a)
"(b)
"(c)
"(a)
"(b)
"(c)
"(a)
"(b)
"(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)
"(a)
"(1)
"(2)
"(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)
"(4)
"(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)
"(1)
"(2)
"(c)
"(a)
"(b)
"(1)
"(A)
"(B)
"(C)
"(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) Other locations that warrant such restrictions.
"(2)
"(A)
"(B)
"(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)
"(i) aviation safety;
"(ii) protection of persons and property on the ground;
"(iii) national security; or
"(iv) homeland security.
"(D)
"(c)
"(d)
"(e)
"(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.
"(a)
"(1) beyond the visual line of sight of the individual operating the unmanned aircraft system; and
"(2) during the day or at night.
"(b)
"(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)
"(1)
"(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)
"(d)
"(1)
"(2)
"(e)
[Amended section 332 of Pub. L. 112–95, formerly set out in a note below.]
"(a)
"(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)
"(a)
"(b)
Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, provided that:
"(1)
"(2)
Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, provided that:
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(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)
"(c)
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:
"In this subtitle, the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(8)
"(9)
"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.
Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(f)
"(g)
"(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."
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:
(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.
(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.
(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).
(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.
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:
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.
(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.
(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.
(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.
(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.
(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.
(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.
(a)
(b)
(1) designate airspace for safely testing the integration of unmanned flight operations in the national airspace system;
(2) develop operational standards and air traffic requirements for unmanned flight operations at test ranges;
(3) coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense;
(4) address both civil and public unmanned aircraft systems;
(5) ensure that the program is coordinated with relevant aspects of the Next Generation Air Transportation System;
(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system;
(7) engage test range operators, as necessary and within available resources, in projects for research, development, testing, and evaluation of unmanned aircraft systems to facilitate the Federal Aviation Administration's development of standards for the safe integration of unmanned aircraft into the national airspace system, which may include solutions for—
(A) developing and enforcing geographic and altitude limitations;
(B) providing for alerts by the manufacturer of an unmanned aircraft system regarding any hazards or limitations on flight, including prohibition on flight as necessary;
(C) sense and avoid capabilities;
(D) beyond-visual-line-of-sight operations, nighttime operations, operations over people, operation of multiple small unmanned aircraft systems, and unmanned aircraft systems traffic management, or other critical research priorities; and
(E) improving privacy protections through the use of advances in unmanned aircraft systems technology;
(8) coordinate periodically with all test range operators to ensure test range operators know which data should be collected, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
(9) streamline to the extent practicable the approval process for test ranges when processing unmanned aircraft certificates of waiver or authorization for operations at the test sites;
(10) require each test range operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test range without the need to obtain an experimental or special airworthiness certificate; 1
(11) allow test range operators to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test range participants in the furtherance of research, development, and testing objectives.
(c)
(d)
(1) review the operations of unmanned aircraft systems conducted at the test range, including—
(A) ongoing or completed research; and
(B) data regarding operations by private and public operators; and
(2) submit to the Administrator, in such form and manner as specified by the Administrator, the results of the review, including recommendations to further enable private research and development operations at the test ranges that contribute to the Federal Aviation Administration's safe integration of unmanned aircraft systems into the national airspace system, on a quarterly basis until the program terminates.
(e)
(f)
(g)
(h)
(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.)
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".
1 So in original. Probably should be followed by "and".
(a)
(b)
(c)
(d)
(e)
(1)
(2)
(Added Pub. L. 115–254, div. B, title III, §344(a), Oct. 5, 2018, 132 Stat. 3290.)
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.
(a)
(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;
(2) authorizing the operation of small 2 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)
(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.
(e) 3
(1) airworthiness certification requirements under section 44704 of this title; or
(2) type certification under part 21 of title 14, Code of Federal Regulations.
(f)
(g)
(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 (h).
(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).
(h)
(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.
(i)
(1)
(2)
(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.
(j)
(Added Pub. L. 115–254, div. B, title III, §345(a), Oct. 5, 2018, 132 Stat. 3291.)
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.
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."
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be preceded by "a".
3 So in original. There are no subsecs. (c) and (d).
(a)
(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)
(1)
(2)
(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)
(1)
(A) operated at an altitude of less than 150 feet above ground level;
(B) 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;
(C) not flown directly over non-participating persons;
(D) operated within visual line of sight of the operator; and
(E) operated in a manner that does not interfere with and gives way to any other aircraft.
(2)
(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)
(4)
(d)
(Added Pub. L. 115–254, div. B, title III, §346(a), Oct. 5, 2018, 132 Stat. 3294.)
The date of enactment of this Act, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
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.
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."
(a)
(b)
(1) which types of 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)
(d)
(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.)
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.
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".
(a)
(b)
(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)
(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)
(Added Pub. L. 115–254, div. B, title III, §348(a), Oct. 5, 2018, 132 Stat. 3297.)
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.
(a)
(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) 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.
(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)
(c)
(1)
(2)
(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).
(d)
(1)
(2)
(A) appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure;
(B) operations outside the membership, guidelines, and programming of a community-based organization;
(C) physical characteristics, technical standards, and classes of aircraft operating under this section;
(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;
(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and
(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace system.
(3)
(e)
(f)
(1) updates to 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)
(1)
(2)
(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)
(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
(3) the mission of which is demonstrably the furtherance of model aviation;
(4) 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;
(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.
(i)
(Added Pub. L. 115–254, div. B, title III, §349(a), Oct. 5, 2018, 132 Stat. 3298.)
The date of enactment of this section, referred to in subsecs. (g)(1) and (i), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1), (2), is classified to section 501 of Title 26, Internal Revenue Code.
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.
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, provided that:
"(a)
"(1) operated by an institution of higher education for educational or research purposes;
"(2) flown as part of an established Junior Reserve Officers' Training Corps (JROTC) program for education or research purposes; or
"(3) 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)
"(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)
"(d)
"(1)
"(2)
"(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.
"(e)
"(1)
"(2)
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(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.)
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 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 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.
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".
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."
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, provided that:
"(a)
"(b)
"(c)
"(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)
"(e)
"(f)
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".
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.
(a)
(b)
(c)
(d)
(1)
(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)
(A)
(B)
(C)
(D)
(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)
(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)
(g)
(1)
(2)
(3)
(4)
(h)
(1)
(2)
(i)
(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)
(1)
(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)
(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)
(k)
(1)
(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)
(3)
(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)
(l)
(1)
(A)
(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)
(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)
(2)
(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)
(A)
(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)
(4)
(A)
(B)
(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)
(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.)
| 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.
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.
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).
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.
Pub. L. 107–71, title I, §141, Nov. 19, 2001, 115 Stat. 643, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
Pub. L. 107–71, title I, §101(g), Nov. 19, 2001, 115 Stat. 603, provided that:
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(5)
Pub. L. 117–263, div. G, title LXXI, §7131, Dec. 23, 2022, 136 Stat. 3644, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(f)
"(1)
"(2)
"(3)
"(4)
"(5)
Pub. L. 117–263, div. G, title LXXI, §7132, Dec. 23, 2022, 136 Stat. 3645, provided that:
"(a)
"(1)
"(2)
"(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)
"(b)
"(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)
"(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)
"(e)
"(1)
"(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)
"(f)
"(1)
"(2)
"(3)
"(g)
"(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)
"(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)
"(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)
"(k)
Pub. L. 117–81, div. F, title LXIV, §6415, Dec. 27, 2021, 135 Stat. 2413, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(f)
"(g)
"(h)
"(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."
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."
Pub. L. 115–254, div. K, title I, §1914, Oct. 5, 2018, 132 Stat. 3555, provided that:
"(a)
"(b)
Pub. L. 115–254, div. K, title I, §1922, Oct. 5, 2018, 132 Stat. 3561, provided that:
"(a)
"(b)
"(1) online; and
"(2) in physical locations at applicable airport terminals.
"(c)
"(d)
Pub. L. 115–254, div. K, title I, §1924, Oct. 5, 2018, 132 Stat. 3562, provided that:
"(a)
"(1)
"(2)
"(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)
"(c)
"(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)
"(e)
"(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)
"(1)
"(2)
"(3)
"(A)
"(B)
"(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)
"(i) not include identifying information regarding an individual or entity or equipment; and
"(ii) protect proprietary information.
"(g)
Pub. L. 115–254, div. K, title I, §1925, Oct. 5, 2018, 132 Stat. 3563, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"(5)
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]."
Pub. L. 115–254, div. K, title I, §1950, Oct. 5, 2018, 132 Stat. 3589, provided that:
"(a)
"(1)
"(2)
"(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)
"(b)
"(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)
"(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)
"(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."
Pub. L. 115–254, div. K, title I, §1951, Oct. 5, 2018, 132 Stat. 3590, provided that:
"(a)
"(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)
"(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)
"(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)
"(e)
"(f)
"(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)
"(h)
"(i)
"(j)
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."
Pub. L. 115–254, div. K, title I, §1956, Oct. 5, 2018, 132 Stat. 3596, provided that:
"(a)
"(1)
"(2)
"(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)
"(c)
"(d)
Pub. L. 115–254, div. K, title I, §1962, Oct. 5, 2018, 132 Stat. 3601, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)."
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."
Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided that:
"This Act may be cited as the 'Bottles and Breastfeeding Equipment Screening Act'.
"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."
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:
"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'.
"In this title:
"(1)
"(2)
"(3)
"(4)
"(a)
"(b)
"(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.
"(a)
"(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)
"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.
"(a)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(d)
"(a)
"(b)
"(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.
"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.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(a)
"(b)
"(a)
"(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)
"(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)
"(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.
"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.
"Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize reducing wait times over security effectiveness.
"In this subtitle:
"(1)
"(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)
"(3)
"(4)
"(a)
"(1)
"(2)
"(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)
"(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.
"(a)
"(1)
"(2)
"(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)
"(c)
"(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.
"(a)
"(b)
"(1)
"(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)
"(a)
"(1)
"(2)
"(3)
"(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)
"(5)
"(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)
"(7)
"(b)
"(1)
"(2)
"(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)
"(c)
"(d)
"(a)
"(b)
"(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.
"(a)
"(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)
"(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)
"(1)
"(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)
"(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)
"(a)
"(b)
"(c)
"(1)
"(2)
"(a)
"(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)
"(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.
"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.
"(a)
"(b)
"(a)
"(b)
"(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)
"(a)
"(b)
"(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.
"(a)
"(b)
"(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.
"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.
"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.
"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."
Pub. L. 110–53, title XVI, §1610, Aug. 3, 2007, 121 Stat. 484, provided that:
"(a)
"(1)
"(2)
"(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)
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.
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."
Pub. L. 108–458, title IV, §4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that:
"(a)
"(b)
Pub. L. 108–458, title IV, §4020, Dec. 17, 2004, 118 Stat. 3722, provided that:
"(a)
"(b)
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.
Pub. L. 108–458, title IV, §4052, Dec. 17, 2004, 118 Stat. 3728, provided that:
"(a)
"(b)
"(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)
"(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)
"(1)
"(2)
Pub. L. 108–458, title VII, §7220, Dec. 17, 2004, 118 Stat. 3835, provided that:
"(a)
"(1)
"(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)
"(3)
"(b)
"(1)
"(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)
"(3)
"(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)
"(A)
"(B)
"(5)
"(A)
"(B)
"(C)
"(6)
"(7)
"(A)
"(B)
"(C)
"(D)
"(E)
"(8)
"(A)
"(B)
"(C)
"(D)
"(c)
"(1)
"(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)
"(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)
"(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."
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.
Pub. L. 107–71, title I, §110(d), Nov. 19, 2001, 115 Stat. 616, provided that:
"(1)
"(A) an installation schedule;
"(B) the dates of installation of each system; and
"(C) the date on which each system installed is operational.
"(2)
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."
Pub. L. 104–264, title III, §307, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Administrator of the Federal Aviation Administration, the Secretary of Transportation, the intelligence community, and the law enforcement community should continue to assist air carriers in developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs which should be used in conjunction with other security measures and technologies."
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.
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".
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.
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)
"(2)
"(3)
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.
(a)
(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)
(c)
(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.)
| 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.
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".
(a)
(1)
(2)
(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)
(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)
(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)
(3)
(d)
(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)
(f)
(g)
(1)
(A)
(B)
(2)
(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)
(1)
(2)
(3)
(4)
(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)
(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)
(A)
(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)
(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)
(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)
(A)
(B)
(C)
(D)
(E)
(F)
(i)
(1)
(2)
(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)
(j)
(1)
(2)
(A)
(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)
(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)
(i)
(ii)
(iii)
(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)
(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)
(D)
(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)
(i)
(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)
(iii)
(F)
(G)
(i)
(ii)
(H)
(k)
(l)
(1)
(2)
(A)
(B)
(C)
(m)
(1)
(2)
(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)
(4)
(n)
(1)
(2)
(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.)
| 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.
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.
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)
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).
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]."
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.
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.
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.
Pub. L. 115–254, div. B, title III, §336, Oct. 5, 2018, 132 Stat. 3281, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title III, §§339A, 339B, Oct. 5, 2018, 132 Stat. 3282, 3283, provided that:
"(a)
"(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)
"(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)
"(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)
"(e)
"(f)
"(g)
"(a)
"(b)
"(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."
Pub. L. 115–254, div. B, title V, §551, Oct. 5, 2018, 132 Stat. 3378, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)
Pub. L. 115–254, div. K, title I, §1915, Oct. 5, 2018, 132 Stat. 3555, provided that:
"(a)
"(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)
"(c)
Pub. L. 115–254, div. K, title I, §1920, Oct. 5, 2018, 132 Stat. 3560, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(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."
Pub. L. 115–254, div. K, title I, §1934, Oct. 5, 2018, 132 Stat. 3572, provided that:
"(a)
"(b)
"(c)
"(1)
"(A)
"(B)
"(2)
"(d)
"(e)
"(f)
"(g)
"(h)
"(1)
"(2)
"(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)
"(i)
"(1)
"(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)
"(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.]
Pub. L. 115–254, div. K, title I, §1935, Oct. 5, 2018, 132 Stat. 3574, provided that:
"(a)
"(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)
"(c)
"(d)
Pub. L. 115–254, div. K, title I, §1936, Oct. 5, 2018, 132 Stat. 3575, provided that:
"(a)
"(1)
"(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)
"(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)
"(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)
"(1)
"(2)
"(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)
Pub. L. 115–254, div. K, title I, §1949, Oct. 5, 2018, 132 Stat. 3588, provided that:
"(a)
"(1)
"(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)
"(b)
"(1)
"(2)
"(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)
"(1)
"(2)
"(3)
"(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)
"(1)
"(2)
"(e)
"(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."
Pub. L. 115–254, div. K, title I, §1952, Oct. 5, 2018, 132 Stat. 3592, provided that:
"(a)
"(b)
"(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)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(A)
"(i) is not a commercial service airport; and
"(ii) is receiving screening services for scheduled passenger aircraft.
"(B)
"(C)
"(d)
"(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)
"(f)
[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.]
Pub. L. 115–254, div. K, title I, §1961, Oct. 5, 2018, 132 Stat. 3600, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title V, §509, Oct. 5, 2018, 132 Stat. 3355, provided that:
"(a)
"(b)
"(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)
"(d)
Pub. L. 114–190, title II, §2111, July 15, 2016, 130 Stat. 625, provided that:
"(a)
"(1)
"(2)
"(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)
"(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)
"(c)
"(d)
"(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)
"(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."
Pub. L. 114–50, Sept. 24, 2015, 129 Stat. 490, provided that:
"This Act may be cited as the 'Gerardo Hernandez Airport Security Act of 2015'.
"In this Act:
"(1)
"(2)
"(a)
"(b)
"(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)
"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.
"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.
"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.
"(a)
"(b)
"(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)
"(d)
"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.
"(a)
"(b)
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".
Pub. L. 110–53, title XVI, §1605, Aug. 3, 2007, 121 Stat. 481, provided that:
"(a)
"(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
"(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."
Pub. L. 110–53, title XVI, §1613, Aug. 3, 2007, 121 Stat. 485, provided that:
"(a)
"(b)
"(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)
"(1)
"(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)
"(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)
"(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)
Pub. L. 110–53, title XVI, §1614, Aug. 3, 2007, 121 Stat. 486, provided that:
"(a)
"(b)
Pub. L. 108–176, title VI, §607, Dec. 12, 2003, 117 Stat. 2568, provided that:
"(a)
"(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
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."
Pub. L. 107–71, title I, §104, Nov. 19, 2001, 115 Stat. 605, provided that:
"(a)
"(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)
"(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)
Pub. L. 107–71, title I, §106(b), Nov. 19, 2001, 115 Stat. 609, provided that:
"(1)
"(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)
"(A)
"(B)
"(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."
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."
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."
Pub. L. 107–71, title I, §121, Nov. 19, 2001, 115 Stat. 630, provided that:
"(a)
"(b)
"(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)
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.
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.
Pub. L. 106–528, §5, Nov. 22, 2000, 114 Stat. 2521, provided that:
"(a)
"(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)
Pub. L. 106–181, title V, §512, Apr. 5, 2000, 114 Stat. 142, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(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)
"(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)
"(A)
"(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)
"(c)
"(1)
"(2)
"(3)
"(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)
"(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)
"(f)
Pub. L. 104–264, title III, §309, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Secretary of Transportation and the Attorney General, acting through the Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation, shall enter into 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."
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)".
(a)
(b)
(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)
(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)
(e)
(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.)
| 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.
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".
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.
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.
Pub. L. 104–264, title III, §310, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation shall carry out joint threat and vulnerability assessments on security every 3 years, or more frequently, as necessary, at each airport determined to be high risk."
(a)
(b)
(c)
(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)
(e)
(f)
(g)
(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.)
| 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.
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".
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.)
| 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.
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."
(a)
(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)
(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)
(d)
(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)
(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)
(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.)
| 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.
2018—Subsec. (a)(2)(B). Pub. L. 115–254 inserted ", including the screening and vetting of airport workers" after "security measures".
Pub. L. 115–254, div. K, title I, §1953, Oct. 5, 2018, 132 Stat. 3594, provided that:
"(a)
"(1)
"(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)
"(b)
"(1)
"(2)
"(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)
"(d)
"(e)
(a)
(1) immediately shall issue a travel advisory for that airport; and
(2) shall publicize the advisory widely.
(b)
(c)
(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.)
| 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.
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.
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".
(a)
(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)
(c)
(1)
(2)
(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)
(4)
(5)
(6)
(A)
(B)
(i)
(ii)
(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.)
| 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.
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.
"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.
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.
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.
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.)
| 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. |
(a)
(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)
(c)
(d)
(e)
(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.)
| 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".
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.
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.
(a)
(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)
(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)
(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)
(1)
(2)
(A)
(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)
(C)
(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)
(3)
(e)
(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.)
| 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".
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."
Pub. L. 115–254, div. K, title I, §1916, Oct. 5, 2018, 132 Stat. 3556, provided that:
"(a)
"(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)
"(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)
"(1)
"(2)
"(3)
"(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)
"(e)
[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.]
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)
"(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)
"(c)
"(d)
"(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.]
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.
(a)
(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)
(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.)
| 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.
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).
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.
Pub. L. 108–458, title IV, §4024, Dec. 17, 2004, 118 Stat. 3724, provided that:
"(a)
"(b)
Pub. L. 104–264, title III, §303, Oct. 9, 1996, 110 Stat. 3250, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(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)
"(1) expertise; and
"(2) to the extent allowable by law, resources and facilities.
"(e)
"(f)
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.)
| 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.
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".
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.)
| 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.
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.
(a)
(b)
(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.)
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.
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.
(a)
(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)
(c)
(1)
(2)
(3)
(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.)
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).
Pub. L. 115–254, div. K, title I, §1959(a)–(c)(4), Oct. 5, 2018, 132 Stat. 3598, 3599, provided that:
"(a)
"(1)
"(2)
"(3)
"(A) such mission is necessary for aviation security; and
"(B) the requirements of paragraph (4)(B) are met.
"(4)
"(A)
"(B)
"(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)
"(c)
"(1)
"(2)
"(3)
"(4)
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."
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)
"(b)
"(c)
"(1)
"(2)
1 So in original. Probably should be "Administrator".
(a)
(1)
(2)
(A) Recognizing suspicious activities and determining the seriousness of any occurrence.
(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) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search, including explosive device recognition.
(J) Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration.
(3)
(4)
(5)
(6)
(7)
(b)
(1)
(2)
(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)
(4)
(5)
(6)
(7)
(c)
(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.)
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.
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.
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.
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."
(a)
(b)
(c)
(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)
(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)
(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)
(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)
(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)
(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)
(1)
(2)
(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)
(j)
(k)
(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.)
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.
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.
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."
Pub. L. 115–254, div. K, title I, §1938, Oct. 5, 2018, 132 Stat. 3579, provided that:
"(a)
"(b)
"(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)
"(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)
"(e)
"(1)
"(2)
"(3)
"(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)
"(5)
"(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)
"(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)
"(1)
"(2)
"(3)
"(g)
"(1)
"(2)
"(h)
"(i)
"(1)
"(2)
"(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."
(a)
(b)
(1)
(2)
(3)
(A)
(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)
(c)
(d)
(1)
(2)
(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)
(e)
(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)
(g)
(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)
(1)
(2)
(i) 2
(i) 2
(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.)
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.
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).
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."
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.
(a)
(b)
(1)
(2)
(3)
(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)
(5)
(6)
(7)
(c)
(1)
(2)
(A)
(B)
(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)
(i)
(ii)
(I)
(II)
(iii)
(I)
(II)
(iv)
(D)
(d)
(1)
(2)
(A)
(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)
(3)
(4)
(5)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(4)
(g)
(h)
(1)
(2)
(3)
(i)
(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)
(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)
(l)
(1)
(2)
(3)
(4)
(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.)
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.
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).
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.
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.
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."
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."
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.
(a)
(b)
(c)
(d)
(1)
(2)
(e)
(f)
(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.)
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".
(a)
(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)
(c)
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(e)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(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.)
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".
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.
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.
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,".
(a)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(g)
(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.)
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.
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.
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."
(a)
(b)
(1)
(2)
(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)
(d)
(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.)
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).
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".
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.
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.
(a)
(b)
(1)
(2)
(3)
(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)
(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)
(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.)
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.
2018—Subsec. (b)(3). Pub. L. 115–254 substituted "a misidentified passenger" for "an misidentified passenger" in introductory provisions.
(a)
(b)
(c)
(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)
(e)
(f)
(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.)
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.
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.)
(a)
(b)
(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)
(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.)
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.)
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.
(a)
(b)
(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
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.
(a)
(b)
(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)
(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.)
| 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.
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.
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".
(a)
(b)
(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)
(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.)
| 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.
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".
(a)
(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)
(c)
(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)
(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)
(1)
(2)
(A)
(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)
(C)
(3)
(f)
(1)
(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)
(3)
(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)
(5)
(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)
(g)
(1)
(2)
(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)
(h)
(1)
(2)
(3)
(4)
(i)
(j)
(k)
(l) 1
(1)
(2)
(A)
(i) methods to identify the verification of false or fraudulent travel documents; and
(ii) training on emerging threats.
(B)
(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
(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.)
| 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.
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.
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)
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).
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.
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.
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."
Pub. L. 108–458, title IV, §4015, Dec. 17, 2004, 118 Stat. 3720, provided that:
"(a)
"(b)
[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.]
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)
"(2)
"(A)
"(B)
[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]."]
Pub. L. 104–264, title III, §302, Oct. 9, 1996, 110 Stat. 3250, provided that: "The Administrator of the Federal Aviation Administration is directed 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."
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.
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.
(a)
(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)
(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)
(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)
(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)
(e)
(f)
(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.)
| 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.
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).
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).
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.
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.
Pub. L. 106–528, §2(a), (b), Nov. 22, 2000, 114 Stat. 2517, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
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.)
| 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.
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).
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)".
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.
(a)
(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)
(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.)
| 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.
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".
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.
(a)
(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)
(c)
(d)
(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)
(f)
(g)
(1)
(2)
(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)
(i)
(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.)
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.
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]."
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]."
Pub. L. 108–176, title VI, §612(b), Dec. 12, 2003, 117 Stat. 2574, provided that:
"(1)
"(2)
"(3)
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.
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."
(a)
(1)
(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)
(A)
(B)
(b)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(f)
(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)
(h)
(i)
(1)
(2)
(3)
(4)
(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) $1,560,000,000 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. 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.
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".
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]."
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."
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.
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.
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."
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]."
(a)
(b)
(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.)
2018—Subsec. (a). Pub. L. 115–254 inserted "the Department of Homeland Security," after "Department of Transportation,".
(a)
(1)
(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)
(b)
(1)
(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)
(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.)
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.
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".
(a)
(b)
(1)
(2)
(c)
(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.)
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.
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".
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(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.)
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".
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.]
(a)
(b)
(1)
(2)
(3)
(4)
(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.)
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).
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."
(a)
(b)
(1)
(2)
(A)
(B)
(3)
(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)
(5)
(6)
(7)
(c)
(1)
(A)
(B)
(C)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(C)
(5)
(6)
(d)
(1)
(A)
(B)
(C)
(D)
(2)
(3)
(4)
(e)
(f)
(g)
(1)
(2)
(3)
(A)
(B)
(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.)
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."
(a)
(b)
(c)
(Added Pub. L. 115–254, div. K, title I, §1943(a), Oct. 5, 2018, 132 Stat. 3584.)
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.
(a)
(b)
(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.)
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]."
2001—Pub. L. 107–71, title I, §139(5), Nov. 19, 2001, 115 Stat. 641, added item 45107.
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.)
| 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. |
(a)
(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)
(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)
(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.)
| 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.
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."
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.
(a)
(b)
(c)
(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.)
| 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.
2001—Pub. L. 107–71 substituted "screening employee" for "screening contract employee" wherever appearing.
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.)
| 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.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1223; Pub. L. 103–429, §6(58), Oct. 31, 1994, 108 Stat. 4385.)
| 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.
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).
1994—Subsec. (a). Pub. L. 103–429 substituted "section 45102(a)(1)" for "section 45102(a)(1)(A)" in second sentence.
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.
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."
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."
(a)
(b)
(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)
(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.)
| 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.
2001—Subsec. (c). Pub. L. 107–71 substituted "screening employees" for "screening contract employees".
(a)
(b)
(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.)
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."
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".
(a)
(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)
(1)
(2)
(3)
(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)
(5)
(c)
(d)
(e)
(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.)
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.
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).
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.
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.
Pub. L. 108–176, title II, §229, Dec. 12, 2003, 117 Stat. 2532, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(c)
(a)
(b)
(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)
(d)
(e)
(1)
(2)
(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.)
| 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.
This amends 49:45302 because the final regulations are not yet effective.
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).
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.
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.]
(a)
(b)
(c)
(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)
(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)
(f)
(g)
(1)
(A)
(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)
(i)
(ii)
(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)
(C)
(D)
(2)
(A)
(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)
(C)
(3)
(A)
(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)
(4)
(A)
(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)
(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.)
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.
A prior section 45303 was renumbered section 45304 of this title.
2018—Subsec. (g). Pub. L. 115–254 added subsec. (g).
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.
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.)
| 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.
(a)
(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)
(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)
(d)
(1)
(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)
(3)
(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.)
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.
(a)
(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)
(c)
(Added Pub. L. 115–254, div. B, title V, §546(d), Oct. 5, 2018, 132 Stat. 3376.)
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.
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.
(a)
(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)
(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.)
| 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.
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.
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."
(a)
(b)
(c)
(d)
(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.)
| 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.
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,".
(a)
(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)
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the designated agent of the person.
(2) The date of service made by certified or registered mail is the date of mailing.
(c)
(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.)
| 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.
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".
(a)
(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)
(c)
(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)
(e)
(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.)
| 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.
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.
(a)
(b)
(c)
(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.)
| 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.
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".
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.)
| 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.).
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".
(a)
(b)
(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)
(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.)
| 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.
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.
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.)
| 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.
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.)
| 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.
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".
(a)
(b)
(c)
(d)
(e)
(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.)
| 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.
Subsection (s) of section 114, referred to in subsec. (a), was redesignated subsec. (r) by Pub. L. 110–161, div. E, title V, §568(a), Dec. 26, 2007, 121 Stat. 2092.
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.
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.
1 See References in Text note below.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A)
(B)
(3)
(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.)
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.
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.)".
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.
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.
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.
(a)
(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(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)
(4)
(5)
(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)
(7)
(A)
(B)
(b)
(2) An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.
(c)
(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)
(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), 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) $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;
(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) $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.
(9) This subsection applies only to a violation occurring after August 25, 1992.
(e)
(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)
(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)
(h)
(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)
(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.)
| 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).
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.
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.
This makes a conforming amendment to 49:46301(a)(3).
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.
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 Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (d)(4)(A), (8), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
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)".
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.
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.
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.
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.
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.
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.
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."
Pub. L. 114–190, title II, §2104, July 15, 2016, 130 Stat. 620, provided that:
"(a)
"(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)
1 So in original. Words following initial word in par. heading probably should not be capitalized.
(a)
(b)
(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.)
| 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.
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".
(a)
(b)
(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)
(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.)
| 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.
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".
(a)
(b)
(c)
(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.)
| 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.
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)".
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.
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.)
| 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.
(a)
(b)
(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)
(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)
(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)
(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.)
| 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.
This makes a clarifying amendment to 49:46306(c)(2)(B).
1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted "that is" before "provided".
"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.
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.
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.
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.)
| 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.
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.)
| 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.
(a)
(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)
(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.)
| 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".
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385.)
| 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.
This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
1994—Subsec. (b). Pub. L. 103–429 inserted "any of sections" before "44702–44716".
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.
(a)
(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)
(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)
(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.)
| 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.
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".
(a)
(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)
(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.)
| 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.
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).
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.
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.)
| 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.
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".
(a)
(b)
(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)
(1)
(2)
(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.)
| 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.
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).
(a)
(b)
(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.)
| 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.
(a)
(b)
(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.)
| 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.
This amends 49:46316(b) to make it easier to include future sections in the cross-reference by restating it in terms of chapters.
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".
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.
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.
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.
(a)
(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)
(1)
(2)
(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)
(Added Pub. L. 106–181, title V, §509(a), Apr. 5, 2000, 114 Stat. 141.)
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.
(a)
(b)
(1)
(2)
(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.)
2018—Subsec. (a). Pub. L. 115–254 inserted "or sexually" after "physically" in two places and substituted "$35,000" for "$25,000".
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.
(a)
(b)
(c)
(Added Pub. L. 108–176, title I, §185(a), Dec. 12, 2003, 117 Stat. 2517.)
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.
(a)
(b)
(c)
(1)
(2)
(d)
(1)
(2)
(Added Pub. L. 114–190, title II, §2205(a), July 15, 2016, 130 Stat. 630.)
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.
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.)
| 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.
(a)
(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)
(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.)
| 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.
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).
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".
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.
Pub. L. 109–177, title II, §211, Mar. 9, 2006, 120 Stat. 230, provided that:
"(a)
" '(c) [Omitted, see below.]'.
"(b)
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)
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.
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.
(Added Pub. L. 107–71, title I, §114(a), Nov. 19, 2001, 115 Stat. 623.)
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.
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.)
| 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.
2001—Pub. L. 107–56 inserted "or attempts or conspires to do such an act," before "shall be fined under title 18,".
(a)
(b)
(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)
(d)
(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)
(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.)
| 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.
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".
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.)
| 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.
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).
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.)
| 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.
2018—Pub. L. 115–254, div. B, title I, §§140(b), 160(b), 166(c), title III, §395(b), Oct. 5, 2018, 132 Stat. 3211, 3221, 3226, 3327, added items 47124a, 47136, 47140, and 47143, substituted "Airport investment partnership program" for "Pilot program on private ownership of airports" in item 47134, and struck out former item 47136 "Inherently low-emission airport vehicle pilot program", item 47136a "Zero-emission airport vehicles and infrastructure", former item 47140 "Airport ground support equipment emissions retrofit pilot program", and item 47140a "Increasing the energy efficiency of airport power sources".
2017—Pub. L. 115–31, div. K, title I, §119F(b), May 5, 2017, 131 Stat. 735, which directed amendment of the analysis for this chapter by adding item 47144 after item 47143, was executed by adding item 47144 after item 47142 to reflect the probable intent of Congress, because no item for section 47143 has been enacted.
2012—Pub. L. 112–95, title I, §148(b), title V, §§511(c), 512(b), Feb. 14, 2012, 126 Stat. 32, 108, 109, substituted "Resolution of disputes concerning airport fees" for "Resolution of airport-air carrier disputes concerning airport fees" in item 47129 and added items 47136a and 47140a.
2003—Pub. L. 108–176, title I, §§152(b), 158(b), 159(a)(2), 160(b), 181(b), title III, §304(b), Dec. 12, 2003, 117 Stat. 2507, 2509, 2510, 2513, 2515, 2538, added items 47138 to 47142, subchapter III heading, and items 47171 to 47175.
2000—Pub. L. 106–181, title I, §§123(a)(2), 132(b), 133(b), 134(b), 135(d)(4), Apr. 5, 2000, 114 Stat. 74, 81–83, 85, struck out item 47132 "Pavement maintenance", added items 47135 to 47137, and substituted "conveyances" for "gifts" in item 47152.
1996—Pub. L. 104–264, title I, §§142(c), 147(c)(2), 149(a)(2), title VIII, §804(c), Oct. 9, 1996, 110 Stat. 3221, 3223, 3226, 3271, substituted "grant program" for "grant pilot program" in item 47128 and added items 47132, 47133, and 47134.
1994—Pub. L. 103–305, title I, §§113(b), 118(b), Aug. 23, 1994, 108 Stat. 1579, 1580, added items 47129 and 47130 and redesignated former item 47129 as 47131.
(a)
(1) that the safe operation of the airport and airway system is the highest aviation priority;
(2) that aviation facilities be constructed and operated to minimize current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be made to make the development and enhancement of cargo hub airports easier;
(5) to encourage the development of intermodal connections on airport property between aeronautical and other transportation modes and systems to serve air transportation passengers and cargo efficiently and effectively and promote economic development;
(6) that airport development projects under this subchapter provide for the protection and enhancement of natural resources and the quality of the environment of the United States;
(7) that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger and cargo traffic be undertaken to the maximum feasible extent so that safety and efficiency increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace be accommodated but not allowed to decrease the safety and capacity of the airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have been tried; and
(C) should not discriminate unjustly between categories and classes of aircraft;
(10) that special emphasis should be placed on converting appropriate former military air bases to civil use and identifying and improving additional joint-use facilities;
(11) that the airport improvement program should be administered to encourage projects that employ innovative technology (including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices), concepts, and approaches that will promote safety, capacity, and efficiency improvements in the construction of airports and in the air transportation system (including the development and use of innovative concrete and other materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize lifecycle durability) and to encourage and solicit innovative technology proposals and activities in the expenditure of funding pursuant to this subchapter;
(12) that airport fees, rates, and charges must be reasonable and may only be used for purposes not prohibited by this subchapter; and
(13) that airports should be as self-sustaining as possible under the circumstances existing at each particular airport and in establishing new fees, rates, and charges, and generating revenues from all sources, airport owners and operators should not seek to create revenue surpluses that exceed the amounts to be used for airport system purposes and for other purposes for which airport revenues may be spent under section 47107(b)(1) of this title, including reasonable reserves and other funds to facilitate financing and cover contingencies.
(b)
(2) United States leadership in the world economy, the expanding wealth of the United States, the competitiveness of the industry of the United States, the standard of living, and the quality of life are at stake.
(3) A national intermodal transportation system is a coordinated, flexible network of diverse but complementary forms of transportation that transports passengers and property in the most efficient manner. By reducing transportation costs, these intermodal systems will enhance the ability of the industry of the United States to compete in the global marketplace.
(4) All forms of transportation, including aviation and other transportation systems of the future, will be full partners in the effort to reduce energy consumption and air pollution while promoting economic development.
(5) An intermodal transportation system consists of transportation hubs that connect different forms of appropriate transportation and provides users with the most efficient means of transportation and with access to commercial centers, business locations, population centers, and the vast rural areas of the United States, as well as providing links to other forms of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the process of developing an integrated system that will obtain the optimum yield of United States resources.
(7) The United States transportation infrastructure must be reshaped to provide the economic underpinnings for the United States to compete in the 21st century global economy. The United States can no longer rely on the sheer size of its economy to dominate international economic rivals and must recognize fully that its economy is no longer a separate entity but is part of the global marketplace. The future economic prosperity of the United States depends on its ability to compete in an international marketplace that is teeming with competitors but in which a full one-quarter of the economic activity of the United States takes place.
(8) The United States must make a national commitment to rebuild its infrastructure through development of a national intermodal transportation system. The United States must provide the foundation for its industries to improve productivity and their ability to compete in the global economy with a system that will transport passengers and property in an efficient manner.
(c)
(d)
(e)
(1) reliever airports; and
(2) heliports designated by the Secretary of Transportation to relieve congestion at commercial service airports by diverting aircraft passengers from fixed-wing aircraft to helicopter carriers.
(f)
(1) electronic or visual vertical guidance on each runway;
(2) grooving or friction treatment of each primary and secondary runway;
(3) distance-to-go signs for each primary and secondary runway;
(4) a precision approach system, a vertical visual guidance system, and a full approach light system for each primary runway;
(5) a nonprecision instrument approach for each secondary runway;
(6) runway end identifier lights on each runway that does not have an approach light system;
(7) a surface movement radar system at each category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking;
(10) radar approach coverage for each airport terminal area; and
(11) runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways and taxiways.
(g)
(1)
(2)
(A) foster effective coordination between aviation planning and metropolitan planning;
(B) include an evaluation of aviation needs within the context of multimodal planning;
(C) consider passenger convenience, airport ground access, and access to airport facilities; and
(D) are integrated with metropolitan plans to ensure that airport development proposals include adequate consideration of land use and ground transportation access.
(3)
(h)
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103–305, title I, §§104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub. L. 103–429, §6(62), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §141, Oct. 9, 1996, 110 Stat. 3220; Pub. L. 106–181, title I, §§121(a), (b), 137(a), Apr. 5, 2000, 114 Stat. 74, 85; Pub. L. 112–95, title I, §131, Feb. 14, 2012, 126 Stat. 21.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47101(a)(1) | 49 App.:2201(a)(1), (2). | Sept. 3, 1982, Pub. L. 97–248, §§502(a)(1)–(3), (6), (b), 509(b)(5) (1st sentence, last sentence words before 11th comma), 96 Stat. 671, 672, 684. |
| 49 App.:2201(a)(9). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(9), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), (c)(1), 101 Stat. 1487. | |
| 49 App.:2201(a)(10). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(10), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), (c)(2), 101 Stat. 1487. | |
| 47101(a)(2) | 49 App.:2201(a)(8). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(8), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), 101 Stat. 1487. |
| 47101(a)(3) | 49 App.:2201(a)(6). | |
| 47101(a)(4) | 49 App.:2201(a)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(7); added Dec. 30, 1987, Pub. L. 100–223, §102(b)(2), 101 Stat. 1487. |
| 47101(a)(5) | 49 App.:2201(b) (1st sentence). | |
| 47101(a)(6) | 49 App.:2208(b)(5) (1st sentence). | |
| 47101(a)(7) | 49 App.:2201(a)(11). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(11); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488. |
| 47101(a)(8) | 49 App.:2201(a)(12). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(12); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §9109(a)(1), 104 Stat. 1388–356. |
| 47101(a)(9) | 49 App.:2201(a)(13). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(13); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §§9103(2), 9109(a)(2), 104 Stat. 1388–354, 1388–356. |
| 47101(a)(10) | 49 App.:2201(a)(14). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(14); added Nov. 5, 1990, Pub. L. 101–508, §9109(a)(3), 104 Stat. 1388–356. |
| 47101(b) | 49 App.:2201(c). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(c), (d); added Oct. 31, 1992, Pub. L. 102–581, §101, 106 Stat. 4875. |
| 47101(c) | 49 App.:2201(d). | |
| 47101(d) | 49 App.:2201(a)(5). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(5), 96 Stat. 671; Nov. 5, 1990, Pub. L. 101–508, §9103(1), 104 Stat. 1388–354. |
| 47101(e) | 49 App.:2201(a)(3). | |
| 49 App.:2202(a)(20). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(20), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. | |
| 47101(f) | 49 App.:2201(a)(4). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(4), 96 Stat. 671; Dec. 30, 1987, Pub. L. 100–223, §102(a), 101 Stat. 1487. |
| 47101(g) | 49 App.:2201(b) (2d, last sentences). | |
| 47101(h) | 49 App.:2208(b)(5) (last sentence words before 11th comma). |
In subsection (a), before clause (1), the text of 49 App.:2201(a)(2), (9), and (10) is omitted as executed. The words "It is the policy of the United States" are substituted for "The Congress hereby . . . declares" in 49 App.:2201(a) (words before cl. (1)), "it is in the national interest" in 49 App.:2201(a)(12), "are not in the public interest and" in 49 App.:2201(a)(13), "It is declared to be in the national interest to" in 49 App.:2201(b), and "It is declared to be national policy that" in 49 App.:2208(b)(5) for consistency in the revised title and with other titles of the United States Code. In clause (1), the word "is" is substituted for "will continue to be" to eliminate unnecessary words. In clause (2), the words "with due regard" are omitted as surplus. In clause (3), the words "reliever airports make an important contribution to the efficient operation of the airport and airway system" are omitted as executed. In clause (4), the words "cargo hub airports play a critical role in the movement of commerce through the airport and airway system" are omitted as executed. In clause (5), the words "and promote" are omitted as surplus.
In subsection (d), the word "to" is substituted for "with due regard for the goals expressed therein of" to eliminate unnecessary words.
In subsection (e), before clause (1), the words "The facilities provided may include" are substituted for "including" because of the restatement. Clause (2) is substituted for "reliever heliports" to incorporate the definition of that term from 49 App.:2202(a)(19) into this subsection.
In subsection (f), before clause (1), the words "the goal of" are omitted as surplus.
In subsection (g), the words "formulated" and "due" are omitted as surplus. The words "process of developing airport plans and programs" are substituted for "process" for clarity.
This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 671) to the corresponding cross-reference of title 49, United States Code.
2012—Subsec. (g)(2)(C), (D). Pub. L. 112–95 added subpar. (C) and redesignated former subpar. (C) as (D).
2000—Subsec. (a)(5). Pub. L. 106–181, §137(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "to encourage the development of transportation systems that use various modes of transportation in a way that will serve the States and local communities efficiently and effectively;".
Subsec. (a)(11). Pub. L. 106–181, §121(a), inserted "(including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices)" after "employ innovative technology".
Subsec. (f)(11). Pub. L. 106–181, §121(b), added par. (11).
1996—Subsec. (g). Pub. L. 104–264 substituted "
1994—Subsec. (a)(11). Pub. L. 103–305, §104, added par. (11).
Subsec. (a)(12). Pub. L. 103–429 substituted "subchapter" for "Act".
Pub. L. 103–305, §110, added par. (12).
Subsec. (a)(13). Pub. L. 103–305, §110, added par. (13).
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.
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.
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.
Pub. L. 115–254, div. B, title I, §163(a)–(c), Oct. 5, 2018, 132 Stat. 3224, provided that:
"(a)
"(1) the acquisition, use, lease, encumbrance, transfer, or disposal of land by an airport owner or operator;
"(2) any facility upon such land; or
"(3) any portion of such land or facility.
"(b)
"(1) any regulation ensuring—
"(A) the safe and efficient operation of aircraft or safety of people and property on the ground related to aircraft operations;
"(B) that an airport owner or operator receives not less than fair market value in the context of a commercial transaction for the use, lease, encumbrance, transfer, or disposal of land, any facilities on such land, or any portion of such land or facilities; or
"(C) that the airport pays not more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land;
"(2) any regulation imposed with respect to land or a facility acquired or modified using Federal funding; or
"(3) any authority contained in—
"(A) a Surplus Property Act [of 1944, act Oct. 3, 1944, ch. 479, 58 Stat. 765] instrument of transfer, or
"(B) section 40117 of title 49, United States Code.
"(c)
Pub. L. 114–307, §1, Dec. 16, 2016, 130 Stat. 1523, provided that: "The Administrator of the Federal Aviation Administration may enter into a reimbursable agreement with a State or local government agency to carry out a project at an airport as to which notice is required under section 77.9 of title 14, Code of Federal Regulations, if the agreement—
"(1) includes measures for cost-effective completion of such project; and
"(2) would not negatively affect the safety or efficiency of the national airspace system."
Pub. L. 112–95, title III, §314, Feb. 14, 2012, 126 Stat. 67, provided that:
"(a)
"(1)
"(2)
"(A) shall include, at a minimum—
"(i) goals to improve runway safety;
"(ii) near- and long-term actions designed to reduce the severity, number, and rate of runway incursions, losses of standard separation, and operational errors;
"(iii) time frames and resources needed for the actions described in clause (ii);
"(iv) a continuous evaluative process to track performance toward the goals referred to in clause (i); and
"(v) a review with respect to runway safety of every commercial service airport (as defined in section 47102 of title 49, United States Code) in the United States and proposed action to improve airport lighting, provide better signs, and improve runway and taxiway markings at those airports; and
"(B) shall address the increased runway safety risk associated with the expected increased volume of air traffic.
"(b)
"(1) identifying who is responsible for tracking operational errors, losses of standard separation, and runway incursions, including a process for lower level employees to report to higher supervisory levels and for frontline managers to receive the information in a timely manner;
"(2) conducting periodic random audits of the oversight process; and
"(3) ensuring proper accountability.
"(c)
Pub. L. 106–181, title I, §155(d), Apr. 5, 2000, 114 Stat. 89, provided that: "The Secretary [of Transportation] shall ensure that gates and other facilities are made available at costs that are fair and reasonable to air carriers at covered airports (as defined in section 47106(f)(4) [47106(f)(3)] of title 49, United States Code) where a 'majority-in-interest clause' of a contract or other agreement or arrangement inhibits the ability of the local airport authority to provide or build new gates or other facilities."
Pub. L. 106–181, title I, §158, Apr. 5, 2000, 114 Stat. 90, provided that: "Notwithstanding any provision of law that specifically restricts the number of runways at a single international airport, the Secretary [of Transportation] may obligate funds made available under chapters 471 and 481 of title 49, United States Code, for any project to construct a new runway at such airport, unless this section is expressly repealed."
Pub. L. 104–264, title I, §148, Oct. 9, 1996, 110 Stat. 3223, authorized the Secretary of Transportation until Sept. 30, 1998, to carry out a demonstration program to provide information on the use of innovative financing techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
Pub. L. 104–264, title XII, §1203, Oct. 9, 1996, 110 Stat. 3280, provided that: "Notwithstanding any other provision of a law, rule, or grant assurance, an airport that is not a commercial service airport may be closed by its sponsor without any obligation to repay grants made under chapter 471 of title 49, United States Code, the Airport and Airway Improvement Act of 1982 [see References in Text note set out under section 47108 of this title], or any other law if the airport is located within 2 miles of a United States Army depot which has been closed or realigned; except that in the case of disposal of the land associated with the airport, the part of the proceeds from the disposal that is proportional to the Government's share of the cost of acquiring the land shall be paid to the Secretary of Transportation for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)."
Pub. L. 103–305, title V, §520, Aug. 23, 1994, 108 Stat. 1601, required the Secretary to conduct a study on innovative approaches for using Federal funds to finance airport development as a means of supplementing financing available under the Airport Improvement Program and set out matters for the Secretary to consider and persons to consult, and provided that the Secretary would transmit to Congress a report on the results of the study not later than 12 months after Aug. 23, 1994.
In this subchapter—
(1) "air carrier airport" means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transportation under section 41102 of this title (except a charter air carrier); or
(B) at least one air carrier—
(i) operating under an exemption from section 41101(a)(1) of this title that the Secretary grants; and
(ii) having at least 2,500 passenger boardings at the airport during the prior calendar year.
(2) "airport"—
(A) means—
(i) an area of land or water used or intended to be used for the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those areas; and
(B) includes a heliport.
(3) "airport development" means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport, including—
(i) removing, lowering, relocating, marking, and lighting an airport hazard; and
(ii) preparing a plan or specification, including carrying out a field investigation.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation;
(ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including closed circuit weather surveillance equipment if the airport is located in Alaska;
(iv) firefighting and rescue equipment at an airport that serves scheduled passenger operations of air carrier aircraft designed for more than 9 passenger seats;
(v) aircraft deicing equipment and structures (except aircraft deicing fluids and storage facilities for the equipment and fluids);
(vi) interactive training systems;
(vii) windshear detection equipment that is certified by the Administrator of the Federal Aviation Administration;
(viii) stainless steel adjustable lighting extensions approved by the Administrator;
(ix) engineered materials arresting systems as described in the Advisory Circular No. 150/5220–22 published by the Federal Aviation Administration on August 21, 1998, including any revision to the circular; and
(x) replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines are necessary to install bulk explosive detection devices; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114.
(C) acquiring an interest in land or airspace, including land for future airport development, that is needed—
(i) to carry out airport development described in subclause (A) or (B) of this clause; or
(ii) to remove or mitigate an existing airport hazard or prevent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a burn area training structure on or off the airport to provide live fire drill training for aircraft rescue and firefighting personnel required to receive the training under regulations the Secretary prescribes, including basic equipment and minimum structures to support the training under standards the Administrator of the Federal Aviation Administration prescribes.
(E) relocating after December 31, 1991, an air traffic control tower and any navigational aid (including radar) if the relocation is necessary to carry out a project approved by the Secretary under this subchapter or under section 40117.
(F) constructing, reconstructing, repairing, or improving an airport, or purchasing capital equipment for an airport, if necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), except constructing or purchasing capital equipment that would benefit primarily a revenue-producing area of the airport used by a nonaeronautical business.
(G) acquiring land for, or work necessary to construct, a pad suitable for deicing aircraft before takeoff at a commercial service airport, including constructing or reconstructing paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, paved access for deicing vehicles and aircraft, and including acquiring glycol recovery vehicles, but not including acquiring aircraft deicing fluids or constructing or reconstructing storage facilities for aircraft deicing equipment or fluids.
(H) routine work to preserve and extend the useful life of runways, taxiways, and aprons at nonhub airports and airports that are not primary airports, under guidelines issued by the Administrator of the Federal Aviation Administration.
(I) constructing, reconstructing, or improving an airport, or purchasing nonrevenue generating capital equipment to be owned by an airport, for the purpose of transferring passengers, cargo, or baggage between the aeronautical and ground transportation modes on airport property.
(J) constructing an air traffic control tower or acquiring and installing air traffic control, communications, and related equipment at an air traffic control tower under the terms specified in section 47124(b)(4).
(K) work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, and other related air quality improvements at a commercial service airport if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)) and if the airport would be able to receive emission credits, as described in section 47139.
(L) a project by a commercial service airport for the acquisition of airport-owned vehicles or ground support equipment equipped with low-emission technology if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the airport would be able to receive appropriate emission credits (as described in section 47139), and the vehicles are;
(i) used exclusively on airport property; or
(ii) used exclusively to transport passengers and employees between the airport and the airport's consolidated rental car facility or an intermodal surface transportation facility adjacent to the airport.
(M) construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code of Federal Regulations.
(N) terminal development under section 47119(a).
(O) acquiring and installing facilities and equipment to provide air conditioning, heating, or electric power from terminal-based, nonexclusive use facilities to aircraft parked at a public use airport for the purpose of reducing energy use or harmful emissions as compared to the provision of such air conditioning, heating, or electric power from aircraft-based systems.
(P) an on-airport project to improve the reliability and efficiency of the airport's power supply and to prevent power disruptions to the airfield, passenger terminal, and any other airport facilities, including the acquisition and installation of electrical generators, separation of the airport's main power supply from its redundant power supply, and the construction or modification of airport facilities to install a microgrid (as defined in section 641 of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231)).
(Q) converting or retrofitting vehicles and ground support equipment into eligible zero-emission vehicles and equipment (as defined in section 47136) and for acquiring, by purchase or lease, eligible zero-emission vehicles and equipment.
(R) predevelopment planning, including financial, legal, or procurement consulting services, related to an application or proposed application for an exemption under section 47134.
(4) "airport hazard" means a structure or object of natural growth located on or near a public-use airport, or a use of land near the airport, that obstructs or otherwise is hazardous to the landing or taking off of aircraft at or from the airport.
(5) "airport planning" means planning as defined by requirements the Secretary prescribes and includes—
(A) integrated airport system planning;
(B) developing an environmental management system; and
(C) developing a plan for recycling and minimizing the generation of airport solid waste, consistent with applicable State and local recycling laws, including the cost of a waste audit.
(6) "amount made available under section 48103" or "amount newly made available" means the amount authorized for grants under section 48103 as that amount may be limited in that year by a subsequent law, but as determined without regard to grant obligation recoveries made in that year or amounts covered by section 47107(f).
(7) "commercial service airport" means a public airport in a State that the Secretary determines has at least 2,500 passenger boardings each year and is receiving scheduled passenger aircraft service.
(8) "general aviation airport" means a public-use airport that is located in a State and that, as determined by the Secretary—
(A) does not have scheduled service; or
(B) has scheduled service with less than 2,500 passenger boardings each year.
(9) "integrated airport system planning" means developing for planning purposes information and guidance to decide the extent, kind, location, and timing of airport development needed in a specific area to establish a viable, balanced, and integrated system of public-use airports, including—
(A) identifying system needs;
(B) developing an estimate of systemwide development costs;
(C) conducting studies, surveys, and other planning actions, including those related to airport access, needed to decide which aeronautical needs should be met by a system of airports; and
(D) standards prescribed by a State, except standards for safety of approaches, for airport development at nonprimary public-use airports.
(10) "landed weight" means the weight of aircraft transporting only cargo in intrastate, interstate, and foreign air transportation, as the Secretary determines under regulations the Secretary prescribes.
(11) "large hub airport" means a commercial service airport that has at least 1.0 percent of the passenger boardings.
(12) "low-emission technology" means technology for vehicles and equipment whose emission performance is the best achievable under emission standards established by the Environmental Protection Agency and that relies exclusively on alternative fuels that are substantially nonpetroleum based, as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles.
(13) "medium hub airport" means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.
(14) "nonhub airport" means a commercial service airport that has less than 0.05 percent of the passenger boardings.
(15) "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.
(16) "primary airport" means a commercial service airport the Secretary determines to have more than 10,000 passenger boardings each year.
(17) "project" means a project, separate projects included in one project grant application, or all projects to be undertaken at an airport in a fiscal year, to achieve airport development or airport planning.
(18) "project cost" means a cost involved in carrying out a project.
(19) "project grant" means a grant of money the Secretary makes to a sponsor to carry out at least one project.
(20) "public agency" means—
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(21) "public airport" means an airport used or intended to be used for public purposes—
(A) that is under the control of a public agency; and
(B) of which the area used or intended to be used for the landing, taking off, or surface maneuvering of aircraft is publicly owned.
(22) "public-use airport" means—
(A) a public airport; or
(B) a privately-owned airport used or intended to be used for public purposes that is—
(i) a reliever airport; or
(ii) determined by the Secretary to have at least 2,500 passenger boardings each year and to receive scheduled passenger aircraft service.
(23) "reliever airport" means an airport the Secretary designates to relieve congestion at a commercial service airport and to provide more general aviation access to the overall community.
(24) "revenue producing aeronautical support facilities" means fuel farms, hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.
(25) "small hub airport" means a commercial service airport that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.
(26) "sponsor" means—
(A) a public agency that submits to the Secretary under this subchapter an application for financial assistance; and
(B) a private owner of a public-use airport that submits to the Secretary under this subchapter an application for financial assistance for the airport.
(27) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and Guam.
(28) "terminal development" means—
(A) development of—
(i) an airport passenger terminal building, including terminal gates;
(ii) access roads servicing exclusively airport traffic that leads directly to or from an airport passenger terminal building; and
(iii) walkways that lead directly to or from an airport passenger terminal building; and
(B) the cost of a vehicle described in section 47119(a)(1)(B).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1248; Pub. L. 103–305, title I, §105, Aug. 23, 1994, 108 Stat. 1572; Pub. L. 104–264, title I, §142(b)(1), Oct. 9, 1996, 110 Stat. 3221; Pub. L. 106–181, title I, §§121(c), 122, 123(b), 137(b), title V, §514(a), Apr. 5, 2000, 114 Stat. 74, 75, 85, 144; Pub. L. 107–71, title I, §119(a)(1), (5), Nov. 19, 2001, 115 Stat. 628, 629; Pub. L. 108–7, div. I, title III, §370(a), Feb. 20, 2003, 117 Stat. 424; Pub. L. 108–176, title I, §§141, 142, 159(b)(1), (d), title VIII, §801(a), Dec. 12, 2003, 117 Stat. 2503, 2510, 2511, 2586; Pub. L. 112–95, title I, §132, Feb. 14, 2012, 126 Stat. 21; Pub. L. 115–254, div. B, title I, §165, Oct. 5, 2018, 132 Stat. 3225.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47102(1) | (no source). | |
| 47102(2) | 49 App.:2202(a)(1). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(1), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §103(a), 101 Stat. 1488. |
| 49 App.:2202(a)(21). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(13)–(19), (21)–(23), 96 Stat. 673, 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. | |
| 47102(3) | 49 App.:2202(a)(2). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(2), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §103(b), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §9102, 104 Stat. 1388–354; Oct. 31, 1992, Pub. L. 102–581, §112(a), (b), 106 Stat. 4880. |
| 47102(4) | 49 App.:2202(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(3)–(5), (7), (8), (b), 96 Stat. 673, 674. |
| 47102(5) | 49 App.:2202(a)(4). | |
| 47102(6) | 49 App.:2202(b). | |
| 47102(7) | 49 App.:2202(a)(5). | |
| 47102(8) | 49 App.:2202(a)(7). | |
| 47102(9) | 49 App.:2202(a)(9). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §503(a)(9); added Dec. 30, 1987, Pub. L. 100–223, §103(c)(2), 101 Stat. 1488. |
| 47102(10) | 49 App.:2202(a)(10). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(10), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), (d), 101 Stat. 1488; Oct. 31, 1992, Pub. L. 102–581, §115, 106 Stat. 4881. |
| 47102(11) | 49 App.:2202(a)(12). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(12), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), (e), 101 Stat. 1488. |
| 47102(12) | 49 App.:2202(a)(13). | |
| 47102(13) | 49 App.:2202(a)(14). | |
| 47102(14) | 49 App.:2202(a)(15). | |
| 47102(15) | 49 App.:2202(a)(16). | |
| 47102(16) | 49 App.:2202(a)(8), (17). | |
| 47102(17) | 49 App.:2202(a)(18). | |
| 47102(18) | 49 App.:2202(a)(19). | |
| 47102(19) | 49 App.:2202(a)(22). | |
| 47102(20) | 49 App.:2202(a)(23). |
In this section, before clause (1), the words "In this subchapter" are substituted for "As used in this chapter" and "Whenever in this chapter reference is made to . . . such reference shall mean" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
Clause (1) restates the definition of "air carrier airport" that was contained in section 11(1) of the Airport and Airway Development Act of 1970 as in effect both on February 18, 1980, and immediately before September 3, 1982. The clause is added to this section to eliminate the cross-references to definitions in section 11 of the Airport and Airway Development Act of 1970 that are contained in the source provisions restated in sections 47106(d) and 47119(a) of the revised title. Because some of the terms used in the definition of "air carrier airport" were themselves defined in section 11, the definitions of those terms are incorporated in the definition added in clause (1) to the extent they differ from the definitions of those terms restated in this section. The words "Secretary of Transportation" and "Secretary" are substituted for "Civil Aeronautics Board" because of the transfer of authority under 49 App.:1551(b)(1)(E).
In clause (2), before subclause (A), the text of 49 App.:2202(a)(21) 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 subclause (A)(iii), the words "those areas" are substituted for "thereon" for clarity.
In clause (3)(A), before subclause (i), the words "any work involved in" and "or portion thereof" are eliminated as unnecessary. The word "reconstructing" is omitted as being included in "constructing". In subclause (ii), the words "carrying out a field investigation" are substituted for "field investigations incidental thereto" for clarity.
In clause (3)(B), before subclause (i), the word "for" is substituted for "by" for clarity. In subclause (i), the words "required by the acquisition or installation" are substituted for "thereby required" for clarity. In subclause (ii), the word "individuals" is substituted for "persons" for clarity and consistency in the revised title and with other titles of the Code.
In clause (3)(C), before subclause (i), the words "interest in land or airspace" are substituted for "land or of any interest therein, or of any easement through or other interest in airspace" to eliminate unnecessary words. In subclause (ii), the words "existing airport hazard . . . the creation of a new airport hazard" are added for clarity and consistency in this chapter.
In clause (3)(D), the words "any . . . work involved to" are omitted as surplus. The word "Secretary" is substituted for "Department of Transportation" because of 49:102(b). The words "Administrator of the" are added because of 49:106(b).
In clause (4), the word "near" is substituted for "in the vicinity of" to eliminate unnecessary words. The words "obstructs or otherwise is hazardous to the landing or taking off" are substituted for "obstructs the airspace required for the flight of aircraft in landing or taking off . . . or is otherwise hazardous to such landing or taking off" for clarity and to eliminate unnecessary words.
In clause (6), the words "for a fiscal year . . . for that fiscal year" are omitted as surplus. The words "authorized for grants" are substituted for "made available for obligation" for clarity and consistency. The word "law" is substituted for "Act of Congress" for consistency in the revised title and with other titles of the Code. The words "or limited" are omitted as surplus.
In clause (8), before subclause (A), the words "the initial as well as continuing" and "nature" are omitted as surplus. In subclause (C), the words "needed to decide which aeronautical needs should be met" are substituted for "as may be necessary to determine the short-, intermediate-, and long-range aeronautical demands required to be met" for clarity and to eliminate unnecessary words. The word "particular" is eliminated as unnecessary. In subclause (D), the word "prescribed" is substituted for "the establishment . . . of" for consistency in the revised title and with other titles of the Code.
In clause (9), the words "scheduled and nonscheduled" are omitted as surplus. The word "cargo" is substituted for "property (including mail)" for consistency in the revised title.
In clause (10), before subclause (A), the words "passenger boardings" are substituted for "passengers enplaned" for clarity. In subclause (A), the words "domestic, territorial, and international", "in the States", "scheduled and nonscheduled", and "intrastate, interstate, and foreign" are omitted as surplus. In subclause (B), the words "who continue on an aircraft in" are substituted for "on board" for clarity. (See Cong. Rec., pp. S15296, 15297, Oct. 28, 1987, daily ed.). The words "that stops" are substituted for "which transit" for clarity. The word "located" is omitted as surplus.
In clause (12), the words "included in one project grant application" are substituted for "submitted together", and the words "or all projects to be undertaken" are substituted for "including the combined submission of all projects", for clarity and consistency in this chapter.
In clause (15)(A), the words "or any agency of a State, a municipality . . . other" are omitted as surplus.
In clause (19)(A), the words "either individually or jointly with one or more other public agencies" are omitted as surplus.
In clause (20), the words "the Commonwealth of" and "the Government of" are omitted as surplus.
The Americans with Disabilities Act of 1990, referred to in par. (3)(F), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 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 12101 of Title 42 and Tables.
The Clean Air Act, referred to in par. (3)(F), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in par. (3)(F), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 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 1251 of Title 33 and Tables.
2018—Par. (3)(K). Pub. L. 115–254, §165(1)(A), substituted "7505a)) and if the airport would be able to receive" for "7505a) and if such project will result in an airport receiving appropriate".
Par. (3)(L). Pub. L. 115–254, §165(1)(B), added subpar. (L) and struck out former subpar. (L) which read as follows: "a project for the acquisition or conversion of vehicles and ground support equipment, owned by a commercial service airport, to low-emission technology, if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) and if such project will result in an airport receiving appropriate emission credits as described in section 47139."
Par. (3)(P) to (R). Pub. L. 115–254, §165(1)(C), added subpars. (P) to (R).
Par. (5). Pub. L. 115–254, §165(2), substituted "requirements" for "regulations" in introductory provisions.
Par. (8). Pub. L. 115–254, §165(3), substituted "public-use" for "public" in introductory provisions.
2012—Par. (3)(B)(iv). Pub. L. 112–95, §132(a)(1), substituted "9" for "20".
Par. (3)(G). Pub. L. 112–95, §132(a)(2), inserted "and including acquiring glycol recovery vehicles," after "vehicles and aircraft,".
Par. (3)(M) to (O). Pub. L. 112–95, §132(a)(3), added subpars. (M) to (O).
Par. (5). Pub. L. 112–95, §132(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: " 'airport planning' means planning as defined by regulations the Secretary prescribes and includes integrated airport system planning."
Par. (8). Pub. L. 112–95, §132(c)(3), added par. (8). Former par. (8) redesignated (9).
Pars. (9) to (23). Pub. L. 112–95, §132(c)(2), redesignated pars. (8) to (22) as (9) to (23), respectively. Former par. (23) redesignated (25).
Par. (24). Pub. L. 112–95, §132(d), added par. (24). Former par. (24) redesignated (26).
Pars. (25) to (27). Pub. L. 112–95, §132(c)(1), redesignated pars. (23) to (25) as (25) to (27), respectively.
Par. (28). Pub. L. 112–95, §132(e), added par. (28).
2003—Par. (3)(B)(x). Pub. L. 108–176, §142, inserted "; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114" before period at end.
Par. (3)(H). Pub. L. 108–176, §141, inserted "nonhub airports and" before "airports that are not primary airports".
Par. (3)(J). Pub. L. 108–176, §159(b)(1)(A), redesignated subpar. (M) as (J) and struck out former subpar. (J) which read as follows: "in fiscal year 2002, any additional security related activity required by law or by the Secretary after September 11, 2001, and before October 1, 2002."
Par. (3)(K), (L). Pub. L. 108–176, §159(b)(1), added subpars. (K) and (L) and struck out former subpars. (K) and (L) which read as follows:
"(K) in fiscal year 2002 with respect to funds apportioned under section 47114 in fiscal years 2001 and 2002, any activity, including operational activities, of an airport that is not a primary airport if that airport is located within the confines of enhanced class B airspace, as defined by Notice to Airmen FDC 1/0618 issued by the Federal Aviation Administration and the activity was carried out when any restriction in the Notice is in effect.
"(L) in fiscal year 2002, payments for debt service on indebtedness incurred to carry out a project at an airport owned or controlled by the sponsor or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor if the Secretary determines that such payments are necessary to prevent a default on the indebtedness."
Par. (3)(M). Pub. L. 108–176, §159(b)(1)(A), redesignated subpar. (M) as (J).
Pub. L. 108–7 added subpar. (M).
Par. (6). Pub. L. 108–176, §801(a)(6), added par. (6) and struck out former par. (6) which read as follows: " 'amount made available under section 48103 of this title' means the amount authorized for grants under section 48103 of this title as reduced by any law enacted after September 3, 1982."
Par. (10). Pub. L. 108–176, §801(a)(5), added par. (10). Former par. (10) redesignated (14).
Par. (10)(A), (B). Pub. L. 108–176, §801(a)(3), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
"(A) means revenue passenger boardings 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."
Par. (11). Pub. L. 108–176, §159(d), amended section as amended by Pub. L. 108–176, §801, by adding par. (11).
Pub. L. 108–176, §801(a)(4), redesignated par. (11) as (15).
Pars. (12) to (18). Pub. L. 108–176, §801(a)(4), (5), added pars. (12) and (13) and redesignated pars. (10) to (14) as (14) to (18), respectively. Former pars. (15) to (18) redesignated (19) to (22), respectively.
Pars. (19), (20). Pub. L. 108–176, §801(a)(4), redesignated pars. (15) and (16) as (19) and (20), respectively. Former pars. (19) and (20) redesignated (24) and (25), respectively.
Pars. (21) and (22). Pub. L. 108–176, §801(a)(4), redesignated pars. (17) and (18) as pars. (21) and (22), respectively.
Par. (23). Pub. L. 108–176, §801(a)(2), added par. (23).
Pars. (24), (25). Pub. L. 108–176, §801(a)(1), redesignated pars. (19) and (20) as (24) and (25), respectively.
2001—Par. (3)(B)(x). Pub. L. 107–71, §119(a)(5), added cl. (x).
Par. (3)(J) to (L). Pub. L. 107–71, §119(a)(1), added subpars. (J) to (L).
2000—Par. (3)(B)(ii). Pub. L. 106–181, §121(c)(1), substituted ", universal access systems, and emergency call boxes," for "and universal access systems," and inserted "and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices" before semicolon at end.
Par. (3)(B)(iii). Pub. L. 106–181, §121(c)(2), inserted before semicolon at end ", including closed circuit weather surveillance equipment if the airport is located in Alaska".
Par. (3)(B)(vii), (viii). Pub. L. 106–181, §122, added cls. (vii) and (viii).
Par. (3)(B)(ix). Pub. L. 106–181, §514(a), added cl. (ix).
Par. (3)(H). Pub. L. 106–181, §123(b), added subpar. (H).
Par. (3)(I). Pub. L. 106–181, §137(b), added subpar. (I).
1996—Par. (3)(E). Pub. L. 104–264, §142(b)(1)(A), inserted "or under section 40117" before period at end.
Par. (3)(F). Pub. L. 104–264, §142(b)(1)(B), struck out "paid for by a grant under this subchapter and" after "airport, if".
1994—Par. (3)(B)(ii). Pub. L. 103–305 inserted ", including explosive detection devices and universal access systems," after "or security equipment".
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.
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.
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.
Pub. L. 115–254, div. B, title I, §162, Oct. 5, 2018, 132 Stat. 3223, as amended by Pub. L. 118–15, div. B, title II, §2202(p), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(p), Dec. 26, 2023, 137 Stat. 1114, provided that: "Notwithstanding section 47102 of title 49, United States Code, for fiscal years 2018 through 2023 and for the period beginning on October 1, 2023, and ending on March 8, 2024—
"(1) the definition of the term 'airport development' under that section includes the construction of a storage facility to shelter snow removal equipment or aircraft rescue and firefighting equipment that is owned by an airport sponsor and used exclusively to maintain safe airfield operations, up to the facility size necessary to accommodate the types and quantities of equipment prescribed by the FAA, regardless of whether Federal funding was used to acquire the equipment;
"(2) a storage facility to shelter snow removal equipment may exceed the facility size limitation described in paragraph (1) if the airport sponsor certifies to the Secretary that the following conditions are met:
"(A) The storage facility to be constructed will be used to store snow removal equipment exclusively used for clearing airfield pavement of snow and ice following a weather event.
"(B) The airport is categorized as a local general aviation airport in the Federal Aviation Administration's 2017–2021 National Plan of Integrated Airport Systems (NPIAS) report.
"(C) The 30-year annual snowfall normal of the nearest weather station based on the National Oceanic and Atmospheric Administration Summary of Monthly Normals 1981–2010 exceeds 26 inches.
"(D) The airport serves as a base for a medical air ambulance transport aircraft.
"(E) The airport master record (Form 5010–1) effective on September 14, 2017 for the airport indicates 45 based aircraft consisting of single engine, multiple engine, and jet engine aircraft.
"(F) No funding under this section will be used for any portion of the storage facility designed to shelter maintenance and operations equipment that are not required for clearing airfield pavement of snow and ice.
"(G) The airport sponsor will complete design of the storage building not later than September 30, 2019, and will initiate construction of the storage building not later than September 30, 2020.
"(H) The area of the storage facility, or portion thereof, to be funded under this subsection [sic] does not exceed 6,000 square feet; and
"(3) the definition of the term 'terminal development' under that section includes the development of an airport access road that—
"(A) is located in a noncontiguous State;
"(B) is not more than 5 miles in length;
"(C) connects to the nearest public roadways of not more than the 2 closest census designated places; and
"(D) may provide incidental access to public or private property that is adjacent to the road and is not otherwise connected to a public road."
Pub. L. 108–176, title I, §159(b)(2), Dec. 12, 2003, 117 Stat. 2510, provided that:
"(A)
"(B)
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
(a)
(1) the rest of the transportation system, including connection to the surface transportation network; and
(2) forecasted technological developments in aeronautics.
(b)
(1) to the extent possible and as appropriate, consult with departments, agencies, and instrumentalities of the United States Government, with public agencies, and with the aviation community; and
(2) make every reasonable effort to address the needs of air cargo operations and rotary wing aircraft operations.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1251; Pub. L. 112–95, title I, §152(a), Feb. 14, 2012, 126 Stat. 32.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47103(a) | 49 App.:2203(a)(1) (2d–last sentences). | Sept. 3, 1982, Pub. L. 97–248, §504(a)(1), 96 Stat. 675; Dec. 30, 1987, Pub. L. 100–223, §104(a)(1)(A), (2), 101 Stat. 1489. |
| 47103(b) | 49 App.:2203(a)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §504(a)(2); added Dec. 30, 1987, Pub. L. 100–223, §104(a)(1)(B), 101 Stat. 1489. |
| 49 App.:2203(c). | Sept. 3, 1982, Pub. L. 97–248, §504(c), 96 Stat. 676. | |
| 47103(c) | 49 App.:2203(d)(1). | Sept. 3, 1982, Pub. L. 97–248, §504(d)(1), 96 Stat. 676; Dec. 30, 1987, Pub. L. 100–223, §104(b)(2), 101 Stat. 1489. |
| 47103(d) | 49 App.:2203(a)(1) (1st sentence). |
In subsection (a), before clause (1), the words "shall maintain" and "In maintaining" are substituted for "In reviewing and revising" for clarity and consistency in the revised title. The word "named" is substituted for "After September 3, 1982, the revised national airport system plan shall be known as", and the words "the national defense requirements of the Secretary of Defense" are substituted for "requirements in support of the national defense as determined by the Secretary of Defense", to eliminate unnecessary words. The words "included in the plan may not be limited to meeting the needs of any particular" are substituted for "identified by this plan shall not be limited to the requirements of any" for clarity and consistency in this section. The words "among other things" are omitted as surplus.
In subsection (b), before clause (1), the words "In maintaining" are substituted for "In reviewing and revising" for consistency in this section. In clause (1), 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 clauses (2) and (3), the words "As soon as feasible following December 30, 1987" are omitted as obsolete. In clause (3), the word "legitimate" is omitted as surplus.
In subsection (c), the words "Secretary of Defense" are substituted for "Department of Defense" because of 10:133.
In subsection (d), the words "Not later than two years after September 3, 1982" are omitted as executed.
2012—Subsec. (a). Pub. L. 112–95, §152(a)(1)(A), substituted "the airport system to" for "each airport to" in introductory provisions.
Subsec. (a)(1). Pub. L. 112–95, §152(a)(1)(B), substituted "system, including connection to the surface transportation network; and" for "system in the particular area;".
Subsec. (a)(2). Pub. L. 112–95, §152(a)(1)(C), substituted period at end for "; and".
Subsec. (a)(3). Pub. L. 112–95, §152(a)(1)(D), struck out par. (3) which read as follows: "forecasted developments in other modes of intercity transportation."
Subsec. (b). Pub. L. 112–95, §152(a)(2), inserted "and" at end of par. (1), redesignated par. (3) as (2) and struck out ", Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations," after "air cargo operations", and struck out former par. (2) which read as follows: "consider tall structures that reduce safety or airport capacity; and".
Subsec. (d). Pub. L. 112–95, §152(a)(3), struck out "status of the" before "plan".
(a)
(b)
(c)
(1) remaining available after that date under section 47117(b) of this title; or
(2) recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1252; Pub. L. 103–305, title I, §101(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 103–429, §6(63), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §101(b), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title I, §110(b)(2), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 106–6, §2(b), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(b), May 21, 1999, 113 Stat. 113; Pub. L. 106–59, §1(b), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106–181, title I, §101(b), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §101(b), Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–190, §4(b), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, §4(b), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §4(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §4(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §4(b), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §4(b), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §4(b), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §4(b), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §4(b), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §103, Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §4(b), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §4(b), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §4(b), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §4(b), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §4(b), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §4(b), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §204(b), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §4(b), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §101(b), Feb. 14, 2012, 126 Stat. 15; Pub. L. 114–55, title I, §101(b), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §101(b), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1101(b), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §101(b), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, §101(b), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §111(b), Oct. 5, 2018, 132 Stat. 3199; Pub. L. 118–15, div. B, title II, §2201(d), Sept. 30, 2023, 137 Stat. 82; Pub. L. 118–34, title I, §101(d), Dec. 26, 2023, 137 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2204(a) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(a) (1st sentence), 96 Stat. 676. | |
| 47104(b) | 49 App.:2204(b)(1) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(b)(1), 96 Stat. 677; Nov. 5, 1990, Pub. L. 101–508, §9104(2), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §102(b), 106 Stat. 4877. |
| 47104(c) | 49 App.:2204(b)(1) (last sentence). |
In subsection (a), the words "project grants" are substituted for "grants . . . for airport development and airport planning by project grants" in 49 App.:2204(a) to eliminate unnecessary words and because of the definitions of "project" and "project grant" in section 47102 of the revised title.
In subsection (b), the words "and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) of this section" are omitted as surplus.
In subsection (c), the words "except for obligations of amounts" are substituted for "except that nothing in this section shall preclude the obligation by grant agreement of apportioned funds" to eliminate unnecessary words.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(c) | 49 App.:2204(b)(1) (last sentence). 49App.:2204 note. |
Sept. 3, 1982, Pub. L. 97–248, §505(b)(1) (last sentence), as amended May 26, 1994, Pub. L. 103–260, §109, 108 Stat. 700. |
In subsection (c), the text of section 109(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 700) is omitted as executed.
2023—Subsec. (c). Pub. L. 118–34 substituted "March 8, 2024," for "December 31, 2023," in introductory provisions.
Pub. L. 118–15 substituted "December 31, 2023," for "September 30, 2023," in introductory provisions.
2018—Subsec. (c). Pub. L. 115–254 substituted "2023," for "2018," in introductory provisions.
Pub. L. 115–141 substituted "September 30, 2018," for "March 31, 2018," in introductory provisions.
2017—Subsec. (c). Pub. L. 115–63 substituted "March 31, 2018," for "September 30, 2017," in introductory provisions.
2016—Subsec. (c). Pub. L. 114–190 substituted "September 30, 2017," for "July 15, 2016," in introductory provisions.
Pub. L. 114–141 substituted "July 15, 2016," for "March 31, 2016," in introductory provisions.
2015—Subsec. (c). Pub. L. 114–55 substituted "March 31, 2016," for "September 30, 2015," in introductory provisions.
2012—Subsec. (c). Pub. L. 112–95 substituted "After September 30, 2015," for "After February 17, 2012," in introductory provisions.
Pub. L. 112–91 substituted "February 17, 2012," for "January 31, 2012," in introductory provisions.
2011—Subsec. (c). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," in introductory provisions.
Pub. L. 112–27 substituted "September 16, 2011," for "July 22, 2011," in introductory provisions.
Pub. L. 112–21 substituted "July 22, 2011," for "June 30, 2011," in introductory provisions.
Pub. L. 112–16 substituted "June 30, 2011," for "May 31, 2011," in introductory provisions.
Pub. L. 112–7 substituted "May 31, 2011," for "March 31, 2011," in introductory provisions.
2010—Subsec. (c). Pub. L. 111–329 substituted "March 31, 2011," for "December 31, 2010," in introductory provisions.
Pub. L. 111–249 substituted "December 31, 2010," for "September 30, 2010," in introductory provisions.
Pub. L. 111–216 substituted "September 30, 2010," for "August 1, 2010," in introductory provisions.
Pub. L. 111–197 substituted "August 1, 2010," for "July 3, 2010," in introductory provisions.
Pub. L. 111–161 substituted "July 3, 2010," for "April 30, 2010," in introductory provisions.
Pub. L. 111–153 substituted "April 30, 2010," for "March 31, 2010," in introductory provisions.
2009—Subsec. (c). Pub. L. 111–116 substituted "March 31, 2010," for "December 31, 2009," in introductory provisions.
Pub. L. 111–69 substituted "December 31, 2009," for "September 30, 2009," in introductory provisions.
Pub. L. 111–12 substituted "September 30, 2009," for "March 31, 2009," in introductory provisions.
2008—Subsec. (c). Pub. L. 110–330 substituted "March 31, 2009," for "September 30, 2008," in introductory provisions.
Pub. L. 110–253 substituted "September 30, 2008," for "June 30, 2008," in introductory provisions.
Pub. L. 110–190 substituted "June 30, 2008," for "September 30, 2007," in introductory provisions.
2003—Subsec. (c). Pub. L. 108–176 substituted "September 30, 2007" for "September 30, 2003" in introductory provisions.
2000—Subsec. (c). Pub. L. 106–181 substituted "September 30, 2003," for "September 30, 1999," in introductory provisions.
1999—Subsec. (c). Pub. L. 106–59 substituted "September 30, 1999" for "August 6, 1999" in introductory provisions.
Pub. L. 106–31 substituted "August 6, 1999" for "May 31, 1999" in introductory provisions.
Pub. L. 106–6 substituted "May" for "March" in introductory provisions.
1998—Subsec. (c). Pub. L. 105–277 substituted "March 31, 1999" for "September 30, 1998" in introductory provisions.
1996—Subsec. (c). Pub. L. 104–264 substituted "1998" for "1996" in introductory provisions.
1994—Subsec. (c). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "After September 30, 1996, the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts remaining available after that date under section 47117(b) of this title."
Pub. L. 103–305 substituted "After September 30, 1996, the Secretary" for "After September 30, 1993, the Secretary".
Pub. L. 110–253, §4(c), June 30, 2008, 122 Stat. 2418, provided that: "The amendments made by this section [amending this section and section 48103 of this title] shall take effect on July 1, 2008."
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.
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.
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.
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.
Pub. L. 115–254, div. B, title I, §161, Oct. 5, 2018, 132 Stat. 3221, as amended by Pub. L. 118–15, div. B, title II, §2202(o), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(o), Dec. 26, 2023, 137 Stat. 1114, provided that:
"(a)
"(1)
"(A) in consultation with airport operators and other aviation stakeholders, a pilot program at public-use airports to construct and operate remote towers in order to assess their operational benefits;
"(B) a selection process for participation in the pilot program; and
"(C) a clear process for the safety and operational certification of the remote towers.
"(2)
"(A)
"(B)
"(3)
"(4)
"(A) to the maximum extent practicable, ensure that at least 2 different vendors of remote tower systems participate;
"(B) identify which air traffic control information and data will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers;
"(C) implement processes necessary to collect the information and data identified in subparagraph (B);
"(D) develop criteria, in addition to considering possible selection criteria in paragraph (5), for the selection of airports that will best assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers, including the amount and variety of air traffic at an airport; and
"(E) prioritize the selection of airports that can best demonstrate the capabilities and benefits of remote towers, including applicants proposing to operate multiple remote towers from a single facility.
"(5)
"(A) 1 nonhub airport;
"(B) 3 airports that are not primary airports and that do not have existing air traffic control towers;
"(C) 1 airport that participates in the Contract Tower Program; and
"(D) 1 airport selected at the discretion of the Administrator.
"(6)
"(7)
"(A) detailing any benefits, costs, or safety improvements associated with the use of the remote towers; and
"(B) evaluating the feasibility of using remote towers, particularly in the Contract Tower Program, for airports without an air traffic control tower, to improve safety at airports with towers, or to reduce costs without impacting safety at airports with or without existing towers.
"(8)
"(9)
"(A)
"(B)
"(C)
"(10)
"(b)
"(c)
Pub. L. 115–254, div. B, title I, §190, Oct. 5, 2018, 132 Stat. 3237, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) will achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis or on a per dollar of funds expended basis; and
"(2) will be implemented by an eligible consortium.
"(f)
"(g)
"(h)
"(i)
"(j)
"(1)
"(A) Businesses incorporated in the United States.
"(B) Public or private educational or research organizations located in the United States.
"(C) Entities of State or local governments in the United States.
"(D) Federal laboratories.
"(2)
"(A) introduces new environmental mitigation techniques or technologies that have been proven in laboratory demonstrations;
"(B) proposes methods for efficient adaptation or integration of new concepts into airport operations; and
"(C) will demonstrate whether new techniques or technologies for environmental mitigation are—
"(i) practical to implement at or near multiple public-use airports; and
"(ii) capable of reducing noise, airport emissions, or water quality impacts in measurably significant amounts.
"(k)
"(1)
"(2)
Pub. L. 106–181, title I, §139, Apr. 5, 2000, 114 Stat. 85, authorized the Administrator of the Federal Aviation Administration to establish a pilot program, subject to certain contract and cost specifications, under which design-build contracts could be used to carry out up to 7 projects at airports in the United States with a grant awarded under this section, and stipulated that this authorization would expire on Sept. 30, 2003.
(a)
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development project benefitting 1 or more airports in the State or for airport planning for projects for 1 or more airports in the State if—
(i) the sponsor of each airport gives written consent that the State be the applicant;
(ii) the Secretary is satisfied there is administrative merit and aeronautical benefit in the State being the sponsor; and
(iii) an acceptable agreement exists that ensures that the State will comply with appropriate grant conditions and other assurances the Secretary requires.
(2) Before deciding to undertake an airport development project at an airport under this subchapter, a sponsor shall consult with the airport users that will be affected by the project.
(3) This subsection does not authorize a public agency that is subject to the laws of a State to apply for a project grant in violation of a law of the State.
(b)
(1) shall describe the project proposed to be undertaken;
(2) may propose a project only for a public-use airport included in the current national plan of integrated airport systems;
(3) may propose airport development only if the development complies with standards the Secretary prescribes or approves, including standards for site location, airport layout, site preparation, paving, lighting, and safety of approaches; and
(4) shall be in the form and contain other information the Secretary prescribes.
(c)
(1)
(2)
(A)
(B)
(i) continue to provide technical assistance under subparagraph (A) until the standards are approved under paragraph (1); and
(ii) clearly indicate to the State the standards that are acceptable to the Secretary, considering, at a minimum, local conditions and locally available materials.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1253; Pub. L. 103–305, title I, §§106, 107(a), Aug. 23, 1994, 108 Stat. 1572; Pub. L. 115–254, div. B, title I, §183, Oct. 5, 2018, 132 Stat. 3233.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47105(a) (1)(A) | 49 App.:2208(a)(1) (1st sentence related to authority to submit applications). | Sept. 3, 1982, Pub. L. 97–248, §§509(a)(1), (c), (d), 511(c), 96 Stat. 682, 685, 688. |
| 47105(a) (1)(B) | 49 App.:2208(a)(3). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §509(a)(3); added Dec. 30, 1987, Pub. L. 100–223, §108, 101 Stat. 1498. |
| 47105(a)(2) | 49 App.:2210(c). | |
| 47105(a)(3) | 49 App.:2208(a)(1) (3d sentence). | |
| 47105(b) | 49 App.:2208(a)(1) (1st sentence related to form and contents, 2d, last sentences). | |
| 47105(c) | 49 App.:2208(c). | |
| 47105(d) | 49 App.:2208(d). | |
| 47105(e) | 49 App.:2208(e). | Sept. 3, 1982, Pub. L. 97–248, §509(e), 96 Stat. 685; Dec. 30, 1987, Pub. L. 100–223, §106(b)(3)(B), 101 Stat. 1498. |
In subsection (a)(1), before clause (A), the words "Subject to the provisions of this subsection" are omitted as surplus. The words "for one or more projects" are omitted as surplus because of the definition of "project grant" in section 47102 of the revised title. Clause (A) is substituted for "(A) any public agency, or two or more public agencies acting jointly, or (B) any sponsor of a public-use airport, or two or more such sponsors, acting jointly" because of the definition of "sponsor" in section 47102 of the revised title.
In subsection (a)(2), the word "Before" is substituted for "In" as the more appropriate word. The words "at an airport" are substituted for "at which such project is proposed" to eliminate unnecessary words. The words "airport users that will be affected by the project" are substituted for "affected parties" for clarity.
Subsection (a)(3) is substituted for 49 App.:2208(a)(1) (3d sentence) to eliminate unnecessary words.
In subsection (b)(1), the words "shall describe" are substituted for "setting forth" for clarity.
In subsection (b)(2), the word "project" is substituted for "airport development or airport planning" because of the definition of "project" in section 47102 of the revised title. The words "prepared pursuant to section 2203 of the Appendix" are eliminated as unnecessary.
In subsection (c), the words "from time to time" are eliminated as unnecessary.
In subsection (d), the words "in connection with any project" are omitted as surplus. The words "that the sponsor will comply with this subchapter in carrying out the project" are substituted for "that such sponsor will comply with all of the statutory and administrative requirements imposed on such sponsor under this chapter in connection with such project" to eliminate unnecessary words. The words "or discharge" are omitted as included in "affect". The words "including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 303 of title 49, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b) [42 U.S.C. 2000d et seq.], title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)" are omitted as included in "another law of the United States".
In subsection (e), the words "of an airport for which" are substituted for "to which" for clarity.
2018—Subsec. (c). Pub. L. 115–254 designated existing provisions as par. (1), inserted heading, and added par. (2).
1994—Subsec. (a)(1)(B). Pub. L. 103–305, §106, in introductory provisions, substituted "1 or more airports" for "at least 2 airports" in two places and struck out "similar" before "projects".
Subsecs. (e), (f). Pub. L. 103–305, §107(a), added subsec. (e) and redesignated former subsec. (e) as (f).
(a)
(1) the project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan for the development of the area surrounding the airport;
(2) the project will contribute to carrying out this subchapter;
(3) enough money is available to pay the project costs that will not be paid by the United States Government under this subchapter;
(4) the project will be completed without unreasonable delay;
(5) the sponsor has authority to carry out the project as proposed;
(6) if the project is for an airport that has an airport master plan that includes the project, the master plan addresses issues relating to solid waste recycling at the airport, including—
(A) the feasibility of solid waste recycling at the airport;
(B) minimizing the generation of solid waste at the airport;
(C) operation and maintenance requirements;
(D) the review of waste management contracts; and
(E) the potential for cost savings or the generation of revenue; and
(7) if the project is at an airport that is listed as having an unclassified status under the most recent national plan of integrated airport systems (as described in section 47103), the project will be funded with an amount appropriated under section 47114(d)(3)(B) and is—
(A) for maintenance of the pavement of the primary runway;
(B) for obstruction removal for the primary runway;
(C) for the rehabilitation of the primary runway; or
(D) for a project that the Secretary considers necessary for the safe operation of the airport.
(b)
(1) the sponsor, a public agency, or the Government holds good title to the areas of the airport used or intended to be used for the landing, taking off, or surface maneuvering of aircraft, or that good title will be acquired;
(2) the interests of the community in or near which the project may be located have been given fair consideration; and
(3) the application provides touchdown zone and centerline runway lighting, high intensity runway lighting, or land necessary for installing approach light systems that the Secretary, considering the category of the airport and the kind and volume of traffic using it, decides is necessary for safe and efficient use of the airport by aircraft.
(c)
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was given to consider the economic, social, and environmental effects of the location and the location's consistency with the objectives of any planning that the community has carried out;
(ii) the airport management board has voting representation from the communities in which the project is located or has advised the communities that they have the right to petition the Secretary about a proposed project; and
(iii) with respect to an airport development project involving the location of an airport, runway, or major runway extension at a medium or large hub airport, the airport sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted; and
(B) if the application is found to have a significant adverse effect on natural resources, including fish and wildlife, natural, scenic, and recreation assets, water and air quality, or another factor affecting the environment, only after finding that no possible and prudent alternative to the project exists and that every reasonable step has been taken to minimize the adverse effect.
(2) The Secretary may approve an application under this subchapter for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport without requiring an environmental impact statement related to noise for the project if—
(A) completing the project would allow operations at the airport involving aircraft complying with the noise standards prescribed for "stage 3" aircraft in section 36.1 of title 14, Code of Federal Regulations, to replace existing operations involving aircraft that do not comply with those standards; and
(B) the project meets the other requirements under this subchapter.
(3) At the Secretary's request, the sponsor shall give the Secretary a copy of the transcript of any hearing held under paragraph (1)(A) of this subsection.
(4) The Secretary may make a finding under paragraph (1)(B) of this subsection only after completely reviewing the matter. The review and finding must be a matter of public record.
(d)
(A) the Secretary provides the sponsor an opportunity for a hearing; and
(B) not later than 180 days after the later of the date of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred.
(2) The 180-day period may be extended by—
(A) agreement between the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding approval may obtain review of the order by filing a petition 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 project is located. The action must be brought not later than 60 days after the order is served on the petitioner.
(e)
(1) the fees charged to air carriers (including landing fees), and other costs that will be incurred by air carriers, for using the proposed airport;
(2) air transportation that will be provided in the geographic region of the proposed airport; and
(3) the availability and cost of providing air transportation to rural areas in such geographic region.
(f)
(1)
(2)
(3)
(4)
(A) that has more than .25 percent of the total number of passenger boardings each year at all such airports; and
(B) at which one or two air carriers control more than 50 percent of the passenger boardings.
(g)
(h)
(1) the role the airport plays with respect to medical emergencies and evacuations; and
(2) the role the airport plays in emergency or disaster preparedness in the community served by the airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1254; Pub. L. 103–305, title I, §§108, 109, Aug. 23, 1994, 108 Stat. 1573; Pub. L. 106–181, title I, §155(b), Apr. 5, 2000, 114 Stat. 88; Pub. L. 107–71, title I, §123(a), Nov. 19, 2001, 115 Stat. 630; Pub. L. 107–296, title IV, §426(b), Nov. 25, 2002, 116 Stat. 2187; Pub. L. 108–176, title I, §187, title III, §305, Dec. 12, 2003, 117 Stat. 2518, 2539; Pub. L. 112–95, title I, §§111(c)(2)(A)(i), 133, 134, Feb. 14, 2012, 126 Stat. 18, 22; Pub. L. 115–254, div. B, title I, §§148(a), 149, Oct. 5, 2018, 132 Stat. 3214, 3215.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47106(a) | 49 App.:2208(b) (1)(A)–(D). | Sept. 3, 1982, Pub. L. 97–248, §§503(a)(8), 509(b)(1)(A)– (D), (2)–(4), (5) (last sentence words after 11th comma), (6)(B)–(8), 96 Stat. 673, 683, 684. |
| 47106(b) | 49 App.:2202(a)(8). | |
| 49 App.:2208(b) (2)–(4). | ||
| 47106(c) (1)(A) | 49 App.:2208(b)(6)(A). | Sept. 3, 1982, Pub. L. 97–248, §509(b)(6)(A), 96 Stat. 684; Oct. 31, 1992, Pub. L. 102–581, §113(b), 106 Stat. 4881. |
| 47106(c) (1)(B) | 49 App.:2208(b)(7)(A) (1st, 2d sentences). | |
| 47106(c) (1)(C) | 49 App.:2208(b)(5) (last sentence words between 11th and 12th commas and after last comma). | |
| 47106(c)(2) | 49 App.:2208(b)(8). | |
| 47106(c)(3) | 49 App.:2208(b)(6)(B). | |
| 47106(c)(4) | 49 App.:2208(b)(7)(A) (last sentence), (B). | |
| 47106(c)(5) | 49 App.:2208(b)(5) (last sentence words between 12th and last commas). | |
| 47106(d) | 49 App.:1731. | May 21, 1970, Pub. L. 91–258, 84 Stat. 219, §31; added Feb. 18, 1980, Pub. L. 96–193, §206, 94 Stat. 55; Sept. 3, 1982, Pub. L. 97–248, §524(e), 96 Stat. 697. |
| 47106(e) | 49 App.:2218(b) (related to application). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §519(b) (related to application); added Dec. 30, 1987, Pub. L. 100–223, §112(2), 101 Stat. 1504. |
In subsection (a)(1), the word "reasonably" is omitted as surplus.
In subsection (a)(2), the words "carrying out" are substituted for "accomplishment of the purposes of" for consistency in the revised title.
In subsection (a)(3), the words "that portion of" are omitted as surplus.
In subsection (a)(5), the words "which submitted the project grant application" and "legal" are omitted as surplus.
In subsection (b), before clause (1), the words "for an airport" are added for clarity. In clause (1), the words "or an agency thereof" are omitted surplus. In clause (3), the words "that the Secretary . . . decides is necessary" are substituted for "when it is determined by the Secretary that any such item is required" to eliminate unnecessary words.
In subsection (c)(1)(B), before subclause (i), the words "chief executive officer" are substituted for "Governor" because this chapter applies to the District of Columbia which does not have a Governor. The words "except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if" are substituted for "In any case where . . . certification shall be obtained from such Administrator" for clarity. Subclause (i) is substituted for "such standards have not been approved" for clarity.
In subsection (c)(2), before clause (A), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "that does not involve the location of an airport or runway, or a major runway extension" are substituted for "(other than an airport development project in which paragraph (7)(A) applies)" for clarity. The words "the preparation of" are omitted as surplus. In clause (B), the words "statutory and administrative" are omitted as surplus.
In subsection (c)(4)(A), the words "to the Secretary" are added for clarity.
In subsection (c)(5), the words "full and" are omitted as surplus. The words "in writing" are omitted as surplus because of the requirement that the decision be a matter of public record.
In subsection (d)(1), the words "(as defined by section 1711(8) of this Appendix, as in effect on February 18, 1980)" are omitted because of the definition of "air carrier airport" in section 47102 of the revised title.
In subsection (d)(2), the words "Notwithstanding any other provision of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]" and "single" are omitted as surplus.
In subsection (e)(1) and (2), the word "sponsor" is substituted for "applicant" for consistency.
In subsection (e)(1), before clause (A), the words "under this subchapter" are added for consistency in this section. The word "other" is omitted as surplus.
In subsection (e)(2)(A), the word "mutual" is omitted as surplus.
In subsection (e)(3), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title and with other titles of the United States Code. The words "the date on which" are omitted as surplus.
2018—Subsec. (a)(6). Pub. L. 115–254, §148(a)(2), inserted "that includes the project" before ", the master plan" in introductory provisions.
Subsec. (a)(7). Pub. L. 115–254, §148(a)(1), (3), (4), added par. (7).
Subsec. (h). Pub. L. 115–254, §149, added subsec. (h).
2012—Subsec. (a)(6). Pub. L. 112–95, §133, added par. (6).
Subsec. (f)(1). Pub. L. 112–95, §111(c)(2)(A)(i), substituted "charge" for "fee".
Subsec. (f)(2). Pub. L. 112–95, §134, struck out "patterns of air service," after "gate-use requirements," and ", and airfare levels (as compiled by the Department of Transportation) compared to other large airports" after "common facilities" and inserted "and" after "ground-side capacity,".
2003—Subsec. (c)(1)(A)(iii). Pub. L. 108–176, §305(1), inserted "and" after semicolon at end.
Pub. L. 108–176, §187, added cl. (iii).
Subsec. (c)(1)(B), (C). Pub. L. 108–176, §305(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "only if the chief executive officer of the State in which the project will be located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards, except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if—
"(i) the State has not approved any applicable State or local standards; and
"(ii) the Administrator has prescribed applicable standards; and".
Subsec. (c)(2)(A). Pub. L. 108–176, §305(4), substituted "stage 3" for "stage 2".
Subsec. (c)(4), (5). Pub. L. 108–176, §305(5)–(7), redesignated par. (5) as (4), substituted "paragraph (1)(B)" for "paragraph (1)(C)", and struck out former par. (4) which read as follows:
"(4)(A) Notice of certification or of refusal to certify under paragraph (1)(B) of this subsection shall be provided to the Secretary not later than 60 days after the Secretary receives the application.
"(B) The Secretary shall condition approval of the application on compliance with the applicable standards during construction and operation."
2002—Subsec. (g). Pub. L. 107–296 added subsec. (g).
2001—Subsec. (f)(3), (4). Pub. L. 107–71, which directed the amendment of section 47106(f) by adding par. (3) and redesignating former par. (3) as (4), without specifying the Code title to be amended, was executed by making the amendments to this section, to reflect the probable intent of Congress.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).
1994—Subsecs. (d), (e). Pub. L. 103–305 added subsec. (e), redesignated former subsec. (e) as (d), and struck out former subsec. (d) which read as follows:
"(d)
"(2) The Secretary may approve an application under this subchapter for an airport development project included in a project grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary line separating 2 counties within a State only if, before the application is submitted to the Secretary, the project is approved by the governing body of each village incorporated under the laws of the State and located entirely within 5 miles of the nearest boundary of the airport."
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.
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.
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.
Pub. L. 106–181, title III, §310, Apr. 5, 2000, 114 Stat. 128, provided that:
"(a)
"(b)
"(1) the current level of coordination among Federal and State agencies in conducting environmental reviews in the planning and approval of airport improvement projects;
"(2) the role of public involvement in the planning and approval of airport improvement projects;
"(3) the staffing and other resources associated with conducting such environmental reviews; and
"(4) the time line for conducting such environmental reviews.
"(c)
"(d)
Pub. L. 106–181, title V, §514(c), Apr. 5, 2000, 114 Stat. 144, provided that: "In making grants under section 47104 of title 49, United States Code, for engineered materials arresting systems, the Secretary [of Transportation] shall require the sponsor to demonstrate that the effects of jet blasts have been adequately considered."
Pub. L. 106–181, title V, §514(d), Apr. 5, 2000, 114 Stat. 144, provided that: "In any case in which an airport's runways are constrained by physical conditions, the Secretary [of Transportation] shall consider alternative means for ensuring runway safety (other than a safety overrun area) when prescribing conditions for grants for runway rehabilitation."
Pub. L. 106–181, title VII, §737, Apr. 5, 2000, 114 Stat. 172, provided that: "Notwithstanding any other provision of law, in order to avoid unnecessary duplication of expense and effort, the Secretary [of Transportation] may authorize the use, in whole or in part, of a completed environmental assessment or environmental impact study for new construction projects on the air operations area of an airport, if the completed assessment or study was for a project at the airport that is substantially similar in nature to the new project. Any such authorized use shall meet all requirements of Federal law for the completion of such an assessment or study."
(a)
(1) the airport will be available for public use on reasonable conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to substantially comparable charges—
(A) for facilities directly and substantially related to providing air transportation; and
(B) regulations and conditions, except for differences based on reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status;
(4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and
(B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator;
(5) fixed-base operators similarly using the airport will be subject to the same charges;
(6) an air carrier using the airport may service itself or use any fixed-base operator allowed by the airport operator to service any carrier at the airport;
(7) the airport and facilities on or connected with the airport will be operated and maintained suitably, with consideration given to climatic and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the airport (including operations at established minimum flight altitudes) will be cleared and protected by mitigating existing, and preventing future, airport hazards;
(10) appropriate action, including the adoption of zoning laws, has been or will be taken to the extent reasonable to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations;
(11) each of the airport's facilities developed with financial assistance from the United States Government and each of the airport's facilities usable for the landing and taking off of aircraft always will be available without charge for use by Government aircraft in common with other aircraft, except that if the use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating and maintaining the facility used;
(12) the airport owner or operator will provide, without charge to the Government, property interests of the sponsor in land or water areas or buildings that the Secretary decides are desirable for, and that will be used for, constructing at Government expense, facilities for carrying out activities related to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule of charges for use of facilities and services at the airport—
(A) that will make the airport as self-sustaining as possible under the circumstances existing at the airport, including volume of traffic and economy of collection; and
(B) without including in the rate base used for the charges the Government's share of costs for any project for which a grant is made under this subchapter or was made under the Federal Airport Act or the Airport and Airway Development Act of 1970;
(14) the project accounts and records will be kept using a standard system of accounting that the Secretary, after consulting with appropriate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or special airport financial and operations reports to the Secretary that the Secretary reasonably requests and make such reports available to the public;
(16) the airport owner or operator will maintain a current layout plan of the airport that meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that adversely affect the value of prior Federal investments to a significant extent;
(C) the owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration—
(i) is outside the scope of the Secretary's review and approval authority as set forth in subparagraph (B); or
(ii) complies with the portions of the plan approved by the Secretary; and
(D) when an alteration in the airport or its facility is made that is within the scope of the Secretary's review and approval authority as set forth in subparagraph (B), and does not conform with the portions of the plan approved by the Secretary, and the Secretary decides that the alteration adversely affects the safety, utility, or efficiency of aircraft operations, or of any property on or off the airport that is owned, leased, or financed by the Government, then the owner or operator will, if requested by the Secretary—
(i) eliminate the adverse effect in a way the Secretary approves; or
(ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d);
(17) if any phase of such project has received funds under this subchapter, each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be awarded in the same way that a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the sponsor;
(18) the airport and each airport record will be available for inspection by the Secretary on reasonable request, and a report of the airport budget will be available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the Secretary and make available to the public an annual report listing in detail—
(A) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(B) all services and property provided to other units of government and the amount of compensation received for provision of each such service and property;
(20) the airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, but the sponsor does not have any obligation under this paragraph, or because of it, to fund special facilities for intercity bus service or for other modes of transportation; and
(21) if the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
(b)
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision enacted not later than September 2, 1982, in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982, by the owner or operator, provides that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but also the general debt obligations or other facilities of the owner or operator.
(3) This subsection does not prevent the use of a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or off the airport for a noise mitigation purpose.
(c)
(A)(i) the land may be needed for an aeronautical purpose (including runway protection zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land contributes to the financial self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator received not later than December 30, 1987, the Secretary of Transportation or the department, agency, or instrumentality of the Government that made the grant was notified by the owner or operator of the use of the land and did not object to the use and the land is still being used for that purpose.
(2) The Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances, satisfactory to the Secretary, that if an airport owner or operator has received or will receive a grant for acquiring land and—
(A) if the land was or will be acquired for a noise compatibility purpose (including land serving as a noise buffer either by being undeveloped or developed in a way that is compatible with using the land for noise buffering purposes)—
(i) the owner or operator will dispose of the land at fair market value at the earliest practicable time after the land no longer is needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4); or
(B) if the land was or will be acquired for an airport purpose (except a noise compatibility purpose)—
(i) the owner or operator, when the land no longer is needed for an airport purpose, will dispose of the land at fair market value or make available to the Secretary an amount equal to the Government's proportional share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4).
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this subsection and deposited in the Airport and Airway Trust Fund are available as provided in subsection (f) of this section.
(4) In approving the reinvestment or transfer of proceeds under paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall give preference, in descending order, to the following actions:
(A) Reinvestment in an approved noise compatibility project.
(B) Reinvestment in an approved project that is eligible for funding under section 47117(e).
(C) Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.
(D) Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport.
(E) Payment to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986.
(5)(A) A lease at fair market value by an airport owner or operator of land acquired for a noise compatibility purpose using a grant provided under this subchapter shall not be considered a disposal for purposes of paragraph (2).
(B) The airport owner or operator may use revenues from a lease described in subparagraph (A) for an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.
(C) The Secretary shall coordinate with each airport owner or operator to ensure that leases described in subparagraph (A) are consistent with noise buffering purposes.
(D) The provisions of this paragraph apply to all land acquired before, on, or after the date of enactment of this paragraph.
(d)
(e)
(2) An airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including any business operated through a management contract or subcontract. The dollar amount of a management contract or subcontract with a disadvantaged business enterprise shall be added to the total participation by disadvantaged business enterprises in airport concessions and to the base from which the airport's percentage goal is calculated. The dollar amount of a management contract or subcontract with a non-disadvantaged business enterprise and the gross revenue of business activities to which the management contract or subcontract pertains may not be added to this base.
(3) Except as provided in paragraph (4) of this subsection, an airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including the purchase from disadvantaged business enterprises of goods and services used in businesses conducted at the airport, but the owner or operator and the businesses conducted at the airport shall make good faith efforts to explore all available options to achieve, to the maximum extent practicable, compliance with the goal through direct ownership arrangements, including joint ventures and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an airport owner or operator shall include the revenues of car rental firms at the airport in the base from which the percentage goal in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental firm to meet a requirement under paragraph (1) of this subsection by purchasing or leasing goods or services from a disadvantaged business enterprise. If an owner or operator requires such a purchase or lease, a car rental firm shall be permitted to meet the requirement by including purchases or leases of vehicles from any vendor that qualifies as a small business concern owned and controlled by a socially and economically disadvantaged individual or as a qualified HUBZone small business concern (as defined in section 31(b) of the Small Business Act).
(C) This subsection does not require a car rental firm to change its corporate structure to provide for direct ownership arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or enforce a law, regulation, or policy related to disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a small business concern owned and controlled by a socially and economically disadvantaged individual or a qualified HUBZone small business concern (as defined in section 31(b) of the Small Business Act) to participate through direct contractual agreement with that concern.
(7) An air carrier that provides passenger or property-carrying services or another business that conducts aeronautical activities at an airport may not be included in the percentage goal of paragraph (1) of this subsection for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection.
(f)
(1) subsection (c)(2)(A)(iii) of this section is available to the Secretary of Transportation to make a grant for airport development or airport planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to the Secretary—
(A) to make a grant for a purpose described in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this title at another airport in the State in which the land was disposed of under subsection (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to an amount made available to the Secretary under section 48103 of this title and not subject to apportionment under section 47114 of this title.
(g)
(A) shall prescribe requirements for sponsors that the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a project grant only if the Secretary is satisfied that the requirements prescribed under paragraph (1)(A) of this subsection have been or will be met.
(h)
(1)
(A) publish notice of the proposed modification in the Federal Register; and
(B) provide an opportunity for comment on the proposal.
(2)
(i)
(j)
(A) "duty-free merchandise" and "duty-free sales enterprise" have the same meanings given those terms in section 555(b)(8) of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) "highway" and "Federal-aid system" have the same meanings given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may use, for a project for construction or reconstruction of a highway on a Federal-aid system that is not more than 10 miles by road from an airport and that will facilitate access to the airport, revenue from the sales at off-airport locations in Hawaii of duty-free merchandise under a contract between Hawaii and a duty-free sales enterprise. However, the revenue resulting during a Hawaiian fiscal year may be used only if the amount of the revenue, plus amounts Hawaii receives in the fiscal year from all other sources for costs Hawaii incurs for operating all airports it operates and for debt service related to capital projects for the airports (including interest and amortization of principal costs), is more than 150 percent of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection in a Hawaiian fiscal year that Hawaii may use may not be more than the amount that is greater than 150 percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an aircraft operator by an airport operated by Hawaii is increased during the period from May 4, 1990, through December 31, 1994, by more than the percentage change in the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, that the Secretary of Labor publishes during that period and if revenue derived from the fee increases because the fee increased, the amount under paragraph (3)(B) of this subsection shall be reduced by the amount of the projected revenue increase in the period less the part of the increase attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue increases referred to in this subsection and shall submit the determinations to the Secretary of Transportation. A determination is approved unless the Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in a fiscal year in which Hawaii uses under paragraph (2) of this subsection revenue from sales referred to in paragraph (2). Hawaii shall repay amounts it receives in a fiscal year under a grant it is not eligible to receive because of this paragraph to the Secretary of Transportation for deposit in the discretionary fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, and to amounts in the Airport Revenue Fund of Hawaii that are attributable to revenue before May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, may be used under paragraph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning after December 31, 1994.
(k)
(1)
(2)
(A) direct payments or indirect payments, other than payments reflecting the value of services and facilities provided to the airport;
(B) use of airport revenues for general economic development, marketing, and promotional activities unrelated to airports or airport systems;
(C) payments in lieu of taxes or other assessments that exceed the value of services provided; or
(D) payments to compensate nonsponsoring governmental bodies for lost tax revenues exceeding stated tax rates.
(3)
(4)
(5)
(A) any request by a sponsor or any other governmental entity to any airport for additional payments for services conducted off of the airport or for reimbursement for capital contributions or operating expenses shall be filed not later than 6 years after the date on which the expense is incurred; and
(B) any amount of airport funds that are used to make a payment or reimbursement as described in subparagraph (A) after the date specified in that subparagraph shall be considered to be an illegal diversion of airport revenues that is subject to subsection (m).
(l)
(1)
(2)
(m)
(1)
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final determination concerning whether the illegal diversion of airport revenues asserted in the audit or report occurred.
(2)
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport involved under this paragraph.
(3)
(A) receives notification that the sponsor is required to reimburse an airport; and
(B) has had an opportunity to reimburse the airport, but has failed to do so.
(4)
(5)
(A)
(B)
(6)
(7)
(n)
(1)
(2)
(3)
(4)
(A) be the rate in effect on the date on which interest begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the duration of the indebtedness.
(o)
(p) Notwithstanding any written assurances prescribed in subsections (a) through (o), a general aviation airport with more than 300,000 annual operations may be exempt from having to accept scheduled passenger air carrier service, provided that the following conditions are met:
(1) No scheduled passenger air carrier has provided service at the airport within 5 years prior to January 1, 2002.
(2) The airport is located within or underneath the Class B airspace of an airport that maintains an airport operating certificate pursuant to section 44706 of title 49.
(3) The certificated airport operating under section 44706 of title 49 does not contribute to significant passenger delays as defined by DOT/FAA in the "Airport Capacity Benchmark Report 2001".
(q) An airport that meets the conditions of paragraphs (1) through (3) of subsection (p) is not subject to section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.
(r)
(1)
(2)
(A) describes the requests;
(B) provides an explanation as to why the requests could not be accommodated; and
(C) provides a time frame within which, if any, the airport will be able to accommodate the requests.
(3)
(s)
(1)
(A) Aircraft of the person.
(B) Aircraft authorized by the person.
(2)
(A)
(B)
(i) to pay airport access charges that, as determined by the airport sponsor, are comparable to those charged to tenants and operators on-airport making similar use of the airport;
(ii) to bear the cost of building and maintaining the infrastructure that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to or near the airport access to the airfield of the airport;
(iii) to maintain the property for residential, noncommercial use for the duration of the agreement;
(iv) to prohibit access to the airport from other properties through the property of the property owner; and
(v) to prohibit any aircraft refueling from occurring on the property.
(3)
(t)
(1)
(2)
(A) originally entered into before the date of enactment of this subsection;
(B) under which a nominal lease rate is provided;
(C) under which the lessee is a Federal or State government entity; and
(D) that supports the operation of military aircraft by the Air Force or Air National Guard—
(i) at the airport; or
(ii) remotely from the airport.
(u)
(1)
(A) determining an airport's compliance with a grant assurance made under this section or any other provision of law; and
(B) the receipt of Federal financial assistance for airport development.
(2)
(A) used or intended to be used exclusively for recreational purposes; and
(B) constructed or under construction by a private individual at a general aviation airport.
(v)
(1)
(2)
(A) to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration's Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999;
(B) if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section;
(C) to airport property that was acquired under a Federal airport development grant program;
(D) if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years;
(E) if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose;
(F) if the recreational purpose will not impact the aeronautical use of the airport;
(G) if the airport sponsor provides a certification that the sponsor is not responsible for preparation, start-up, operations, maintenance, or any other costs associated with the recreational purpose; and
(H) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502.
(3)
(w)
(1)
(A) a lactation area in the sterile area of each passenger terminal building of the airport; and
(B) a baby changing table in at least one men's and at least one women's restroom in each passenger terminal building of the airport.
(2)
(A)
(i)
(I) a medium or large hub airport in fiscal year 2021 and each fiscal year thereafter; and
(II) an applicable small hub airport in fiscal year 2023 and each fiscal year thereafter.
(ii)
(I) the 3-year period consisting of 2020, 2021, and 2022; or
(II) any consecutive 3-year period beginning after 2020.
(B)
(C)
(3)
(A) "lactation area" means a room or similar accommodation that—
(i) provides a location for members of the public to express breast milk that is shielded from view and free from intrusion from the public;
(ii) has a door that can be locked;
(iii) includes a place to sit, a table or other flat surface, a sink or sanitizing equipment, and an electrical outlet;
(iv) is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and
(v) is not located in a restroom; and
(B) "sterile area" has the same meaning given that term in section 1540.5 of title 49, Code of Federal Regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1256; Pub. L. 103–305, title I, §§111(a), (c), 112(a), Aug. 23, 1994, 108 Stat. 1573, 1574; Pub. L. 104–264, title I, §143, title VIII, §805(a), (b)(2), Oct. 9, 1996, 110 Stat. 3221, 3271, 3274; Pub. L. 104–287, §5(9), (80), Oct. 11, 1996, 110 Stat. 3389, 3397; Pub. L. 105–135, title VI, §604(h)(1), Dec. 2, 1997, 111 Stat. 2634; Pub. L. 106–181, title I, §125(a), Apr. 5, 2000, 114 Stat. 75; Pub. L. 107–217, §3(n)(7), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 108–7, div. I, title III, §321(a), Feb. 20, 2003, 117 Stat. 411; Pub. L. 108–11, title II, §2702, Apr. 16, 2003, 117 Stat. 600; Pub. L. 108–176, title I, §§144, 164, 165, title IV, §424, Dec. 12, 2003, 117 Stat. 2503, 2513, 2514, 2554; Pub. L. 110–330, §5(e), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(d), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(e), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(d), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(d), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(d), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(d), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(d), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(e), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(d), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(d), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(d), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(d), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(d), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(e), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(e), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §§135, 136(a), title IV, §404, Feb. 14, 2012, 126 Stat. 22, 23, 85; Pub. L. 113–188, title XV, §1501(b)(1), (2)(A), Nov. 26, 2014, 128 Stat. 2023, 2024; Pub. L. 114–55, title I, §102(a), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(a), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(a), July 15, 2016, 130 Stat. 617; Pub. L. 114–238, §1, Oct. 7, 2016, 130 Stat. 972; Pub. L. 115–63, title I, §102(a), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–91, div. A, title XVII, §1701(a)(4)(G)(i), Dec. 12, 2017, 131 Stat. 1796; Pub. L. 115–141, div. M, title I, §102(a), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §§131, 132(a), 163(d), 185, Oct. 5, 2018, 132 Stat. 3203–3205, 3224, 3234; Pub. L. 116–190, §2, Oct. 30, 2020, 134 Stat. 974; Pub. L. 118–15, div. B, title II, §2202(e), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(e), Dec. 26, 2023, 137 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47107(a) | 49 App.:2202(a)(6). | Sept. 3, 1982, Pub. L. 97–248, §§503(a)(6), 505(b)(2), 509(b)(1)(E), 511(a)(1)(B), (C), (2), (5)–(10), (b), 96 Stat. 673, 677, 683, 686, 687. |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a) (1)–(11), (15), (16)). | ||
| 49 App.:2210(a)(1)(A). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(1)(A), 96 Stat. 686; Dec. 30, 1987, Pub. L. 100–223, §109(a), 101 Stat. 1499. | |
| 49 App.:2210(a)(1)(B), (C), (2). | ||
| 49 App.:2210(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(3), 96 Stat. 686; Dec. 30, 1987, Pub. L. 100–223, §109(b), 101 Stat. 1499. | |
| 49 App.:2210(a)(4). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(4), 96 Stat. 686; restated Dec. 30, 1987, Pub. L. 100–223, §109(c), 101 Stat. 1499. | |
| 49 App.:2210(a) (5)–(10). | ||
| 49 App.:2210(a)(11). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(11), 96 Stat. 687; Oct. 31, 1992, Pub. L. 102–581, §113(a), 106 Stat. 4881. | |
| 49 App.:2210(a)(15). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(15); added Dec. 30, 1987, Pub. L. 100–223, §109(f), 101 Stat. 1500. | |
| 49 App.:2210(a)(16). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(16); added Dec. 30, 1987, Pub. L. 100–223, §109(g), 101 Stat. 1501. | |
| 47107(b)(1), (2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)). | |
| 49 App.:2210(a)(12). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(12), 96 Stat. 687; restated Dec. 30, 1987, Pub. L. 100–223, §109(d), 101 Stat. 1499. | |
| 47107(b)(3) | 49 App.:2210(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(d); added Dec. 30, 1987, Pub. L. 100–223, §109(i), 101 Stat. 1501. |
| 47107(c)(1), (2) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)). | ||
| 49 App.:2210(a)(13). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(13), 96 Stat. 688; restated Dec. 30, 1987, Pub. L. 100–223, §109(e), 101 Stat. 1499. | |
| 49 App.:2210(a)(14). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(14), 96 Stat. 688; Dec. 30, 1987, Pub. L. 100–223, §109(e), 101 Stat. 1499; restated Dec. 15, 1989, Pub. L. 101–236, §4, 103 Stat. 2061. | |
| 47107(c)(3) | (no source). | |
| 47107(d) | 49 App.:2204(b)(2). | |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)). | ||
| 47107(e) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)). | |
| 49 App.:2210(a)(17). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(17); added Dec. 30, 1987, Pub. L. 100–223, §109(h), 101 Stat. 1501; Oct. 31, 1992, Pub. L. 102–581, §117(a), 106 Stat. 4882. | |
| 49 App.:2210(h). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(h); added Oct. 31, 1992, Pub. L. 102–581, §117(b), 106 Stat. 4882. | |
| 49 App.:2210 (note). | Oct. 31, 1992, Pub. L. 102–581, §117(d), 106 Stat. 4883. | |
| 47107(f) | 49 App.:2210(e). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(e); added Dec. 30, 1987, Pub. L. 100–223, §109(j), 101 Stat. 1501. |
| 47107(g)(1) | 49 App.:2210(b) (1st, 2d sentences). | |
| 47107(g)(2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(b)). | |
| 47107(h) | 49 App.:2210(f). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(f); added Dec. 30, 1987, Pub. L. 100–223, §109(k), 101 Stat. 1502. |
| 47107(i) | 49 App.:2210(b) (last sentence). | |
| 47107(j)(1) | 49 App.:2210(g)(4)(B), (D). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(g); added May 4, 1990, Pub. L. 101–281, §2, 104 Stat. 164. |
| 47107(j)(2) | 49 App.:2210(g)(1), (2)(B), (4)(A), (C). | |
| 47107(j)(3) | 49 App.:2210(g)(2)(C), (D). | |
| 47107(j)(4) | 49 App.:2210(g)(2)(E). | |
| 47107(j)(5) | 49 App.:2210(g)(2)(F). | |
| 47107(j)(6) | 49 App.:2210(g)(2)(G). | |
| 47107(j) (7)(A) | 49 App.:2210(g)(2)(A). | |
| 47107(j) (7)(B) | 49 App.:2210(g)(3). |
In subsection (a), before clause (1), the words "may approve a project grant application under this subchapter for an airport development project only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)) and the words "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall" in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (1), the words "to which the project relates" and "fair and" are omitted as surplus. In clause (2), before subclause (A), the words "including the requirement that" are omitted as unnecessary because of the restatement. The words "air carriers making similar use of the airport" are substituted for "each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) . . . all such air carriers which make similar use of such airport" to eliminate unnecessary words. The words "and which utilize similar facilities" are omitted because of the definition of "airport" in section 47102 of the revised title. The words "nondiscriminatory and" and "rates, fees, rentals, and other" are omitted as surplus. In subclause (B), before subclause (i), the words "except for differences based on" are substituted for "subject to" for clarity. In clause (3), the words "airport operator" are substituted for "airport" for clarity and consistency in this chapter. In clause (4), before subclause (A), the words "a right given to only one fixed-base operator to provide services at an airport" are substituted for "the providing of services at an airport by a single fixed-based operator" for clarity. In subclause (B), the words "the airport operator or owner" are substituted for "such airport" for clarity and consistency in this subchapter. Clause (5) is substituted for 49 App.:2210(a)(1)(B) for consistency and to eliminate unnecessary words. In clause (6), the words "allowed by the airport operator" are substituted for "authorized by the airport or permitted by the airport" for clarity and consistency in this chapter and to eliminate unnecessary words. In clause (9), the words "operations at" are added for clarity. The words "adequately", "removing, lowering, relocating, marking, or lighting or otherwise", and "the establishment or creation of" are omitted as surplus. In clause (10), the word "near" is substituted for "in the immediate vicinity of", and the word "uses" is substituted for "activities and purposes", to eliminate unnecessary words. The words "including landing and takeoff of aircraft" are omitted as surplus. In clause (12), the words "property interests of the sponsor in land or water areas or buildings" are substituted for "any areas of land or water, or estate therein, or rights in buildings of the sponsor" for consistency in the revised title and to eliminate unnecessary words. The words "necessary or" are omitted as surplus. The words "for, and that will be used for, constructing . . . facilities for carrying out activities related to air traffic control or navigation" are substituted for "for use in connection with any air traffic control or navigation activities, or weather-reporting and communication activities related to air traffic control . . . for construction . . . of space or facilities for such purposes" to eliminate unnecessary words. In clause (13), before subclause (A), the words "schedule of charges" are substituted for "fee and rental structure" for clarity and consistency in this chapter. In subclause (A), the word "particular" is omitted as surplus. The word "including" is substituted for "taking into account such factors as" to eliminate unnecessary words. In subclause (B), the words "fees, rates, and" are omitted as surplus. The words "airport development or airport planning" are omitted because of the definition of "project" in section 47102 of the revised title. In clause (16), before subclause (A), the words "maintain . . . current" are substituted for "keep up to date at all times" to eliminate unnecessary words. In subclause (B), the words "be submitted to, and" and "amendment" are omitted as surplus. In subclauses (C) and (D), the words "changes or" and "change or", respectively, are omitted as surplus. In subclause (D)(ii), the words "was made" are added for clarity. In clause (17), the words "with respect to the project" are omitted as surplus. In clause (18), the words "duly authorized agent of" are omitted because of 49:322(b).
In subsection (b)(1), before clause (A), the words "may approve a project grant application under this subchapter for an airport development project only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)) and "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall" in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (C) the word "actual" is omitted as surplus.
In subsection (b)(2), the words "Paragraph (1) of this subsection does not apply" are substituted for "except that . . . then this limitation on the use of all other revenues generated by the airport . . . shall not apply" to eliminate unnecessary words. The word "law" is substituted for "provisions . . . in governing statutes" for consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words "considered to be" are omitted as surplus. In clause (B), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), before clause (A), the words "may approve an application under this subchapter for an airport development project grant only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)) and "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter" in 49 App.:2210(a) for clarity and to eliminate unnecessary words. The words "has received or will receive" are substituted for "before, on, or after December 30, 1987" and "before, on, or after December 31, 1987" because of the restatement. In clauses (A)(ii) and (B)(ii), the words "or right" and "only" are omitted as surplus. In clause (A)(iii), the words "at the discretion of the Secretary" in 49 App.:2210(a)(13)(C) are omitted as surplus. In clause (B)(iii), the words "under this subchapter" are substituted for "at that airport or within the national airport system" for clarity and to eliminate unnecessary words.
Subsection (c)(3) is added for clarity.
In subsection (d), the words "may approve an application under this subchapter for an airport development project grant . . . only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)) and "No obligation shall be incurred by the Secretary for airport development . . . unless" in 49 App.:2204(b) for clarity and to eliminate unnecessary words.
In subsection (e)(1), the words "may approve a project grant application under this subchapter for an airport development project only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)) and "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall" for clarity and to eliminate unnecessary words. The words "food, beverages, printed materials, or other" and "ground transportation, baggage carts, automobile rentals, or other" are omitted as surplus.
In subsection (e)(2)–(5), the words "disadvantaged business enterprise" are substituted for "DBE" for clarity.
In subsection (e)(4), the words "(as defined by the Secretary by regulation)" and "(as defined under section 2204(d)(2)(B) of this title)" are omitted as unnecessary because of paragraph (1) of this subsection.
In subsection (f)(2)(A), the words "at the discretion of the Secretary" are omitted as surplus. The words "at primary airports and reliever airports" are omitted as surplus because 49 App.:2206(c)(2), restated in section 47115(c) of the revised title, involves only primary and reliever airports.
In subsection (g)(1)(A), the words "consistent with the terms of this chapter" are omitted as surplus.
In subsection (g)(1)(B), the words "Among other steps to insure such compliance" and "on behalf of the United States" are omitted as surplus.
In subsection (g)(2), the words "by or . . . the authority of" are omitted as surplus.
In subsection (h), before clause (1), the words "proposes to" are omitted as surplus. The word "subchapter" is substituted for "Act" in section 511(f) of the Airport and Airway Improvement Act of 1982, as added by section 109(k) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1502), to correct a mistake.
In subsection (i), the words "a property interest in a land or water area or a building that the Secretary of Transportation uses to construct a facility" are substituted for "any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs space or facilities thereon" for consistency in this section.
In subsection (j)(2), the words "the limitation on the use of revenues generated by airports contained in", "located", "of funds", and "(including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this chapter for expenditure at such airports)" are omitted as surplus.
In subsection (j)(3)(A), the words "amount that is greater than 150 percent as determined" are substituted for "amount of the excess determined" for clarity.
In subsection (j)(3)(B), the words "in the aggregate" are omitted as surplus.
In subsection (j)(4), the word "imposed" is substituted for "levied" for consistency in the revised title and with other titles of the Code. The words "for the use of airport facilities" and "a percentage which is" are omitted as surplus. The words "Secretary of Labor" are substituted for "Bureau of Labor Statistics of the Department of Labor" because of 29:551 and 557.
In subsection (j)(5), the words "from fee increases" and "for approval" are omitted as surplus.
The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i), is act May 13, 1946, ch. 251, 60 Stat. 170, which was classified to chapter 14 (§1101 et seq.) of former Title 49, Transportation, prior to repeal by Pub. L. 91–258, title I, §52(a), May 21, 1970, 84 Stat. 235.
The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49, Transportation. Sections 1 through 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were 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 complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (c)(4)(E), is classified to section 9502 of Title 26, Internal Revenue Code.
The date of enactment of this paragraph, referred to in subsec. (c)(5)(D), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
Section 31(b) of the Small Business Act, referred to in subsec. (e)(1), (4)(B), (6), is classified to section 657a(b) of Title 15, Commerce and Trade.
Section 101(a) of title 23, referred to in subsec. (j)(1)(B), was subsequently amended, and section 101(a) no longer defines "Federal-aid system".
The enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (s)(3), means the enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
The date of enactment of this paragraph, referred to in subsec. (s)(3), 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. (t)(2)(A), is the date of enactment of Pub. L. 114–238, which was approved Oct. 7, 2016.
2023—Subsec. (r)(3). Pub. L. 118–34 substituted "March 9, 2024" for "January 1, 2024".
Pub. L. 118–15 substituted "January 1, 2024" for "October 1, 2023".
2020—Subsec. (w)(1). Pub. L. 116–190, §2(1), substituted "The Secretary of Transportation" for "In fiscal year 2021 and each fiscal year thereafter, the Secretary of Transportation".
Subsec. (w)(1)(B). Pub. L. 116–190, §2(2), substituted "at least one men's and at least one women's" for "one men's and one women's".
Subsec. (w)(2)(A). Pub. L. 116–190, §2(3), added subpar. (A) and struck out former subpar. (A) which read as follows: "The requirement in paragraph (1) shall only apply to applications submitted by the airport sponsor of a medium or large hub airport."
Subsec. (w)(2)(B). Pub. L. 116–190, §2(4), substituted "October 5, 2018, complies with the requirement in paragraph (1)(A)" for "the date of enactment of this Act complies with the requirement in paragraph (1)".
Subsec. (w)(2)(C). Pub. L. 116–190, §2(5), substituted "paragraph (1)(A)" for "paragraph (1)".
2018—Subsec. (a)(16)(B). Pub. L. 115–254, §163(d)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: "the Secretary will approve the plan and any revision or modification before the plan, revision, or modification takes effect;".
Subsec. (a)(16)(C). Pub. L. 115–254, §163(d)(2), substituted "unless the alteration—" and cls. (i) and (ii) for "if the alteration does not comply with the plan the Secretary approves, and the Secretary is of the opinion that the alteration may affect adversely the safety, utility, or efficiency of the airport; and".
Subsec. (a)(16)(D). Pub. L. 115–254, §163(d)(3), which directed substitution of "when an alteration in the airport or its facility is made that is within the scope of the Secretary's review and approval authority as set forth in subparagraph (B), and does not conform with the portions of the plan approved by the Secretary, and the Secretary decides that the alteration adversely affects the safety, utility, or efficiency of aircraft operations, or of any property on or off the airport that is owned, leased, or financed by the Government, then the owner or operator will, if requested by the Secretary" for "when an alternation" and all that follows through "Secretary, will", was executed by making the substitution for "when an alteration in the airport or its facility is made that does not conform to the approved plan and that the Secretary decides adversely affects the safety, utility, or efficiency of any property on or off the airport that is owned, leased, or financed by the Government, the owner or operator, if requested by the Secretary, will" to reflect the probable intent of Congress.
Subsec. (a)(17). Pub. L. 115–254, §131(1), substituted "if any phase of such project has received funds under this subchapter, each contract" for "each contract".
Subsec. (r)(3). Pub. L. 115–254, §131(2), substituted "2023" for "2018".
Pub. L. 115–141 substituted "October 1, 2018" for "April 1, 2018".
Subsec. (s)(3). Pub. L. 115–254, §185, added par. (3).
Subsecs. (u), (v). Pub. L. 115–254, §131(3), added subsecs. (u) and (v).
Subsec. (w). Pub. L. 115–254, §132(a), added subsec. (w).
2017—Subsec. (e)(1), (4)(B), (6). Pub. L. 115–91 substituted "section 31(b) of the Small Business Act" for "section 3(p) of the Small Business Act".
Subsec. (r)(3). Pub. L. 115–63 substituted "April 1, 2018" for "October 1, 2017".
2016—Subsec. (r)(3). Pub. L. 114–190 substituted "October 1, 2017" for "July 16, 2016".
Pub. L. 114–141 substituted "July 16, 2016" for "April 1, 2016".
Subsec. (t). Pub. L. 114–238 added subsec. (t).
2015—Subsec. (r)(3). Pub. L. 114–55 substituted "April 1, 2016" for "October 1, 2015".
2014—Subsec. (k). Pub. L. 113–188, §1501(b)(1), (2)(A)(i), redesignated subsec. (l) as (k) and struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: "The Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual summary of the reports submitted to the Secretary under subsection (a)(19) of this section and under section 111(b) of the Federal Aviation Administration Authorization Act of 1994."
Subsec. (k)(5). Pub. L. 113–188, §1501(b)(2)(A)(ii), substituted "subsection (m)(7)" for "subsection (n)(7)" in introductory provisions and "subsection (m)" for "subsection (n)" in subpar. (B).
Subsec. (l). Pub. L. 113–188, §1501(b)(2)(A)(i), redesignated subsec. (m) as (l). Former subsec. (l) redesignated (k).
Subsec. (m). Pub. L. 113–188, §1501(b)(2)(A)(i), (iii), redesignated subsec. (n) as (m) and substituted "subsections (b) and (k)" for "subsections (b) and (l)" in pars. (1) and (7) and "subsection (n)" for "subsection (o)" in pars. (4) and (6). Former subsec. (m) redesignated (l).
Subsec. (n). Pub. L. 113–188, §1501(b)(2)(A)(i), (iv), redesignated subsec. (o) as (n) and substituted "subsection (m)" for "subsection (n)" wherever appearing. Former subsec. (n) redesignated (m).
Subsec. (o). Pub. L. 113–188, §1501(b)(2)(A)(i), (v), redesignated subsec. (p) as (o) and substituted "subsection (n)" for "subsection (o)". Former subsec. (o) redesignated (n).
Subsec. (p). Pub. L. 113–188, §1501(b)(2)(A)(i), (vi), redesignated subsec. (q) as (p) and substituted "subsections (a) through (o)" for "subsections (a) through (p)" in introductory provisions. Former subsec. (p) redesignated (o).
Subsec. (q). Pub. L. 113–188, §1501(b)(2)(A)(i), (vii), redesignated subsec. (r) as (q) and substituted "paragraphs (1) through (3) of subsection (p)" for "subsections (q)(1) through (3)". Former subsec. (q) redesignated (p).
Subsecs. (r) to (t). Pub. L. 113–188, §1501(b)(2)(A)(i), redesignated subsecs. (s) and (t) as (r) and (s), respectively. Former subsec. (r) redesignated (q).
2012—Subsec. (a)(16)(D)(ii). Pub. L. 112–95, §135(a), inserted ", except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d)" before semicolon at end.
Subsec. (c)(2)(A). Pub. L. 112–95, §135(b)(1)(A)(i), substituted "purpose (including land serving as a noise buffer either by being undeveloped or developed in a way that is compatible with using the land for noise buffering purposes)" for "purpose" in introductory provisions.
Subsec. (c)(2)(A)(iii). Pub. L. 112–95, §135(b)(1)(A)(ii), substituted "reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4)" for "paid to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Secretary prescribes, reinvested in an approved noise compatibility project, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program".
Subsec. (c)(2)(B)(iii). Pub. L. 112–95, §135(b)(1)(B), substituted "reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4)" for "reinvested, on application to the Secretary, in another eligible airport development project the Secretary approves under this subchapter or paid to the Secretary for deposit in the Fund if another eligible project does not exist".
Subsec. (c)(4), (5). Pub. L. 112–95, §135(b)(2), added pars. (4) and (5).
Subsec. (s)(3). Pub. L. 112–95, §404, amended par. (3) generally. Prior to amendment, text read as follows: "This subsection shall cease to be effective beginning February 18, 2012."
Pub. L. 112–91 substituted "February 18, 2012." for "February 1, 2012."
Subsec. (t). Pub. L. 112–95, §136(a), added subsec. (t).
2011—Subsec. (s)(3). 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. (s)(3). 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. (s)(3). 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. (s)(3). Pub. L. 110–330 substituted "April 1, 2009" for "October 1, 2008".
2003—Subsec. (a)(21). Pub. L. 108–176, §165, added par. (21).
Subsec. (c)(2)(A)(iii). Pub. L. 108–176, §164, inserted before semicolon at end ", including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program".
Subsec. (l)(5)(A). Pub. L. 108–176, §144(a), inserted "or any other governmental entity" after "sponsor".
Subsec. (m)(1). Pub. L. 108–176, §144(b)(1), (2), substituted "include a provision in the compliance supplement provisions to" for "promulgate regulations that" and struck out "and opinion of the review" before "concerning the funding activities".
Subsec. (m)(3). Pub. L. 108–176, §144(b)(3), struck out heading and text of par. (3). Text read as follows: "The report submitted to the Secretary under this subsection shall include a specific determination and opinion regarding the appropriateness of the disposition of airport funds paid or transferred to a sponsor."
Subsec. (q). Pub. L. 108–7 added subsec. (q).
Subsec. (q)(2). Pub. L. 108–11, §2702(1), which directed the amendment of subsec. (q)(2) of section 321 of Pub. L. 108–7 by inserting "or underneath" before "the Class B airspace", was executed by making the insertion in subsec. (q)(2) of this section, to reflect the probable intent of Congress.
Subsec. (q)(3). Pub. L. 108–11, §2702(2), (3), which directed the amendment of subsec. (q)(3) of section 321 of Pub. L. 108–7 by striking out "has sufficient capacity and" after "Title 49" and inserting "passenger" before "delays", was executed by inserting "passenger" before "delays" and striking out "has sufficient capacity and" after "title 49" in subsec. (q)(3) of this section, to reflect the probable intent of Congress.
Subsec. (r). Pub. L. 108–7 added subsec. (r).
Subsec. (s). Pub. L. 108–176, §424, added subsec. (s).
2002—Subsec. (a)(17). Pub. L. 107–217 substituted "chapter 11 of title 40" for "title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)".
2000—Subsec. (h). Pub. L. 106–181 amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: "Before modifying an assurance required of a person receiving a grant under this subchapter and in effect after December 29, 1987, or to require compliance with an additional assurance from the person, the Secretary of Transportation must—
"(1) publish notice of the proposed modification in the Federal Register; and
"(2) provide an opportunity for comment on the proposal."
1997—Subsec. (e)(1). Pub. L. 105–135, §604(h)(1)(A), inserted before period at end "or qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act)".
Subsec. (e)(4)(B). Pub. L. 105–135, §604(h)(1)(B), which directed the amendment of subpar. (B) by inserting before the period "or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)", was executed by inserting the material before period at end of last sentence to reflect the probable intent of Congress.
Subsec. (e)(6). Pub. L. 105–135, §604(h)(1)(C), inserted "or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)" after "disadvantaged individual".
1996—Subsec. (a)(20). Pub. L. 104–264, §143, added par. (20).
Subsec. (k). Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Subsec. (l)(1). Pub. L. 104–287, §5(80), substituted "August 23, 1994" for "the date of the enactment of this subsection".
Subsec. (l)(5). Pub. L. 104–264, §805(b)(2), added par. (5).
Subsecs. (m) to (p). Pub. L. 104–264, §805(a), added subsecs. (m) to (p).
1994—Subsec. (a)(15). Pub. L. 103–305, §111(a)(1), inserted before semicolon at end "and make such reports available to the public".
Subsec. (a)(19). Pub. L. 103–305, §111(a)(2)–(4), added par. (19).
Subsec. (k). Pub. L. 103–305, §111(c), added subsec. (k).
Subsec. (l). Pub. L. 103–305, §112(a), added subsec. (l).
Amendment by Pub. L. 115–91 effective Jan. 1, 2020, see section 1701(j) of Pub. L. 115–91, set out as a note under section 657a of Title 15, Commerce and Trade.
Pub. L. 112–95, title I, §136(b), Feb. 14, 2012, 126 Stat. 24, provided that: "The amendment made by subsection (a) [amending this section] shall apply to an agreement between an airport sponsor and a property owner (or an association representing such property owner) entered into before, on, or after the date of enactment of this Act [Feb. 14, 2012]."
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.
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.
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.
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. 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. 108–7, div. I, title III, §321(b), Feb. 20, 2003, 117 Stat. 411, provided that: "This section [amending this section] shall be effective upon enactment [Feb. 20, 2003], notwithstanding any other section of title 49."
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.
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.
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.
Pub. L. 106–181, title I, §125(e), Apr. 5, 2000, 114 Stat. 76, provided that: "Nothing in any amendment made by this section [amending this section and sections 47125, 47151, and 47153 of this title] shall be construed to authorize the Secretary [of Transportation] to issue a waiver or make a modification referred to in such amendment."
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.
Pub. L. 105–66, title III, §340, Oct. 27, 1997, 111 Stat. 1448, provided that:
"(a)
"(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
"(2) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
"(3) a grant recipient that uses airport revenues for purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
"(4) illegal diversion of airport revenues undermines the interest of the United States in promoting a strong national air transportation system;
"(5) the policy of the United States that airports should be as self-sustaining as possible and that revenues generated at airports should not be diverted from airport purposes was stated by Congress in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996;
"(6) certain airports are constructed on lands that may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
"(7) contrary to the prohibition against diverting airport revenues from airport purposes under section 47107 of title 49, United States Code, certain payments from airport revenues may have been made for the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related to lands ceded to the United States;
"(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur in the future whether related to claims for periods of time prior to or after the date of enactment of this Act [Oct. 27, 1997]; and
"(9) because of the special circumstances surrounding such past diversions of airport revenues for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, it is in the national interest that amounts from airport revenues previously received by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be subject to repayment.
"(b)
"(c)
"(d)
Pub. L. 104–264, title VIII, §802, Oct. 9, 1996, 110 Stat. 3270, provided that:
"(a)
"(1) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
"(2) a grant recipient that uses airport revenue for purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
"(3) any diversion of airport revenues in violation of the condition referred to in paragraph (1) undermines the interest of the United States in promoting a strong national air transportation system that is responsive to the needs of airport users;
"(4) the Secretary and the Administrator have not enforced airport revenue diversion rules adequately and must have additional regulatory tools to increase enforcement efforts; and
"(5) sponsors who have been found to have illegally diverted airport revenues—
"(A) have not reimbursed or made restitution to airports in a timely manner; and
"(B) must be encouraged to do so.
"(b)
"(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project grant to divert airport revenues for purposes that are not related to an airport, in violation of section 47107 of title 49, United States Code;
"(2) imposing financial reporting requirements that are designed to identify instances of illegal diversions referred to in paragraph (1);
"(3) establishing a statute of limitations for airport revenue diversion actions;
"(4) clarifying limitations on revenue diversion that are permitted under chapter 471 of title 49, United States Code; and
"(5) establishing clear penalties and enforcement mechanisms for identifying and prosecuting airport revenue diversion."
Pub. L. 104–264, title VIII, §803, Oct. 9, 1996, 110 Stat. 3270, provided that: "For purposes of this title [see Short Title of 1996 Amendment note set out under section 40101 of this title], the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
Pub. L. 104–264, title VIII, §805(b)(1), Oct. 9, 1996, 110 Stat. 3273, provided that: "Not later than 90 days after the date of the enactment of this Act [Oct. 9, 1996], the Secretary, acting through the Administrator, shall revise the policies and procedures established under section 47107(l) [now 47107(k)] of title 49, United States Code, to take into account the amendments made to that section by this title."
Pub. L. 103–305, title I, §111(b), Aug. 23, 1994, 108 Stat. 1574, provided that, within 180 days after Aug. 23, 1994, the Secretary of Transportation was to prescribe a uniform simplified format readily comprehensible to the public for reporting applicable to airports.
(a)
(b)
(2)(A) For a project receiving assistance under a grant approved under the Airport and Airway Improvement Act of 1982 before October 1, 1987, the amount may be increased by not more than—
(i) 10 percent for an airport development project, except a project for acquiring an interest in land; and
(ii) 50 percent of the total increase in allowable project costs attributable to acquiring an interest in land, based on current creditable appraisals.
(B) An increase under subparagraph (A) of this paragraph may be paid only from amounts the Government recovers from other grants made under this subchapter.
(3) For a project receiving assistance under a grant approved under the Act, this subchapter, or chapter 475 of this title after September 30, 1987, the amount may be increased—
(A) for an airport development project, by not more than 15 percent; and
(B) for a grant after September 30, 1992, to acquire an interest in land for an airport (except a primary airport), by not more than the greater of the following, based on current creditable appraisals or a court award in a condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.
(c)
(d)
(e)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1262; Pub. L. 106–181, title I, §135(c), Apr. 5, 2000, 114 Stat. 84; Pub. L. 108–176, title I, §149(a), Dec. 12, 2003, 117 Stat. 2505; Pub. L. 109–115, div. A, title I, §176(a), Nov. 30, 2005, 119 Stat. 2427; Pub. L. 112–95, title I, §152(e)(2), Feb. 14, 2012, 126 Stat. 34.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47108(a) | 49 App.:2211(a). | Sept. 3, 1982, Pub. L. 97–248, §512(a), 96 Stat. 688; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(4), 110(c), 101 Stat. 1498, 1502. |
| 47108(b) | 49 App.:2211(b). | Sept. 3, 1982, Pub. L. 97–248, §512(b), 96 Stat. 688; restated Dec. 30, 1987, Pub. L. 100–223, §110(a), 101 Stat. 1502; Oct. 31, 1992, Pub. L. 102–581, §109, 106 Stat. 4879. |
| 47108(c) | 49 App.:2211(c). | |
| 47108(d) | 49 App.:2211(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §512(d); added Dec. 30, 1987, Pub. L. 100–223, §110(b), 101 Stat. 1502. |
In subsection (a), the words "on behalf of the United States" are omitted as surplus. The words "or sponsors" are omitted because of 1:1. The words "of the application" are omitted as surplus. The words "under section 47110 of this title" are added for clarity. The words "and conditions" are omitted as being included in "terms". The words "for the project" are added for clarity. The words "an offer of a grant for a project" are substituted for "In any case where the Secretary approves a project grant application for a project . . . the offer" to eliminate unnecessary words. The words "(including future fiscal years)" are omitted as surplus. The words "An offer that is accepted in writing by the sponsor is an agreement binding on the Government and the sponsor" are substituted for "If and when an offer is accepted in writing by the sponsor, the offer and acceptance shall comprise an agreement constituting an obligation of the United States and of the sponsor" to eliminate unnecessary words. The words "which have been or may be incurred" are omitted as surplus.
In subsection (b)(1), the words "by a sponsor" are omitted as surplus. The words "amount the Government will pay" are substituted for "obligation of the United States" for clarity and consistency in this section.
In subsection (b)(2), the text of 49 App.:2211(b)(2) (last sentence) is restated to apply only to 49 App.:2211(b)(2) (1st sentence) to carry out the probable intent of Congress.
In subsection (b)(3)(B), the words "for fiscal year 1993 and thereafter" are omitted as unnecessary.
In subsection (c), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "a project receiving assistance under" are added for consistency.
In subsection (d), the word "sponsor" is substituted for "grant recipient" for clarity. The words "amount the Government may pay" are substituted for "obligation of the United States authorized" for clarity and consistency in this section.
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2)(A), (3), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49. Sections 1 through 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were 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 complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
2012—Subsec. (e)(3). Pub. L. 112–95 substituted "accordance with section 47119(a)" for "accordance with section 47110(d)(2)" and "allowable under section 47119(a)" for "allowable under section 47110(d)".
2005—Subsec. (e)(3). Pub. L. 109–115 added par. (3).
2003—Subsec. (a). Pub. L. 108–176 inserted "or 47114(d)(3)(A)" after "under section 47114(c)".
2000—Subsec. (e). Pub. L. 106–181 added subsec. (e).
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.
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.
Pub. L. 107–71, title I, §143, Nov. 19, 2001, 115 Stat. 644, provided that: "In the case of a grant for land acquisition issued to an airport under chapter 471 of title 49, United States Code, prior to January 1, 1995, the Secretary of Transportation may waive the provisions of section 47108 of such title and provide an upward adjustment in the maximum obligation of the United States under that chapter to assist the airport in funding land acquisition costs (and associated eligible costs) that increased as a result of a judicial order."
[For definitions of "airport" and "United States" used in section 143 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.]
(a)
(1) 75 percent for a project at a medium or large hub airport;
(2) not more than 90 percent for a project funded by a grant issued to and administered by a State under section 47128, relating to the State block grant program;
(3) 90 percent for a project at any other airport;
(4) 70 percent for a project funded by the Administrator from the discretionary fund under section 47115 at an airport receiving an exemption under section 47134; and
(5) 95 percent for a project that—
(A) the Administrator determines is a successive phase of a multiphase construction project for which the sponsor received a grant in fiscal year 2011; and
(B) for which the United States Government's share of allowable project costs would otherwise be capped at 90 percent under paragraph (2) or (3).
(b)
(1) 25 percent;
(2) one-half of the percentage that the area of unappropriated and unreserved public lands and nontaxable Indian lands in the State is of the total area of the State; or
(3) the percentage necessary to increase the Government's share to the percentage that applied on June 30, 1975, under section 17(b) of the Act.
(c)
(1)
(A) the State contained unappropriated and unreserved public lands and nontaxable Indian lands of more than 5 percent of the total area of all lands in the State on August 3, 1979; and
(B) the application under subsection (b), does not increase the Government's share of allowable costs of the project.
(2) The Government's share of allowable project costs determined under this subsection shall not exceed the lesser of 93.75 percent or the highest percentage Government share applicable to any project in any State under subsection (b), except that at a primary non-hub and non-primary commercial service airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government's share shall be an average of the Government share applicable to any project in each of the States.
(d)
(e)
(f)
(1) is receiving essential air service for which compensation was provided to an air carrier under subchapter II of chapter 417; and
(2) is located in an area that meets one or more of the criteria established in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)), as determined by the Secretary of Commerce.
(g)
(1)
(2)
(3)
(A) 180 days after the date on which the eligibility of covered equipment for Airport Improvement Program funding under the authority described in paragraph (2) terminates or is discontinued by the Administrator; or
(B) 5 years after the date of enactment of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103–305, title I, §114, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104–264, title I, §149(c), title XII, §1211, Oct. 9, 1996, 110 Stat. 3227, 3282; Pub. L. 106–181, title I, §126, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71, title I, §119(a)(4), Nov. 19, 2001, 115 Stat. 629; Pub. L. 108–176, title I, §§162, 163, Dec. 12, 2003, 117 Stat. 2513; Pub. L. 112–95, title I, §137, Feb. 14, 2012, 126 Stat. 24; Pub. L. 113–235, div. K, title I, §119F, Dec. 16, 2014, 128 Stat. 2704; Pub. L. 115–31, div. K, title I, §119E, May 5, 2017, 131 Stat. 734; Pub. L. 115–254, div. B, title I, §134, Oct. 5, 2018, 132 Stat. 3209; Pub. L. 117–254, §2(a), Dec. 20, 2022, 136 Stat. 2361.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47109(a) | 49 App.:2209(a), (b). | Sept. 3, 1982, Pub. L. 97–248, §510, 96 Stat. 685. |
| 47109(b) | 49 App.:2209(c). | |
| 47109(c) | 49 App.:2212(b)(5). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(5), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, §111(a)(2), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §110(b), 106 Stat. 4880. |
In subsection (a), before clause (1), the words "Except as provided in subsections (b) and (c) of this section" are substituted for "Except as otherwise provided in this chapter" because subsections (b) and (c) restate the only parts of the chapter that provide exceptions to the general rule stated in subsection (a). In clauses (1) and (2), the words "for a project" are substituted for "payable on account of any project contained in an approved project grant application submitted in accordance with this chapter" in 49 App.:2209(a) and "payable on account of any project contained in an approved project grant application" in 49 App.:2209(b) for consistency in this chapter and to eliminate unnecessary words. A project cost is allowable only if it is incurred under a grant agreement made under the chapter, and a grant agreement may be made only if the project grant application is approved. In clause (1), the words "number of passenger boardings" are substituted for "enplaning . . . of the . . . passengers enplaned" because of the definition of "passenger boardings" in section 47102 of the revised title.
In subsection (b), the words "If, under subsection (a) of this section, the Government's share of allowable costs . . . is less than the share applied on June 30, 1975, under section 17(b) of the Airport and Airway Development Act of 1970" and "(3) the percentage necessary to increase the Government's share to the percentage that applied on June 30, 1975, under section 17(b) of the Act" are substituted for 49 App.:2209(c) (last sentence) for clarity. The words "of the total of all lands therein" are omitted as surplus.
In subsection (c), the words "Notwithstanding subsections (a) and (b) of this section" are substituted for "Notwithstanding any other provision of this chapter" because subsections (a) and (b) are the only other parts of the chapter that specify the United States Government's share of allowable project costs.
Section 17(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (b), is section 17(b) of Pub. L. 91–258, which was classified to section 1717(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
The date of enactment of this subsection, referred to in subsec. (g)(3)(B), is the date of enactment of Pub. L. 117–254, which was approved Dec. 20, 2022.
2022—Subsec. (g). Pub. L. 117–254 added subsec. (g).
2018—Subsec. (a)(1). Pub. L. 115–254, §134(1), substituted "medium or large hub airport;" for "primary airport having at least .25 percent of the total number of passenger boardings each year at all commercial service airports;".
Subsec. (a)(5). Pub. L. 115–254, §134(2), added par. (5) and struck out former par. (5) which read as follows: "for fiscal year 2002, 100 percent for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L)."
2017—Subsec. (c)(2). Pub. L. 115–31 amended par. (2) generally. Prior to amendment, text read as follows: "The Government's share of allowable project costs determined under this subsection shall not exceed the lesser of 93.75 percent or the highest percentage Government share applicable to any project in any State under subsection (b), except that at a primary non-hub airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government's share shall be an average of the Government share applicable to any project in each of the States."
2014—Subsec. (c)(2). Pub. L. 113–235 inserted before period at end ", except that at a primary non-hub airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government's share shall be an average of the Government share applicable to any project in each of the States".
2012—Subsec. (a). Pub. L. 112–95, §137(1), substituted "otherwise provided in this section" for "provided in subsection (b) or subsection (c) of this section" in introductory provisions.
Subsecs. (e), (f). Pub. L. 112–95, §137(2), added subsecs. (e) and (f).
2003—Subsec. (a). Pub. L. 108–176, §162(b), substituted "Except as provided in subsection (b) or subsection (c)" for "Except as provided in subsection (b)" in introductory provisions.
Subsec. (a)(4). Pub. L. 108–176, §163, substituted "70 percent" for "40 percent".
Subsecs. (c), (d). Pub. L. 108–176, §162(a), added subsec. (c) and redesignated former subsec. (c) as (d).
2001—Subsec. (a)(5). Pub. L. 107–71 added par. (5).
2000—Subsec. (a)(2) to (4). Pub. L. 106–181 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
1996—Subsec. (a)(3). Pub. L. 104–264, §149(c), added par. (3).
Subsec. (c). Pub. L. 104–264, §1211, added subsec. (c).
1994—Subsec. (a). Pub. L. 103–305, §114(1), substituted "subsection (b)" for "subsections (b) and (c)".
Subsec. (c). Pub. L. 103–305, §114(2), struck out subsec. (c) which read as follows: "(c)
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.
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.
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.
Pub. L. 117–254, §2(b), Dec. 20, 2022, 136 Stat. 2361, provided that: "Not later than 90 days after the date of enactment of this Act [Dec. 20, 2022], the Administrator of the Federal Aviation Administration shall conduct an outreach effort to make airports aware of the higher cost share authority established in section 47109(g) of title 49, United States Code, as added by subsection (a)."
Pub. L. 117–254, §2(d), Dec. 20, 2022, 136 Stat. 2362, provided that: "The amendments made by this Act [amending this section] shall apply to amounts that first become available in fiscal year 2023 or thereafter."
Pub. L. 108–176, title I, §161, Dec. 12, 2003, 117 Stat. 2513, as amended by Pub. L. 110–190, §4(c), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, §3(c)(3), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(i), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(h), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(i), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(h), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(h), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(h), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(h), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(h), Aug. 1, 2010, 124 Stat. 2350; Pub. L. 111–249, §5(i), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(h), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(h), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(h), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(h), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(h), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(i), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(i), Jan. 31, 2012, 126 Stat. 4, provided that: "Notwithstanding section 47109(a) of title 49, United States Code, the Government's share of allowable project costs for a grant made in any of fiscal years 2009 through 2011, or in the portion of fiscal year 2012 ending before February 18, 2012, under chapter 471 of that title for a project described in paragraph (2) or (3) of that section shall be 95 percent."
[Pub. L. 110–253, §3(c)(3), which directed amendment of section 161 of Pub. L. 108–176, set out above, by substituting "fiscal year 2008." for "fiscal year 2008 before July 1, 2008.", was executed by substituting "fiscal year 2008," for "fiscal year 2008 before July 1, 2008," to reflect the probable intent of Congress.]
(a)
(b)
(1)(A) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type; or
(B) if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if—
(i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000;
(ii) the level of contractor's control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport;
(iii) the contract specifies application of the incentive structure in the event of unforeseeable, non-weather delays beyond the control of the contractor;
(iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and
(v) the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project's duration;
(2)(A) if the cost is incurred after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed;
(B) if the cost is incurred after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;
(C) if the Government's share is paid only with amounts apportioned under paragraphs (1) and (2) of section 47114(c) or section 47114(d)(3)(A) and if the cost is incurred—
(i) after September 30, 1996;
(ii) before a grant agreement is executed for the project; and
(iii) in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after the grant agreement had been executed; or
(D) if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if—
(i) the cost was incurred before execution of the grant agreement because the airport has a shortened construction season due to climatic conditions in the vicinity of the airport;
(ii) the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement, including submission of a complete grant application to the appropriate regional or district office of the Federal Aviation Administration;
(iii) the sponsor notifies the Secretary before authorizing work to commence on the project;
(iv) the sponsor has an alternative funding source available to fund the project; and
(v) the sponsor's decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted;
(5) if the total costs allowed for the project are not more than the amount stated in the grant agreement as the maximum the Government will pay (except as provided in section 47108(b) of this title);
(6) if the cost is for a project not described in section 47102(3) for acquiring for use at a commercial service airport vehicles and ground support equipment owned by an airport that include low-emission technology, but only to the extent of the incremental cost of equipping such vehicles or equipment with low-emission technology, as determined by the Secretary; and
(7) if the cost is incurred on a measure to improve the efficiency of an airport building (such as a measure designed to meet one or more of the criteria for being considered a high-performance green building as set forth under section 401(13) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(13))) and—
(A) the measure is for a project for airport development;
(B) the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; and
(C) if the measure results in an increase in initial project costs, the increase is justified by expected savings over the life cycle of the project.
(c)
(1) necessarily incurred in formulating an airport development project, including costs incurred for field surveys, plans and specifications, property interests in land or airspace, and administration or other incidental items that would not have been incurred except for the project; or
(2) necessarily and directly incurred in developing the work scope of an airport planning project.
(d)
(1) the Government's share of such costs will be paid with funds apportioned to the airport sponsor under section 47114(c)(1) or 47114(d);
(2) the Secretary determines that the relocation or replacement is required due to a change in the Secretary's design standards; and
(3) the Secretary determines that the change is beyond the control of the airport sponsor.
(e)
(2) Paragraph (1) of this subsection applies to a project—
(A) about which the sponsor notifies the Secretary, before the project begins, of the sponsor's intent to carry out the project;
(B) that will comply with all statutory and administrative requirements that would apply to the project if it were carried out with amounts made available under this subchapter; and
(C) that meets the criteria of section 47115(d) and, if for a project at a commercial service airport having at least 0.25 percent of the boardings each year at all such airports, the Secretary decides will enhance system-wide airport capacity significantly.
(3) A letter of intent issued under paragraph (1) of 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 appropriation laws.
(4) The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph (1) of this subsection may not be more than the amount authorized to carry out section 48103 of this title, less an amount reasonably estimated by the Secretary to be needed for grants under section 48103 that are not covered by a letter.
(5)
(6)
(7)
(A) the application was approved in fiscal year 2019; and
(B) the project meets all other requirements set forth in this chapter.
(f)
(1) constructing a public parking facility for passenger automobiles;
(2) constructing, altering, or repairing part of an airport building, except to the extent the building will be used for facilities or activities directly related to the safety of individuals at the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art works.
(g)
(h)
(i)
(1) update Advisory Circular No. 150/5220–25 to specify which systems have been studied; and
(2) within 180 days after such research is concluded, issue a final report on the use of avian radar systems in the national airspace system.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103–305, title I, §115, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(64), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §144, Oct. 9, 1996, 110 Stat. 3222; Pub. L. 106–181, title I, §127, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71, title I, §119(a)(2), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§145, 149(b), 159(c), Dec. 12, 2003, 117 Stat. 2504, 2505, 2511; Pub. L. 109–115, div. A, title I, §176(b), Nov. 30, 2005, 119 Stat. 2427; Pub. L. 112–95, title I, §§111(c)(2)(A)(ii), 138, Feb. 14, 2012, 126 Stat. 18, 25; Pub. L. 115–254, div. B, title I, §184(b), title V, §539(n), Oct. 5, 2018, 132 Stat. 3234, 3371; Pub. L. 117–186, §2, Oct. 10, 2022, 136 Stat. 2199.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(a) | 49 App.:2212(a) (1st, last sentences). | Sept. 3, 1982, Pub. L. 97–248, §513(a), 96 Stat. 689; Aug. 4, 1989, Pub. L. 101–71, §3, 103 Stat. 181. |
| 47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2) (words before period), (3), (4)). | |
| 47110(c) | 49 App.:2212(a) (2d sentence cl. (2) (words after period)). | |
| 47110(d) | 49 App.:2212(b)(1), (6). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(1), (6), 96 Stat. 691; Oct. 31, 1992, Pub. L. 102–581, §110(a), 106 Stat. 4879. |
| 47110(e) | 49 App.:2212(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §513(d); added Dec. 30, 1987, Pub. L. 100–223, §111(c), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §111, 106 Stat. 4880. |
| 47110(f) | 49 App.:2212(c). | Sept. 3, 1982, Pub. L. 97–248, §513(c), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, §111(b), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §107(c)(2), 106 Stat. 4879. |
In subsection (a), the words "for airport development or airport planning" are omitted because of the definition of "project" in section 47102 of the revised title. The text of 49 App.:2212(a) (last sentence) is omitted as surplus because of 49:322(a).
In subsection (b)(1), the word "approved" is omitted as surplus because a project that was not approved could not be carried out in compliance with a grant agreement. The words "in compliance with the grant agreement made for the project under this subchapter" are substituted for "in conformity with the terms and conditions of the grant agreement entered into in connection with the project" to eliminate unnecessary words. The word "sponsor" is substituted for "recipient" for clarity.
In subsection (b)(2)(A), the words "with respect to the project" are omitted as unnecessary because "the grant agreement" means "the grant agreement made for the project" referred to in clause (1) of this subsection. The words "under the project" are omitted as surplus.
Subsection (b)(3) is substituted for "in the opinion of the Secretary it is reasonable in amount, and if the Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as the Secretary determines to be reasonable" to eliminate unnecessary words.
Subsection (b)(5) is substituted for "except that in no event may the Secretary allow project costs in excess of the definite amount stated in the grant agreement except to the extent authorized by section 2211(b) of this Appendix" for consistency in this section.
In subsection (c), before clause (1), the words "The Secretary may decide that a project cost . . . is allowable" are substituted for "However, the allowable costs of a project . . . may include . . . and the allowable costs of a project . . . may include" for clarity and consistency in the revised title. The words "incurred after May 13, 1946, and before the date the grant agreement is executed" are substituted for "which were incurred prior to the execution of the grant agreement and subsequent to May 13, 1946" and "which were incurred subsequent to May 13, 1946" to eliminate unnecessary words. In clause (1), the words "preparation of", "acquisition of", "by the sponsor specifically in connection with the accomplishment of the project for airport development" are omitted as surplus. The words "property interests in land or airspace" are substituted for "land or interests therein or easements through or other interests in airspace" to eliminate unnecessary words.
In subsection (d)(1), before clause (A), the words "The Secretary may decide that the cost . . . is allowable" are substituted for "the Secretary may approve, as allowable project costs" and "The Secretary shall approve project costs allowable under paragraph (1) of this subsection" for clarity and consistency in this section. In clause (B), the words "the boundaries of" are omitted as surplus. In clause (C), the words "and conditions" are omitted as being included in "terms".
In subsection (d)(2), the words "In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs" are substituted for "In the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as allowable project costs" for consistency in this subsection.
In subsection (e)(1), the word "sponsor" is substituted for "applicant" for consistency. The words "stipulated as" and "Subject to the provisions of this paragraph" are omitted as surplus. The word "reimburse" is substituted for "make payments under paragraph (2) of this subsection" and "pay" for clarity. The words "payable on account of such project in accordance with such letter of intent" are omitted as surplus.
In subsection (e)(2), before clause (A), the text of 49 App.:2212(d)(1)(C) (last sentence) is omitted as obsolete.
In subsection (e)(3), the words "A letter of intent issued" are substituted for "action" for clarity. The word "deemed" before "an obligation" is omitted as surplus.
In subsection (f)(2), the words "of a hangar or" are omitted as being included in "airport building".
The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for 49:47110(c) are included to correct a mistake on p. 405 of H. R. Rept. 103–180 (103d Cong., 1st Sess., July 15, 1993).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2)(A) (words before period), (B), (3), (4)). | Sept. 3, 1982, Pub. L. 97–248, §513(a) (2d sentence), as amended May 26, 1994, Pub. L. 103–260, §106, 108 Stat. 699. |
| 47110(c) | 49 App.:2212(a) (2d sentence cl. (2)(A) (words after period). |
In subsection (b)(2)(C)(ii), the words "before the cost is incurred" are added for clarity.
2022—Subsec. (b)(1). Pub. L. 117–186, §2(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (e)(7). Pub. L. 117–186, §2(b), substituted "
2018—Subsec. (b)(2)(B). Pub. L. 115–254, §539(n)(1), substituted "compatibility" for "compatability".
Subsec. (b)(2)(D)(i). Pub. L. 115–254, §539(n)(2), substituted "climatic" for "climactic".
Subsec. (e)(7). Pub. L. 115–254, §184(b), added par. (7).
2012—Subsec. (b)(2)(D). Pub. L. 112–95, §138(a), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "if the cost is incurred after September 11, 2001, for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L) and shall not depend upon the date of execution of a grant agreement made under this subchapter;".
Subsec. (b)(7). Pub. L. 112–95, §138(b), added par. (7).
Subsec. (d). Pub. L. 112–95, §138(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to terminal development costs.
Subsec. (e)(5). Pub. L. 112–95, §111(c)(2)(A)(ii), substituted "charge" for "fee".
Subsec. (h). Pub. L. 112–95, §138(d), inserted "construction" before "costs of revenue producing" and struck out ", including fuel farms and hangars," before "are allowable".
Subsec. (i). Pub. L. 112–95, §138(e), added subsec. (i).
2005—Subsec. (d)(2)(A). Pub. L. 109–115, which directed amendment of section 47110(d)(2)(A), without specifying the title to be amended, by substituting "(A) except as provided in section 47108(e)(3), the" for "(A) the", was executed to this section, to reflect the probable intent of Congress.
2003—Subsec. (b)(1). Pub. L. 108–176, §145, inserted "and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type" before semicolon at end.
Subsec. (b)(2)(C). Pub. L. 108–176, §149(b)(1), substituted "or section 47114(d)(3)(A)" for "of this title" in introductory provisions.
Subsec. (b)(6). Pub. L. 108–176, §159(c), added par. (6).
Subsec. (g). Pub. L. 108–176, §149(b)(2), inserted "or section 47114(d)(3)(A)" after "of section 47114(c)" and substituted "of the project" for "of project".
Subsec. (h). Pub. L. 108–176, §149(b)(3), added subsec. (h).
2001—Subsec. (b)(2)(D). Pub. L. 107–71 added subpar. (D).
2000—Subsec. (e)(2)(C). Pub. L. 106–181, §127(1), added subpar. (C) and struck out former subpar. (C) which read as follows: "the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of section 47115(d) of this title."
Subsec. (e)(5). Pub. L. 106–181, §127(2), added par. (5) and struck out former par. (5) which read as follows: "A letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on the imposition of a passenger facility fee."
1996—Subsec. (b)(2)(C). Pub. L. 104–264, §144(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "if the Government's share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred—
"(i) during the fiscal year ending September 30, 1994;
"(ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and
"(iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending September 30, 1994;".
Subsec. (g). Pub. L. 104–264, §144(b), added subsec. (g).
1994—Subsec. (b)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "if the cost is incurred—
"(A) after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; or
"(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;".
Subsec. (e)(6). Pub. L. 103–305 added par. (6).
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.
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.
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.
Pub. L. 108–7, div. I, title III, §367, Feb. 20, 2003, 117 Stat. 423, provided that:
"(a) The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] may issue a letter of intent to an airport 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) at the airport. The letter shall establish a schedule under which the Under Secretary will reimburse the airport for the Government's share of the project's costs, as amounts become available, if the airport, after the Under Secretary issues the letter, carries out the project without receiving amounts under Chapter 471 of title 49 [United States Code].
"(b) The airport shall notify the Under Secretary of the airport's intent to carry out the airport security improvement project before the project begins.
"(c) A letter of intent may be issued under this section only if—
"(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and
"(2) The Under Secretary determines that the project will improve security or will improve the efficiency of the airport without lessening security.
"(d) A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 [United States Code], 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.
"(e) The Government's share of the project's cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport.
"(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued.
"(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter of intent under this section.
"(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007."
Pub. L. 102–388, title III, §320, Oct. 6, 1992, 106 Stat. 1546, provided that: "The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval 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 Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives." Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–143, title III, §320, Oct. 28, 1991, 105 Stat. 942.
Pub. L. 101–516, title III, §320, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101–164 title III, §326, Nov. 21, 1989, 103 Stat. 1096.
Pub. L. 100–457, title III, §334, Sept. 30, 1988, 102 Stat. 2153.
(a)
(b)
(c)
(d)
(A) notifies the sponsor and provides an opportunity for a hearing; and
(B) finds that the sponsor has violated the agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding a payment may apply for review of the order by filing a petition 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 project is located. The petition must be filed not later than 60 days after the order is served on the petitioner.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1266; Pub. L. 103–305, title I, §112(b), Aug. 23, 1994, 108 Stat. 1575; Pub. L. 113–188, title XV, §1501(b)(2)(C), Nov. 26, 2014, 128 Stat. 2024.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47111(a) | 49 App.:2213 (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, §514, 96 Stat. 691. |
| 47111(b) | 49 App.:2213 (3d, 4th sentences). | |
| 47111(c) | 49 App.:2213 (last sentence). | |
| 47111(d) | 49 App.:2218(b) (related to payment). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §519(b) (related to payment); added Dec. 30, 1987, Pub. L. 100–223, §112(2), 101 Stat. 1504. |
In subsection (a), the words "the terms of" are omitted as surplus. The words "totaling" and "total" are substituted for "in an aggregate amount" and "aggregate" for consistency in the revised title. The words "from time to time" are omitted as surplus. The words "before the project is completed" are substituted for "in advance of accomplishment of the airport project to which the payments relate" for consistency in this chapter and to eliminate unnecessary words.
In subsection (b), the words "at any time" are omitted as surplus. The words "project for which an advance payment was made has not been completed within a reasonable time" are substituted for "any airport development to which the advance payments relate has not been accomplished within a reasonable time or the project is not completed" for clarity, for consistency in this chapter, and to eliminate unnecessary words.
In subsection (d)(1) and (2), the word "sponsor" is substituted for "recipient" and "grant recipient" for clarity.
In subsection (d)(2)(A), the word "mutual" is omitted as surplus.
In subsection (d)(3), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title and with other titles of the United States Code. The words "the date on which" are omitted as surplus.
2014—Subsec. (e). Pub. L. 113–188 substituted "section 47107(k)" for "section 47107(l)".
1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs. (e) and (f).
1 So in original. Probably should be "charge".
(a)
(b)
(c)
(A) "disabled veteran" has the same meaning given that term in section 2108 of title 5.
(B) "Vietnam-era veteran" means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces for more than 180 consecutive days, any part of which occurred after August 4, 1964, and before May 8, 1975, and who was discharged or released from active duty in the armed forces under honorable conditions.
(C) "Afghanistan-Iraq war veteran" means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces in support of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom's Sentinel, or any successor contingency operation to such operations for more than 180 consecutive days, any part of which occurred after September 11, 2001, and before the date prescribed by presidential proclamation or by law as the last day of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom's Sentinel, or any successor contingency operation to such operations (whichever is later), and who was discharged or released from active duty in the armed forces under honorable conditions.
(D) "Persian Gulf veteran" means an individual who served on active duty in the armed forces in the Southwest Asia theater of operations during the Persian Gulf War for more than 180 consecutive days, any part of which occurred after August 2, 1990, and before the date prescribed by presidential proclamation or by law, and who was discharged or released from active duty in the armed forces under honorable conditions.
(2) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans when they are available and qualified for the employment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1267; Pub. L. 107–217, §3(n)(8), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 112–95, title I, §139, Feb. 14, 2012, 126 Stat. 26; Pub. L. 115–254, div. B, title I, §135, Oct. 5, 2018, 132 Stat. 3209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47112(a) | 49 App.:2214(a). | Sept. 3, 1982, Pub. L. 97–248, §515, 96 Stat. 691. |
| 47112(b) | 49 App.:2214(b). | |
| 47112(c) | 49 App.:2214(c). |
In this section, the words "for an airport development project carried out under a grant agreement under this subchapter" are substituted for "on any project for airport development contained in an approved project grant application submitted in accordance with this chapter" in 49 App.:2214(a), "on projects for airport development approved under this chapter" in 49 App.:2214(b), and "under project grants for airport development approved under this chapter" in 49 App.:2214(c) for clarity and consistency in this section. See H.R. Rept. No. 97–760, 97th Cong., 2d Sess., p. 715 (1982).
In subsection (a), the words "or sponsors" are omitted because of 1:1.
In subsection (b), the words "must require contractors to pay labor minimum wage rates" are substituted for "shall contain provisions establishing minimum rates of wages . . . which contractors shall pay to skilled and unskilled labor" to eliminate unnecessary words. The word "proposals" is omitted as included in "bids".
Subsection (c)(1)(A) is substituted for "a disabled veteran is an individual described in section 2108(2) of title 5" for consistency in the revised title and with other titles of the Code.
In subsection (c)(1)(B), the words "after August 4, 1964, and before May 8, 1975" are substituted for "during the period beginning August 5, 1964, and ending May 7, 1975" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (c)(2), the words "must require that" are substituted for "shall contain such provisions as are necessary to insure that", and the words "when they are available and qualified for the employment" are substituted for "However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates", to eliminate unnecessary words.
2018—Subsec. (c)(1)(C). Pub. L. 115–254 substituted "Operation New Dawn, Operation Inherent Resolve, Operation Freedom's Sentinel, or any successor contingency operation to such operations for more" for "or Operation New Dawn for more" and "Operation New Dawn, Operation Inherent Resolve, Operation Freedom's Sentinel, or any successor contingency operation to such operations (whichever is later)" for "or Operation New Dawn (whichever is later)".
2012—Subsec. (c)(1)(B). Pub. L. 112–95, §139(1)(A), substituted "discharged or released from active duty in" for "separated from".
Subsec. (c)(1)(C), (D). Pub. L. 112–95, §139(1)(B), added subpars. (C) and (D).
Subsec. (c)(2). Pub. L. 112–95, §139(2), substituted "Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans" for "Vietnam-era veterans and disabled veterans".
2002—Subsec. (b). Pub. L. 107–217 substituted "sections 3141–3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)".
Pub. L. 115–254, div. B, title I, §156(a), (b), Oct. 5, 2018, 132 Stat. 3217, 3218, provided that:
"(a)
"(b)
Pub. L. 112–95, title I, §154, Feb. 14, 2012, 126 Stat. 35, which provided that the Administrator of the Federal Aviation Administration review as early as possible construction projects in States in which the weather prevents major projects from being carried out before May 1, was repealed by Pub. L. 115–254, div. B, title I, §156(c), Oct. 5, 2018, 132 Stat. 3218.
(a)
(1) "small business concern"—
(A) has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632); but
(B) in the case of a concern in the construction industry, a concern shall be considered a small business concern if the concern meets the size standard for the North American Industry Classification System Code 237310, as adjusted by the Small Business Administration;
(2) "socially and economically disadvantaged individual" has the same meaning given that term in section 8(d) of the Act (15 U.S.C. 637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that women are presumed to be socially and economically disadvantaged; and
(3) the term "qualified HUBZone small business concern" has the meaning given that term in section 31(b) of the Small Business Act.
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(A) who is required to provide a written assurance under this section or section 47107(e) that the airport owner or operator will meet the percentage goal of subsection (b) of this section or section 47107(e)(1), as the case may be; or
(B) who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section 47107(e).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, §6(65), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 105–135, title VI, §604(h)(2), Dec. 2, 1997, 111 Stat. 2635; Pub. L. 112–95, title I, §140(b), Feb. 14, 2012, 126 Stat. 27; Pub. L. 115–91, div. A, title XVII, §1701(a)(4)(G)(ii), Dec. 12, 2017, 131 Stat. 1796; Pub. L. 115–254, div. B, title I, §150, title V, §539(o), Oct. 5, 2018, 132 Stat. 3215, 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47113(a) | 49 App.:2204(d)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §505(d); added Dec. 30, 1987, Pub. L. 100–223, §105(f), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, §117(c), 106 Stat. 4883. |
| 47113(b) | 49 App.:2204(d)(1). | |
| 47113(c) | 49 App.:2204(d)(4). | |
| 47113(d) | 49 App.:2204(d)(3). |
In subsection (a)(1)(B), the words "or individuals" are omitted because of 1:1.
In subsection (a)(2), the reference is to section 8(c) of the Act because 15:637(d) was redesignated as 15:637(c) by section 3 of the Women's Business Development Act of 1991 (Public Law 102–191, 105 Stat. 1591).
In subsection (b), the words "beginning after September 30, 1987" are omitted as obsolete.
This amends 49:47113(a)(2) to correct erroneous cross-references.
Section 31(b) of the Small Business Act, referred to in subsec. (a)(3), is classified to section 657a(b) of Title 15, Commerce and Trade.
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
2018—Subsec. (a)(1). Pub. L. 115–254, §150, amended par. (1) generally. Prior to amendment, par. (1) read as follows: " 'small business concern'—
"(A) has the same meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); but
"(B) does not include a concern, or group of concerns controlled by the same socially and economically disadvantaged individual, that has average annual gross receipts over the prior 3 fiscal years of more than $16,015,000, as adjusted by the Secretary of Transportation for inflation;".
Subsec. (a)(3). Pub. L. 115–254, §539(o), substituted "(15 U.S.C. 632(p))" for "(15 U.S.C. 632(o))".
2017—Subsec. (a)(3). Pub. L. 115–91 substituted "section 31(b) of the Small Business Act" for "section 3(p) of the Small Business Act (15 U.S.C. 632(o))".
2012—Subsec. (e). Pub. L. 112–95 added subsec. (e).
1997—Subsec. (a). Pub. L. 105–135, §604(h)(2)(A), substituted semicolon for period at end of par. (1), substituted "; and" for period at end of par. (2), and added par. (3).
Subsec. (b). Pub. L. 105–135, §604(h)(2)(B), inserted "or qualified HUBZone small business concerns" before period at end.
1994—Subsec. (a)(2). Pub. L. 103–429 substituted "8(d)" for "8(c)" in two places and "637(d))" for "637(c))".
Amendment by Pub. L. 115–91 effective Jan. 1, 2020, see section 1701(j) of Pub. L. 115–91, set out as a note under section 657a of Title 15, Commerce and Trade.
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.
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.
Pub. L. 115–254, div. B, title I, §157, Oct. 5, 2018, 132 Stat. 3218, provided that:
"(a)
"(1) While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program (sections 47107(e) and 47113 of title 49, United States Code), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program.
"(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem.
"(3) This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects of airport-related business in the public and private markets.
"(4) This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) whether requirements relating to the inclusion of prompt payment language in contracts are being satisfied;
"(ii) whether and how airports are enforcing prompt payment requirements;
"(iii) the processes by which covered complaints are received and resolved by airports;
"(iv) whether improvements need to be made to—
"(I) better track covered complaints received by airports; and
"(II) assist the resolution of covered complaints in a timely manner;
"(v) whether changes to prime contractor specifications need to be made to ensure prompt payments to subcontractors; and,
"(vi) whether changes to prime contractor specifications need to be made to ensure prompt payment of retainage to subcontractors.
"(C)
"(3)
"(A)
"(B)
Pub. L. 112–95, title I, §140(a), Feb. 14, 2012, 126 Stat. 27, provided that: "Congress finds the following:
"(1) While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program (49 U.S.C. 47107(e) and 47113), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program.
"(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem.
"(3) This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects of airport-related business in the public and private markets.
"(4) This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business."
(a)
(b)
(c)
(1)
(A)
(i) $7.80 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;
(iv) $.65 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and
(v) $.50 for each additional passenger boarding at the airport during the prior calendar year.
(B)
(C)
(i) the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned;
(ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather than $650,000; and
(iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather than $22,000,000.
(D)
(E)
(i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment;
(ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and
(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.
(F)
(i) had 10,000 or more passenger boardings during calendar year 2012;
(ii) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2018, 2019, or 2020, as applicable, under subparagraph (A); and
(iii) had scheduled air service at any point in the calendar year used to calculate the apportionment.
(G)
(H)
(I)
(J)
(i) Calendar year 2018.
(ii) Calendar year 2019.
(iii) The prior full calendar year prior to the current fiscal year.
(2)
(A)
(B)
(C)
(D)
(E)
(d)
(1)
(A)
(B)
(2)
(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States.
(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States.
(3)
(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of—
(i) $150,000; or
(ii) 1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103.
(B) Any remaining amount to States as follows:
(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.
(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States.
(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States.
(C) During fiscal years 2019 and 2020—
(i) an airport that accrued apportionment funds under subparagraph (A) in fiscal year 2013 that is listed as having an unclassified status under the most recent national plan of integrated airport systems shall continue to accrue apportionment funds under subparagraph (A) at the same amount the airport accrued apportionment funds in fiscal year 2013, subject to the conditions of this paragraph;
(ii) notwithstanding the period of availability as described in section 47117(b), an amount apportioned to an airport under clause (i) shall be available to the airport only during the fiscal year in which the amount is apportioned; and
(iii) notwithstanding the waiver permitted under section 47117(c)(2), an airport receiving apportionment funds under clause (i) may not waive its claim to any part of the apportioned funds in order to make the funds available for a grant for another public-use airport.
(D) An airport that re-establishes its classified status shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains its classified status.
(4)
(5)
(A) such State requests the use of such specifications; and
(B) the Secretary determines that—
(i) safety will not be negatively affected; and
(ii) the life of the pavement, with necessary maintenance and upkeep, will not be shorter than it would be if constructed using Administration standards.
(6)
(7)
(A) received scheduled or unscheduled air service from a large certificated air carrier (as defined in part 241 of title 14, Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) in the calendar year used to calculate the apportionment; and
(B) had more than 10,000 passenger boardings in the calendar year used to calculate the apportionment.
(e)
(1)
(A) for each primary airport at least as much as would be apportioned for the airport under subsection (c)(1) of this section; and
(B) a total amount at least equal to the minimum amount required to be apportioned to airports in Alaska in the fiscal year ending September 30, 1980, under section 15(a)(3)(A) of the Act.
(2)
(3)
(4)
(f)
(1)
(A) in the case of a charge of $3.00 or less—
(i) except as provided in clause (ii), 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; or
(ii) with respect to an airport in Hawaii, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the excess of—
(I) the amount that otherwise would be apportioned under this section; over
(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers; and
(B) in the case of a charge of more than $3.00—
(i) except as provided in clause (ii), 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section; or
(ii) with respect to an airport in Hawaii, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the excess of—
(I) the amount that otherwise would be apportioned under this section; over
(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers.
(2)
(3)
(A)
(B)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, §6(66), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §121, Oct. 9, 1996, 110 Stat. 3217; Pub. L. 106–181, title I, §§104(a)–(d), 105(c), Apr. 5, 2000, 114 Stat. 67–71; Pub. L. 108–176, title I, §§146, 147, Dec. 12, 2003, 117 Stat. 2504; Pub. L. 109–115, div. A, title I, §109, Nov. 30, 2005, 119 Stat. 2402; Pub. L. 112–95, title I, §§111(c)(2)(A)(iii), 141–143, Feb. 14, 2012, 126 Stat. 18, 28, 29; Pub. L. 114–190, title II, §2301, July 15, 2016, 130 Stat. 638; Pub. L. 115–63, title I, §102(b), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–254, div. B, title I, §§136, 148(b), 151, 164, Oct. 5, 2018, 132 Stat. 3210, 3214, 3215, 3225; Pub. L. 116–260, div. L, title IV, §422, Dec. 27, 2020, 134 Stat. 1909; Pub. L. 118–15, div. B, title II, §2201(e), Sept. 30, 2023, 137 Stat. 82; Pub. L. 118–34, title I, §101(e), Dec. 26, 2023, 137 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(a), (b) | 49 App.:2206(a) (words before cl. (1)). | Sept. 3, 1982, Pub. L. 97–248, §507(a)(1), (3), (b)(2), (4)–(5)(C), (E), (6), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1494, 1496. |
| 47114(c) (1)(A) | 49 App.:2206(a)(1). | |
| 49 App.:2206(e)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(e), (f), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1497; Nov. 5, 1990, Pub. L. 101–508, §9112(b), 104 Stat. 1388–362. | |
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(a)(2), (b)(1), (3), (5)(F), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1494, 1496; Oct. 31, 1992, Pub. L. 102–581, §106, 106 Stat. 4878. |
| 47114(c)(2) | 49 App.:2206(a)(2), (b)(4), (e)(2). | |
| 47114(c)(3) | 49 App.:2206(b)(2), (3). | |
| 47114(d)(1) | 49 App.:2206(f). | |
| 47114(d)(2) | 49 App.:2206(a)(3). | |
| 47114(d)(3) | 49 App.:2206(b)(6). | |
| 47114(e) | 49 App.:2206(b) (5)(A)–(C), (E), (F). | |
| 47114(f) | 49 App.:2206(b)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §507(b)(7); added Nov. 5, 1990, Pub. L. 101–508, §9111, 104 Stat. 1388–362. |
In subsection (a), the word "newly" is substituted for "and not previously apportioned" for clarity. The words "made available" are substituted for "authorized to be obligated" for clarity and consistency.
In subsection (c)(1)(A), the words "during the prior calendar year" are substituted for 49 App.:2206(b) for clarity.
In subsection (c)(2)(A), the word "cargo" is substituted for "property (including mail)" for consistency in the revised title.
In subsection (c)(3), the words "The total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for a fiscal year" are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words "If this paragraph requires reduction of an amount that otherwise would be apportioned under this subsection" are substituted for "In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)" for clarity.
In subsection (d)(2)(A), the words "the Commonwealth of" are omitted as surplus.
In subsection (d)(2)(B) and (C), the words "except as provided in paragraph (3) of this subsection" are added, and the words "49.5 percent of the apportioned amount" are substituted for "1/2 of the remaining 99 percent", for clarity.
In subsection (d)(3), before clause (A), the words "Notwithstanding subsection (a)(3)(B) of this section" are omitted as surplus.
In subsection (e)(1), before clause (A), the words "Instead of apportioning amounts for airports in Alaska under subsections (c) and (d) of this section" are substituted for "Notwithstanding any other provision of subsection (a) of this section" for clarity.
In subsection (e)(2), the words "be construed as" are omitted as surplus.
In subsection (f), the words "which, but for this paragraph, would be" the first time they appear are omitted as surplus. The words "but not by more than" are substituted for "The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be" to eliminate unnecessary words.
Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1269).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(1), as amended May 26, 1994, Pub. L. 103–260, §103, 108 Stat. 698. |
| 47114(c) (3)(B) | 49 App.:2206(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(3), as amended May 26, 1994, Pub. L. 103–260, §102, 108 Stat. 698. |
In subsection (c)(3)(A) and (B), the words "If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection" are substituted for "In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)" for clarity.
In subsection (c)(3)(A), the words "Except as provided in subparagraph (B) of this paragraph" are added for clarity. The words "the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year" are substituted for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.
In subsection (c)(3)(B), the words "the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year" are substituted for 49 App.:2206(b)(3)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.
Section 15(a) of the Airport and Airway Development Act of 1970, referred to in subsec. (e)(1), is section 15(a) of Pub. L. 91–258, which was classified to section 1715(a) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
2023—Subsec. (c)(1)(J). Pub. L. 118–34 substituted "March 8, 2024," for "December 31, 2023,".
Pub. L. 118–15 substituted "2023, and for the period beginning on October 1, 2023, and ending on December 31, 2023, to" for "2023 to".
2020—Subsec. (c)(1)(J). Pub. L. 116–260 added subpar. (J).
2018—Subsec. (c)(1)(F) to (H). Pub. L. 115–254, §151, added subpars. (F) to (H) and struck out former subpar. (F) which related to apportionment of funds for fiscal years 2017 and 2018 to sponsors of primary airports.
Subsec. (c)(1)(I). Pub. L. 115–254, §164, added subpar. (I).
Subsec. (d)(3)(C), (D). Pub. L. 115–254, §148(b), added subpars. (C) and (D).
Subsec. (d)(5). Pub. L. 115–254, §136, amended par. (5) generally. Prior to amendment, text read as follows:
"(A)
"(i) safety will not be negatively affected; and
"(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards.
"(B)
2017—Subsec. (c)(1)(F). Pub. L. 115–63 struck out "for fiscal year 2017" after "rule" in heading and substituted "for each of fiscal years 2017 and 2018 an amount" for "for fiscal year 2017 an amount" in introductory provisions.
2016—Subsec. (c)(1)(F). Pub. L. 114–190 amended subpar. (F) generally. Prior to amendment, text read as follows: "Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009."
2012—Subsec. (c)(1)(F), (G). Pub. L. 112–95, §141(b), added subpar. (F) and struck out former subpars. (F) and (G) which related, respectively, to special rules for fiscal years 2004 and 2005 and to special rule for fiscal year 2006.
Subsec. (d)(7). Pub. L. 112–95, §141(a), added par. (7).
Subsec. (f). Pub. L. 112–95, §111(c)(2)(A)(iii), substituted "charge" for "fee" wherever appearing.
Subsec. (f)(1)(A), (B). Pub. L. 112–95, §143, added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
"(A) in the case of a charge of $3.00 or less, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and
"(B) in the case of a charge of more than $3.00, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section."
Subsec. (g). Pub. L. 112–95, §142, added subsec. (g).
2005—Subsec. (c)(1)(G). Pub. L. 109–115 added subpar. (G).
2003—Subsec. (c)(1)(F). Pub. L. 108–176, §146(a), added subpar. (F).
Subsec. (c)(2). Pub. L. 108–176, §147(1), struck out "
Subsec. (c)(2)(A). Pub. L. 108–176, §147(2), substituted "3.5 percent" for "3 percent".
Subsec. (f)(3). Pub. L. 108–176, §146(b)(1), substituted "
Subsec. (f)(3)(B). Pub. L. 108–176, §146(b)(2), substituted "fiscal year 2004" for "fiscal years 2000 through 2003".
2000—Subsec. (c)(1). Pub. L. 106–181, §104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins.
Subsec. (c)(1)(B). Pub. L. 106–181, §104(a)(1)(A), (2)(B), (C), inserted heading, substituted "$650,000" for "$500,000", and realigned margins.
Subsec. (c)(1)(C) to (E). Pub. L. 106–181, §104(a)(1)(B), added subpars. (C) to (E).
Subsec. (c)(2)(A). Pub. L. 106–181, §104(b)(1), substituted "3 percent" for "2.5 percent".
Subsec. (c)(2)(C). Pub. L. 106–181, §104(b)(2), substituted "In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than" for "Not more than".
Subsec. (d). Pub. L. 106–181, §104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3).
Subsec. (e). Pub. L. 106–181, §104(d)(1), substituted "Supplemental" for "Alternative" in heading.
Subsec. (e)(1). Pub. L. 106–181, §104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted "Notwithstanding" for "Instead of apportioning amounts for airports in Alaska under" and "airports in Alaska" for "those airports".
Subsec. (e)(2). Pub. L. 106–181, §104(d)(3), (5), inserted heading and realigned margins.
Subsec. (e)(3), (4). Pub. L. 106–181, §104(d)(4), added pars. (3) and (4) and struck out former par. (3) which read as follows: "Airports referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency."
Subsec. (f). Pub. L. 106–181, §105(c), designated existing provisions as par. (1), inserted heading, realigned margins, substituted "Subject to paragraph (3), an amount" for "An amount" and "an amount equal to—" and subpars. (A) and (B) for "an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.", and added pars. (2) and (3).
1996—Subsec. (c)(1)(A)(iv). Pub. L. 104–264, §121(a)(1)(B), substituted "of the next 500,000 passenger boardings" for "additional passenger boarding".
Subsec. (c)(1)(A)(v). Pub. L. 104–264, §121(a)(1)(A), (C), (D), added cl. (v).
Subsec. (c)(2). Pub. L. 104–264, §121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
"(2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount subject to apportionment each year, allocated among those airports in the proportion that the total annual landed weight of those aircraft landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under this paragraph may be apportioned for any one airport.
"(B) Landed weight under subparagraph (A) of this paragraph is the landed weight of aircraft landing at each of those airports and all those airports during the prior calendar year."
Subsec. (c)(3). Pub. L. 104–264, §121(a)(3), struck out par. (3) which read as follows:
"(3)(A) Except as provided in subparagraph (B) of this paragraph, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 49.5 percent limit is achieved.
"(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved."
Subsec. (d)(2). Pub. L. 104–264, §121(b)(1), substituted "18.5" for "12" in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 104–264, §121(b)(2), substituted "0.66" for "one".
Subsec. (d)(2)(B), (C). Pub. L. 104–264, §121(b)(3), (4), substituted "49.67" for "49.5" and "excluding primary airports but including reliever and nonprimary commercial service airports," for "except primary airports and airports described in section 47117(e)(1)(C) of this title,".
1994—Subsec. (c)(1)(B). Pub. L. 103–429, §6(66)(A), substituted "$500,000" for "$400,000".
Subsec. (c)(3). Pub. L. 103–429, §6(66)(B), designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B) of this paragraph, the" for "The", "49.5" for "44" in two places, and "If this subparagraph" for "If this paragraph", and added subpar. (B).
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.
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.
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.
Pub. L. 104–264, title I, §125, Oct. 9, 1996, 110 Stat. 3220, which provided that the amendments made by subtitle B (§§121–125) of title I of Pub. L. 104–264, amending this section and sections 47115, 47117, and 47118 of this title, were to cease to be effective on Sept. 30, 1998, and that on and after such date, sections 47114, 47115, 47117, and 47118 of this title were to read as if such amendments had not been enacted, was repealed by Pub. L. 105–277, div. C, title I, §110(a), Oct. 21, 1998, 112 Stat. 2681–587, effective Sept. 29, 1998.
Amendment by section 6(66)(B) of 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.
Pub. L. 107–71, title I, §119(b), Nov. 19, 2001, 115 Stat. 629, provided that, for the purpose of carrying out this section, for fiscal year 2003, the Secretary would use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of the number of passenger boardings at that airport during 2000 or 2001.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
1 So in original. Probably means "subparagraph (A)".
(a)
(1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and
(2) 12.5 percent of amounts not apportioned under section 47114 of this title because of section 47114(f).
(b)
(c)
(1) to preserve and enhance capacity, safety, and security at primary and reliever airports; and
(2) to carry out airport noise compatibility planning and programs at primary and reliever airports.
(d)
(1)
(A) the effect that the project will have on overall national transportation system capacity;
(B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;
(C) the financial commitment from non-United States Government sources to preserve or improve airport capacity;
(D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);
(E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and
(F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport.
(2)
(A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and
(B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.
(e)
(f)
(1)
(2)
(g)
(1)
(A) $148,000,000; plus
(B) the total amount required from the fund to carry out in the fiscal year letters of intent issued before January 1, 1996, under section 47110(e) of this title or the Airport and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.
(2)
(3)
(h)
(i)
(j)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(i) airports that are eligible for apportionment under section 47114(d)(3); and
(ii) nonhub and small hub airports.
(4)
(A)
(i) $1,020,000,000 for fiscal year 2019.
(ii) $1,041,000,000 for fiscal year 2020.
(iii) $1,064,000,000 for fiscal year 2021.
(iv) $1,087,000,000 for fiscal year 2022.
(v) $1,110,000,000 for fiscal year 2023.
(vi) $244,177,049 for the period beginning on October 1, 2023, and ending on March 8, 2024.
(B)
(k)
(1)
(A) the Secretary has approved the application of an airport sponsor under section 47134(b) in fiscal year 2019; and
(B) the grant will—
(i) satisfy an obligation incurred by an airport sponsor under section 47110(e) or funded by a nonpublic sponsor for an airport development project on the airport; or
(ii) provide partial Federal reimbursement for airport development (as defined in section 47102) on the airport layout plan initiated in the fiscal year in which the application was approved, or later, for over a period of not more than 10 years.
(2)
(A) subsection (c) of this section;
(B) section 47117(e); or
(C) any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1270; Pub. L. 103–305, title I, §112(d), Aug. 23, 1994, 108 Stat. 1576; Pub. L. 103–429, §6(67), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §§122, 145, Oct. 9, 1996, 110 Stat. 3218, 3222; Pub. L. 104–287, §5(81), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–6, §§5, 8(a), Mar. 31, 1999, 113 Stat. 10, 11; Pub. L. 107–71, title I, §119(a)(3), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§148, 188, Dec. 12, 2003, 117 Stat. 2504, 2519; Pub. L. 110–253, §3(c)(5), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(f), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(e), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(f), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(e), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(e), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(e), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(e), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(e), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(f), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(e), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(e), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(e), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(e), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(e), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(f), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(f), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §144, Feb. 14, 2012, 126 Stat. 29; Pub. L. 114–55, title I, §102(b), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(b), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(b), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §102(c), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, §102(b), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §§117(a), 158, 184(a), Oct. 5, 2018, 132 Stat. 3201, 3219, 3234; Pub. L. 118–15, div. B, title II, §2202(f), (g), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(f), (g), Dec. 26, 2023, 137 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(a) | 49 App.:2206(c)(1) (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, §507(c), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1496; Nov. 5, 1990, Pub. L. 101–508, §9112(a), 104 Stat. 1388–362. |
| 47115(b) | 49 App.:2206(c)(1) (3d, last sentences). | |
| 47115(c) | 49 App.:2206(c)(2). | |
| 47115(d) | 49 App.:2206(c)(3). | |
| 47115(e) | 49 App.:2206(c)(4). |
In subsection (a), before clause (1), the words "The Secretary of Transportation has a discretionary fund" are added for clarity. In clause (1), the words "subject to apportionment for a fiscal year" are substituted for "which are made available for a fiscal year under section 2204 of this Appendix" and "which have not been previously apportioned by the Secretary" for consistency with section 47114 of the revised title.
In subsection (c), before clause (1), the words "Subject to section 2207(d) of this Appendix and paragraph (4) of this subsection" and "pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987" are omitted as surplus.
In subsection (d), before clause (1), the words "at airports" are omitted as surplus. In clause (3), the words "airport operator or other" are omitted as surplus.
In subsection (e), the words "submitted in compliance with this chapter" and "portion of" are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(f) | 49 App.:2206(c)(5). | Sept. 3, 1982, Pub. L. 97–248, §507(c)(5), as added May 26, 1994, Pub. L. 103–260, §104(a), 108 Stat. 698. |
| 49 App.:2206 (note). | May 26, 1994, Pub. L. 103–260, §104(b), 108 Stat. 699. |
In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 699) is omitted as executed.
This sets out the date of enactment of 49:47115(f), as enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1576).
This redesignates 49:47115(f), as enacted by section 6(67) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4386), as 49:47115(g).
The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
2023—Subsec. (i). Pub. L. 118–34, §102(f), substituted "March 8, 2024" for "December 31, 2023".
Pub. L. 118–15, §2202(f), inserted ", and for the period beginning on October 1, 2023, and ending on December 31, 2023" after "fiscal years 2018 through 2023".
Subsec. (j)(4)(A)(vi). Pub. L. 118–34, §102(g), added cl. (vi) and struck out former cl. (vi) which read as follows: "$140,401,803 for the period beginning on October 1, 2023, and ending on December 31, 2023."
Pub. L. 118–15, §2202(g), added cl. (vi).
2018—Subsec. (i). Pub. L. 115–254, §117(a)(3), substituted "fiscal years 2018 through 2023" for "fiscal years 2012 through 2018".
Pub. L. 115–254, §117(a)(1), (2), redesignated subsec. (j) as (i) and struck out former subsec. (i). Prior to amendment, text of subsec. (i) read as follows: "In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in selecting a project described in section 47102(3)(J) for a grant, shall consider the non-federal resources available to sponsor, the use of such non-federal resources, and the degree to which the sponsor is providing increased funding for the project."
Subsec. (j). Pub. L. 115–254, §158, added subsec. (j).
Pub. L. 115–254, §117(a)(2), redesignated subsec. (j) as (i).
Pub. L. 115–141 substituted "2018" for "2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018".
Subsec. (k). Pub. L. 115–254, §184(a), added subsec. (k).
2017—Subsec. (j). Pub. L. 115–63 inserted "and for the period beginning on October 1, 2017, and ending on March 31, 2018" after "fiscal years 2012 through 2017".
2016—Subsec. (j). Pub. L. 114–190 substituted "fiscal years 2012 through 2017," for "fiscal years 2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016,".
Pub. L. 114–141 substituted "July 15, 2016" for "March 31, 2016".
2015—Subsec. (j). Pub. L. 114–55 inserted "and for the period beginning on October 1, 2015, and ending on March 31, 2016" after "fiscal years 2012 through 2015".
2012—Subsec. (j). Pub. L. 112–95 substituted "For fiscal years 2012 through 2015," for "For fiscal years 2004 through 2011, and for the portion of fiscal year 2012 ending before February 18, 2012,".
Pub. L. 112–91 substituted "February 18, 2012," for "February 1, 2012,".
2011—Subsec. (j). Pub. L. 112–30 substituted "fiscal years 2004 through 2011, and for the portion of fiscal year 2012 ending before February 1, 2012," for "fiscal years 2004 through 2010, and for the portion of fiscal year 2011 ending before 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. (j). Pub. L. 111–329 substituted "April 1, 2011," for "January 1, 2011,".
Pub. L. 111–249 inserted "and for the portion of fiscal year 2011 ending before January 1, 2011," after "2010,".
Pub. L. 111–216 substituted "fiscal years 2004 through 2010," for "fiscal years 2004 through 2009, and for the portion of fiscal year 2010 ending before 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. (j). Pub. L. 111–116 substituted "April 1, 2010," for "January 1, 2010,".
Pub. L. 111–69 inserted "and for the portion of fiscal year 2010 ending before January 1, 2010," after "2009,".
Pub. L. 111–12 substituted "2009," for "2008, and for the portion of fiscal year 2009 ending before April 1, 2009,".
2008—Subsec. (j). Pub. L. 110–330 inserted "and for the portion of fiscal year 2009 ending before April 1, 2009," after "2008,".
Pub. L. 110–253 substituted "fiscal years 2004 through 2008," for "fiscal years 2004 through 2007,".
2003—Subsec. (d). Pub. L. 108–176, §148, amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section.
Subsec. (j). Pub. L. 108–176, §188, added subsec. (j).
2001—Subsec. (i). Pub. L. 107–71 added subsec. (i).
1999—Subsec. (a)(2). Pub. L. 106–6, §8(a)(1), substituted "12.5" for "25".
Subsec. (b). Pub. L. 106–6, §8(a)(2), struck out at end "However, 50 percent of amounts not apportioned under section 47114 of this title because of section 47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in section 41731 of this title)."
Subsec. (g)(4). Pub. L. 106–6, §5, which directed the amendment of section 47115(g) by striking paragraph (4), without specifying the Code title to be amended, was executed by striking heading and text of par. (4) of subsec. (g) of this section, to reflect the probable intent of Congress. Text read as follows: "For a fiscal year in which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate the amount of such excess as follows:
"(A) 1/3 shall be made available to airports for which apportionments are made under section 47114(d) of this title.
"(B) 1/3 shall be made available for airport noise compatibility planning under section 47505(a)(2) of this title and for carrying out noise compatibility programs under section 47504(c)(1) of this title.
"(C) 1/3 shall be made available to current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title."
1996—Subsec. (d)(2). Pub. L. 104–264, §145(a)(1), substituted ", including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;" for "; and".
Subsec. (d)(4) to (6). Pub. L. 104–264, §145(a)(2), (3), added pars. (4) to (6).
Subsec. (f). Pub. L. 104–287, §5(81)(B), which directed that subsec. (f), as enacted by Pub. L. 103–429, be redesignated (g), could not be executed because of amendment by Pub. L. 104–264, §122, which struck out that subsec. See below.
Pub. L. 104–264, §122, struck out subsec. (f), relating to minimum amount to be credited, which read as follows:
"(f)
"(2) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals $325,000,000.
"(3) For a fiscal year, the total amount available to reduce to carry out paragraph (2) of this subsection is the total of the amounts determined under sections 47114(c)(1)(A) and (2) and (d) and 47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction."
Subsec. (f)(2). Pub. L. 104–287, §5(81)(A), substituted "August 23, 1994" for "the date of the enactment of this subsection".
Subsec. (g). Pub. L. 104–264, §122, added subsec. (g).
Subsec. (h). Pub. L. 104–264, §145(b), added subsec. (h).
1994—Subsec. (f). Pub. L. 103–429 added subsec. (f) relating to minimum amount to be credited.
Pub. L. 103–305 added subsec. (f) relating to consideration of diversion of revenues in awarding discretionary grants.
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.
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.
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.
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.
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.
Amendment by section 5(81)(B) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, set out as a note under section 47117 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.
1 So in original. The word "be" probably should appear.
(a)
(b)
(1) one-seventh for grants for projects at small hub airports; and
(2) the remaining amounts based on the following:
(A) one-third for grants to sponsors of public-use airports (except commercial service airports).
(B) two-thirds for grants to sponsors of each commercial service airport that each year has less than .05 percent of the total boardings in the United States in that year.
(c)
(d)
(1)
(2)
(A) eligible and justified airport development projects; or
(B) additional hangar space.
(3)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 104–264, title I, §146, Oct. 9, 1996, 110 Stat. 3223; Pub. L. 106–6, §8(b), Mar. 31, 1999, 113 Stat. 11; Pub. L. 106–181, title I, §128, Apr. 5, 2000, 114 Stat. 76; Pub. L. 108–176, title VIII, §801(b), Dec. 12, 2003, 117 Stat. 2587; Pub. L. 115–254, div. B, title I, §§152, 154, Oct. 5, 2018, 132 Stat. 3216, 3217.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47116(a) | 49 App.:2206(d)(1) (words before "to be distributed"). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §507(d); added Nov. 5, 1990, Pub. L. 101–508, §9112(b), 104 Stat. 1388–362. |
| 47116(b) | 49 App.:2206(d)(1) (words after "small airport fund"), (2), (3). | |
| 47116(c) | 49 App.:2206(d)(4). |
In subsection (a), the words "The Secretary of Transportation has a small airport fund" are added for clarity.
In subsection (b), before clause (1), the words "under this subsection" are omitted as surplus. In clauses (1) and (2), the words "used" and "making" are omitted as surplus.
In subsection (c), the word "pilot" is added for consistency with section 47128 of the revised title.
2018—Subsec. (d)(2). Pub. L. 115–254, §154, amended par. (2) generally. Prior to amendment, text read as follows: "In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent."
Subsec. (d)(3). Pub. L. 115–254, §152, added par. (3).
2003—Subsec. (b)(1). Pub. L. 108–176 struck out "(as defined in section 41731 of this title)" after "small hub airports".
2000—Subsec. (d). Pub. L. 106–181, §128(c), designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
Subsec. (e). Pub. L. 106–181, §128(a), added subsec. (e).
Subsec. (f). Pub. L. 106–181, §128(b), added subsec. (f).
1999—Subsec. (a). Pub. L. 106–6, §8(b)(1), substituted "87.5" for "75".
Subsec. (b). Pub. L. 106–6, §8(b)(2), added pars. (1) and (2) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2).
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
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.
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.
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.
(a)
(b)
(1)
(2)
(A)
(i) amounts made available under paragraph (2)(A) shall be used for grants for projects in accordance with section 47115(d)(2) at airports eligible to receive an apportionment under section 47114(d)(2) or (3)(A), whichever is applicable; and
(ii) amounts made available under paragraph (2)(A) that are not obligated by July 1 of the fiscal year in which the funds will expire shall be made available for all projects in accordance with section 47115(d)(2).
(B)
(c)
(2)
(d)
(1) section 47114(d)(2)(A) of this title is available for grants for airports located in the State; and
(2) section 47114(d)(2)(B) or (C) of this title is available for grants for airports described in section 47114(d)(2)(B) or (C) and located in the State.
(e)
(A) At least 35 percent, but not more than $300,000,000, for grants for airport noise compatibility planning under section 47505(a)(2), for carrying out noise compatibility programs under section 47504(c), for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, for airport development described in section 47102(3)(Q), for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title. The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not the requirements of the preceding sentence are being met in that fiscal year.
(B) At least 4 percent to sponsors of current or former military airports designated by the Secretary under section 47118(a) of this title for grants for developing current and former military airports to improve the capacity of the national air transportation system and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant.
(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have—
(i) more than 75,000 annual operations;
(ii) a runway with a minimum usable landing distance of 5,000 feet;
(iii) a precision instrument landing procedure;
(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and
(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.
(2) If the Secretary decides that an amount required to be used for grants under paragraph (1) of this subsection cannot be used for a fiscal year because there are insufficient qualified grant applications, the amount the Secretary determines cannot be used is available during the fiscal year for grants for other airports or for other purposes for which amounts are authorized for grants under section 48103 of this title.
(3)
(A) Chicago O'Hare International Airport;
(B) LaGuardia Airport;
(C) John F. Kennedy International Airport; and
(D) Ronald Reagan Washington National Airport.
(f)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(4)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 103–305, title I, §116(a), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(68), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, §§123, 124(d), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287, §5(82), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(c)(1), (2), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, §7, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(d), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title I, §§104(e)–(g), 129, title II, §231(f), Apr. 5, 2000, 114 Stat. 70, 77, 114; Pub. L. 108–176, title I, §§149(c), 150, 151, Dec. 12, 2003, 117 Stat. 2505, 2506; Pub. L. 112–95, title I, §145, Feb. 14, 2012, 126 Stat. 30; Pub. L. 115–254, div. B, title I, §§155, 192(b), title V, §539(p), Oct. 5, 2018, 132 Stat. 3217, 3241, 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(a) | 49 App.:2207(b)(1) (related to purposes for which funds may be used). | Sept. 3, 1982, Pub. L. 97–248, §§506(e)(4), 508(b), 96 Stat. 679, 681. |
| 49 App.:2207(c) (1st sentence related to purposes for which funds are available). | Sept. 3, 1982, Pub. L. 97–248, §508(c), 96 Stat. 682; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(C), 101 Stat. 1498. | |
| 47117(b) | 49 App.:2207(a). | Sept. 3, 1982, Pub. L. 97–248, §508(a), 96 Stat. 681; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(A), (B), 101 Stat. 1497. |
| 47117(c)(1) | 49 App.:2207(b)(1) (related to airports at which funds may be used). | |
| 47117(c)(2) | 49 App.:2207(b)(2). | |
| 47117(d) | 49 App.:2207(c) (1st sentence related to airports at which funds are available, last sentence). | |
| 47117(e) | 49 App.:2202(a)(11). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(11), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2207(d). | Sept. 3, 1982, Pub. L. 97–248, §508(d), 96 Stat. 682; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(2)(D), 107, 101 Stat. 1498; Nov. 5, 1990, Pub. L. 101–508, §9109(b), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, §§107(a), 108, 106 Stat. 4878, 4879. | |
| 47117(f) | 49 App.:2206(b)(5)(D). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(5)(D), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1496. |
| 47117(g) | 49 App.:2207(e)(1). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(e)(1); added Oct. 2, 1982, Pub. L. 97–276, §167, 96 Stat. 1204; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(E), 101 Stat. 1498. |
| 49 App.:2207(e)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(e)(2); added Oct. 2, 1982, Pub. L. 97–276, §167, 96 Stat. 1205. | |
| 47117(h) | 49 App.:2205(e)(4). |
In subsection (b), the words "for grants" are added, and the word "apportioned" is substituted for "first authorized to be obligated", for clarity. The words "established by section 2206(c) of this Appendix" are omitted as surplus.
In subsection (c)(2), the word "if" is substituted for "on the condition that" to eliminate unnecessary words. The word "in" is substituted for "which is a part of" for clarity.
Subsection (d) is substituted for 49 App.:2207(c) (1st sentence related to airports at which funds are available) for clarity. The text of 49 App.:2207(c) (last sentence) is omitted as surplus because of section 47105(a) of the revised title.
In subsection (e)(1), the words "The Secretary shall use . . . (A) . . . for grants . . . (B) . . . for grants . . . (C) . . . for grants . . . (D) . . . for . . . grants . . . (E) . . . for grants" are substituted for "shall be distributed" and "shall be obligated" for clarity and consistency in the revised title. Clause (C)(ii) is substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary words. In clause (E), the references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsection (e)(2), the words "for each fiscal year" are omitted as surplus.
In subsection (e)(3), the words "an amount required to be used for grants under paragraph (1) of this subsection cannot be used" are substituted for "he will not be able to distribute the amount of funds required to be distributed under paragraph (1), (2), (3), or (4) of this subsection" for consistency. The words "submitted in compliance with this chapter" are omitted as surplus. The words "cannot be used" are substituted for "will not be distributed" for consistency. The words "for which amounts are" are added for clarity and consistency in this chapter.
Subsection (f) is substituted for 49 App.:2206(b)(5)(D) for clarity and consistency in the revised title.
In subsection (g)(1), the words "and (3)" are omitted because 49 App.:2207(e)(3) has expired. The words "at his discretion" are omitted as surplus.
In subsection (g)(2)(A), the words "made available" are substituted for "authorized" for clarity.
In subsection (h), the words "to make grants" are substituted for "to obligate to an airport by grant agreement" for consistency in the revised title and to eliminate unnecessary words. The words "the unobligated balance of" are omitted as surplus. The words "limits that authority" are substituted for "limits the application of this paragraph" for clarity. The words "in addition to the amounts authorized for that fiscal year by section 2204 of this Appendix" are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(e) | 49 App.:2207(d). | Sept. 3, 1982, Pub. L. 97–248, §508(d), as amended May 26, 1994, Pub. L. 103–260, §105, 108 Stat. 699. |
This amends 49:47117(e)(1)(B) because of the redesignation of 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) by section 6(71)(C) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4387).
This amends 49:47117(g)(1) because of the redesignation of 49:47105(e) as 49:47105(f) by section 107(a)(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1572).
The Clean Air Act, referred to in subsec. (e)(1)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 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 7401 of Title 42 and Tables.
The Act of June 30, 1948, referred to in subsec. (e)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§1251 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 1251 of Title 33 and Tables.
2018—Subsec. (b). Pub. L. 115–254, §155, designated existing provisions as par. (1), inserted heading, substituted "Except as provided in paragraph (2), if the amount" for "If the amount", and added par. (2).
Subsec. (e)(1)(A). Pub. L. 115–254, §192(b), inserted "for airport development described in section 47102(3)(Q)," after "under section 47141,".
Subsec. (e)(1)(B). Pub. L. 115–254, §539(p), which directed substitution of "At least" for "at least" in section 47117(e)(1)(B), without specifying the Code title to be amended, was executed by making the substitution in subsec. (e)(1)(B) of this section, to reflect the probable intent of Congress.
2012—Subsec. (e)(1)(A). Pub. L. 112–95 substituted "At least 35 percent, but not more than $300,000,000," for "At least 35 percent", "et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title." for "et seq.).", and "the requirements of the preceding sentence are" for "such 35 percent requirement is" and struck out "and" after "47141,".
2003—Subsec. (b). Pub. L. 108–176, §150, substituted "nonhub airport or any airport that is not a commercial service airport" for "primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year".
Subsec. (c)(2). Pub. L. 108–176, §149(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "A sponsor of a primary airport may make an agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport under section 47114(c)(1) of this title if the Secretary makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport."
Subsec. (e)(1)(A). Pub. L. 108–176, §151, substituted "At least 35 percent" for "At least 34 percent", "section 47505(a)(2)," for "section 47505(a)(2) of this title and", ", for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)." for "of this title.", and "35 percent requirement" for "34 percent requirement".
2000—Subsec. (e)(1)(A). Pub. L. 106–181, §104(e), substituted "34 percent" for "31 percent" in two places.
Subsec. (e)(1)(C). Pub. L. 106–181, §104(f), added subpar. (C).
Subsec. (e)(3). Pub. L. 106–181, §231(f), added par. (3).
Subsec. (f). Pub. L. 106–181, §129, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
"(f)
"(2) The Secretary may make a grant under paragraph (1) of this subsection only if the Secretary decides that—
"(A) the total amount used for grants for the fiscal year under section 48103 of this title will not be more than the amount made available under section 48103 for that fiscal year; and
"(B) the amounts authorized for grants under section 48103 of this title for later fiscal years are sufficient for grants of the apportioned amounts that were not used for grants under the apportionment during the fiscal year and that remain available under subsection (b) of this section."
Pub. L. 106–181, §104(g), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: "The Secretary may not make a grant for a commercial service airport in Alaska of more than 110 percent of the amount apportioned for the airport for a fiscal year under section 47114(e) of this title."
Subsecs. (g), (h). Pub. L. 106–181, §104(g), redesignated subsecs. (g) and (h) as (f) and (g), respectively.
1999—Subsec. (e)(1)(B). Pub. L. 106–31 struck out "for each of fiscal years 1997 and 1998" after "4 percent".
Pub. L. 106–6 made amendment identical to that made by Pub. L. 105–102, §3(c)(2). See 1997 Amendment note below.
1997—Subsec. (e)(1)(A). Pub. L. 105–102, §3(c)(1)(B), added Pub. L. 104–264, §123(d). See 1996 Amendment note below.
Subsec. (e)(1)(B). Pub. L. 105–102, §3(c)(2), repealed Pub. L. 104–264, §124(d). See 1996 Amendment note below.
Pub. L. 105–102, §3(c)(1)(A), amended Pub. L. 104–264, §123(b)(6). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–264, §123(a), inserted "or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year" before period at end of first sentence.
Subsec. (e)(1). Pub. L. 104–264, §123(b)(1), substituted "available to the discretionary fund under section 47115" for "made available under section 48103" in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–264, §123(d), as added by Pub. L. 105–102, §3(c)(1)(B), substituted "47504(c)" for "47504(c)(1)".
Pub. L. 104–264, §123(b)(4), (5), substituted "At least 31" for "at least 12.5" and inserted at end "The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year."
Pub. L. 104–264, §123(b)(2), (3), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: "at least 5 percent for grants for reliever airports."
Subsec. (e)(1)(B). Pub. L. 104–287, §5(82)(A), which directed the amendment of subpar. (B) by substituting "47504(c)" for "47504(c)(1)", could not be executed because "47504(c)(1)" did not appear in text of subpar. (B) subsequent to amendment by Pub. L. 104–264. See below.
Pub. L. 104–264, §124(d), which directed the amendment of subpar. (B) by substituting "1996, 1997, and 1998" for "and 1996,", was repealed by Pub. L. 105–102, §3(c)(2).
Pub. L. 104–264, §123(b)(6), as amended by Pub. L. 105–102, §3(c)(1)(A), substituted "at least 4 percent for each of fiscal years 1997 and 1998" for "at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal years ending September 30, 1994, 1995, and 1996,".
Pub. L. 104–264, §123(b)(3), (7), redesignated subpar. (E) as (B) and inserted before period at end "and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant". Former subpar. (B) redesignated (A).
Subsec. (e)(1)(C), (D). Pub. L. 104–264, §123(b)(2), struck out subpars. (C) and (D) which read as follows:
"(C) at least 1.5 percent for grants for—
"(i) nonprimary commercial service airports; and
"(ii) public airports (except commercial service airports) that were eligible for United States Government assistance from amounts apportioned under section 15(a)(3) of the Airport and Airway Development Act of 1970, and to which section 15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year that ended September 30, 1981.
"(D) at least .75 percent for integrated airport system planning grants to planning agencies designated by the Secretary and authorized by the laws of a State or political subdivision of a State to do planning for an area of the State or subdivision in which a grant under this chapter is to be used."
Subsec. (e)(1)(E). Pub. L. 104–264, §123(b)(3), redesignated subpar. (E) as (B).
Subsec. (e)(2), (3). Pub. L. 104–264, §123(c), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "A grant from the amount apportioned under section 47114(e) of this title may not be included as part of the 1.5 percent required to be used for grants under paragraph (1)(C) of this subsection."
Subsec. (g)(1). Pub. L. 104–287, §5(82)(B), substituted "47105(f)" for "47105(e)".
1994—Subsec. (e)(1)(A). Pub. L. 103–429, §6(68)(A), substituted "5 percent" for "10 percent".
Subsec. (e)(1)(C). Pub. L. 103–429, §6(68)(B), substituted "1.5 percent" for "2.5 percent" in introductory provisions.
Subsec. (e)(1)(D). Pub. L. 103–429, §6(68)(C), substituted ".75 percent" for ".5 percent".
Subsec. (e)(1)(E). Pub. L. 103–305 substituted ", 1995, and 1996" for ", and 1995".
Subsec. (e)(2). Pub. L. 103–429, §6(68)(D), substituted "1.5 percent" for "2.5 percent".
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.
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.
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(1)(B) 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.
Section 8(2) of Pub. L. 104–287, as amended by Pub. L. 105–102, §3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided that: "The amendments made by section 5(81)(B), (82)(A), and (83)(A) [amending this section and sections 47115 and 47118 of this title] shall take effect on September 30, 1998."
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.
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.
(a)
(1) the airport is a former military installation closed or realigned under—
(A) section 2687 of title 10;
(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or
(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note);
(2) the airport is a military installation with both military and civil aircraft operations; or
(3) the airport is—
(A) a former military installation that, at any time after December 31, 1965, was owned and operated by the Department of Defense; and
(B) a nonhub primary airport.
(b)
(c)
(1) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings;
(2) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays; or
(3) preserve or enhance minimum airfield infrastructure facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations—
(A) within United States jurisdiction or control; and
(B) where there is a demonstrable lack of diversionary airports within the distance or flight-time required by regulations governing transoceanic flights.
(d)
(e)
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f)
(1)
(2)
(g)
(h)
(1) to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); and
(2) necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1273; Pub. L. 103–305, title I, §116(b)–(d), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104–264, title I, §124(a)–(c), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287, §5(83), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–181, title I, §130, Apr. 5, 2000, 114 Stat. 78; Pub. L. 108–176, title I, §153, Dec. 12, 2003, 117 Stat. 2507; Pub. L. 112–95, title I, §146, Feb. 14, 2012, 126 Stat. 30; Pub. L. 115–254, div. B, title I, §137, Oct. 5, 2018, 132 Stat. 3210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47118(a) | 49 App.:2207(f)(1). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(1); added Nov. 5, 1990, Pub. L. 101–508, §9109(c), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, §107(b), 106 Stat. 4878. |
| 47118(b) | 49 App.:2207(f)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(2)–(5); added Nov. 5, 1990, Pub. L. 101–508, §9109(c), 104 Stat. 1388–356. |
| 47118(c) | 49 App.:2207(f)(3). | |
| 47118(d) | 49 App.:2207(f)(4). | |
| 47118(e) | 49 App.:2207(f)(5). | |
| 47118(f) | 49 App.:2207(f)(6). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(6); added Oct. 31, 1992, Pub. L. 102–581, §107(c)(1), 106 Stat. 4878. |
In subsection (d), the word "Grants" is substituted for "to participate in the program", and the word "grants" is substituted for "participation in the program", for clarity and consistency and to eliminate unnecessary words.
In subsection (e), before clause (1), the words "at the discretion" and "with Federal funding" are omitted as surplus.
This sets out the date of enactment of 49:47118(a) (last sentence).
This makes a clarifying amendment to 49:47118(e) because 49:47109(c) was struck by section 114(b) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1579).
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(1)(B), is section 201 of Pub. L. 100–526, which is set out in a note under section 2687 of Title 10, Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101–510, which is set out in a note under section 2687 of Title 10.
2018—Subsec. (a)(3). Pub. L. 115–254 added par. (3).
2012—Subsec. (c)(3). Pub. L. 112–95, §146(a), added par. (3).
Subsec. (g). Pub. L. 112–95, §146(b), substituted "Airports" for "Airport" in heading and "3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations" for "one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation" in text.
Subsec. (h). Pub. L. 112–95, §146(c), added subsec. (h).
2003—Subsec. (e). Pub. L. 108–176, §153(1), substituted "From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available" for "Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available" in introductory provisions.
Subsec. (f). Pub. L. 108–176, §153(2), (3), inserted par. (1) designation and heading, substituted "From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available" for "Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after September 30, 1992, is available", and added par. (2).
2000—Subsec. (a). Pub. L. 106–181, §130(a)(1)(A), substituted "15" for "12" in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, §130(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: "the Secretary finds that such grants would—
"(A) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or
"(B) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays."
Subsec. (c). Pub. L. 106–181, §130(a)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "In carrying out this section, the Secretary shall consider only current or former military airports that, when at least partly converted to civilian commercial or reliever airports as part of the national air transportation system, will enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays."
Subsec. (d). Pub. L. 106–181, §130(a)(3), substituted "47117(e)(1)(B)" for "47117(e)(1)(E)", "periods, each not to exceed 5 fiscal years," for "5-fiscal-year periods", and "each such subsequent period" for "each such subsequent 5-fiscal-year period".
Subsec. (e). Pub. L. 106–181, §130(b), substituted "$7,000,000" for "$5,000,000".
Subsec. (f). Pub. L. 106–181, §130(c), in heading, substituted "Hangars, and Air Cargo Terminals" for "and Hangars" and, in text, substituted "$7,000,000" for "$4,000,000" and inserted "and air cargo terminals of an area that is 50,000 square feet or less" before period at end.
Subsec. (g). Pub. L. 106–181, §130(a)(4), added subsec. (g).
1996—Subsec. (a). Pub. L. 104–287, §5(83)(A), which directed amendment of subsec. (a) by substituting "before August 24, 1994" for "on or before the date of the enactment of this sentence", could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, §124(a). See below.
Pub. L. 104–264, §124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:
"(a)
Subsec. (d). Pub. L. 104–264, §124(b), substituted "designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period." for "designation."
Subsec. (e). Pub. L. 104–287, §5(83)(B), substituted "Not" for "Notwithstanding section 47109(c) of this title, not".
Subsec. (f). Pub. L. 104–264, §124(c), amended subsec. (f) by substituting "Utilities, and Hangars" for "and Utilities" in heading and "for fiscal years beginning after September 30, 1992," for "for the fiscal years ending September 30, 1993–1996," and "utilities, and hangars" for "and utilities" in text.
1994—Subsec. (a). Pub. L. 103–305, §116(b), substituted "15" for "12" and inserted at end "The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings."
Subsec. (d). Pub. L. 103–305, §116(c), struck out at end "If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies the airport as a small hub airport (as defined on January 1, 1990) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal years that the Secretary decides."
Subsec. (f). Pub. L. 103–305, §116(d), substituted "September 30, 1993–1996" for "September 30, 1993–1995".
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.
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.
Amendment by section 5(83)(A) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, as amended, set out as a note under section 47117 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.
(a)
(1)
(A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has—
(i) all the safety equipment required for certification of the airport under section 44706;
(ii) all the security equipment required by regulation; and
(iii) provided for access by passengers to the area of the airport for boarding or exiting aircraft that are not air carrier aircraft;
(B) if the cost is directly related to—
(i) moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; or
(ii) installing security cameras in the public area of the interior and exterior of the terminal; and
(C) under terms necessary to protect the interests of the Government.
(2)
(A) except as provided in section 47108(e)(3), the airport does not have more than .05 percent of the total annual passenger boardings in the United States; and
(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary's approval.
(3)
(b)
(1)
(2)
(3)
(A) that was a nonhub airport in the most recent year used to calculate apportionments under section 47114;
(B) that is a designated airport under section 47118 in fiscal year 2003; and
(C) at which terminal development is carried out between January 2003 and August 2004,
is available to repay immediately money borrowed and used to pay the costs for such terminal development if those costs would be allowable project costs under subsection (a).
(4)
(A) the sponsor submits the certification required under subsection (a);
(B) the Secretary decides that using the amount to repay the borrowed money will not defer an airport development project outside the terminal area at that airport; and
(C) amounts available for airport development under this subchapter will not be used for additional terminal development projects at the airport for at least 1 year beginning on the date the grant is used to repay the borrowed money.
(5)
(c)
(1) to a sponsor of a primary airport, any part of amounts apportioned to the sponsor for the fiscal year under section 47114(c)(1) of this title to pay project costs allowable under subsection (a);
(2) on approval of the Secretary, not more than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title—
(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under subsection (a); and
(B) to a sponsor of a reliever airport for the types of project costs allowable under subsection (a), including project costs allowable for a commercial service airport that each year does not have more than .05 percent of the total boardings in the United States;
(3) for use by a primary airport that each year does not have more than .05 percent of the total boardings in the United States, any part of amounts that may be distributed for the fiscal year from the discretionary fund and small airport fund to pay project costs allowable under subsection (a);
(4) not more than $25,000,000 to pay project costs allowable for the fiscal year under subsection (a) for projects at commercial service airports that were not eligible for assistance for terminal development during the fiscal year ending September 30, 1980, under section 20(b) of the Airport and Airway Development Act of 1970; or
(5) to a sponsor of a nonprimary airport, any part of amounts apportioned to the sponsor for the fiscal year under section 47114(d)(3)(A) for project costs allowable under subsection (a).
(d)
(e)
(f) Limitation on Discretionary Funds.—The Secretary may distribute not more than $20,000,000 from the discretionary fund established under section 47115 for terminal development projects at a nonhub airport or a small hub airport that is eligible to receive discretionary funds under section 47108(e)(3).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 103–305, title I, §117, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(69), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 106–181, title I, §152(b), Apr. 5, 2000, 114 Stat. 87; Pub. L. 108–176, title I, §§149(d), 166, Dec. 12, 2003, 117 Stat. 2505, 2514; Pub. L. 112–95, title I, §152(b), Feb. 14, 2012, 126 Stat. 33; Pub. L. 115–254, div. B, title I, §§132(b), 138, Oct. 5, 2018, 132 Stat. 3206, 3210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(a) | 49 App.:2212(b)(4). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(4), 96 Stat. 690; Dec. 30, 1987, Pub. L. 100–223, §106(b)(5)(B), 101 Stat. 1498. |
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(2), 96 Stat. 690; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(5)(A), 111(a)(1), 101 Stat. 1498, 1503. |
| 49 App.:2212(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(3), 96 Stat. 690. |
In subsection (a), before clause (1), the words "(within the meaning of section 11(1) of the Airport and Airway Development Act of 1970 [49 App. U.S.C. 1711(1)] as in effect immediately before September 3, 1982)" are omitted because of the definition of "air carrier airport" in section 47102 of the revised title. The words "after June 30, 1970" are substituted for "on or after July 1, 1970" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words "to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable project costs under section 47110(d) of this title" are substituted for "for the immediate retirement of the principal of bonds or other evidences of indebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which would be allowable under paragraph (1) of this subsection" for clarity and to eliminate unnecessary words.
In subsection (b), before clause (1), the words "In a fiscal year" are added for clarity. In clause (2), the words "from the discretionary fund" are substituted for "sums to be distributed at the discretion of the Secretary under section 2206(c) of this Appendix" for clarity and consistency in this chapter. In clause (3), the words "for projects" are added for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(2), as amended May 26, 1994, Pub. L. 103–260, §107, 108 Stat. 700. |
In subsection (b)(3), the words "from the discretionary fund and small airport fund" are substituted for "sums to be distributed at the discretion of the Secretary under section 2206(c) and 2206(d) of this Appendix" for clarity and consistency in this chapter.
Section 20(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (c)(4), is section 20(b) of Pub. L. 91–258, which was classified to section 1720(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
2018—Subsec. (a)(1)(B). Pub. L. 115–254, §138, substituted "directly related to—" for "directly related to", inserted cl. (i) designation before "moving passengers and", substituted "; or" for "; and", and added cl. (ii). Amendments were executed to this section to reflect the probable intent of Congress, notwithstanding directory language amending section 47119(a)(1)(B), without specifying the Code title to be amended.
Subsec. (a)(3). Pub. L. 115–254, §132(b), added par. (3).
2012—Subsec. (a). Pub. L. 112–95, §152(b)(2), added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 112–95, §152(b)(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c).
Subsec. (b)(3), (4)(A). Pub. L. 112–95, §152(b)(4), substituted "subsection (a)" for "section 47110(d)".
Subsec. (b)(4)(B). Pub. L. 112–95, §152(b)(3), substituted "Secretary" for "Secretary of Transportation".
Subsec. (b)(5). Pub. L. 112–95, §152(b)(5), substituted "subsections (c)(1) and (c)(2)" for "subsection (b)(1) and (2)".
Subsec. (c). Pub. L. 112–95, §152(b)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(1), (2)(A). Pub. L. 112–95, §152(b)(6), substituted "subsection (a)" for "section 47110(d) of this title".
Subsec. (c)(2)(B). Pub. L. 112–95, §152(b)(7), substituted "subsection (a)" for "section 47110(d)".
Subsec. (c)(3), (4). Pub. L. 112–95, §152(b)(6), substituted "subsection (a)" for "section 47110(d) of this title".
Subsec. (c)(5). Pub. L. 112–95, §152(b)(7), substituted "subsection (a)" for "section 47110(d)".
Subsecs. (d), (e). Pub. L. 112–95, §152(b)(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively.
Subsec. (f). Pub. L. 112–95, §152(b)(8), added subsec. (f).
2003—Subsec. (a). Pub. L. 108–176, §166, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "An amount apportioned under section 47114 of this title and made available to the sponsor of an air carrier airport at which terminal development was carried out after June 30, 1970, and before July 12, 1976, or, in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992, and October 31, 1992, is available to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable project costs under section 47110(d) of this title if they had been incurred after September 3, 1982. An amount is available for a grant under this subsection—
"(1) only if—
"(A) the sponsor submits the certification required under section 47110(d) of this title;
"(B) the Secretary of Transportation decides that using the amount to repay the borrowed money will not defer an airport development project outside the terminal area at that airport; and
"(C) amounts available for airport development under this subchapter will not be used for additional terminal development projects at the airport for at least 3 years beginning on the date the grant is used to repay the borrowed money; and
"(2) subject to the limitations in subsection (b)(1) and (2) of this section."
Subsec. (b)(5). Pub. L. 108–176, §149(d), added par. (5).
2000—Subsec. (d). Pub. L. 106–181 added subsec. (d).
1994—Subsec. (a). Pub. L. 103–305, §117(1), inserted "or, in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992, and October 31, 1992," after "July 12, 1976,".
Subsec. (b)(2). Pub. L. 103–429, §6(69)(B), added par. (2) and struck out former par. (2) which read as follows: "to a sponsor of a nonprimary commercial service airport, not more than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund to pay project costs allowable under section 47110(d) of this title; or".
Subsec. (b)(3). Pub. L. 103–429, §6(69)(B), added par. (3). Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 103–429, §6(69)(A), redesignated par. (3) as (4).
Subsec. (c). Pub. L. 103–305, §117(2), added subsec. (c).
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.
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.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 106–181, title I, §162, Apr. 5, 2000, 114 Stat. 91.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47120 | 49 App.:2208(b)(9). | Sept. 3, 1982, Pub. L. 97–248, §509(b)(9), 96 Stat. 685. |
The words "In making a grant under this subchapter" are substituted for "In establishing priorities for distribution of funds available pursuant to section 2206 of this Appendix" for consistency in this chapter and to eliminate unnecessary words.
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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.
(a)
(1) that disclose—
(A) the amount and disposition by the sponsor of the proceeds of the grant;
(B) the total cost of the plan or program for which the grant is given or used; and
(C) the amounts and kinds of costs of the plan or program provided by other sources; and
(2) that make it easier to carry out an audit.
(b)
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 104–316, title I, §127(f), Oct. 19, 1996, 110 Stat. 3840.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47121(a) | 49 App.:2217(a) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §518, 96 Stat. 693. |
| 47121(b) | 49 App.:2217(b) (1st sentence). | |
| 47121(c) | 49 App.:2217(c). | |
| 47121(d) | 49 App.:2217(b) (last sentence). | |
| 47121(e) | 49 App.:2217(a) (last sentence). | |
| 47121(f) | 49 App.:2217(d). |
In subsections (a)–(d), the word "sponsor" is substituted for "recipient of a grant under this chapter" and "recipient" for clarity.
In subsection (a), before clause (1), the words "The Secretary may require records" are substituted for "including records" for clarity. In clause (1), before subclause (A), the word "fully" is omitted as surplus.
In subsection (b), the words "or any of their duly authorized representatives" are omitted as surplus because of 49:322(b) and 31:711. The words "may audit and examine" are substituted for "shall have access for the purpose of audit and examination" to eliminate unnecessary words. The words "books, documents, papers" are omitted as being included in "records".
In subsection (e), the words "minimum necessary to carry out" are substituted for "that such requirements are kept to the minimum level necessary for the proper administration of" to eliminate unnecessary words.
In subsection (f), the words "or any officer or employee under the control of either of them" are omitted as surplus because of 49:322(b) and 31:711.
1996—Subsec. (c). Pub. L. 104–316, in first sentence, substituted "Secretary" for "Comptroller General", in second sentence, substituted "The Comptroller General may" for "Not later than April 15 of each year, the Comptroller General shall", and struck out at end "The Comptroller General shall prescribe regulations necessary to carry out this subsection."
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47122(a) | 49 App.:2218(a). | Sept. 3, 1982, Pub. L. 97–248, §519(a), 96 Stat. 694; Dec. 30, 1987, Pub. L. 100–223, §112(1), 101 Stat. 1504. |
| 47122(b) | 49 App.:1354(c) (related to Airport and Airway Improvement Act of 1982). | Aug. 23, 1958, Pub. L. 85–726, §313(c) (related to Airport and Airway Improvement Act of 1982), 72 Stat. 753; Sept. 3, 1982, Pub. L. 97–248, §524(a)(2), 96 Stat. 696. |
Subsection (a) is substituted for 49 App.:2218(a) to eliminate unnecessary words.
(a)
(b)
(1)
(A) an airport sponsored by an Indian tribal government; or
(B) an airport located on an Indian reservation.
(2)
(3)
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1275; Pub. L. 115–254, div. B, title I, §153, Oct. 5, 2018, 132 Stat. 3216.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47123 | 49 App.:2219. | Sept. 3, 1982, Pub. L. 97–248, §520, 96 Stat. 694. |
The words "as the Secretary deems" and "the purposes of" are omitted as surplus. The words "The regulations shall be similar to those in effect under" are substituted for "and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under" for clarity and to eliminate unnecessary words and because "rules" and "regulations" are synonymous. The words "The provisions of . . . and not in lieu of the provisions of" are omitted as surplus. The word "is" is substituted for "shall be considered to be" to eliminate unnecessary words.
The Civil Rights Act of 1964, referred to in subsec. (a), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 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 2000a of Title 42 and Tables.
2018—Pub. L. 115–254 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
(a)
(b)
(1)
(A)
(B)
(i) for the 1-year period after such determination is made; or
(ii) if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D)..1
(C)
(2)
(3)
(A)
(B)
(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and
(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program.
(C)
(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0.
(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50.
(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981.
(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter.
(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs.
(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft.
(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense.
(D)
(E)
(F)
(G)
(4)
(A)
(i) a primary airport—
(I) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;
(II) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996, including remote air traffic control tower equipment certified by the Federal Aviation Administration; and
(ii) a public-use airport that is not a primary airport—
(I) from amounts made available under sections 47114(c)(2) and 47114(d) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;
(II) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996, including remote air traffic control tower equipment certified by the Federal Aviation Administration.
(B)
(i)(I) the sponsor is a participant in the Federal Aviation Administration Contract Tower Program or the Cost-share Program; or
(II) construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program;
(ii) the sponsor certifies that it will pay not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph;
(iii) the Secretary affirmatively accepts the proposed contract tower into a contract tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration's cost of the contract to operate the tower to be constructed under this paragraph;
(iv) the sponsor certifies that it will pay its share of the cost of the contract to operate the tower to be constructed under this paragraph; and
(v) in the case of a tower to be constructed under this paragraph from amounts made available under section 47114(d)(2) or 47114(d)(3)(B), the Secretary certifies that—
(I) the Federal Aviation Administration has consulted the State within the borders of which the tower is to be constructed and the State supports the construction of the tower as part of its State airport capital plan; and
(II) the selection of the tower for funding is based on objective criteria.
(c)
(d)
(1)
(A)
(B)
(i) by more than 25 percent from the previous year; or
(ii) by more than 55 percent cumulatively in the preceding 3-year period.
(2)
(A) The Federal Aviation Administration's actual cost of wages and benefits of personnel working at the tower.
(B) The Federal Aviation Administration's actual telecommunications costs directly associated with the tower.
(C) The Federal Aviation Administration's costs of purchasing and installing any air traffic control equipment that would not have been purchased or installed except as a result of the operation of the tower.
(D) The Federal Aviation Administration's actual travel costs associated with maintaining air traffic control equipment that is owned by the Administration and would not be maintained except as a result of the operation of the tower.
(E) Other actual costs of the Federal Aviation Administration directly associated with the tower that would not be incurred except as a result of the operation of the tower (excluding costs for noncontract tower-related personnel and equipment, even if the personnel or equipment is located in the contract tower building).
(3)
(4)
(A) The Secretary shall provide the airport (or the State or local government having jurisdiction over the airport) at least 90 days following the date of receipt of the determination to submit to the Secretary a request for an appeal of the determination, together with updated or additional data in support of the appeal.
(B) Upon receipt of a request for an appeal submitted pursuant to subparagraph (A), the Secretary shall—
(i) transmit to the Administrator of the Federal Aviation Administration any updated or additional data submitted in support of the appeal; and
(ii) provide the Administrator not more than 90 days to review the data and provide a response to the Secretary based on the review.
(C) After receiving a response from the Administrator pursuant to subparagraph (B), the Secretary shall—
(i) provide the airport, State, or local government that requested the appeal at least 30 days to review the response; and
(ii) withhold from taking further action in connection with the appeal during that 30-day period.
(D) If, after completion of the appeal procedures with respect to the determination, the Secretary requires the tower to transition into the Cost-share Program, the Secretary shall not require a cost-share payment from the airport, State, or local government for 1 year following the last day of the 30-day period described in subparagraph (C).
(e)
(1)
(2)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, §131, Apr. 5, 2000, 114 Stat. 78; Pub. L. 108–7, div. I, title III, §370(b)(1), (2), Feb. 20, 2003, 117 Stat. 425, 426; Pub. L. 108–176, title I, §105, Dec. 12, 2003, 117 Stat. 2498; Pub. L. 112–55, div. C, title I, §119, Nov. 18, 2011, 125 Stat. 649; Pub. L. 112–95, title I, §147, Feb. 14, 2012, 126 Stat. 30; Pub. L. 113–76, div. L, title I, §118, Jan. 17, 2014, 128 Stat. 581; Pub. L. 113–235, div. K, title I, §118, Dec. 16, 2014, 128 Stat. 2704; Pub. L. 114–55, title I, §102(c), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(c), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(c), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §102(d), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, §102(c), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §133(a)–(c), Oct. 5, 2018, 132 Stat. 3206–3208.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47124(a) | 49 App.:2222. | Sept. 3, 1982, Pub. L. 97–248, §526, 96 Stat. 698. |
| 47124(b)(1) | 49 App.:2222 (note). | Dec. 30, 1987, Pub. L. 100–223, §306, 101 Stat. 1526. |
| 47124(b)(2) | 49 App.:1344(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, §303(h); added Oct. 31, 1992, Pub. L. 102–581, §201(a), 106 Stat. 4890. |
In subsection (a), the words "In the powers granted under section 2218 of this Appendix" and "contract or other" are omitted as surplus. The word "relieves" is substituted for "contain, among others, a provision relieving", and the words "from any liability arising out of, or related to" are substituted for "of any and all liability for the payment of any claim or other obligation arising out of or in connection with", to eliminate unnecessary words.
In subsection (b)(1), the words "in effect" are omitted as surplus. The words "on December 30, 1987" are added for clarity.
In subsection (b)(2), the word "Secretary" is substituted for "Administrator" for consistency in the chapter.
The date of enactment of this subsection, referred to in subsec. (d)(1)(B), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
2018—Subsec. (b)(1)(B). Pub. L. 115–254, §133(a)(1), substituted "under the Contract Tower Program" for "under the program continued under this paragraph" and "exceeds the benefit—" and cls. (i) and (ii) for "exceeds the benefit for a period of 18 months after such determination is made".
Subsec. (b)(1)(C). Pub. L. 115–254, §133(c)(1), substituted "the Cost-share Program" for "the program established under paragraph (3)".
Subsec. (b)(3). Pub. L. 115–254, §133(c)(2)(A), substituted "Cost-share program" for "Contract air traffic control tower program" in heading.
Subsec. (b)(3)(A). Pub. L. 115–254, §133(c)(2)(B), substituted "Contract Tower Program" for "contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the 'Contract Tower Program')".
Subsec. (b)(3)(B). Pub. L. 115–254, §133(c)(2)(C), substituted "In carrying out the Cost-share Program" for "In carrying out the program" in introductory provisions.
Subsec. (b)(3)(C). Pub. L. 115–254, §133(c)(2)(D), substituted "participate in the Cost-share Program" for "participate in the program" in introductory provisions.
Subsec. (b)(3)(D). Pub. L. 115–254, §133(a)(2), substituted "under the Cost-share Program" for "under the program" and inserted at end "Airports with air service provided under part 121 of title 14, Code of Federal Regulations, and more than 25,000 passenger enplanements in calendar year 2014 shall be exempt from any cost-share requirement under this paragraph."
Subsec. (b)(3)(E). Pub. L. 115–141 substituted "2012 through 2018" for "2012 through 2017 and not more than $5,160,822 for the period beginning on October 1, 2017, and ending on March 31, 2018,".
Subsec. (b)(3)(F). Pub. L. 115–254, §133(c)(2)(E), substituted "the Contract Tower Program" for "the program continued under paragraph (1)".
Subsec. (b)(3)(G). Pub. L. 115–254, §133(a)(4), added subpar. (G).
Subsec. (b)(4)(A)(i)(III), (ii)(III). Pub. L. 115–254, §133(a)(3)(A), inserted ", including remote air traffic control tower equipment certified by the Federal Aviation Administration" after "1996".
Subsec. (b)(4)(B)(i)(I). Pub. L. 115–254, §133(a)(3)(B), substituted "Contract Tower Program or the Cost-share Program" for "contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3)".
Subsec. (b)(4)(C). Pub. L. 115–254, §133(a)(3)(C), struck out subpar. (C). Text read as follows: "The Federal share of the cost of construction of a nonapproach control tower under this paragraph may not exceed $2,000,000."
Subsecs. (d), (e). Pub. L. 115–254, §133(b), added subsecs. (d) and (e).
2017—Subsec. (b)(3)(E). Pub. L. 115–63 inserted "and not more than $5,160,822 for the period beginning on October 1, 2017, and ending on March 31, 2018," after "fiscal years 2012 through 2017".
2016—Subsec. (b)(3)(E). Pub. L. 114–190 substituted "fiscal years 2012 through 2017" for "fiscal years 2012 through 2015 and not more than $8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016,".
Pub. L. 114–141 substituted "$8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016," for "$5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,".
2015—Subsec. (b)(3)(E). Pub. L. 114–55 inserted "and not more than $5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016," after "fiscal years 2012 through 2015".
2014—Subsec. (b)(3)(D). Pub. L. 113–76 and Pub. L. 113–235, which identically directed substitution of "benefit, with the maximum allowable local cost share capped at 20 percent." for "benefit.", could not be executed because of the prior amendment by Pub. L. 112–55. See 2011 Amendment note below.
2012—Subsec. (b)(1). Pub. L. 112–95, §147(a)(1), designated existing provisions as subpar. (A), inserted par. and subpar. headings, and added subpars. (B) and (C).
Subsec. (b)(2). Pub. L. 112–95, §147(a)(2), inserted heading.
Subsec. (b)(3)(E), (F). Pub. L. 112–95, §147(b), added subpars. (E) and (F) and struck out former subpar. (E). Prior to amendment, text of subpar. (E) read as follows: "Of the amounts appropriated pursuant to section 106(k), not more than $6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007 may be used to carry out this paragraph."
Subsec. (b)(4)(C). Pub. L. 112–95, §147(c), substituted "$2,000,000" for "$1,500,000".
Subsec. (c). Pub. L. 112–95, §147(d), added subsec. (c).
2011—Subsec. (b)(3)(D). Pub. L. 112–55 substituted "benefit, with the maximum allowable local cost share capped at 20 percent." for "benefit."
2003—Subsec. (a). Pub. L. 108–176, §105(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The Secretary of Transportation shall ensure that an agreement under this subchapter with a State or a political subdivision of a State to allow the State or subdivision to operate an airport facility in the State or subdivision relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the State or subdivision in operating the airport facility."
Subsec. (b)(2). Pub. L. 108–176, §105(2), added par. (2) and struck out former par. (2) which read as follows: "The Secretary may make a contract, on a sole source basis, with a State or a political subdivision of a State to allow the State or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the State or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the State or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract."
Subsec. (b)(3). Pub. L. 108–176, §105(3)(A), (B), struck out "
Subsec. (b)(3)(A). Pub. L. 108–7, §370(b)(2)(A), substituted "nonapproach control towers, as defined by the Secretary," for "Level I air traffic control towers, as defined by the Secretary,".
Subsec. (b)(3)(E). Pub. L. 108–176, §105(3)(C), substituted "$6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007" for "$6,000,000 per fiscal year".
Pub. L. 108–7, §370(b)(2)(B), substituted "Of" for "Subject to paragraph (4)(D), of".
Subsec. (b)(4). Pub. L. 108–7, §370(b)(1), reenacted heading without change and amended text generally. Prior to amendment, par. authorized the Secretary to provide grants under this subchapter to not more than two airport sponsors for the construction of a low-level activity visual flight rule (level 1) air traffic control tower.
Subsec. (b)(4)(C). Pub. L. 108–176, §105(4), substituted "$1,500,000" for "$1,100,000".
2000—Subsec. (b)(3), (4). Pub. L. 106–181 added pars. (3) and (4).
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.
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.
Pub. L. 108–7, div. I, title III, §370(b)(3), Feb. 20, 2003, 117 Stat. 426, provided that: "Notwithstanding the amendments made by this section [amending this section and section 47102 of this title], the towers for which assistance is being provided on the day before the date of enactment of this Act [Feb. 20, 2003] under section 47124(b)(4) of title 49, United States Code, as in effect on such day, may continue to be provided such assistance under the terms of such section."
Pub. L. 115–254, div. B, title I, §133(d), Oct. 5, 2018, 132 Stat. 3209, provided that:
"(1)
"(2)
"(3)
Pub. L. 108–7, div. I, title III, §370(c), Feb. 20, 2003, 117 Stat. 426, provided that:
"(1)
"(2)
"(A) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States;
"(B) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general-purpose space in a facility covered by the agreement;
"(C) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of the agreement;
"(D) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible;
"(E) shall provide that the United States will not be liable for any action, debt, or liability of any entity created by the agreement;
"(F) shall provide that the private entity may not execute any instrument or document creating or evidencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and
"(G) shall include such other terms and conditions as the Administrator considers appropriate."
Pub. L. 108–7, div. I, title III, §370(d), Feb. 20, 2003, 117 Stat. 427, provided that:
"(1)
"(2)
Pub. L. 103–305, title V, §508, Aug. 23, 1994, 108 Stat. 1596, provided that: "The Secretary shall take appropriate action to assist communities where the Secretary deems such assistance appropriate in obtaining the installation of a Level I Contract Tower for those communities."
(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(A)
(B)
(d)
(1) the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with section 552a of title 5, United States Code; or
(2) the information is submitted pursuant to a voluntary safety reporting program covered by section 40123 of title 49, United States Code.
(Added Pub. L. 115–254, div. B, title III, §395(a), Oct. 5, 2018, 132 Stat. 3326.)
Section 2 of the Pilot's Bill of Rights, referred to in subsec. (a)(5), is section 2 of Pub. L. 112–153, which is set out as a note under section 44703 of this title.
The date of enactment of the Fairness for Pilots Act, referred to in subsec. (c), is the date of enactment of subtitle C of title III of div. B of Pub. L. 115–254, which was approved Oct. 5, 2018.
1 So in original. Probably should be "this section".
(a)
(b)
(1) a national park, national monument, national recreation area, or similar area under the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or
(3) a national forest or Indian reservation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, §125(b), Apr. 5, 2000, 114 Stat. 75.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47125(a) | 49 App.:2215(a), (b). | Sept. 3, 1982, Pub. L. 97–248, §516, 96 Stat. 692. |
| 47125(b) | 49 App.:2215(c). |
In subsection (a), the text of 49 App.:2215(a) (last sentence) is omitted as surplus because a "property interest in land or airspace" necessarily includes "title to . . . land or any easement through . . . airspace". The words "when necessary" are substituted for "whenever the Secretary determines that use of any lands owned or controlled by the United States is reasonably necessary for", and the words "for the future development" are substituted for "including lands reasonably necessary to meet future development", to eliminate unnecessary words. The words "not later than 4 months after receiving the request" are substituted for "Upon receipt of a request from the Secretary under this section" and "within a period of four months after receipt of the Secretary's request" for clarity and to eliminate unnecessary words. The words "make the conveyance" are substituted for "perform any acts and to execute any instruments necessary to make the conveyance requested", and the words "that the property interest conveyed reverts to the Government . . . to the extent it is not" are substituted for "the property interest conveyed shall revert to the United States in the event that the lands in question are not" and "If only a part of the property interest conveyed is not developed for airport purposes, or used in a manner consistent with the terms of the conveyance, only that particular part shall, at the option of the Secretary, revert to the United States", to eliminate unnecessary words. The words "the terms of" are omitted as surplus.
2000—Subsec. (a). Pub. L. 106–181 inserted at end "Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition."
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.
Nothing in amendment by Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
Pub. L. 112–95, title VIII, §817, Feb. 14, 2012, 126 Stat. 127, as amended by Pub. L. 115–254, div. B, title I, §141, Oct. 5, 2018, 132 Stat. 3211, provided that:
"(a)
"(b)
"(1) The applicable airport, city, or county shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its fair market value.
"(2) Any consideration received by the airport, city, or county under paragraph (1) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.
"(3) Any other conditions required by the Secretary."
A person (including an officer, agent, or employee of the United States Government or a public agency) shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, with intent to defraud the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the material used or to be used, or the quantity, quality, or cost of work performed or to be performed, in connection with the submission of a plan, map, specification, contract, or estimate of project cost for a project included in a grant application submitted to the Secretary of Transportation for approval under this subchapter;
(2) a false statement or claim for work or material for a project included in a grant application approved by the Secretary under this subchapter; or
(3) a false statement in a report or certification required under this subchapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47126 | 49 App.:2216. | Sept. 3, 1982, Pub. L. 97–248, §517, 96 Stat. 693. |
In this section, before clause (1), the words "association, firm, or corporation" are omitted because of 1:1. The words "fined under title 18" are substituted for "a fine of not to exceed $10,000" for consistency with title 18. In clauses (1)–(3), the words "false representation" are omitted as surplus. In clauses (1) and (2), the words "false report" are omitted as surplus. The words "included in a grant application" are added for clarity and consistency in this chapter. In clause (3), the words "to be made" are omitted as surplus.
(a)
(b)
(1) affects an airport in an area with an operating regional rapid transit system with existing facilities reasonably near the airport;
(2) includes connection of the airport terminal to that system;
(3) is consistent with and supports a regional airport system plan adopted by the planning agency for the region and submitted to the Secretary; and
(4) improves access to air transportation for individuals residing or working in the region by encouraging the optimal balance of use of airports in the region.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47127(a) | 49 App.:1713a(1). | July 12, 1976, Pub. L. 94–353, §23(a), 90 Stat. 884. |
| 47127(b) | 49 App.:1713a(2). |
In subsection (a), the words "To improve" are substituted for "which he determines will assist the improvement of" to eliminate unnecessary words.
In subsection (b)(2), the word "facilities" is omitted as surplus.
Section 13(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (a), is section 13(b) of Pub. L. 91–258, which was classified to section 1713(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
(a)
(b)
(1) deciding the State has an organization capable of effectively administering a block grant made under this section;
(2) deciding the State uses a satisfactory airport system planning process;
(3) deciding the State uses a programming process acceptable to the Secretary;
(4) finding that the State has agreed to comply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements; and
(5) finding that the State has agreed to provide the Secretary with program information the Secretary requires.
(c)
(d)
(1) coordinate and consult with the State;
(2) use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and
(3) as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal requirements.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277; Pub. L. 103–429, §6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, §147(a)–(c)(1), Oct. 9, 1996, 110 Stat. 3223; Pub. L. 104–287, §5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title I, §138, Apr. 5, 2000, 114 Stat. 85; Pub. L. 112–95, title V, §502, Feb. 14, 2012, 126 Stat. 103; Pub. L. 115–254, div. B, title I, §139, Oct. 5, 2018, 132 Stat. 3210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47128(a) | 49 App.:2227(a) (1st sentence), (b) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §534; added Dec. 30, 1987, Pub. L. 100–223, §116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, §9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, §116, 106 Stat. 4881. |
| 47128(b)(1) | 49 App.:2227(c) (1st, 2d sentences). | |
| 47128(b)(2) | 49 App.:2227(b) (last sentence). | |
| 47128(c) | 49 App.:2227(c) (last sentence). | |
| 47128(d) | 49 App.:2227(a) (last sentence), (d). |
In subsection (a), the words "Not later than 180 days after December 30, 1987" and "to become effective on October 1, 1989" are omitted as obsolete.
In subsection (b)(1)(A), the words "agency or" are omitted as surplus.
In subsection (b)(1)(D), the words "procedural and other" are omitted as surplus.
In subsection (d), the text of 49 App.:2227(d) is omitted as executed.
This amends 49:47128(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. 1278).
This makes a clarifying amendment to the catchline for 49:47128(d).
The National Environmental Policy Act of 1969, referred to in subsec. (b)(4), 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.
2018—Subsec. (a). Pub. L. 115–254 substituted "not more than 20 qualified States for each fiscal year" for "not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter".
2012—Subsec. (a). Pub. L. 112–95, §502(a), substituted "issue guidance" for "prescribe regulations" in first sentence and "guidance" for "regulations" in second sentence.
Subsec. (b)(4). Pub. L. 112–95, §502(b), inserted before semicolon ", including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements".
Subsec. (d). Pub. L. 112–95, §502(c), added subsec. (d).
2000—Subsec. (a). Pub. L. 106–181 substituted "9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter" for "8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter".
1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, §5(84). See 1996 Amendment note below.
1996—Pub. L. 104–264, §147(c)(1)(A), substituted "grant program" for "grant pilot program" in section catchline.
Subsec. (a). Pub. L. 104–264, §147(a)(1), (c)(1)(B), substituted "block grant program" for "block grant pilot program" and "8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter" for "7 qualified States".
Subsec. (b). Pub. L. 104–264, §147(a)(2), (3), struck out "(1)" before "A State wishing", redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: "For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina."
Subsec. (c). Pub. L. 104–264, §147(b), substituted "(b)(2) or (b)(3)" for "(b)(1)(B) or (C)" and inserted at end "In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system."
Subsec. (d). Pub. L. 104–287, §5(84), which directed amendment of heading by striking "and report", was repealed by Pub. L. 105–102.
Pub. L. 104–264, §147(c)(1)(C), struck out subsec. (d) which read as follows:
"(d)
1994—Subsec. (c). Pub. L. 103–429 substituted "subsection (b)(1)(B) or (C)" for "subsection (b)(2) or (3)".
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.
Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) 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.
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.
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.
(a)
(1)
(A) a written request for such determination is filed with the Secretary by such owner or operator; or
(B) a written complaint requesting such determination is filed with the Secretary by an affected air carrier or foreign air carrier within 60 days after such carrier receives written notice of the establishment or increase of such fee.
(2)
(3)
(4)
(b)
(1) the procedures for acting upon any written request or complaint filed under subsection (a)(1); and
(2) the standards or guidelines that shall be used by the Secretary in determining under this section whether an airport fee is reasonable.
(c)
(1) Not more than 120 days after an air carrier or foreign air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary shall issue a final order determining whether such fee is reasonable.
(2) Within 30 days after such complaint is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge; and thereafter the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary to ensure an orderly disposition of the matter within the 120-day period and any specifically applicable provisions of this section.
(3) The administrative law judge shall issue a recommended decision within 60 days after the complaint is assigned or within such shorter period as the Secretary may specify.
(4) If the Secretary, upon the expiration of 120 days after the filing of the complaint, has not issued a final order, the decision of the administrative law judge shall be deemed to be the final order of the Secretary.
(5) Any party to the dispute may seek review of a final order of the Secretary under this subsection in the Circuit Court of Appeals for the District of Columbia Circuit or the court of appeals in the circuit where the airport which gives rise to the written complaint is located.
(6) Any findings of fact in a final order of the Secretary under this subsection, if supported by substantial evidence, shall be conclusive if challenged in a court pursuant to this subsection. No objection to such a final order shall be considered by the court unless objection was urged before an administrative law judge or the Secretary at a proceeding under this subsection or, if not so urged, unless there were reasonable grounds for failure to do so.
(d)
(1)
(A)
(B)
(C)
(D)
(2)
(e)
(1) a fee imposed pursuant to a written agreement with air carriers or foreign air carriers using the facilities of an airport;
(2) a fee imposed pursuant to a financing agreement or covenant entered into prior to August 23, 1994; or
(3) any other existing fee not in dispute as of August 23, 1994.
(f)
(1) the rights of any party under any existing written agreement between an air carrier or foreign air carrier and the owner or operator of an airport; or
(2) the ability of an airport to meet its obligations under a financing agreement, or covenant, that is in force as of August 23, 1994.
(g)
(Added Pub. L. 103–305, title I, §113(a)(2), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 104–264, title I, §149(d), Oct. 9, 1996, 110 Stat. 3227; Pub. L. 104–287, §5(85), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 112–95, title I, §148(a), Feb. 14, 2012, 126 Stat. 31.)
This amends 49:47129(a)(1) to conform to the style of title 49.
These set out the date of enactment of 49:47129.
A prior section 47129 was renumbered section 47131 of this title.
2012—Pub. L. 112–95, §148(a)(1), substituted "Resolution of disputes concerning airport fees" for "Resolution of airport-air carrier disputes concerning airport fees" in section catchline.
Subsec. (a)(1). Pub. L. 112–95, §148(a)(6), (7), substituted "air carriers or foreign air carriers" for "air carriers" and "(as those terms are defined in section 40102)" for "(as defined in section 40102 of this title)" in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 112–95, §148(a)(4), substituted "air carrier or foreign air carrier" for "air carrier".
Subsec. (c)(1). Pub. L. 112–95, §148(a)(4), substituted "air carrier or foreign air carrier" for "air carrier".
Subsec. (d). Pub. L. 112–95, §148(a)(2), inserted "and Foreign Air Carrier" after "Carrier" in heading.
Subsec. (d)(1)(A) to (C). Pub. L. 112–95, §148(a)(4), substituted "air carrier or foreign air carrier" for "air carrier" wherever appearing.
Subsec. (d)(2). Pub. L. 112–95, §148(a)(3)–(5), inserted "and foreign air carrier" after "carrier" in heading and, in text, substituted "air carrier's or foreign air carrier's" for "air carrier's" in two places and "air carrier or foreign air carrier" for "air carrier".
Subsec. (e)(1). Pub. L. 112–95, §148(a)(6), substituted "air carriers or foreign air carriers" for "air carriers".
Subsec. (f)(1). Pub. L. 112–95, §148(a)(4), substituted "air carrier or foreign air carrier" for "air carrier".
1996—Subsec. (a)(1). Pub. L. 104–287, §5(85)(A), substituted "of this title" for "of this subtitle" in introductory provisions.
Subsec. (a)(4). Pub. L. 104–264 added par. (4).
Subsecs. (b), (e)(2). Pub. L. 104–287, §5(85)(B), substituted "August 23, 1994" for "the date of the enactment of this section".
Subsec. (e)(3). Pub. L. 104–287, §5(85)(C), substituted "August 23, 1994" for "such date of enactment".
Subsec. (f)(2). Pub. L. 104–287, §5(85)(B), substituted "August 23, 1994" for "the date of the enactment of this section".
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.
Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may award a contract, using sole source or limited source authority, or enter into a cooperative agreement with, or provide a grant from amounts made available under section 48103 to, a private company or entity for the collection of airport safety data. In the event that a grant is provided under this section, the United States Government's share of the cost of the data collection shall be 100 percent.
(Added Pub. L. 103–305, title I, §118(a), Aug. 23, 1994, 108 Stat. 1580; amended Pub. L. 108–176, title I, §154, Dec. 12, 2003, 117 Stat. 2507.)
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may contract, using sole source or limited source authority, for the collection of airport safety data."
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.
(a)
(1) a summary of airport development and planning completed;
(2) a summary of individual grants issued;
(3) an accounting of discretionary and apportioned funds allocated;
(4) the allocation of appropriations; and
(5) a detailed statement listing airports that the Secretary believes are not in compliance with grant assurances or other requirements with respect to airport lands and including the circumstances of such noncompliance, the timelines for corrective action, and the corrective action the Secretary intends to take to bring the airport sponsor into compliance.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1278, §47129; renumbered §47131, Pub. L. 103–305, title I, §113(a)(1), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 106–181, title VII, §722, Apr. 5, 2000, 114 Stat. 165; Pub. L. 112–95, title I, §152(c), Feb. 14, 2012, 126 Stat. 34.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47129 | 49 App.:2220. | Sept. 3, 1982, Pub. L. 97–248, §521, 96 Stat. 694. |
In this section, before clause (1), the words "on activities carried out" are substituted for "describing his operations" for clarity.
2012—Subsec. (a). Pub. L. 112–95 substituted "June 1" for "April 1" in introductory provisions, added pars. (1) to (4), and struck out former pars. (1) to (4) which read as follows:
"(1) a detailed statement of airport development completed;
"(2) the status of each project undertaken;
"(3) the allocation of appropriations;
"(4) an itemized statement of expenditures and receipts; and".
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, added par. (5) of subsec. (a), and added subsec. (b).
1994—Pub. L. 103–305 renumbered section 47129 of this title as this section.
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.
Section, added Pub. L. 104–264, title I, §142(a), Oct. 9, 1996, 110 Stat. 3221, temporarily directed the Administrator of the Federal Aviation Administration to issue guidelines to carry out not more than 10 pavement maintenance pilot projects.
Repeal 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.
(a)
(1) the airport;
(2) the local airport system; or
(3) any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property.
(b)
(1)
(2)
(A) the sale is approved by the Secretary;
(B) funding is provided under this subchapter for any portion of the public sponsor's acquisition of airport land; and
(C) an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner.
(3)
(c)
(Added Pub. L. 104–264, title VIII, §804(a), Oct. 9, 1996, 110 Stat. 3271; amended Pub. L. 112–95, title I, §149(a), Feb. 14, 2012, 126 Stat. 32.)
2012—Subsec. (b). Pub. L. 112–95, designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Pub. L. 112–95, title I, §149(b), Feb. 14, 2012, 126 Stat. 32, provided that: "The amendments made by subsection (a) [amending this section] shall apply to grants issued on or after October 1, 1996."
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.
Pub. L. 112–95, title VIII, §813, Feb. 14, 2012, 126 Stat. 124, provided that:
"(a)
"(b)
"(c)
"(1) enters into a written agreement with the Administrator that sets forth a 5-year capital improvement program for the airport, which—
"(A) includes the projected costs for the operation, maintenance, and capacity needs of the airport in order to comply with applicable design and safety standards of the Administration; and
"(B) appropriately adjusts such costs to account for inflation;
"(2) agrees in writing—
"(A) to waive all rights to receive entitlement funds or discretionary funds to be used at the airport under section 47114 or 47115 of title 49, United States Code, during the 5-year period of the capital improvement plan described in paragraph (1);
"(B) to perpetually comply with sections 47107(b) and 47133 of such title, unless granted specific exceptions by the Administrator in accordance with this section; and
"(C) to operate the airport as a public-use airport, unless the Administrator specifically grants a request to allow the airport to close; and
"(3) complies with all grant assurance obligations in effect as of the date of the enactment of this Act [Feb. 14, 2012] during the 20-year period beginning on the date of enactment of this Act.
"(d)
"(e)
"(f)
(a)
(b)
(1)
(A)
(i) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or
(ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B)
(C)
(2)
(3)
(c)
(1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination.
(2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes insolvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar law seeking the dissolution or reorganization of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee's property, assets, or business.
(3) The purchaser or lessee will maintain, improve, and modernize the facilities of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance, improvements, and modernization.
(4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved—
(A) by at least 65 percent of the air carriers serving the airport; and
(B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.
(5) The percentage increase in fees imposed on general aviation aircraft at the airport will not exceed the percentage increase in fees imposed on air carriers at the airport.
(6) Safety and security at the airport will be maintained at the highest possible levels.
(7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport.
(8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport.
(9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease.
(d)
(1)
(2)
(e)
(f)
(g)
(1) imposing a passenger facility charge under section 40117 of this title;
(2) receiving apportionments under section 47114 of this title; or
(3) collecting reasonable rental charges, landing fees, and other service charges from aircraft operators under section 40116(e)(2) of this title.
(h)
(i)
(j)
(k)
(l)
(Added Pub. L. 104–264, title I, §149(a)(1), Oct. 9, 1996, 110 Stat. 3224; amended Pub. L. 108–176, title I, §155(a), Dec. 12, 2003, 117 Stat. 2508; Pub. L. 112–95, title I, §§111(c)(2)(A)(iv), 156, Feb. 14, 2012, 126 Stat. 18, 36; Pub. L. 115–254, div. B, title I, §160(a), Oct. 5, 2018, 132 Stat. 3220.)
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
2018—Pub. L. 115–254, §160(a)(1), substituted "Airport investment partnership program" for "Pilot program on private ownership of airports" in section catchline.
Subsec. (b). Pub. L. 115–254, §160(a)(2), struck out ", with respect to not more than 10 airports," after "approve" in introductory provisions.
Subsec. (b)(2). Pub. L. 115–254, §160(a)(3), substituted "If the Secretary grants an exemption to a sponsor pursuant to paragraph (1), the Secretary shall grant an exemption to the sponsor" for "The Secretary may grant an exemption to a sponsor".
Subsec. (b)(3). Pub. L. 115–254, §160(a)(4), substituted "If the Secretary grants an exemption to a sponsor pursuant to paragraph (1), the Secretary shall grant an exemption to the corresponding purchaser or lessee" for "The Secretary may grant an exemption to a purchaser or lessee".
Subsec. (d). Pub. L. 115–254, §160(a)(5), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to participation of general aviation airports and large hub airports.
Subsecs. (l), (m). Pub. L. 115–254, §160(a)(6), added subsec. (l) and struck out former subsecs. (l) and (m) which related to report on implementation of the pilot program and defined "general aviation airport", respectively.
2012—Subsec. (b). Pub. L. 112–95, §156, substituted "10 airports" for "5 airports" in introductory provisions.
Subsec. (g)(1). Pub. L. 112–95, §111(c)(2)(A)(iv), substituted "charge" for "fee".
2003—Subsec. (b)(1)(A). Pub. L. 108–176, §155(a)(1), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
"(i) by at least 65 percent of the air carriers serving the airport; and
"(ii) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year."
Subsec. (b)(1)(B), (C). Pub. L. 108–176, §155(a)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).
Pub. L. 108–176, title I, §155(b), Dec. 12, 2003, 117 Stat. 2508, provided that: "The amendments made by subsection (a) [amending this section] shall not affect any application submitted before the date of enactment of this Act [Dec. 12, 2003]."
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.
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.
(a)
(b)
(c)
(1)
(2)
(A) payment of interest;
(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development;
(C) flexible non-Federal matching requirements; and
(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of the enactment of this section.
(Added Pub. L. 106–181, title I, §132(a), Apr. 5, 2000, 114 Stat. 80; amended Pub. L. 108–176, title I, §156, Dec. 12, 2003, 117 Stat. 2508.)
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
The date of the enactment of this section, referred to in subsec. (c)(2)(D), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
2003—Subsec. (a). Pub. L. 108–176 inserted ", after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act," after "approve" in first sentence.
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.
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.
(a)
(1) activities associated with the acquisition, by purchase or lease, and operation of eligible zero-emission vehicles and equipment, including removable power sources for such vehicles; and
(2) the construction or modification of infrastructure to facilitate the delivery of fuel, power or services necessary for the use of such vehicles.
(b)
(1) used exclusively on airport property; or
(2) used exclusively to transport passengers and employees between the airport and—
(A) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
(B) an intermodal surface transportation facility adjacent to the airport.
(c)
(d)
(e)
(1)
(A) technical assistance; and
(B) project management support to assist the airport with the solicitation, acquisition, and deployment of zero-emission vehicles, related equipment, and supporting infrastructure.
(2)
(A) a nonprofit organization selected by the Secretary; or
(B) a university transportation center receiving grants under section 5505 in the region of the airport.
(f)
(g)
(h)
(i)
(1)
(2)
(j)
(1)
(A) used exclusively on airport property; or
(B) used exclusively to transport passengers and employees between the airport and—
(i) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
(ii) an intermodal surface transportation facility adjacent to the airport.
(2)
(3)
(A) a zero-emission vehicle as defined in section 88.102–94 of title 40, Code of Federal Regulations; or
(B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any possible operational modes and conditions.
(Added Pub. L. 112–95, title V, §511(a), Feb. 14, 2012, 126 Stat. 107, §47136a; renumbered §47136 and amended Pub. L. 115–254, div. B, title I, §§166(b)(1), 192(a), Oct. 5, 2018, 132 Stat. 3226, 3239.)
A prior section 47136, added Pub. L. 106–181, title I, §133(a), Apr. 5, 2000, 114 Stat. 81; amended Pub. L. 112–95, title V, §511(d), Feb. 14, 2012, 126 Stat. 108, related to inherently low-emission airport vehicle pilot program, prior to repeal by Pub. L. 115–254, div. B, title I, §166(a), Oct. 5, 2018, 132 Stat. 3226.
2018—Pub. L. 115–254, §166(b)(1), renumbered section 47136a of this title as this section.
Subsecs. (a), (b). Pub. L. 115–254, §192(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to the establishment of a zero-emission vehicle pilot program and location in air quality nonattainment areas, respectively.
Subsecs. (d) to (j). Pub. L. 115–254, §192(a)(2), added subsecs. (d) to (j) and struck out former subsecs. (d) to (f) which related to Federal share of project costs, technical assistance, and materials identifying best practices, respectively.
Pub. L. 115–254, div. B, title I, §192(c), Oct. 5, 2018, 132 Stat. 3241, provided that:
"(1)
"(A) to facilitate the deployment of commercially viable zero-emission airport vehicles, technology, and related infrastructure; and
"(B) to minimize the risk of deploying such vehicles, technology, and infrastructure.
"(2)
"(A)
"(B)
"(3)
"(A)
"(i) conduct a national solicitation for applications for assistance under the program; and
"(ii) select the recipients of assistance under the program on a competitive basis.
"(B)
"(i) the ability of an applicant to contribute significantly to deploying zero-emission technology as the technology relates to airport operations;
"(ii) the financing plan and cost-share potential of the applicant; and
"(iii) other factors, as the Secretary determines appropriate.
"(C)
"(4)
"(A) to review and conduct demonstrations of zero-emission technologies and related infrastructure at airports;
"(B) to evaluate the credibility of new, unproven vehicle and energy-efficient technologies in various aspects of airport operations prior to widespread investment in the technologies by airports and the aviation industry;
"(C) to collect data and make the recipient's findings available to airports, so that airports can evaluate the applicability of new technologies to their facilities; and
"(D) to report the recipient's findings to the Secretary.
"(5)
"(A)
"(B)
"(6)
"(A)
"(B)
"(i) described [sic] in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
"(ii) a university transportation center receiving grants under section 5505 of title 49, United States Code; or
"(iii) any other Federal or non-Federal entity as the Secretary considers appropriate."
(a)
(b)
(1) evaluates and tests the benefits of innovative aviation security systems or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and
(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment.
(c)
(d)
(e)
(f)
(g)
(Added Pub. L. 106–181, title I, §134(a), Apr. 5, 2000, 114 Stat. 83; amended Pub. L. 108–176, title I, §157, Dec. 12, 2003, 117 Stat. 2508.)
2003—Subsecs. (e) to (g). Pub. L. 108–176 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
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.
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.
(a)
(b)
(1)
(A) to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and
(B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity.
(2)
(c)
(1) grant application and approval procedures; and
(2) requirements for the content of the instrument recording the purchase of the development rights.
(d)
(e)
(Added Pub. L. 108–176, title I, §152(a), Dec. 12, 2003, 117 Stat. 2506.)
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.
(a)
(1) The provision of credits is consistent with the Clean Air Act (42 U.S.C. 7402 et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor and may only be used for purposes of any current or future general conformity determination under the Clean Air Act or as offsets under the Environmental Protection Agency's new source review program for projects on the airport or associated with the airport.
(3) Credits are calculated and provided to airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a timely manner.
(5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
(b)
(c)
(Added Pub. L. 108–176, title I, §158(a), Dec. 12, 2003, 117 Stat. 2508; amended Pub. L. 112–95, title I, §§111(c)(2)(A)(v), 152(d), Feb. 14, 2012, 126 Stat. 18, 34; Pub. L. 115–254, div. B, title I, §166(b)(2), Oct. 5, 2018, 132 Stat. 3226.)
The Clean Air Act, referred to in subsec. (a)(1), (2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 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 7401 of Title 42 and Tables.
2018—Subsecs. (c), (d). Pub. L. 115–254 redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "The Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall determine how to provide appropriate emissions credits to airport projects previously approved under section 47136 consistent with the guidance and conditions specified in subsection (a)."
2012—Subsec. (a). Pub. L. 112–95, §152(d)(1), struck out "47102(3)(F)," after "40117(a)(3)(G)," in introductory provisions.
Subsec. (b). Pub. L. 112–95, §152(d)(2), struck out "47102(3)(F)," after "grant for a project described in section" and "47103(3)(F)," after "40117(a)(3)(G),".
Pub. L. 112–95, §111(c)(2)(A)(v), substituted "charge" for "fee".
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.
(a)
(b)
(1)
(2)
(Added Pub. L. 112–95, title V, §512(a), Feb. 14, 2012, 126 Stat. 109, §47140a; renumbered §47140 and amended Pub. L. 115–254, div. B, title I, §§166(b)(1), 171, Oct. 5, 2018, 132 Stat. 3226, 3227.)
A prior section 47140, added Pub. L. 108–176, title I, §159(a)(1), Dec. 12, 2003, 117 Stat. 2509, related to airport ground support equipment emissions retrofit pilot program, prior to repeal by Pub. L. 115–254, div. B, title I, §166(a), Oct. 5, 2018, 132 Stat. 3226.
2018—Pub. L. 115–254, §166(b)(1), renumbered section 47140a of this title as this section.
Subsec. (a). Pub. L. 115–254, §171(a), inserted ", and to reimburse the airport sponsor for the costs incurred in conducting the assessment" before period at end.
Subsec. (b)(2). Pub. L. 115–254, §171(b), inserted ", including a certification that no safety projects are being be deferred by requesting a grant under this section," after "an application".
(a)
(1) the airport operator has not submitted a noise compatibility program to the Secretary under section 47504 or has not updated such program within the preceding 10 years; and
(2) the land use plan or project meets the requirements of this section.
(b)
(1) have the authority to plan and adopt land use control measures, including zoning, in the planning area in and around a large or medium hub airport;
(2) enter into an agreement with the airport owner or operator that the development of the land use compatibility plan will be done cooperatively; and
(3) provide written assurance to the Secretary that it will achieve, to the maximum extent possible, compatible land uses consistent with Federal land use compatibility criteria under section 47502(3) and that those compatible land uses will be maintained.
(c)
(1) assurances satisfactory to the Secretary that the plan—
(A) is reasonably consistent with the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses;
(B) addresses ways to achieve and maintain compatible land uses, including zoning, building codes, and any other land use compatibility measures under section 47504(a)(2) that are within the authority of the State or unit of local government to implement;
(C) uses noise contours provided by the airport operator that are consistent with the airport operation and planning, including any noise abatement measures adopted by the airport operator as part of its own noise mitigation efforts;
(D) does not duplicate, and is not inconsistent with, the airport operator's noise compatibility measures for the same area; and
(E) has been approved jointly by the airport owner or operator and the State or unit of local government; and
(2) such other assurances as the Secretary determines to be necessary to carry out this section.
(d)
(e)
(f)
(Added Pub. L. 108–176, title I, §160(a), Dec. 12, 2003, 117 Stat. 2511; amended Pub. L. 110–253, §3(c)(2), June 30, 2008, 122 Stat. 2417; Pub. L. 110–330, §5(g), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(f), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(g), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(f), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(f), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(f), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(f), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(f), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(g), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(f), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(f), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(f), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(f), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(f), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(g), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(g), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §153, Feb. 14, 2012, 126 Stat. 34; Pub. L. 114–55, title I, §102(d), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(d), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(d), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §102(e), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, §102(d), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §117(b), Oct. 5, 2018, 132 Stat. 3201; Pub. L. 118–15, div. B, title II, §2202(h), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(h), Dec. 26, 2023, 137 Stat. 1113.)
2023—Subsec. (f). Pub. L. 118–34 substituted "March 8, 2024" for "December 31, 2023".
Pub. L. 118–15 substituted "December 31, 2023" for "September 30, 2023".
2018—Subsec. (f). Pub. L. 115–254 substituted "September 30, 2023" for "September 30, 2018".
Pub. L. 115–141 substituted "September 30, 2018" for "March 31, 2018".
2017—Subsec. (f). Pub. L. 115–63 substituted "March 31, 2018" for "September 30, 2017".
2016—Subsec. (f). Pub. L. 114–190 substituted "September 30, 2017" for "July 15, 2016".
Pub. L. 114–141 substituted "July 15, 2016" for "March 31, 2016".
2015—Subsec. (f). Pub. L. 114–55 substituted "March 31, 2016" for "September 30, 2015".
2012—Subsec. (f). Pub. L. 112–95 amended subsec. (f) generally. Prior to amendment, text read as follows: "This section shall not be in effect after February 17, 2012."
Pub. L. 112–91 substituted "February 17, 2012." for "January 31, 2012."
2011—Subsec. (f). Pub. L. 112–30 substituted "January 31, 2012." for "September 16, 2011."
Pub. L. 112–27 substituted "September 16, 2011." for "July 22, 2011."
Pub. L. 112–21 substituted "July 22, 2011." for "June 30, 2011."
Pub. L. 112–16 substituted "June 30, 2011." for "May 31, 2011."
Pub. L. 112–7 substituted "May 31, 2011." for "March 31, 2011."
2010—Subsec. (f). Pub. L. 111–329 substituted "March 31, 2011." for "December 31, 2010."
Pub. L. 111–249 substituted "December 31, 2010." for "September 30, 2010."
Pub. L. 111–216 substituted "September 30, 2010." for "August 1, 2010."
Pub. L. 111–197 substituted "August 1, 2010." for "July 3, 2010."
Pub. L. 111–161 substituted "July 3, 2010." for "April 30, 2010."
Pub. L. 111–153 substituted "April 30, 2010." for "March 31, 2010."
2009—Subsec. (f). Pub. L. 111–116 substituted "March 31, 2010." for "December 31, 2009."
Pub. L. 111–69 substituted "December 31, 2009." for "September 30, 2009."
Pub. L. 111–12 substituted "September 30, 2009." for "March 31, 2009."
2008—Subsec. (f). Pub. L. 110–330 substituted "March 31, 2009" for "September 30, 2008".
Pub. L. 110–253 substituted "September 30, 2008" for "September 30, 2007".
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.
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.
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.
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.
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.
Pub. L. 112–95, title VIII, §822, Feb. 14, 2012, 126 Stat. 128, as amended by Pub. L. 114–55, title I, §102(j), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(h), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(k), July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §102(j), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §102(h), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §117(d), Oct. 5, 2018, 132 Stat. 3201; Pub. L. 118–15, div. B, title II, §2202(v), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(v), Dec. 26, 2023, 137 Stat. 1114, provided that:
"(a)
"(b)
"(1) to support joint planning, engineering, design, and environmental permitting of projects, including the assembly and redevelopment of property purchased with noise mitigation funds made available under section 48103 of such title or passenger facility revenue collected under section 40117 of such title; and
"(2) to encourage airport-compatible land uses and generate economic benefits to the local airport authority and adjacent community.
"(c)
"(1) the operator has received approval for a noise compatibility program under section 47504 of such title; and
"(2) the operator demonstrates, as determined by the Administrator—
"(A) a readiness to implement cooperative land use management and redevelopment plans with neighboring local jurisdictions; and
"(B) the probability of a clear economic benefit to neighboring local jurisdictions and financial return to the airport through the implementation of those plans.
"(d)
"(e)
"(f)
"(1) made to enable the airport operator and local jurisdictions undertaking community redevelopment efforts to expedite those efforts;
"(2) subject to a requirement that the local jurisdiction governing the property interests subject to the redevelopment efforts has adopted and will continue in effect zoning regulations that permit airport-compatible redevelopment; and
"(3) subject to a requirement that, in determining the part of the proceeds from disposing of land that is subject to repayment and reinvestment requirements under section 47107(c)(2)(A) of such title, the total amount of a grant issued under the pilot program that is attributable to the redevelopment of such land shall be added to other amounts that must be repaid or reinvested under that section upon disposal of such land by the airport operator.
"(g)
"(1) shall be available to the Secretary for, giving preference to the actions in descending order—
"(A) reinvestment in an approved noise compatibility project at the applicable airport;
"(B) reinvestment in another approved project at the airport that is eligible for funding under section 47117(e) of such title;
"(C) reinvestment in an approved airport development project at the airport that is eligible for funding under section 47114, 47115, or 47117 of such title;
"(D) transfer to an operator of another public airport to be reinvested in an approved noise compatibility project at such airport; and
"(E) deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502);
"(2) shall be available in addition to amounts authorized under section 48103 of such title;
"(3) shall not be subject to any limitation on grant obligations for any fiscal year; and
"(4) shall remain available until expended.
"(h)
"(1)
"(2)
"(i)
"(j)
"(k)
(a)
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form that is approved by the Administrator;
(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
(4) use of a design-build contract will be cost effective and expedite the project;
(5) the Administrator is satisfied that there will be no conflict of interest; and
(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least 3 or more bids will be submitted for each project under the selection process.
(b)
(c)
(Added Pub. L. 108–176, title I, §181(a), Dec. 12, 2003, 117 Stat. 2515.)
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.
(a)
(1) the Administrator determines that such systems and sensors would improve safety or capacity in the National Airspace System; and
(2) the non-movement area surveillance surface display systems and sensors supplement existing movement area systems and sensors at the selected airports established under other programs administered by the Administrator.
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(3)
(A) provides the required transmit and receive data formats consistent with the National Airspace System architecture at the appropriate service delivery point;
(B) is on-airport; and
(C) is airport operated.
(Added Pub. L. 115–254, div. B, title I, §140(a), Oct. 5, 2018, 132 Stat. 3210; amended Pub. L. 118–15, div. B, title II, §2202(i), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(i), Dec. 26, 2023, 137 Stat. 1113.)
2023—Subsec. (c). Pub. L. 118–34 substituted "March 9, 2024" for "January 1, 2024".
Pub. L. 118–15 substituted "January 1, 2024" for "October 1, 2023".
(a)
(b)
(1) the airport is a public-use airport;
(2) the airport is listed in the National Plan of Integrated Airport Systems of the Federal Aviation Administration;
(3) the runway safety area of the airport was damaged as a result of a natural disaster;
(4) the airport was denied funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) 1 with respect to the disaster;
(5) the operator of the airport has exhausted all legal remedies, including legal action against any parties (or insurers thereof) whose action or inaction may have contributed to the need for the repair of the runway safety area;
(6) there is still a demonstrated need for the runway safety area to accommodate current or imminent aeronautical demand; and
(7) the cost of repairing or replacing the runway safety area is reasonable in relation to the anticipated operational benefit of repairing the runway safety area, as determined by the Administrator of the Federal Aviation Administration.
(Added Pub. L. 115–31, div. K, title I, §119F(a), May 5, 2017, 131 Stat. 734.)
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(4), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 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 5121 of Title 42 and Tables.
Section 119F(a) of Pub. L. 115–31, which directed amendment of "subchapter I of chapter 471" by adding at the end this section, was executed by adding this section at the end of subchapter I of chapter 471 of this title to reflect the probable intent of Congress.
1 See References in Text note below.
(a)
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation businesses at a public airport; and
(2) if the Administrator of General Services approves the conveyance and decides the interest is not best suited for industrial use.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1278; Pub. L. 106–181, title I, §§125(c), 135(d)(1), 136, Apr. 5, 2000, 114 Stat. 75, 84, 85; Pub. L. 112–95, title I, §152(f), Feb. 14, 2012, 126 Stat. 34.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47151(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. |
| 50 App.:1622(g)(1). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(1); added July 30, 1947, ch. 404, §2, 61 Stat. 678; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807; May 21, 1970, Pub. L. 91–258, §52(b)(6), 84 Stat. 235; Sept. 3, 1982, Pub. L. 97–248, §524(c), 96 Stat. 696. | |
| 47151(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622b. | Oct. 1, 1949, ch. 589, §3, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47151(c) | 50 App.:1622(g)(5), (6). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(5), (6); added July 30, 1947, ch. 404, §2, 61 Stat. 680. |
In subsection (a), before clause (1), the words "Notwithstanding any other provision of this Act" are omitted as surplus. The words "Subject to sections 47152 and 47153 of this title" are substituted for "but subject to the terms, conditions, reservations, and restrictions hereinafter provided for" to eliminate unnecessary words. The words "a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation" are substituted for "any disposal agency designated pursuant to this Act" for clarity because disposal agencies were Government agencies designated under 50 App.:1619(a), that was repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399), and Government agencies were all departments, agencies, and instrumentalities of the executive branch of the United States Government and wholly owned Government corporations. The word "give" is substituted for "convey or dispose of . . . without monetary consideration to the United States", to eliminate unnecessary words. The word "municipality" is omitted as being included in "political subdivision". The words "of a State" are added for clarity and consistency in the revised title and with other titles of the United States Code. The word "organization" is substituted for "institution" for consistency in the revised title. The words "all of the right, title, and . . . of the United States . . . and to . . . real or personal" are omitted as surplus. In clause (1)(A), the words "essential, suitable, or" are omitted as surplus. In clause (1)(B), the words "of the grantee" are omitted as surplus. In clause (2), the words "Administrator of General Services" are substituted for "[War Assets] Administrator" in section 13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). The words "and decides the interest is not best suited for industrial use" are substituted for "(exclusive of property the highest and best use of which is determined by the Administrator of General Services to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection)" to eliminate unnecessary words.
Subsection (b) is substituted for 50 App.:1622b to eliminate unnecessary words.
In subsection (c), the text of 50 App.:1622(g)(5) is omitted as obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399). The words "An interest in surplus property that could be used at a public airport" are substituted for "All surplus property within the purview of this subsection" for clarity. The words "elsewhere in this Act or other applicable" are omitted as surplus. The word "law" is substituted for "Federal Statute" for consistency in the revised title and with other titles of the Code.
2012—Subsec. (e). Pub. L. 112–95 struck out "(other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note))" after "subsection (a)".
2000—Subsec. (a). Pub. L. 106–181, §135(d)(1)(A)(i), substituted "convey to" for "give" in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, §135(d)(1)(A)(ii), substituted "conveyance" for "gift".
Subsec. (b). Pub. L. 106–181, §135(d)(1)(B), substituted "conveying" for "giving" and "conveyance" for "gift".
Subsec. (c). Pub. L. 106–181, §135(d)(1)(C), substituted "Conveyed" for "Given" in heading and "conveyed" for "given" in text.
Subsec. (d). Pub. L. 106–181, §125(c), added subsec. (d).
Subsec. (e). Pub. L. 106–181, §136, added subsec. (e).
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.
Nothing in amendment by section 125(c) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
Except as provided in section 47153 of this title, the following terms apply to a conveyance of an interest in surplus property under this subchapter:
(1) A State, political subdivision of a State, or tax-supported organization receiving the interest may use, lease, salvage, or dispose of the interest for other than airport purposes only after the Secretary of Transportation gives written consent that the interest can be used, leased, salvaged, or disposed of without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is located.
(2) The interest shall be used and maintained for public use and benefit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others in the same class from using the airport at which the property is located—
(A) to conduct an aeronautical activity requiring the operation of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (including maintaining and repairing aircraft, aircraft engines, propellers, and appliances).
(4) The State, political subdivision, or tax-supported organization accepting the interest shall clear and protect the aerial approaches to the airport by mitigating existing, and preventing future, airport hazards.
(5) During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or possess, without charge, any part of the public airport at which the property is located. However, the Government shall—
(A) pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency;
(B) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining the property it uses nonexclusively, or over which the Government has nonexclusive control or possession, during the emergency; and
(C) pay a fair rental for use, control, or possession of improvements to the airport made without Government assistance.
(6) The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the Government shall—
(A) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining and operating the landing area; and
(B) pay for damages caused by its use of the landing area if its use of the landing area is substantial.
(7) The State, political subdivision, or tax-supported organization accepting the interest shall release the Government from all liability for damages arising under an agreement that provides for Government use of any part of an airport owned, controlled, or operated by the State, political subdivision, or tax-supported organization on which, adjacent to which, or in connection with which, the property is located.
(8) When a term under this section is not satisfied, any part of the interest in the property reverts to the Government, at the option of the Government, as the property then exists.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1279; Pub. L. 106–181, title I, §135(d)(2), Apr. 5, 2000, 114 Stat. 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47152 | 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. |
| 50 App.:1622(g)(2). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(2); added July 30, 1947, ch. 404, §2, 61 Stat. 678; Oct. 1, 1949, ch. 589, §1, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In this section, before paragraph (1), the words "conditions, reservations, and restrictions" and "the authority of" are omitted as surplus. In paragraph (1), the words "A State, political subdivision of a State, or tax-supported organization receiving the interest" are substituted for "grantee or transferee" for clarity. The words "sold" and "disposed of under the authority of this subsection" are omitted as surplus. In paragraph (2), the words "transferred for airport purposes" are omitted as surplus. In paragraph (3), before clause (A), the words "For the purpose of this condition, an exclusive right is defined to mean" and "any exclusive right to" are omitted because of the restatement. The words "exclusive" and "(either directly or indirectly)" are omitted as surplus. The words "or persons" are omitted because of 1:1. The words "disposed of" are omitted as surplus. In clause (A), the word "particular" is omitted as surplus. In paragraph (4), the words "removing, lowering, relocating, marking, or lighting or otherwise" and "the establishment or creation of" are omitted as surplus. In paragraphs (5)–(7), the words "or used" are omitted as surplus. In paragraph (5), before clause (A), the words "exclusive or nonexclusive" and "as it may desire" are omitted as surplus. In clause (A), the word "pay" is substituted for "be responsible for" to eliminate unnecessary words. The words "during the emergency" are substituted for "during the period of such use, possession, or control" to eliminate unnecessary words and for clarity. In clause (B), the words "be obligated to" are omitted as surplus. The words "during the emergency" are added for clarity. In clause (C), the words "exclusively or nonexclusively" are omitted as surplus. In paragraph (6), before clause (A), the words "as may be determined at any time" are omitted as surplus. In clause (B), the words "be obligated to" are omitted as surplus. In paragraph (7), the words "The State, political subdivision, or tax-supported organization accepting the interest" are substituted for "Any public agency accepting a conveyance or transfer of surplus property under the provisions of this subsection" to eliminate unnecessary words and for consistency in this section. The words "any and . . . it may be under for restoration or other . . lease or other" are omitted as surplus. The text of 50 App.:1622(g)(2)(G) (proviso) is omitted because 49 App.:1116 was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235). Paragraph (8) is substituted for 50 App.:1622(g)(2)(H) to eliminate unnecessary words.
2000—Pub. L. 106–181 substituted "conveyances" for "gifts" in section catchline and "conveyance" for "gift" in introductory provisions.
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.
(a)
(A) the property no longer serves the purpose for which it was conveyed; or
(B) the waiver will not prevent carrying out the purpose for which the conveyance was made and is necessary to advance the civil aviation interests of the United States.
(2) The Secretary of Transportation shall waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation interests of the United States.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280; Pub. L. 106–181, title I, §§125(d), 135(d)(3), Apr. 5, 2000, 114 Stat. 76, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47153(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. |
| 50 App.:1622c. | Oct. 1, 1949, ch. 589, §4, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47153(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622(g)(3). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(3); added July 30, 1947, ch. 404, §2, 61 Stat. 680; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In subsection (a), before clause (1), the words "Notwithstanding any other provision of law" and "further" are omitted as surplus. The word "waive" is substituted for "grant releases from" and "and to convey, quitclaim, or release any right or interest reserved to the United States by" to eliminate unnecessary words. The words "a term of a gift of an interest in property under this subchapter" are substituted for "any of the terms, conditions, reservations, and restrictions contained in . . . any such instrument of disposal" for clarity and consistency. In clause (1), the words "transferred by such instrument" are omitted as surplus. In clause (2), the text of 50 App.:1622c (last proviso) is omitted as executed. The words "protect or" are omitted as surplus.
In subsection (b), the words "In making any disposition of surplus property under this subsection" are omitted as surplus. The words "Secretary of a military department" are substituted for "the Secretary of the Army, or the Secretary of the Navy" for consistency with other titles of the United States Code and to eliminate unnecessary words. The words "Secretary of the Army" are substituted for "Secretary of War" in section 13(g)(3) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air Force is included in "Secretary of a military department" because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). The word "waive" is substituted for "omit from the instrument of disposal" to eliminate unnecessary words and for consistency in this subchapter. The words "conditions, reservations, and restrictions" are omitted as surplus.
2000—Subsec. (a)(1). Pub. L. 106–181, §135(d)(3), substituted "conveyance" for "gift" in introductory provisions and subpar. (B) and "conveyed" for "given" in subpar. (A).
Subsec. (c). Pub. L. 106–181, §125(d), added subsec. (c).
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.
Nothing in amendment by section 125(d) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
(a)
(1) provides for better coordination among the Federal, regional, State, and local agencies concerned with the preparation of environmental impact statements or environmental assessments under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) provides that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently, to the maximum extent practicable; and
(3) provides that any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal agency or airport sponsor for such a project will be completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (d) with respect to the project.
(b)
(1)
(2)
(3)
(A)
(B)
(i) the importance or urgency of the project;
(ii) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(iii) the need for cooperation and concurrent reviews by other Federal or State agencies;
(iv) the prospect for undue delay if the project is not designated for priority review; and
(v) for aviation security projects, the views of the Department of Homeland Security.
(c)
(1)
(2)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(i)
(1)
(2)
(j)
(k)
(l)
(m)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2534; amended Pub. L. 115–254, div. B, title I, §191(a), title V, §539(q), Oct. 5, 2018, 132 Stat. 3238, 3371.)
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(3)(B)(ii), and (l), 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.
Executive Order No. 13274, referred to in subsec. (m), is set out as a note under section 301 of this title.
2018—Subsec. (a). Pub. L. 115–254, §191(a)(1), inserted "general aviation airport construction or improvement projects," after "congested airports," in introductory provisions.
Subsec. (b)(2), (3). Pub. L. 115–254, §191(a)(2), added par. (2) and redesignated former par. (2) as (3).
Subsecs. (c)(1), (d), (h), (k). Pub. L. 115–254, §191(a)(3)–(6), substituted "subsection (b)(3)" for "subsection (b)(2)".
Subsec. (l). Pub. L. 115–254, §539(q), substituted "4321" for "4371".
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 an Effective Date of 2003 Amendment note under section 106 of this title.
Pub. L. 108–176, title III, §302, Dec. 12, 2003, 117 Stat. 2533, provided that: "Congress finds that—
"(1) airports play a major role in interstate and foreign commerce;
"(2) congestion and delays at our Nation's major airports have a significant negative impact on our Nation's economy;
"(3) airport capacity enhancement projects at congested airports are a national priority and should be constructed on an expedited basis;
"(4) airport capacity enhancement projects must include an environmental review process that provides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and
"(5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from the continued growth of aviation."
Pub. L. 108–176, title III, §308, Dec. 12, 2003, 117 Stat. 2539, provided that: "Nothing in this subtitle [subtitle A (§§301–309) of title III of Pub. L. 108–176, enacting this subchapter, amending sections 40104, 47106, and 47504 of this title, and enacting provisions set out as notes under this section], including any amendment made by this title [enacting this subchapter and amending sections 40104, 40128, 47106, 47503, and 47504 of this title], shall preempt or interfere with—
"(1) any practice of seeking public comment;
"(2) any power, jurisdiction, or authority that a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project; and
"(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 [4321] et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act."
Pub. L. 108–176, title III, §309, Dec. 12, 2003, 117 Stat. 2540, provided that: "The coordinated review process required under the amendments made by this subtitle [enacting this subchapter and amending sections 40104, 47106, and 47504 of this title] shall apply to an airport capacity enhancement project at a congested airport whether or not the project is designated by the Secretary of Transportation as a high-priority transportation infrastructure project under Executive Order 13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews)."
(a)
(b)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2537.)
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 an Effective Date of 2003 Amendment note under section 106 of this title.
(a)
(1) to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project;
(2) to conduct special environmental studies related to an airport project funded with Federal funds;
(3) to conduct special studies or reviews to support approved noise compatibility measures described in part 150 of title 14, Code of Federal Regulations;
(4) to conduct special studies or reviews to support environmental mitigation in a record of decision or finding of no significant impact by the Federal Aviation Administration; and
(5) to facilitate the timely processing, review, and completion of environmental activities associated with new or amended flight procedures, including performance-based navigation procedures, such as required navigation performance procedures and area navigation procedures.
(b)
(c)
(1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;
(2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and
(3) shall remain available until expended.
(d)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2537; amended Pub. L. 112–95, title V, §503, Feb. 14, 2012, 126 Stat. 103.)
Section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002, referred to in subsec. (d), is section 337 of Pub. L. 107–87, Dec. 18, 2001, 115 Stat. 862, which is not classified to the Code.
2012—Subsec. (a). Pub. L. 112–95 substituted "services of consultants—" for "services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project." and added pars. (1) to (5).
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 an Effective Date of 2003 Amendment note under section 106 of this title.
In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $4,200,000 for fiscal year 2004 and for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2538.)
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 an Effective Date of 2003 Amendment note under section 106 of this title.
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and
(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays.
(4)
(A) has as its primary purpose reducing the risk of injury to persons or damage to aircraft and property, as determined by the Administrator; and
(B)(i) is needed to respond to a recommendation from the National Transportation Safety Board, as determined by the Administrator; or
(ii) is necessary for an airport to comply with part 139 of title 14, Code of Federal Regulations (relating to airport certification).
(5)
(6)
(7)
(8)
(A) a project for the construction or extension of a runway, including any land acquisition, helipad, taxiway, safety area, apron, or navigational aids associated with the runway or runway extension, at a general aviation airport, a reliever airport, or a commercial service airport that is not a primary airport (as such terms are defined in section 47102); and
(B) any other airport development project that the Secretary designates as facilitating aviation capacity building projects at a general aviation airport.
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2538; amended Pub. L. 112–95, title I, §152(g), Feb. 14, 2012, 126 Stat. 34; Pub. L. 115–254, div. B, title I, §191(b), Oct. 5, 2018, 132 Stat. 3239.)
2018—Par. (8). Pub. L. 115–254 added par. (8).
2012—Par. (2). Pub. L. 112–95, §152(g)(1), substituted "2004 or any successor report" for "2001".
Par. (7). Pub. L. 112–95, §152(g)(2), added par. (7).
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 an Effective Date of 2003 Amendment note under section 106 of this title.
In this chapter—
(1) "airport property" means an interest in property used or useful in operating and maintaining an airport.
(2) "airway property" means an interest in property used or useful in operating and maintaining a ground installation, facility, or equipment desirable for the orderly and safe operation of air traffic, including air navigation, air traffic control, airway communication, and meteorological facilities.
(3) "foreign territory" means an area—
(A) over which no government or a government of a foreign country has sovereignty;
(B) temporarily under military occupation by the United States Government; or
(C) occupied or administered by the Government or a government of a foreign country under an international agreement.
(4) "territory outside the continental United States" means territory outside the 48 contiguous States and the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47301(1)–(3) | 49 App.:1151. | June 16, 1948, ch. 473, §2, 62 Stat. 450; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 47301(4) | (no source). |
In this section, the words "the purposes of" and "The term" are omitted as surplus.
In clauses (1) and (2), the words "real or personal", "directly or indirectly", "administration", and "(including parts and components thereof)" are omitted as surplus.
In clause (1), the words "including . . . (1) land; (2) runways, strips, taxiways, and parking aprons; (3) buildings, structures, improvements, and facilities, whether or not used in connection with the landing and take-off of aircraft; and (4) equipment . . . furniture, vehicles, and supplies" are omitted as being included in "an interest in property".
In clause (2), the words "necessary or" are omitted as surplus.
In clause (3), before subclause (A), the words "of land or water" are omitted as surplus. In subclause (A), the words "no government or a government of a foreign country" are substituted for "no nation or a nation other than the United States" for consistency in the revised title and with other titles of the United States Code. The words "(including territory of undetermined sovereignty and the high seas)" are omitted as surplus. In subclause (C), the words "government of a foreign country" are substituted for "other nation" for consistency in the revised title and with other titles of the Code.
Clause (4) is derived from the source provisions of the chapter and is included to avoid repeating the phrase "territory (including Alaska) outside the continental limits of the United States".
(a)
(1) the Secretary of Transportation may acquire, establish, and construct airport property and airway property (except meteorological facilities) in foreign territory; and
(2) the Secretary of Commerce may acquire, establish, and construct meteorological facilities in foreign territory.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47302(a), (b) | 49 App.:1152. | June 16, 1948, ch. 473, §3, 62 Stat. 451; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 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. | |
| 47302(c) | 49 App.:1154. | June 16, 1948, ch. 473, §5, 62 Stat. 451. |
| 49 App.:1655(c)(1). |
In this chapter, 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 this section, the title "Secretary of Commerce" is substituted for "Chief of the Weather Bureau of the Department of Commerce" in section 3, and "Chief of the Weather Bureau" in section 5, of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words "by contract or otherwise" are omitted as surplus. The words "airport property and airway property (except meteorological facilities)" and "meteorological facilities" are substituted for "within their respective fields" for clarity.
In subsection (b), the words "for the airport" are substituted for "for such purpose" for clarity. The words "by the Congress" are omitted as surplus.
In subsection (c), the words "on behalf of the United States" are omitted as surplus. The words "sold or provided" are substituted for "supplied or . . . performed" for consistency in this chapter. The words "by the Secretary of Transportation or the Secretary of Commerce, either directly or indirectly" and "the authority of" are omitted as surplus. The words "or the Civil Aeronautics Act of 1938, as amended" are omitted as obsolete because the Act was repealed by section 1401(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 806). The words "including the operation of airport property and airway property in such countries, the training of foreign nationals, the rendering of technical assistance and advice to such countries, and the performance of other similar services" are omitted as being included in "facilities or services sold or provided". The words "or both" are substituted for "or (C) in part as provided under clause (A) and in part as provided under clause (B)" to eliminate unnecessary words.
Subject to the concurrence of the Secretary of State, the Secretary of Transportation or Commerce, as appropriate, may train a foreign citizen in a subject related to aeronautics and essential to the orderly and safe operation of civil aircraft. The training may be provided—
(1) directly by the appropriate Secretary or jointly with another department, agency, or instrumentality of the United States Government;
(2) through a public or private agency of the United States (including a State or municipal educational institution); or
(3) through an international organization.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47303 | 49 App.:1153. | June 16, 1948, ch. 473, §4, 62 Stat. 451. |
| 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 title "Secretary of Commerce" is substituted for "Chief of the Weather Bureau" in section 4 of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words "within or outside the United States" are omitted as surplus. The word "citizen" is substituted for "nationals" as being more appropriate. In clause (1), the word "jointly" is substituted for "or in conjunction" to eliminate unnecessary words. The words "department, agency, or instrumentality of the United States Government" are substituted for "United States Government agency" for consistency in the revised title and with other titles of the United States Code.
(a)
(b)
(1) the Secretary of the military department finds that the property or facility is no longer required exclusively for military purposes; and
(2) the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to carry out this chapter.
(c)
(A) the approval of the Secretary of Defense; and
(B) each obligation assumed by the United States Government under an agreement between the Government and the Republic of Panama.
(2) The Secretary of a military department may transfer without charge to the Secretary of Transportation property located in the Republic of Panama when the Secretary of Transportation decides that the transfer may be useful in carrying out this chapter.
(3) Subsection (b) of this section (related to the Secretary of Transportation) and section 47302(a) and (b) of this title do not apply in carrying out this subsection.
(d)
(2) On the recommendation of the Secretary of Transportation or Commerce, as appropriate, the Secretary of a military department may decide not to act under paragraph (1) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47304(a) | 49 App.:1155. | June 16, 1948, ch. 473, §§6, 8(a), (b), 62 Stat. 452; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 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. | |
| 47304(b) | 49 App.:1157(a), (b). | |
| 49 App.:1655(c)(1). | ||
| 47304(c)(1) | 49 App.:1156(a), (b). 49 App.:1655(c)(1). |
June 16, 1948, ch. 473, §§7, 9, 62 Stat. 452, 453. |
| 47304(c)(2) | 49 App.:1156(c). | |
| 49 App.:1655(c)(1). | ||
| 47304(c)(3) | 49 App.:1156(d). | |
| 47304(d) | 49 App.:1158. | |
| 49 App.:1655(c)(1). |
In this section, the title "Secretary of Commerce" is substituted for "Chief of the Weather Bureau" in sections 6, 8, and 9 of the International Aviation Facilities Act (ch. 473, 62 Stat. 452) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words "including consideration agreed on" are substituted for "including provision for receiving, on behalf of the United States, such payment or other consideration for the property so transferred as may be agreed upon" to eliminate unnecessary words.
In subsections (b) and (c), the words "Secretary of a military department" are substituted for "National Military Establishment" (subsequently changed to "department of the Department of Defense" because of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)) because of 5:102 and 10:101.
In subsection (b), before clause (1), the words "if any, as may be . . . in specific cases", "at its discretion", and "therefor" are omitted as surplus. The word "except" is substituted for "exclusive of" for consistency in this chapter. The word "controls" is substituted for "in the possession of" for clarity. The word "considered" is omitted as surplus. In clause (2), the words "the purposes of" are omitted as surplus.
In subsection (c), reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977.
In subsection (c)(1), before clause (A), the words "and to do all things necessary in connection with the" are omitted as surplus. The word "airway" is added for consistency in this chapter. In clause (B), the words "treaty, convention, or" are omitted as surplus.
In subsection (c)(2), the words "in its discretion", "therefor", "airport property or airway property or other real or personal", and "the purposes of" are omitted as surplus.
In subsection (d)(1), the words "as determined by the Secretary of the department which made the transfer" are omitted as surplus. The words "(with any improvements to it)" are substituted for "together with any improvements or additions made thereto" to eliminate unnecessary words. The words "or persons" are omitted because of 1:1.
In subsection (d)(2), the words "decide not to act" are substituted for "in any case . . . waive any right or privilege conferred or reserved" to eliminate unnecessary words.
(a)
(1) adapt the property or facility to the needs of civil aeronautics;
(2) lease the property or facility for not more than 20 years;
(3) make a contract, or provide directly, for facilities and services;
(4) make reasonable charges for aeronautical services; and
(5) acquire an interest in property.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1282; Pub. L. 111–350, §5(o)(9), Jan. 4, 2011, 124 Stat. 3854.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47305(a) | 49 App.:1159(a) (1st sentence), (b). | June 16, 1948, ch. 473, §10(a) (1st sentence), (b)–(d), 62 Stat. 453, 454. |
| 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. | |
| 47305(b) | 49 App.:1159(c). | |
| 49 App.:1655(c)(1). | ||
| 47305(c) | 49 App.:1160. | June 16, 1948, ch. 473, §12, 62 Stat. 454; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808; Jan. 3, 1975, Pub. L. 93–623, §3, 88 Stat. 2103. |
| 49 App.:1655(c)(1). | ||
| 47305(d) | 49 App.:1159(d). | |
| 49 App.:1655(c)(1). |
In this section, the title "Secretary of Commerce" is substituted for "Chief of the Weather Bureau" in section 10(b)–(d), and for "Chief of the Weather Bureau" and "Weather Bureau" in section 12, of the International Aviation Facilities Act (ch. 473, 62 Stat. 454) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), before clause (1), the words "do and perform, by contract or otherwise, all acts and things necessary or incident to" and "pursuant to this chapter or any other provision of law" are omitted as surplus. In clause (1), the words "from time to time" and "by construction, installation, reengineering, relocation, or otherwise" are omitted as surplus. The text of 49 App.:1159(a)(2) is omitted as surplus because of 49:322(a). In clause (2), the words "under such conditions as he may deem proper" and "space or" are omitted as surplus. The words "for not more than 20 years" are substituted for "and for such periods as may be desirable (not to exceed twenty years)" to eliminate unnecessary words. The words "for purposes essential or appropriate to their consolidation, operation, protection, and administration under this chapter" are omitted as surplus. In clause (3), the words "the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other" and "necessary or desirable for the operation and administration of such properties" are omitted as surplus. In clause (4), the word "reasonable" is substituted for "just and reasonable" for consistency in the revised title and with other titles of the United States Code. The words "(including but not limited to landing fees and fees for the use of communication services)" are omitted as surplus. In clause (5), the words "by purchase or otherwise, real or personal" and "which he may consider necessary for the purposes of this section" are omitted as surplus.
In subsection (b), the words "including handling charges" are omitted as surplus. The words "facilities and services sold or provided" are substituted for "of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished" for consistency and to eliminate unnecessary words. The words "under subsection (a)(3) and (4) of this section" are added for clarity. The words "if any" are omitted as surplus. The words "deposited in the Treasury as" are substituted for "credited to" for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c), the words "use personnel and facilities of the United States Government most advantageously and without unnecessary duplication" are substituted for "to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated" to eliminate unnecessary words. The word "request" is substituted for "arrange for" for clarity. The words "department, agency, or instrumentality of the Government" are substituted for "other United States Government agencies" for consistency in the revised title and with other titles of the Code. The words "on a reimbursable basis" are substituted for "and to reimburse any such agency for such service out of funds appropriated to the Department of Transportation or the Department of Commerce, as the case may be" to eliminate unnecessary words.
2011—Subsec. (d). Pub. L. 111–350 substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".
Act May 9, 1956, ch. 241, 70 Stat. 146, provided: "That the Congress of the United States hereby approves the extension, from year to year, until June 30, 1999, of a lease of certain land comprising part of Annette Island, Alaska, for use by the Civil Aeronautics Administration [now the Federal Aviation Administration] as an airport, entered into by the United States of America and the Council of the Annette Island Reserve on December 13, 1948, section 5 of which lease provides that no renewal thereof shall extend beyond June 30, 1959, unless approved by Congress."
A person that knowingly and willfully violates a regulation prescribed by the Secretary of Transportation to carry out this chapter shall be fined under title 18, imprisoned for not more than 6 months, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47306 | 49 App.:1159(a) (last sentence). | June 16, 1948, ch. 473, §10(a) (last sentence), 62 Stat. 454. |
| 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 "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. The words "if such violation is committed in any area under the civil jurisdiction of the United States" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not more than $500", and the words "be deemed guilty of a misdemeanor" are omitted, for consistency with title 18.
2018—Pub. L. 115–254, div. B, title VII, §743(b), Oct. 5, 2018, 132 Stat. 3413, added item 47511.
2012—Pub. L. 112–95, title V, §506(b)(3), Feb. 14, 2012, 126 Stat. 106, which directed amendment of the analysis for subchapter II of this chapter by substituting "Penalties" for "Penalties for violating sections 47528–47530" in item 47531 and by adding item 47534, was executed to the analysis for this chapter to reflect the probable intent of Congress.
1994—Pub. L. 103–429, §6(72)(B), Oct. 31, 1994, 108 Stat. 4388, added item 47510.
Pub. L. 103–305, title III, §308(b), Aug. 23, 1994, 108 Stat. 1594, added item 47509.
In this subchapter—
(1) "airport" means a public-use airport as defined in section 47102 of this title.
(2) "airport operator" means—
(A) for an airport serving air carriers that have certificates from the Secretary of Transportation, any person holding an airport operating certificate issued under section 44706 of this title; and
(B) for any other airport, the person operating the airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47501(1) | 49 App.:2101(1). | Feb. 18, 1980, Pub. L. 96–193, §101(1), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(1), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §103(f), 101 Stat. 1489. |
| 49 App.:2101(3). | Feb. 18, 1980, Pub. L. 96–193, §101(3), 94 Stat. 50. | |
| 47501(2) | 49 App.:2101(2). | Feb. 18, 1980, Pub. L. 96–193, §101(2), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(2), 96 Stat. 696. |
| 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 "the term" are omitted as surplus.
In clause (1), the text of 49 App.:2101(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 (2), the word "valid" is omitted as surplus.
Pub. L. 116–283, div. A, title X, §1087, Jan. 1, 2021, 134 Stat. 3877, provided that:
"(a)
"(b)
Pub. L. 115–254, div. B, title I, §175, Oct. 5, 2018, 132 Stat. 3228, provided that: "When proposing a new area navigation departure procedure, or amending an existing procedure that would direct aircraft between the surface and 6,000 feet above ground level over noise sensitive areas, the Administrator of the Federal Aviation Administration shall consider the feasibility of dispersal headings or other lateral track variations to address community noise concerns, if—
"(1) the affected airport operator, in consultation with the affected community, submits a request to the Administrator for such a consideration;
"(2) the airport operator's request would not, in the judgment of the Administrator, conflict with the safe and efficient operation of the national airspace system; and
"(3) the effect of a modified departure procedure would not significantly increase noise over noise sensitive areas, as determined by the Administrator."
Pub. L. 112–95, title V, §510, Feb. 14, 2012, 126 Stat. 107, provided that: "Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], each owner or operator of a large hub airport (as defined in section 40102(a) of title 49, United States Code) shall publish on an Internet Web site of the airport a telephone number to receive aviation noise complaints related to the airport."
Pub. L. 106–181, title VII, §745, Apr. 5, 2000, 114 Stat. 178, as amended by Pub. L. 106–528, §7(a), Nov. 22, 2000, 114 Stat. 2521, provided that:
"(a)
"(b)
"(1) the threshold of noise at which health begins to be affected;
"(2) the effectiveness of noise abatement programs at airports located in the United States;
"(3) the impacts of aircraft noise on communities, including schools; and
"(4) the noise assessment practices of the Federal Aviation Administration and whether such practices fairly and accurately reflect the burden of noise on communities.
"(c)
"(d)
Pub. L. 106–181, title VII, §747, Apr. 5, 2000, 114 Stat. 179, required the Secretary of Transportation to conduct a study on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United States and develop recommendations for the reduction of the effects of nonmilitary helicopter noise, focusing on air traffic control procedures to address helicopter noise problems and the needs of law enforcement, considering the views of representatives of the helicopter industry, and report to Congress a report on the study not later than 1 year after Apr. 5, 2000.
After consultation with the Administrator of the Environmental Protection Agency and United States Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall by regulation—
(1) establish a single system of measuring noise that—
(A) has a highly reliable relationship between projected noise exposure and surveyed reactions of individuals to noise; and
(B) is applied uniformly in measuring noise at airports and the surrounding area;
(2) establish a single system for determining the exposure of individuals to noise resulting from airport operations, including noise intensity, duration, frequency, and time of occurrence; and
(3) identify land uses normally compatible with various exposures of individuals to noise.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47502 | 49 App.:2102. | Feb. 18, 1980, Pub. L. 96–193, §102, 94 Stat. 50. |
In this section, before clause (1), the words "Not later than the last day of the twelfth month which begins after February 18, 1980" are omitted as obsolete.
(a)
(1) be prepared in consultation with public agencies and planning authorities in the area surrounding the airport; and
(2) comply with regulations prescribed under section 47502 of this title.
(b)
(1)
(2)
(A) the forecast period of the applicable noise exposure map submitted by an airport operator under subsection (a); or
(B) the implementation period of the airport operator's noise compatibility program.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284; Pub. L. 108–176, title III, §324, Dec. 12, 2003, 117 Stat. 2542; Pub. L. 115–254, div. B, title I, §174, Oct. 5, 2018, 132 Stat. 3228.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47503(a) | 49 App.:2103(a)(1). | Feb. 18, 1980, Pub. L. 96–193, §103(a), 94 Stat. 50. |
| 47503(b) | 49 App.:2103(a)(2). |
In subsection (a), before clause (1), the words "After the effective date of the regulations promulgated in accordance with section 2102 of this Appendix" are omitted as executed. The words "of an airport" and "at such airport" are omitted as surplus. The word "how" is substituted for "the ways, if any, in which" to eliminate unnecessary words. In clause (1), the words "planning authorities" are substituted for "planning agencies" for consistency.
In subsection (b), the words "to the Secretary" are added for clarity. The words "after the submission to the Secretary of a noise exposure map under paragraph (1)" are omitted as surplus.
2018—Subsec. (b). Pub. L. 115–254 amended subsec. (b) generally. Prior to amendment, text read as follows: "If, in an area surrounding an airport, a change in the operation of the airport would establish a substantial new noncompatible use, or would significantly reduce noise over existing noncompatible uses, that is not reflected in either the existing conditions map or forecast map currently on file with the Federal Aviation Administration, the airport operator shall submit a revised noise exposure map to the Secretary showing the new noncompatible use or noise reduction."
2003—Subsec. (a). Pub. L. 108–176, §324(1), substituted "a forecast period that is at least 5 years in the future" for "1985," in introductory provisions.
Subsec. (b). Pub. L. 108–176, §324(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "If a change in the operation of an airport will establish a substantial new noncompatible use in an area surrounding the airport, the airport operator shall submit a revised noise exposure map to the Secretary showing the new noncompatible use."
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.
Pub. L. 108–176, title III, §322, Dec. 12, 2003, 117 Stat. 2540, provided that:
"(a)
"(b)
"(c)
(a)
(A) consulting with public agencies and planning authorities in the area surrounding the airport, United States Government officials having local responsibility for the airport, and air carriers using the airport; and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this subsection shall state the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent introducing additional noncompatible uses in the area covered by the map. The measures may include—
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a type or class of aircraft because of the noise characteristics of the aircraft;
(C) constructing barriers and acoustical shielding and soundproofing public buildings;
(D) using flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the airport; and
(E) acquiring land, air rights, easements, development rights, and other interests to ensure that the property will be used in ways compatible with airport operations.
(b)
(A) does not place an unreasonable burden on interstate or foreign commerce;
(B) is reasonably consistent with achieving the goal of reducing noncompatible uses and preventing the introduction of additional noncompatible uses; and
(C) provides for necessary revisions because of a revised map submitted under section 47503(b) of this title.
(2) A program (except as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) is deemed to be approved if the Secretary does not act within the 180-day period.
(3) The Secretary shall submit any part of a program related to flight procedures referred to in subsection (a)(2)(D) of this section to the Administrator of the Federal Aviation Administration. The Administrator shall approve or disapprove that part of the program.
(4) The Secretary shall not approve in fiscal years 2004 through 2007 a program submitted under subsection (a) if the program requires the expenditure of funds made available under section 48103 for mitigation of aircraft noise less than 65 DNL.
(c)
(A) an airport operator submitting the program; and
(B) a unit of local government in the area surrounding the airport, if the Secretary decides the unit is able to carry out the project.
(2)
(A) for projects to soundproof residential buildings—
(i) if the airport operator received approval for a grant for a project to soundproof residential buildings pursuant to section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987;
(ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter;
(B) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof residential buildings located on residential properties, and to acquire residential properties, at which noise levels are not compatible with normal operations of an airport—
(i) if the airport operator amended an existing local aircraft noise regulation during calendar year 1993 to increase the maximum permitted noise levels for scheduled air carrier aircraft as a direct result of implementation of revised aircraft noise departure procedures mandated for aircraft safety purposes by the Administrator of the Federal Aviation Administration for standardized application at airports served by scheduled air carriers;
(ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter;
(C) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out any part of a program developed before February 18, 1980, or before implementing regulations were prescribed, if the Secretary decides the program is substantially consistent with reducing existing noncompatible uses and preventing the introduction of additional noncompatible uses and the purposes of this chapter will be furthered by promptly carrying out the program;
(D) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof a building in the noise impact area surrounding the airport that is used primarily for educational or medical purposes and that the Secretary decides is adversely affected by airport noise;
(E) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47175) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations; and
(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project—
(i) consists of—
(I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or
(II) a contribution of the equivalent costs to be used for reconstruction if reconstruction is the preferred local solution;
(ii) is located at a school near the airport; and
(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.
(3) An airport operator may agree to make a grant made under paragraph (1)(A) of this subsection available to a public agency in the area surrounding the airport if the Secretary decides the agency is able to carry out the project.
(4) The Government's share of a project for which a grant is made under this subsection is the greater of—
(A) 80 percent of the cost of the project; or
(B) the Government's share that would apply if the amounts available for the project were made available under subchapter I of chapter 471 of this title for a project at the airport.
(5) The provisions of subchapter I of chapter 471 of this title related to grants apply to a grant made under this chapter, except—
(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides is inconsistent with, or unnecessary to carry out, this chapter.
(6)
(d)
(e)
(1)
(2)
(3)
(A) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;
(B) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and
(C) shall remain available until expended.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1285; Pub. L. 103–305, title I, §119, Aug. 23, 1994, 108 Stat. 1580; Pub. L. 103–429, §6(71), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 106–181, title I, §154, Apr. 5, 2000, 114 Stat. 88; Pub. L. 108–176, title I, §189, title III, §306, Dec. 12, 2003, 117 Stat. 2519, 2539; Pub. L. 112–95, title V, §§504, 505, Feb. 14, 2012, 126 Stat. 104; Pub. L. 115–232, div. A, title X, §1044, Aug. 13, 2018, 132 Stat. 1958.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47504(a) | 49 App.:2104(a). | Feb. 18, 1980, Pub. L. 96–193, §104(a), 94 Stat. 51; Dec. 30, 1987, Pub. L. 100–223, §301(a), 101 Stat. 1523. |
| 47504(b) | 49 App.:2104(b). | Feb. 18, 1980, Pub. L. 96–193, §104(b), (d), 94 Stat. 52, 53. |
| 47504(c) | 49 App.:2104(c). | Feb. 18, 1980, Pub. L. 96–193, §104(c), 94 Stat. 52; Sept. 3, 1982, Pub. L. 97–248, §524(b)(4), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §301(b), (c), 101 Stat. 1523; Oct. 28, 1991, Pub. L. 102–143, §336, 105 Stat. 947. |
| 47504(d) | 49 App.:2104(d). |
In subsection (a)(1)(A), the words "the officials of" are omitted as surplus. The words "planning authorities" are substituted for "planning agencies" for consistency.
In subsection (a)(2)(A), the word "establishing" is substituted for "the implementation of" for consistency.
In subsection (a)(2)(B), the words "the implementation of" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "to him" and "the measures to be undertaken in carrying out" are omitted as surplus. In clause (B), the word "achieving" is substituted for "obtaining" for clarity. The word "existing" is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2104(b) (3d sentence) to eliminate unnecessary words.
In subsection (c)(1)(B) and (2), the words "for which grant applications are made in accordance with such noise compatibility programs" are omitted as surplus.
In subsection (c)(1), before clause (A), the words "incur obligations to" and "further . . . under this section" are omitted as surplus. In clause (C), the words "to carry out any part of a program" are substituted for "any project to carry out a noise compatibility program", and the words "or before implementing regulations were prescribed" are substituted for "or the promulgation of its implementing regulations", for clarity and consistency. The words "the purposes of" before "reducing" are omitted as surplus. The word "noncompatible" is added after "existing" for clarity and consistency. In clause (D), the words "for any project" and "determined to be" are omitted as surplus.
In subsection (c)(2), the words "in turn" are omitted as surplus.
In subsection (c)(4), before clause (A), the words "All of" and "made under section 505 of that Act" are omitted as surplus. The word "except" is substituted for "unless" for clarity. In clause (1), the words "relating to United States share of project costs" are omitted as surplus. In clause (2), the words "the purposes of" are omitted as surplus.
In subsection (d), the words "by the Secretary or the Administrator of the Federal Aviation Administration" are omitted as surplus.
This redesignates 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) because the subject matter is similar to that of 49:47504(c)(2)(A) and (B) that was added by section 119(2) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1580).
Section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987, referred to in subsec. (c)(2)(A)(i), is section 301(d)(4)(B) of Pub. L. 100–223, which was set out as a note under section 2104 of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.
2018—Subsec. (c)(2)(F). Pub. L. 115–232 added subpar. (F).
2012—Subsec. (e). Pub. L. 112–95, §504, added subsec. (e).
Subsec. (f). Pub. L. 112–95, §505, added subsec. (f).
2003—Subsec. (b)(4). Pub. L. 108–176, §189, added par. (4).
Subsec. (c)(2)(C)–(E). Pub. L. 108–176, §306, realigned margins of subpars. (C) and (D) and added subpar. (E).
2000—Subsec. (c)(6). Pub. L. 106–181 added par. (6).
1994—Subsec. (c)(1)(A). Pub. L. 103–429, §6(71)(A), inserted "and" after semicolon at end.
Subsec. (c)(1)(B). Pub. L. 103–429, §6(71)(B), substituted a period for semicolon at end.
Subsec. (c)(1)(C), (D). Pub. L. 103–429, §6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(2). Pub. L. 103–305, §119(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (c)(2)(A)(iii). Pub. L. 103–429, §6(71)(D), struck out "and" after semicolon at end.
Subsec. (c)(2)(B)(iii). Pub. L. 103–429, §6(71)(E), substituted a semicolon for period at end.
Subsec. (c)(2)(C), (D). Pub. L. 103–429, §6(71)(F), substituted "to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection" for "an airport operator or unit of local government referred to in clause (A) or (B) of this paragraph".
Pub. L. 103–429, §6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(3). Pub. L. 103–305, §119(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 103–305, §119(3), struck out "paragraph (1) of" before "this subsection" in introductory provisions.
Pub. L. 103–305, §119(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 103–305, §119(1), redesignated par. (4) as (5).
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.
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.
(a)
(1) a noise exposure map and related information under section 47503 of this title, including the cost of obtaining the information; or
(2) a noise compatibility program under section 47504 of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47505 | 49 App.:2103(b). | Feb. 18, 1980, Pub. L. 96–193, §103(b), 94 Stat. 51; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(3), 96 Stat. 696. |
In subsection (a), before clause (1), the words "incur obligations to" are omitted as surplus.
(a)
(1) after acquiring the interest, there was a significant—
(A) change in the type or frequency of aircraft operations at the airport;
(B) change in the airport layout;
(C) change in flight patterns; or
(D) increase in nighttime operations; and
(2) the damages resulted from the change or increase.
(b)
(1) before the person acquired the interest, notice of the existence of the map was published at least 3 times in a newspaper of general circulation in the county in which the property is located; or
(2) the person is given a copy of the map when acquiring the interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47506 | 49 App.:2107. | Feb. 18, 1980, Pub. L. 96–193, §107, 94 Stat. 53. |
In subsection (a)(2), the words "for which recovery is sought have" are omitted as surplus.
No part of a noise exposure map or related information described in section 47503 of this title that is submitted to, or prepared by, the Secretary of Transportation and no part of a list of land uses the Secretary identifies as normally compatible with various exposures of individuals to noise may be admitted into evidence or used for any other purpose in a civil action asking for relief for noise resulting from the operation of an airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47507 | 49 App.:2106. | Feb. 18, 1980, Pub. L. 96–193, §106, 94 Stat. 53. |
The words "land uses which are" are omitted as surplus. The words "civil action" are substituted for "suit or action" for consistency in the revised title and with other titles of the United States Code. The words "damages or other" are omitted as surplus.
(a)
(1) the Secretary prescribed for new subsonic aircraft in regulations of the Secretary in effect on January 1, 1977; or
(2) of the International Civil Aviation Organization that are substantially compatible with standards of the Secretary for new subsonic aircraft in regulations of the Secretary at parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47508(a) | 49 App.:2122(a) (1st sentence words before last comma, last sentence). | Feb. 18, 1980, Pub. L. 96–193, §302(a), 94 Stat. 56. |
| 47508(b) | 49 App.:2122(a) (1st sentence words after last comma). | |
| 47508(c) | 49 App.:2122(a) (2d sentence). |
In this section, the word "providing" is substituted for "engaging in" for consistency in the revised title.
In subsection (a), the words "acting through the Administrator" and "acting through the Administrator of the Federal Aviation Administration (14 CFR part 36)" are omitted for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g). Before clause (1), the words "If, by January 1, 1980, the International Civil Aviation Organization (hereafter referred to as 'ICAO') does not reach an agreement" and "commence a rulemaking to" and 49 App.:2122(a) (last sentence) are omitted as executed. In clause (1), the words "as such regulations were" are omitted as surplus. In clause (2), the words "on noise standards and an international schedule" and "(annex 16)" are omitted as surplus. The words "of the Secretary for new subsonic aircraft in regulations of the Secretary at parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982" are substituted for "set forth in such regulations issued by the Secretary (14 CFR parts 36 and 91) during the 5-year period thereafter" for clarity and consistency.
In subsection (b), the words "in effect" are omitted as surplus.
Pub. L. 108–176, title III, §325, Dec. 12, 2003, 117 Stat. 2542, provided that: "Not later than April 1, 2005, the Secretary of Transportation shall issue final regulations to implement Chapter 4 noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization."
Pub. L. 106–181, title VII, §726, Apr. 5, 2000, 114 Stat. 167, as amended by Pub. L. 113–188, title XV, §1501(f), Nov. 26, 2014, 128 Stat. 2025, provided that:
"(a)
"(b)
"(1) are performance based and can be achieved by use of a full range of certifiable noise reduction technologies;
"(2) protect the useful economic value of existing Stage 3 aircraft in the United States fleet;
"(3) ensure that United States air carriers and aircraft engine and hushkit manufacturers are not competitively disadvantaged;
"(4) use dynamic economic modeling capable of determining impacts on all aircraft in service in the United States fleet; and
"(5) continue the use of a balanced approach to address aircraft environmental issues, taking into account aircraft technology, land use planning, economic feasibility, and airspace operational improvements."
Pub. L. 102–581, title III, §304, Oct. 31, 1992, 106 Stat. 4896, as amended by Pub. L. 109–155, title VII, §706(b), Dec. 30, 2005, 119 Stat. 2937, provided that:
"(a)
"(b)
"(c)
"(d)
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 103–305, title III, §308(a), Aug. 23, 1994, 108 Stat. 1593; amended Pub. L. 104–287, §5(86), Oct. 11, 1996, 110 Stat. 3398.)
1996—Subsec. (d). Pub. L. 104–287 substituted "August 23, 1994" for "the date of the enactment of this section".
Notwithstanding another law or a regulation prescribed or order issued under that law, the tradeoff provisions contained in appendix C of part 36 of title 14, Code of Federal Regulations, apply in deciding whether an aircraft complies with subpart I of part 91 of title 14.
(Added Pub. L. 103–429, §6(72)(A), Oct. 31, 1994, 108 Stat. 4387.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47510 | 49 App.:2125. | Feb. 18, 1980, Pub. L. 96–193, §305, 94 Stat. 57. |
The word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "subpart I of part 91" are substituted for "subpart E of part 91" because of the restatement of part 91. See 54 Fed. Reg. 34321 (Aug. 18, 1989).
(a)
(b)
(c)
(Added Pub. L. 115–254, div. B, title VII, §743(a), Oct. 5, 2018, 132 Stat. 3413.)
Congress finds that—
(1) aviation noise management is crucial to the continued increase in airport capacity;
(2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system;
(3) a noise policy must be carried out at the national level;
(4) local interest in aviation noise management shall be considered in determining the national interest;
(5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those available from passenger facility charges, for noise management;
(6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system;
(7) revenues derived from a passenger facility charge may be applied to noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger facility charge is the prescribing by the Secretary of Transportation of a regulation establishing procedures for reviewing airport noise and access restrictions on operations of stage 2 and stage 3 aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287; Pub. L. 112–95, title I, §111(c)(2)(A)(vi), (B), Feb. 14, 2012, 126 Stat. 18.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47521 | 49 App.:2151. | Nov. 5, 1990, Pub. L. 101–508, §9302, 104 Stat. 1388–378. |
2012—Par. (5). Pub. L. 112–95, §111(c)(2)(B), substituted "charges" for "fees".
Pars. (7), (8). Pub. L. 112–95, §111(c)(2)(A)(vi), substituted "charge" for "fee".
Pub. L. 115–254, div. B, title I, §172, Oct. 5, 2018, 132 Stat. 3227, provided that:
"(a)
"(1) the airport—
"(A) is certified under part 139 of title 14, Code of Federal Regulations;
"(B) has a runway that—
"(i) is longer than 8,000 feet and not less than 200 feet wide; and
"(ii) is load bearing with a pavement classification number of not less than 38; and
"(C) has a maintenance facility with a maintenance certificate issued under part 145 of such title; and
"(2) the operator of the stage 2 aircraft operates not more than 10 flights per month using that aircraft.
"(b)
"(1) the date that is 10 years after the date of the enactment of this Act [Oct. 5, 2018]; or
"(2) the date on which the Administrator determines that no stage 2 aircraft remain in service.
"(c)
"(1)
"(2)
In this subchapter—
(1) "air carrier", "air transportation", and "United States" have the same meanings given those terms in section 40102(a) of this title.
(2) "stage 3 noise levels" means the stage 3 noise levels in part 36 of title 14, Code of Federal Regulations, in effect on November 5, 1990.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47522 | 49 App.:2157(h). | Nov. 5, 1990, Pub. L. 101–508, §9308(h), 104 Stat. 1388–384. |
The definitions are made applicable to all of subchapter II, rather than only to those provisions based on 49 App.:2157 as in the source provisions, because the defined terms appear in several sections of subchapter II and it is assumed they are intended to have the same meaning in each of those sections.
(a)
(b)
(1) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(2) the impact of competition in the airline and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline industry.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47523 | 49 App.:2152. | Nov. 5, 1990, Pub. L. 101–508, §9303, 104 Stat. 1388–378. |
In this section, the text of 49 App.:2152(c) is omitted as executed.
In subsection (a), the words "(hereinafter in this chapter referred to as the 'Secretary')" are omitted because of the restatement. The words "this subchapter" (the first time they appear) are substituted for "the findings, determinations, and provisions of this chapter" to eliminate unnecessary words.
Subsection (b) is tabulated for clarity.
(a)
(b)
(1) an analysis of the anticipated or actual costs and benefits of the existing or proposed restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures considered that do not involve aircraft restrictions; and
(4) a comparison of the costs and benefits of the alternative measures to the costs and benefits of the proposed restriction.
(c)
(A) a restriction on noise levels generated on either a single event or cumulative basis;
(B) a restriction on the total number of stage 3 aircraft operations;
(C) a noise budget or noise allocation program that would include stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
(2) Not later than 180 days after the Secretary receives an airport or aircraft operator's request for approval of an airport noise or access restriction on the operation of a stage 3 aircraft, the Secretary shall approve or disapprove the restriction. The Secretary may approve the restriction only if the Secretary finds on the basis of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and nondiscriminatory;
(B) the restriction does not create an unreasonable burden on interstate or foreign commerce;
(C) the restriction is not inconsistent with maintaining the safe and efficient use of the navigable airspace;
(D) the restriction does not conflict with a law or regulation of the United States;
(E) an adequate opportunity has been provided for public comment on the restriction; and
(F) the restriction does not create an unreasonable burden on the national aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the Administrator of the Federal Aviation Administration, before November 5, 1990, has formed a working group (outside the process established by part 150 of title 14, Code of Federal Regulations) with a local airport operator to examine the noise impact of air traffic control procedure changes at the airport. However, if an agreement on noise reductions at that airport is made between the airport proprietor and one or more air carriers or foreign air carriers that constitute a majority of the carrier use of the airport, this paragraph applies only to a local action to enforce the agreement.
(4) The Secretary may reevaluate an airport noise or access restriction previously agreed to or approved under this subsection on request of an aircraft operator able to demonstrate to the satisfaction of the Secretary that there has been a change in the noise environment of the affected airport that justifies a reevaluation. The Secretary shall establish by regulation procedures for conducting a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of this subsection; and
(B) may be conducted only after 2 years after a decision under paragraph (2) of this subsection has been made.
(d)
(1) a local action to enforce a negotiated or executed airport noise or access agreement between the airport operator and the aircraft operators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or executed airport noise or access restriction agreed to by the airport operator and the aircraft operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or access restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access agreement or restriction in effect on November 5, 1990, that does not reduce or limit aircraft operations or affect aircraft safety;
(5)(A) an airport noise or access restriction adopted by an airport operator not later than October 1, 1990, and stayed as of October 1, 1990, by a court order or as a result of litigation, if any part of the restriction is subsequently allowed by a court to take effect; or
(B) a new restriction imposed by an airport operator to replace any part of a restriction described in subclause (A) of this clause that is disallowed by a court, if the new restriction would not prohibit aircraft operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final part of a program of a staged airport noise or access restriction if the initial part of the program was adopted during 1988 and was in effect on November 5, 1990.
(e)
(1) agreed to by the airport proprietor and aircraft operators;
(2) approved by the Secretary as required by subsection (c)(1) of this section; or
(3) rescinded.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288; Pub. L. 112–95, title I, §111(c)(2)(A)(vii), Feb. 14, 2012, 126 Stat. 18.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47524(a) | 49 App.:2153(a)(1). | Nov. 5, 1990, Pub. L. 101–508, §9304(a)(1)– (2)(C), (3)–(g), 104 Stat. 1388–379. |
| 47524(b) | 49 App.:2153(a)(2)(A), (c). | |
| 47524(c)(1) | 49 App.:2153(a)(2)(B), (b). | |
| 47524(c)(2) | 49 App.:2153(d). | |
| 47524(c)(3) | 49 App.:2153(a)(2)(D). | Nov. 5, 1990, Pub. L. 101–508, §9304(a)(2)(D), 104 Stat. 1388–380; Oct. 31, 1992, Pub. L. 102–581, §136(a), 106 Stat. 4889. |
| 47524(c)(4) | 49 App.:2153(f), (g). | |
| 47524(d) | 49 App.:2153(a)(2)(C). | |
| 47524(e) | 49 App.:2153(e). |
In subsection (a), the words "shall provide for establishing" are substituted for "shall require the establishment . . . of" as being more appropriate. The words "in accordance with the provisions of this section" are omitted as surplus.
In subsection (b), the words "proposed after October 1, 1990" are substituted for 49 App.:2153(a)(2)(A) to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words "not in effect on October 1, 1990" are substituted for 49 App.:2153(a)(2)(B) to eliminate unnecessary words. In clause (B), the words "direct or indirect" are omitted as surplus.
In subsection (c)(2)(A)–(D) and (F), the word "proposed" is omitted as surplus. In clause (D), the word "existing" is omitted as surplus.
In subsection (c)(4), the words "that justifies a reevaluation" are substituted for "and that a review and reevaluation . . . of the previously approved or agreed to noise restriction is therefore justified" to eliminate unnecessary words.
In subsection (d)(6), the words "calendar year" are omitted as surplus.
2012—Subsec. (e). Pub. L. 112–95 substituted "charge" for "fee" in introductory provisions.
The Secretary of Transportation shall conduct a study and decide on the application of section 47524(a)–(d) of this title to airport noise and access restrictions on the operation of stage 2 aircraft with a maximum weight of not more than 75,000 pounds. In making the decision, the Secretary shall consider—
(1) noise levels produced by those aircraft relative to other aircraft;
(2) the benefits to general aviation and the need for efficiency in the national air transportation system;
(3) the differences in the nature of operations at airports and the areas immediately surrounding the airports;
(4) international standards and agreements on aircraft noise; and
(5) other factors the Secretary considers necessary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47525 | 49 App.:2154. | Nov. 5, 1990, Pub. L. 101–508, §9305, 104 Stat. 1388–382. |
In this section, before clause (1), the words "conduct a study and decide on" are substituted for "determine by a study" for clarity. The words "with a maximum weight of not more than" are substituted for "weighing less than" for consistency with sections 47528 and 47529 of the revised title.
Unless the Secretary of Transportation is satisfied that an airport is not imposing an airport noise or access restriction not in compliance with this subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of this title; or
(2) impose a passenger facility charge under section 40117 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 112–95, title I, §111(c)(2)(A)(viii), Feb. 14, 2012, 126 Stat. 18.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47526 | 49 App.:2156. | Nov. 5, 1990, Pub. L. 101–508, §9307, 104 Stat. 1388–382. |
In this section, before clause (1), the words "Under no conditions" are omitted as surplus. In clause (2), the words "or collect" are omitted as surplus.
2012—Par. (2). Pub. L. 112–95 substituted "charge" for "fee".
When a proposed airport noise or access restriction is disapproved under this subchapter, the United States Government shall assume liability for noise damages only to the extent that a taking has occurred as a direct result of the disapproval. The United States Court of Federal Claims has exclusive jurisdiction of a civil action under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47527 | 49 App.:2155. | Nov. 5, 1990, Pub. L. 101–508, §9306, 104 Stat. 1388–382. |
The words "under this subchapter" are added for clarity. The words "has exclusive jurisdiction of a civil action under this section" are substituted for "Action for the resolution of such a case shall be brought solely in" for clarity and consistency. The words "Court of Federal Claims" are substituted for "Claims Court" to reflect the change of name of the Court by section 902(b) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
(a)
(b)
(2) The Secretary may grant a waiver under this subsection if the Secretary finds it would be in the public interest. In making the finding, the Secretary shall consider the effect of granting the waiver on competition in the air carrier industry and on small community air service.
(3) A waiver granted under this subsection may not permit the operation of stage 2 aircraft in the United States after December 31, 2003.
(c)
(1) a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—
(A) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(B) the impact of competition in the airline and air cargo industries;
(C) the impact on nonhub and small community air service; and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise on individuals residing near airports.
(d)
(1) each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations prescribed under this section; and
(2) the Secretary shall submit to Congress an annual report on the progress being made toward that compliance.
(e)
(2)(A) An air carrier or foreign air carrier may not operate in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, a greater number of stage 2 aircraft with a maximum weight of more than 75,000 pounds than it operated in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, on November 5, 1990.
(B) An air carrier that provided turnaround service in Hawaii on November 5, 1990, using stage 2 aircraft with a maximum weight of more than 75,000 pounds may include in the number of aircraft authorized under subparagraph (A) of this paragraph all stage 2 aircraft with a maximum weight of more than 75,000 pounds that were owned or leased by that carrier on that date, whether or not the aircraft were operated by the carrier on that date.
(3) An air carrier may provide turnaround service in Hawaii using stage 2 aircraft with a maximum weight of more than 75,000 pounds only if the carrier provided the service on November 5, 1990.
(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue basis in order—
(A) to perform maintenance (including major alterations) or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or
(B) conduct operations within the limitations of paragraph (2)(B).
(f)
(1)
(A) sell, lease, or use the aircraft outside the contiguous 48 States;
(B) scrap the aircraft;
(C) obtain modifications to the aircraft to meet stage 3 noise levels;
(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States;
(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor;
(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or
(G) divert the aircraft to an alternative airport in the contiguous 48 States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in subparagraphs (A) through (F).
(2)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 106–113, div. B, §1000(a)(5) [title II, §231(a), (b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–300, 1501A–301; Pub. L. 106–181, title VII, §721(a)–(c)(1), (d), Apr. 5, 2000, 114 Stat. 164, 165.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47528(a) | 49 App.:2157(a). | Nov. 5, 1990, Pub. L. 101–508, §9308(a)–(c), (g), 104 Stat. 1388–382, 1388–383. |
| 47528(b) | 49 App.:2157(b). | |
| 47528(c) | 49 App.:2157(c). | |
| 47528(d) | 49 App.:2157(g). | |
| 47528(e) | 49 App.:2157(i). | Nov. 5, 1990, Pub. L. 101–508, 104 Stat. 1388–382, §9308(i); added Oct. 28, 1991, Pub. L. 102–143, §349(b), 105 Stat. 949. |
In subsection (e), the words "the State of" are omitted as surplus. The words "place" and "places" are substituted for "point" and "points" for consistency in title the revised title.
In subsection (e)(1), the words "the operation of" are omitted as surplus. The words "places only in Hawaii" are substituted for "two or more points, all of which are within the State of Hawaii" to eliminate unnecessary words.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
2000—Pub. L. 106–181, §721(a), repealed Pub. L. 106–113, §1000(a)(5) [title II, §231]. See 1999 Amendment notes and Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–181, §721(b)(1), (c)(1), substituted "subsection (b) or (f)" for "subsection (b)" and inserted "(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)" after "civil subsonic turbojet".
Subsec. (b)(1). Pub. L. 106–181, §721(d), in first sentence, inserted "or foreign air carrier" after "air carrier", and, in last sentence, inserted "or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century" after "January 1, 1999,".
Subsec. (e)(4). Pub. L. 106–181, §721(b)(2), added par. (4).
Subsecs. (f), (g). Pub. L. 106–181, §721(b)(3), added subsecs. (f) and (g).
1999—Pub. L. 106–113, §1000(a)(5) [title II, §231(a)], which directed the amendment of section 47528 by substituting "subsection (b) or (f)" for "subsection (b)" in subsec. (a), adding a par. (4) to subsec. (e), and adding subsec. (f) at the end, without specifying the Code title to be amended, was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–113, §1000(a)(5) [title II, §231(b)(1)], which inserted "(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)" after "civil subsonic turbojet", was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.
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.
Pub. L. 106–181, title VII, §721(c)(2), Apr. 5, 2000, 114 Stat. 165, provided that: "Regulations contained in title 14, Code of Federal Regulations, that implement section 47528 of title 49, United States Code, and related provisions shall be deemed to incorporate the amendment made by paragraph (1) [amending this section] on the date of the enactment of this Act [Apr. 5, 2000]."
Pub. L. 106–181, title VII, §721(a), Apr. 5, 2000, 114 Stat. 164, provided that: "Section 231 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–113 [amending this section], is repealed and the provisions of law amended by such section shall be read as if such section had not been enacted into law."
For termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the requirement that the Secretary submit an annual report 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 7th item on page 132 of House Document No. 103–7.
(a)
(1) complies with the stage 3 noise levels; or
(2) was purchased by the person importing the aircraft into the United States under a legally binding contract made before November 5, 1990.
(b)
(c)
(1) was owned on November 5, 1990, by—
(A) a corporation, trust, or partnership organized under the laws of the United States or a State (including the District of Columbia);
(B) an individual who is a citizen of the United States; or
(C) an entity that is owned or controlled by a corporation, trust, partnership, or individual described in subclause (A) or (B) of this clause; and
(2) enters the United States not later than 6 months after the expiration of a lease agreement (including any extension) between an owner described in clause (1) of this subsection and a foreign carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1292.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47529 | 49 App.:2158. | Nov. 5, 1990, Pub. L. 101–508, §9309, 104 Stat. 1388–384; Oct. 31, 1992, Pub. L. 102–581, §136(b), 106 Stat. 4889. |
Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft used only to provide air transportation outside the 48 contiguous States. A civil subsonic turbojet aircraft with a maximum weight of more than 75,000 pounds that is imported into a noncontiguous State or a territory or possession of the United States after November 4, 1990, may be used to provide air transportation in the 48 contiguous States only if the aircraft complies with the stage 3 noise levels.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47530 | 49 App.:2157(d). | Nov. 5, 1990, Pub. L. 101–508, §9308(d), 104 Stat. 1388–383; Oct. 28, 1991, Pub. L. 102–143, §349(a), 105 Stat. 949. |
A person violating section 47528, 47529, 47530, or 47534 of this title or a regulation prescribed under any of those sections is subject to the same civil penalties and procedures under chapter 463 of this title as a person violating 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. 1293; Pub. L. 103–429, §6(73), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, §506(b)(1), Feb. 14, 2012, 126 Stat. 106.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47531 | 49 App.:2157(e). | Nov. 5, 1990, Pub. L. 101–508, §9308(e), 104 Stat. 1388–383. |
This amends 49:47531 to correct a grammatical error and erroneous cross-references.
2012—Pub. L. 112–95 struck out "for violating sections 47528–47530" after "Penalties" in section catchline and substituted "47529, 47530, or 47534" for "47529, or 47530" in text.
1994—Pub. L. 103–429 substituted "section 47528" for "sections 47528" and inserted "any of" before "those" and "any of sections" before "44702–44716".
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.
An action taken by the Secretary of Transportation under any of sections 47528–47531 or 47534 of this title is subject to judicial review as provided under section 46110 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, §6(74), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, §506(b)(2), Feb. 14, 2012, 126 Stat. 106.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47532 | 49 App.:2157(f). | Nov. 5, 1990, Pub. L. 101–508, §9308(f), 104 Stat. 1388–383. |
This amends 49:47532 to correct an erroneous cross-reference.
2012—Pub. L. 112–95 inserted "or 47534" after "47528–47531".
1994—Pub. L. 103–429 inserted "any of" before "sections".
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.
Except as provided by section 47524 of this title, this subchapter does not affect—
(1) law in effect on November 5, 1990, on airport noise or access restrictions by local authorities;
(2) any proposed airport noise or access restriction at a general aviation airport if the airport proprietor has formally initiated a regulatory or legislative process before October 2, 1990; or
(3) the authority of the Secretary of Transportation to seek and obtain legal remedies the Secretary considers appropriate, including injunctive relief.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47533 | 49 App.:2153(h). | Nov. 5, 1990, Pub. L. 101–508, §9304(h), 104 Stat. 1388–382. |
(a)
(b)
(c)
(1) To sell, lease, or use the aircraft outside the 48 contiguous States.
(2) To scrap the aircraft.
(3) To obtain modifications to the aircraft to meet stage 3 noise levels.
(4) To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.
(5) To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.
(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).
(7) To provide transport of persons and goods in the relief of an emergency situation.
(8) To divert the aircraft to an alternative airport in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7).
(d)
(e)
(1)
(2)
(Added Pub. L. 112–95, title V, §506(a), Feb. 14, 2012, 126 Stat. 105.)
The date of enactment of this section, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
2018—Pub. L. 115–254, div. B, title I, §115, Oct. 5, 2018, 132 Stat. 3201, struck out item 48112 "Adjustment to AIP program funding".
2003—Pub. L. 108–176, title I, §104(b), Dec. 12, 2003, 117 Stat. 2497, added item 48114.
2000—Pub. L. 106–181, title I, §§107(b), 108(b), Apr. 5, 2000, 114 Stat. 73, 74, added items 48112 and 48113.
1996—Pub. L. 104–264, title I, §§102(b)(2), 103(d)(2), title II, §275(b), Oct. 9, 1996, 110 Stat. 3216, 3217, 3247, inserted "and equipment" after "facilities" in item 48101, substituted "Operations and maintenance" for "Certain direct costs and joint air navigation services" in item 48104, and added item 48111.
(a)
(1) $3,330,000,000 for fiscal year 2018.
(2) $3,398,000,000 for fiscal year 2019.
(3) $3,469,000,000 for fiscal year 2020.
(4) $3,547,000,000 for fiscal year 2021.
(5) $3,624,000,000 for fiscal year 2022.
(6) $3,701,000,000 for fiscal year 2023.
(7) $1,287,431,694 for the period beginning on October 1, 2023, and ending on March 8, 2024.
(b)
(c)
(1) The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.
(2) The acquisition and construction of remote towers (as defined in section 161 of the FAA Reauthorization Act of 2018).
(3) The remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system.
(4) The construction of facilities dedicated to improving the cybersecurity of the National Airspace System.
(5) Systems associated with the Data Communications program.
(6) The infrastructure, sustainment, and the elimination of the deferred maintenance backlog of air navigation facilities and other facilities for which the Federal Aviation Administration is responsible.
(7) The modernization and digitization of the Civil Aviation Registry.
(8) The construction of necessary Priority 1 National Airspace System facilities.
(9) Cost-beneficial construction, rehabilitation, or retrofitting programs designed to reduce Federal Aviation Administration facility operating costs.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103–305, title I, §102(a), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §102(a), (b)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 106–6, §3, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, §102, Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §102, Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–330, §7, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, §7, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §7, Oct. 1, 2009, 123 Stat. 2056; Pub. L. 111–116, §7, Dec. 16, 2009, 123 Stat. 3033; Pub. L. 111–153, §7, Mar. 31, 2010, 124 Stat. 1086; Pub. L. 111–161, §7, Apr. 30, 2010, 124 Stat. 1128; Pub. L. 111–197, §7, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §106, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, §207, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, §7, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §102, Feb. 14, 2012, 126 Stat. 16; Pub. L. 114–55, title I, §104, Sept. 30, 2015, 129 Stat. 524; Pub. L. 114–141, title I, §104, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1104, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §105, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §105, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, §112, Oct. 5, 2018, 132 Stat. 3200; Pub. L. 118–15, div. B, title II, §2204, Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §104, Dec. 26, 2023, 137 Stat. 1114.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48101(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(a)(1) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §506(a)(1), 96 Stat. 677; restated Dec. 30, 1987, Pub. L. 100–223, §105(a)(2), 101 Stat. 1490; Nov. 5, 1990, Pub. L. 101–508, §9105(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §103(a), 106 Stat. 4877. | |
| 48101(b) | 49 App.:2202(a)(24). | |
| 49 App.:2205(a)(2) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §506(a)(2), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100–223, §105(a)(2), 101 Stat. 1490; restated Oct. 31, 1992, Pub. L. 102–581, §103(b), 106 Stat. 4877. | |
| 48101(c) | 49 App.:2205(a)(1) (last sentence), (2) (last sentence). |
In subsection (a), the words "to the Secretary of Transportation" are added for clarity and consistency in this chapter. The words "for fiscal years beginning after September 30, 1990" and "$2,500,000,000 for fiscal year 1991" are omitted as obsolete.
Section 161 of the FAA Reauthorization Act of 2018, referred to in subsec. (c)(2), is section 161 of Pub. L. 115–254, which is set out as a note under section 47104 of this title.
2023—Subsec. (a)(7). Pub. L. 118–34 added par. (7) and struck out former par. (7) which read as follows: "$740,273,224 for the period beginning on October 1, 2023, and ending on December 31, 2023."
Pub. L. 118–15 added par. (7).
2018—Subsec. (a)(1) to (4). Pub. L. 115–254, §112(a), added pars. (1) to (4) and struck out former pars. (1) to (4) which read as follows:
"(1) $2,731,000,000 for fiscal year 2012.
"(2) $2,715,000,000 for fiscal year 2013.
"(3) $2,730,000,000 for fiscal year 2014.
"(4) $2,730,000,000 for fiscal year 2015."
Subsec. (a)(5). Pub. L. 115–254, §112(a), added par. (5) and struck out former par. (5) which read as follows: "$2,855,000,000 for each of fiscal years 2016 through 2018."
Pub. L. 115–141, §105(1), substituted "2016 through 2018" for "2016 and 2017".
Subsec. (a)(6). Pub. L. 115–254, §112(a), added par. (6).
Pub. L. 115–141, §105(2), struck out par. (6) which read as follows: "$1,423,589,041 for the period beginning on October 1, 2017, and ending on March 31, 2018."
Subsec. (c). Pub. L. 115–254, §112(b)(2), substituted "may be used for the following:" and pars. (1) to (9) for "may be necessary may be used for the implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated."
Pub. L. 115–254, §112(b)(1), substituted "Authorized Expenditures" for "Automated Surface Observation System/Automated Weather Observing System Upgrade" in heading.
2017—Subsec. (a)(6). Pub. L. 115–63 added par. (6).
2016—Subsec. (a)(5). Pub. L. 114–190 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "$2,058,333,333 for the period beginning on October 1, 2015, and ending on July 15, 2016."
Pub. L. 114–141 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "$1,300,000,000 for the period beginning on October 1, 2015, and ending on March 31, 2016."
2015—Subsec. (a)(5). Pub. L. 114–55 added par. (5).
2012—Subsec. (a). Pub. L. 112–95, §102(a), added pars. (1) to (4) and struck out former pars. (1) to (8) which authorized appropriations for fiscal years 2004 through 2011, and for the period beginning Oct. 1, 2011, and ending Feb. 17, 2012.
Subsec. (a)(8). Pub. L. 112–91 amended par. (8) generally. Prior to amendment, par. (8) read as follows: "$917,704,544 for the period beginning on October 1, 2011, and ending on January 31, 2012."
Subsecs. (c) to (i). Pub. L. 112–95, §102(b), redesignated subsecs. (f) and (g) as (c) and (d), respectively, and struck out former subsecs. (c), (d), (e), (h), and (i), which related, respectively, to enhanced safety and security for aircraft operations in the Gulf of Mexico, operational benefits of wake vortex advisory system, ground-based precision navigational aids, standby power efficiency program, and pilot program to provide incentives for development of new technologies.
2011—Subsec. (a)(7), (8). Pub. L. 112–30 added pars. (7) and (8).
2010—Subsec. (a)(6). Pub. L. 111–216 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$2,453,539,493 for the period beginning on October 1, 2009, and ending on August 1, 2010."
Pub. L. 111–197 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$2,220,252,132 for the period beginning on October 1, 2009, and ending on July 3, 2010."
Pub. L. 111–161 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$1,712,785,083 for the 7-month period beginning on October 1, 2009."
Pub. L. 111–153 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$1,466,888,500 for the 6-month period beginning on October 1, 2009."
2009—Subsec. (a)(5). Pub. L. 111–12 substituted "$2,742,095,000 for fiscal year 2009" for "$1,360,188,750 for the 6-month period beginning on October 1, 2008".
Subsec. (a)(6). Pub. L. 111–116 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$733,444,250 for the 3-month period beginning on October 1, 2009."
Pub. L. 111–69 added par. (6).
2008—Subsec. (a)(5). Pub. L. 110–330 added par. (5).
2003—Subsec. (a)(1) to (5). Pub. L. 108–176, §102(1), added pars. (1) to (4) and struck out formers par. (1) to (5) which read as follows:
"(1) $2,131,000,000 for fiscal year 1999.
"(2) $2,689,000,000 for fiscal year 2000.
"(3) $2,656,765,000 for fiscal year 2001.
"(4) $2,914,000,000 for fiscal year 2002.
"(5) $2,981,022,000 for fiscal year 2003."
Subsecs. (b) to (e). Pub. L. 108–176, §102(2), (3), added subsecs. (c) to (e), redesignated former subsec. (c) as (b), and struck out former subsecs. (b), (d) and (e), which related, respectively, to major airway capital investment plan changes, universal access systems, and the Alaska National Air Space Interfacility Communications System.
Subsec. (f). Pub. L. 108–176, §102(4), struck out "for fiscal years beginning after September 30, 2000" after "appropriated under subsection (a)" and inserted "may be used" after "may be necessary".
Subsecs. (h), (i). Pub. L. 108–176, §102(5), added subsecs. (h) and (i).
2000—Subsec. (a). Pub. L. 106–181, §102(a), added pars. (1) to (5) and struck out former pars. (1) to (3) which read as follows:
"(1) $2,068,000,000 for fiscal year 1997.
"(2) $2,129,000,000 for fiscal year 1998.
"(3) $2,131,000,000 for fiscal year 1999."
Subsec. (d). Pub. L. 106–181, §102(b), added subsec. (d).
Subsec. (e). Pub. L. 106–181, §102(c), added subsec. (e).
Subsec. (f). Pub. L. 106–181, §102(d), added subsec. (f).
Subsec. (g). Pub. L. 106–181, §102(e), added subsec. (g).
1999—Subsec. (a)(3). Pub. L. 106–6 added par. (3).
1996—Pub. L. 104–264, §102(b)(1), inserted "and equipment" after "facilities" in section catchline.
Subsec. (a). Pub. L. 104–264, §102(a), added pars. (1) and (2) and struck out former pars. (1) to (4) which read as follows:
"(1) For the fiscal years ending September 30, 1991–1993, $8,200,000,000.
"(2) For the fiscal years ending September 30, 1991–1994, $10,724,000,000.
"(3) For the fiscal years ending September 30, 1991–1995, $13,394,000,000.
"(4) For the fiscal years ending September 30, 1991–1996, $16,129,000,000."
1994—Subsec. (a)(1). Pub. L. 103–305, §102(a)(1), substituted "For" for "for".
Subsec. (a)(2). Pub. L. 103–305, §102(a)(2), substituted "For" for "for" and "$10,724,000,000" for "$11,100,000,000".
Subsec. (a)(3). Pub. L. 103–305, §102(a)(3), substituted "For" for "for" and "$13,394,000,000" for "$14,000,000,000".
Subsec. (a)(4). Pub. L. 103–305, §102(a)(4), added par. (4).
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.
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.
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.
Pub. L. 108–176, title I, §184, Dec. 12, 2003, 117 Stat. 2517, directed the Administrator of the Federal Aviation Administration to report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure every 6 months on the 10 largest programs funded under this section until Dec. 12, 2007.
Pub. L. 106–181, title I, §106(a)–(c), Apr. 5, 2000, 114 Stat. 72, 73, which related to budget resources made available from the Airport and Airway Trust Fund through fiscal year 2003, was repealed by Pub. L. 108–176, title I, §104(c), Dec. 12, 2003, 117 Stat. 2497.
(a)
(1) for fiscal year 2004, $346,317,000, including—
(A) $65,000,000 for Improving Aviation Safety;
(B) $24,000,000 for Weather Safety Research;
(C) $27,500,000 for Human Factors and Aeromedical Research;
(D) $30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,000,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperative Research Program;
(G) $1,500,000 for carrying out subsection (h) of this section;
(H) $42,800,000 for Advanced Technology Development and Prototyping;
(I) $30,300,000 for Safe Flight 21;
(J) $90,800,000 for the Center for Advanced Aviation System Development;
(K) $9,667,000 for Airports Technology-Safety; and
(L) $7,750,000 for Airports Technology-Efficiency;
(2) for fiscal year 2005, $356,192,000, including—
(A) $65,705,000 for Improving Aviation Safety;
(B) $24,260,000 for Weather Safety Research;
(C) $27,800,000 for Human Factors and Aeromedical Research;
(D) $30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,076,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperative Research Program;
(G) $1,650,000 for carrying out subsection (h) of this section;
(H) $43,300,000 for Advanced Technology Development and Prototyping;
(I) $31,100,000 for Safe Flight 21;
(J) $95,400,000 for the Center for Advanced Aviation System Development;
(K) $2,200,000 for Free Flight Phase 2;
(L) $9,764,000 for Airports Technology-Safety; and
(M) $7,828,000 for Airports Technology-Efficiency;
(3) for fiscal year 2006, $352,157,000, including—
(A) $66,447,000 for Improving Aviation Safety;
(B) $24,534,000 for Weather Safety Research;
(C) $28,114,000 for Human Factors and Aeromedical Research;
(D) $30,223,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,156,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperation Research Program;
(G) $1,815,000 for carrying out subsection (h) of this section;
(H) $42,200,000 for Advanced Technology Development and Prototyping;
(I) $23,900,000 for Safe Flight 21;
(J) $100,000,000 for the Center for Advanced Aviation System Development;
(K) $9,862,000 for Airports Technology-Safety; and
(L) $7,906,000 for Airports Technology-Efficiency;
(4) for fiscal year 2007, $356,261,000, including—
(A) $67,244,000 for Improving Aviation Safety;
(B) $24,828,000 for Weather Safety Research;
(C) $28,451,000 for Human Factors and Aeromedical Research;
(D) $30,586,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,242,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperation Research Program;
(G) $1,837,000 for carrying out subsection (h) of this section;
(H) $42,706,000 for Advanced Technology Development and Prototyping;
(I) $24,187,000 for Safe Flight 21;
(J) $101,200,000 for the Center for Advanced Aviation System Development;
(K) $9,980,000 for Airports Technology-Safety; and
(L) $8,000,000 for Airports Technology-Efficiency;
(5) $171,000,000 for fiscal year 2009;
(6) $190,500,000 for fiscal year 2010;
(7) $170,000,000 for fiscal year 2011;
(8) $168,000,000 for each of fiscal years 2012 through 2015;
(9) $166,000,000 for each of fiscal years 2016 and 2017;
(10) $189,000,000 for fiscal year 2018;
(11) $194,000,000 for fiscal year 2019;
(12) $199,000,000 for fiscal year 2020;
(13) $204,000,000 for fiscal year 2021;
(14) $209,000,000 for fiscal year 2022;
(15) $214,000,000 for fiscal year 2023; and
(16) $111,475,410 for the period beginning on October 1, 2023, and ending on March 8, 2024.
(b)
(2) As safety related activities shall be the highest research priority, at least 70 percent of the amount appropriated under subsection (a) of this section shall be for safety research and development projects.
(3) At least 15 percent of the amount appropriated under subsection (a) of this section shall be for long-term research projects.
(c)
(2) The Secretary may transfer more than 10 percent of an authorized amount to or from a category only after—
(A) submitting a written explanation of the proposed transfer to the Committees on Science and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and
(B) 30 days have passed after the explanation is submitted or each Committee notifies the Secretary in writing that it does not object to the proposed transfer.
(d)
(2) The Administrator shall submit to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on expenditures made under paragraph (1) of this subsection for each fiscal year. The report shall be submitted not later than 60 days after the end of the fiscal year.
(e)
(f)
(g)
(h)
(1)
(A) research projects to be carried out at primarily undergraduate institutions and technical colleges;
(B) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration;
(C) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees; or
(D) research on the impact of new technologies and procedures, particularly those related to aircraft flight deck and air traffic management functions, on training requirements for pilots and air traffic controllers.
(2)
(3)
(A) the relevance of the proposed research to technical research needs identified by the Federal Aviation Administration;
(B) the scientific and technical merit of the proposed research; and
(C) the potential for participation by undergraduate students in the proposed research.
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103–305, title III, §302, Aug. 23, 1994, 108 Stat. 1589; Pub. L. 104–264, title XI, §§1102, 1103, Oct. 9, 1996, 110 Stat. 3278; Pub. L. 104–287, §5(9), (74), Oct. 11, 1996, 110 Stat. 3389, 3396; Pub. L. 105–155, §§2, 3, Feb. 11, 1998, 112 Stat. 5; Pub. L. 106–181, title IX, §901, Apr. 5, 2000, 114 Stat. 194; Pub. L. 108–176, title VII, §§701, 707, Dec. 12, 2003, 117 Stat. 2574, 2582; Pub. L. 110–330, §8, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, §8, Mar. 30, 2009, 123 Stat. 1459; Pub. L. 111–69, §8, Oct. 1, 2009, 123 Stat. 2056; Pub. L. 111–116, §8, Dec. 16, 2009, 123 Stat. 3033; Pub. L. 111–153, §8, Mar. 31, 2010, 124 Stat. 1086; Pub. L. 111–161, §8, Apr. 30, 2010, 124 Stat. 1128; Pub. L. 111–197, §8, July 2, 2010, 124 Stat. 1355; Pub. L. 111–216, title I, §107, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, §208, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, §8, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title IX, §901(a), (b), Feb. 14, 2012, 126 Stat. 137; Pub. L. 114–55, title I, §105, Sept. 30, 2015, 129 Stat. 524; Pub. L. 114–141, title I, §105, Mar. 30, 2016, 130 Stat. 324; Pub. L. 114–190, title I, §1105, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §106, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §106, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title VII, §703, Oct. 5, 2018, 132 Stat. 3409; Pub. L. 118–15, div. B, title II, §2205, Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §105, Dec. 26, 2023, 137 Stat. 1115.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48102(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(b)(2) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §506(b)(2), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1490; Nov. 3, 1988, Pub. L. 100–591, §7, 102 Stat. 3014; Nov. 5, 1990, Pub. L. 101–508, §9202, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §302, 106 Stat. 4895. | |
| 48102(b) | 49 App.:2205(b)(2) (last sentence). | |
| 48102(c) | 49 App.:2205(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §506(b)(3), (5), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1491. |
| 48102(d) | 49 App.:2205(b)(4). | Sept. 30, 1982, Pub. L. 97–248, §506(b)(4), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1491; Nov. 5, 1990, Pub. L. 101–508, §9203, 104 Stat. 1388–373. |
| 48102(e) | 49 App.:1353 (note). | Nov. 3, 1988, Pub. L. 100–591, §8(d), 102 Stat. 3016; Nov. 17, 1988, Pub. L. 100–685, §604, 102 Stat. 4103. |
| 48102(f) | 49 App.:2205(b)(5). |
In subsections (a) and (b), as to applicability of section 305(b) of the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992 (Pub. L. 102–581, 106 Stat. 4896), see section 6(b) of the bill.
In subsection (a)(1), the word "solely" is omitted as surplus. Before clause (1), the words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.
In subsection (d)(1), the words "Notwithstanding any other provision of this subsection" and "in each of fiscal years 1988, 1989, 1990, 1991, and 1992" are omitted as surplus.
In subsection (d)(2), the reference to fiscal years 1988–1992 and the words "by the Administrator for research and development" are omitted as surplus.
The date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998, referred to in subsec. (h)(2), is the date of enactment of Pub. L. 105–155, which was approved Feb. 11, 1998.
2023—Subsec. (a)(16). Pub. L. 118–34 added par. (16) and struck out former par. (16) which read as follows: "$64,098,360 for the period beginning on October 1, 2023, and ending on December 31, 2023."
Pub. L. 118–15 added par. (16).
2018—Subsec. (a). Pub. L. 115–254, §703(a)(1), struck out "and, for each of fiscal years 2012 through 2015, under subsection (g)" after "this title" in introductory provisions.
Subsec. (a)(10). Pub. L. 115–254, §703(a)(2), (3), added par. (10) and struck out former par. (10) which read as follows: "$176,500,000 for fiscal year 2018."
Pub. L. 115–141 amended par. (10) generally. Prior to amendment, par. (10) read as follows: "$88,008,219 for the period beginning on October 1, 2017 and ending on March 31, 2018."
Subsec. (a)(11) to (15). Pub. L. 115–254, §703(a)(2), (3), added pars. (11) to (15).
Subsec. (b)(1). Pub. L. 115–254, §703(b)(1), substituted "prioritize safety in considering" for "consider".
Subsec. (b)(2), (3). Pub. L. 115–254, §703(b)(2)–(4), added par. (2), redesignated former par. (2) as (3), and struck out former par. (3) which read as follows: "At least 3 percent of the amount appropriated under subsection (a) of this section shall be available to the Administrator of the Federal Aviation Administration to make grants under section 44511 of this title."
Subsec. (g). Pub. L. 115–254, §703(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) authorized certain programs described in the research, engineering, and development account of the national aviation research plan required under section 44501(c).
2017—Subsec. (a)(10). Pub. L. 115–63 added par. (10).
2016—Subsec. (a)(9). Pub. L. 114–190 amended par. (9) generally. Prior to amendment, par. (9) read as follows: "$124,093,750 for the period beginning on October 1, 2015, and ending on July 15, 2016."
Pub. L. 114–141 amended par. (9) generally. Prior to amendment, par. (9) read as follows: "$78,375,000 for the period beginning on October 1, 2015, and ending on March 31, 2016."
2015—Subsec. (a)(9). Pub. L. 114–55 added par. (9).
2012—Subsec. (a). Pub. L. 112–95, §901(a)(1), substituted "of this title and, for each of fiscal years 2012 through 2015, under subsection (g)" for "of this title" in introductory provisions.
Subsec. (a)(1) to (15). Pub. L. 112–95, §901(a)(2)–(5), redesignated pars. (9) to (15) as (1) to (7), respectively, inserted "and" at end of par. (3)(K), struck out "and" at end of par. (3)(L), added par. (8), and struck out former pars. (1) to (8) which related to appropriations for fiscal years 1995 to 2002.
Subsec. (a)(16). Pub. L. 112–95, §901(a)(5), struck out par. (16) which read as follows: "$64,092,459 for the period beginning on October 1, 2011, and ending on February 17, 2012."
Pub. L. 112–91 amended par. (16) generally. Prior to amendment, par. (16) read as follows: "$57,016,885 for the period beginning on October 1, 2011, and ending on January 31, 2012."
Subsec. (g). Pub. L. 112–95, §901(b), added subsec. (g).
2011—Subsec. (a)(15), (16). Pub. L. 112–30 added pars. (15) and (16).
2010—Subsec. (a)(14). Pub. L. 111–216 amended par. (14) generally. Prior to amendment, par. (14) read as follows: "$159,184,932 for the period beginning on October 1, 2009, and ending on August 1, 2010."
Pub. L. 111–197 amended par. (14) generally. Prior to amendment, par. (14) read as follows: "$144,049,315 for the period beginning on October 1, 2009, and ending on July 3, 2010."
Pub. L. 111–161 amended par. (14) generally. Prior to amendment, par. (14) read as follows: "$111,125,000 for the 7-month period beginning on October 1, 2009."
Pub. L. 111–153 amended par. (14) generally. Prior to amendment, par. (14) read as follows: "$92,500,000 for the 6-month period beginning on October 1, 2009."
2009—Subsec. (a)(13). Pub. L. 111–12 substituted "$171,000,000 for fiscal year 2009" for "$85,507,500 for the 6-month period beginning on October 1, 2008".
Subsec. (a)(14). Pub. L. 111–116 amended par. (14) generally. Prior to amendment, par. (14) read as follows: "$46,250,000 for the 3-month period beginning on October 1, 2009."
Pub. L. 111–69 added par. (14).
2008—Subsec. (a)(11) to (13). Pub. L. 110–330 struck out "and" at end of subpar. (K) of par. (11), substituted "; and" for period at end of subpar. (L) of par. (12), and added par. (13).
2003—Subsec. (a). Pub. L. 108–176, §701(1), substituted "for conducting civil aviation research and development under sections 44504" for "to carry out sections 44504" in introductory provisions.
Subsec. (a)(9) to (12). Pub. L. 108–176, §701(2)–(4), added pars. (9) to (12).
Subsec. (h)(1)(D). Pub. L. 108–176, §707, added subpar. (D).
2000—Subsec. (a)(6) to (8). Pub. L. 106–181 added pars. (6) to (8).
1998—Subsec. (a)(4). Pub. L. 105–155, §2, added par. (4).
Subsec. (a)(4)(J). Pub. L. 105–155, §3(b), inserted ", of which $750,000 shall be for carrying out the grant program established under subsection (h)" after "projects and activities".
Subsec. (a)(5). Pub. L. 105–155, §2, added par. (5).
Subsec. (h). Pub. L. 105–155, §3(a), added subsec. (h).
1996—Subsec. (a)(3). Pub. L. 104–264, §1102, added par. (3).
Subsec. (b). Pub. L. 104–264, §1103, substituted "
Subsec. (c)(2)(A). Pub. L. 104–287, §5(74), substituted "Committees on Science" for "Committees on Science, Space, and Technology".
Subsec. (d)(2). Pub. L. 104–287, §5(74), substituted "Committees on Science" for "Committees on Science, Space, and Technology".
Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation".
1994—Subsec. (a)(1), (2). Pub. L. 103–305 inserted pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
"(1) for the fiscal year ending September 30, 1993—
"(A) $14,700,000 only for management and analysis projects and activities.
"(B) $87,000,000 only for capacity and air traffic management technology projects and activities.
"(C) $28,000,000 only for communications, navigation, and surveillance projects and activities.
"(D) $7,700,000 only for weather projects and activities.
"(E) $6,800,000 only for airport technology projects and activities.
"(F) $44,000,000 only for aircraft safety technology projects and activities.
"(G) $41,100,000 only for system security technology projects and activities.
"(H) $31,000,000 only for human factors and aviation medicine projects and activities.
"(I) $4,500,000 for environment and energy projects and activities.
"(J) $5,200,000 for innovative and cooperative research projects and activities.
"(2) for the fiscal year ending September 30, 1994, $297,000,000."
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.
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.
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.
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.
Pub. L. 105–155, §4, Feb. 11, 1998, 112 Stat. 6, provided that:
"(a)
"(b)
(a)
(1) $3,350,000,000 for fiscal year 2018;
(2) $3,350,000,000 for fiscal year 2019;
(3) $3,350,000,000 for fiscal year 2020;
(4) $3,350,000,000 for fiscal year 2021;
(5) $3,350,000,000 for fiscal year 2022;
(6) $3,350,000,000 for fiscal year 2023; and
(7) $1,464,480,874 for the period beginning October 1, 2023, and ending on March 8, 2024.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103–305, title I, §101(a), Aug. 23, 1994, 108 Stat. 1570; Pub. L. 104–264, title I, §101(a), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title I, §110(b)(1), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 106–6, §2(a), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(a), May 21, 1999, 113 Stat. 113; Pub. L. 106–59, §1(a), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106–181, title I, §101(a), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §101(a), Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–190, §4(a)(1), Feb. 28, 2008, 122 Stat. 643; Pub. L. 110–253, §4(a), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §4(a)(1), Sept. 30, 2008, 122 Stat. 3717; Pub. L. 111–12, §4(a), Mar. 30, 2009, 123 Stat. 1457; Pub. L. 111–69, §4(a)(1), Oct. 1, 2009, 123 Stat. 2054; Pub. L. 111–116, §4(a)(1), Dec. 16, 2009, 123 Stat. 3031; Pub. L. 111–153, §4(a)(1), Mar. 31, 2010, 124 Stat. 1084; Pub. L. 111–161, §4(a)(1), Apr. 30, 2010, 124 Stat. 1126; Pub. L. 111–197, §4(a)(1), July 2, 2010, 124 Stat. 1353; Pub. L. 111–249, §4(a)(1), Sept. 30, 2010, 124 Stat. 2627; Pub. L. 111–329, §4(a)(1), Dec. 22, 2010, 124 Stat. 3566; Pub. L. 112–7, §4(a)(1), Mar. 31, 2011, 125 Stat. 31; Pub. L. 112–16, §4(a)(1), May 31, 2011, 125 Stat. 218; Pub. L. 112–21, §4(a)(1), June 29, 2011, 125 Stat. 233; Pub. L. 112–27, §4(a)(1), Aug. 5, 2011, 125 Stat. 270; Pub. L. 112–30, title II, §204(a)(1), Sept. 16, 2011, 125 Stat. 357; Pub. L. 112–91, §4(a)(1), Jan. 31, 2012, 126 Stat. 3; Pub. L. 112–95, title I, §101(a), Feb. 14, 2012, 126 Stat. 15; Pub. L. 114–55, title I, §101(a)(1), Sept. 30, 2015, 129 Stat. 522; Pub. L. 114–141, title I, §101(a)(1), Mar. 30, 2016, 130 Stat. 322; Pub. L. 114–190, title I, §1101(a), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §101(a)(1), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, §101(a), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §111(a), Oct. 5, 2018, 132 Stat. 3199; Pub. L. 118–15, div. B, title II, §2201(a), Sept. 30, 2023, 137 Stat. 82; Pub. L. 118–34, title I, §101(a), Dec. 26, 2023, 137 Stat. 1112.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48103 | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2204(a) (2d sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(a) (2d sentence), 96 Stat. 676; Jan. 6, 1983, Pub. L. 97–424, §426(b)(1)–(5), 96 Stat. 2167; restated Dec. 30, 1987, Pub. L. 100–223, §105(e), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101–508, §9104(1), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §102(a), 106 Stat. 4876. |
In this section, references to the aggregate amounts for fiscal years ending before October 1, 1987–1992, are omitted as obsolete. The words "of which $475,000,000 shall be credited to the supplementary discretionary fund established by section 2206(a)(3)(B)" are omitted as executed. In restating section 505(a) (2d sentence) of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 676), the cross-reference to the discretionary fund was retained but is incorrect because of the restatement of section 507 of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 679) by section 426(a) of the Highway Improvement Act of 1982 (Public Law 97–424, 96 Stat. 2167). See section 47115 of the revised title.
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 9502 of Title 26, Internal Revenue Code.
2023—Subsec. (a)(7). Pub. L. 118–34 added par. (7) and struck out former par. (7) which read as follows: "$842,076,502 for the period beginning on October 1, 2023, and ending on December 31, 2023."
Pub. L. 118–15 added par. (7).
2018—Subsec. (a). Pub. L. 115–254 substituted "section 47504(c)—" and pars. (1) to (6) for "section 47504(c) $3,350,000,000 for each of fiscal years 2012 through 2018."
Pub. L. 115–141 substituted "2012 through 2018." for "2012 through 2017 and $1,670,410,959 for the period beginning on October 1, 2017, and ending on March 31, 2018."
2017—Subsec. (a). Pub. L. 115–63 inserted before period at end "and $1,670,410,959 for the period beginning on October 1, 2017, and ending on March 31, 2018".
2016—Subsec. (a). Pub. L. 114–190 substituted "fiscal years 2012 through 2017." for "fiscal years 2012 through 2015 and $2,652,083,333 for the period beginning on October 1, 2015, and ending on July 15, 2016.."
Pub. L. 114–141 substituted "$2,652,083,333 for the period beginning on October 1, 2015, and ending on July 15, 2016." for "$1,675,000,000 for the period beginning on October 1, 2015, and ending on March 31, 2016".
2015—Subsec. (a). Pub. L. 114–55 inserted "and $1,675,000,000 for the period beginning on October 1, 2015, and ending on March 31, 2016" before period at end.
2012—Pub. L. 112–95 amended section generally. Prior to amendment, section listed amounts available out of the Airport and Airway Trust Fund for fiscal years 2004 through 2011 and for the period beginning on Oct. 1, 2011, and ending on Feb. 17, 2012.
Par. (9). Pub. L. 112–91 amended par. (9) generally. Prior to amendment, par. (9) read as follows: "$1,181,270,492 for the period beginning on October 1, 2011, and ending on January 31, 2012."
2011—Par. (8). Pub. L. 112–30 added par. (8) and struck out former par. (8) which read as follows: "$3,380,178,082 for the period beginning on October 1, 2010, and ending on September 16, 2011."
Pub. L. 112–27 added par. (8) and struck out former par. (8) which read as follows: "$2,840,890,411 for the period beginning on October 1, 2010, and ending on July 22, 2011."
Pub. L. 112–21 added par. (8) and struck out former par. (8) which read as follows: "$2,636,250,000 for the 9-month period beginning on October 1, 2010."
Pub. L. 112–16 added par. (8) and struck out former par. (8) which read as follows: "$2,466,666,667 for the 8-month period beginning on October 1, 2010."
Par. (8). Pub. L. 112–7 added par. (8) and struck out two former pars. (8) which read as follows:
"(8) $925,000,000 for the 3-month period beginning on October 1, 2010.
"(8) $1,850,000,000 for the 6-month period beginning on October 1, 2010."
Par. (9). Pub. L. 112–30, §204(a)(1)(B), added par. (9).
2010—Par. (6). Pub. L. 111–329, §4(a)(1)(A), which directed striking out "and" at the end, could not be executed because the word "and" did not appear subsequent to amendment by Pub. L. 111–249.
Pub. L. 111–249, §4(a)(1)(A), struck out "and" at the end.
Par. (7). Pub. L. 111–329, §4(a)(1)(B), which directed substitution of "; and" for the period at the end, could not be executed because no period appeared subsequent to amendment by Pub. L. 111–249.
Pub. L. 111–249, §4(a)(1)(B), substituted "; and" for the period at the end.
Pub. L. 111–197 amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$3,024,657,534 for the period beginning on October 1, 2009, and ending on July 3, 2010."
Pub. L. 111–161 amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$2,333,333,333 for the 7-month period beginning on October 1, 2009."
Pub. L. 111–153 amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$2,000,000,000 for the 6-month period beginning on October 1, 2009."
Par. (8). Pub. L. 111–329, §4(a)(1)(C), added par. (8) relating to the 6-month period beginning on October 1, 2010.
Pub. L. 111–249, §4(a)(1)(C), added par. (8) relating to the 3-month period beginning on October 1, 2010.
2009—Par. (6). Pub. L. 111–12 substituted "$3,900,000,000 for fiscal year 2009" for "$1,950,000,000 for the 6-month period beginning on October 1, 2008".
Par. (7). Pub. L. 111–116 amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$1,000,000,000 for the 3-month period beginning on October 1, 2009."
Par. (7). Pub. L. 111–69 added par. (7).
2008—Par. (5). Pub. L. 110–253 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "$2,756,250,000 for the 9-month period beginning October 1, 2007."
Pub. L. 110–190 added par. (5).
Par. (6). Pub. L. 110–330 added par. (6).
2003—Pub. L. 108–176, §101(a)(1), substituted "September 30, 2003" for "September 30, 1998" in introductory provisions.
Pars. (1) to (5). Pub. L. 108–176, §101(a)(2), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows:
"(1) $2,410,000,000 for fiscal year 1999;
"(2) $2,475,000,000 for fiscal year 2000;
"(3) $3,200,000,000 for fiscal year 2001;
"(4) $3,300,000,000 for fiscal year 2002; and
"(5) $3,400,000,000 for fiscal year 2003."
2000—Pub. L. 106–181 substituted "shall be—" along with pars. (1) to (5) and concluding provisions for "shall be $2,410,000,000 for the fiscal year ending September 30, 1999."
1999—Pub. L. 106–59 substituted "$2,410,000,000 for the fiscal year ending September 30, 1999." for "$2,050,000,000 for the period beginning October 1, 1998 and ending August 6, 1999."
Pub. L. 106–31 substituted "$2,050,000,000 for the period beginning October 1, 1998 and ending August 6, 1999." for "$1,607,000,000 for the 8-month period beginning October 1, 1998.".
Pub. L. 106–6 substituted "$1,607,000,000 for the 8-month period beginning October 1, 1998." for "$1,205,000,000 for the six-month period beginning October 1, 1998".
1998—Pub. L. 105–277 substituted "September 30, 1998" for "September 30, 1996" and "$1,205,000,000 for the six-month period beginning October 1, 1998" for "$2,280,000,000 for fiscal years ending before October 1, 1997, and $4,627,000,000 for fiscal years ending before October 1, 1998."
1996—Pub. L. 104–264 substituted "September 30, 1996" for "September 30, 1981" and "$2,280,000,000 for fiscal years ending before October 1, 1997, and $4,627,000,000 for fiscal years ending before October 1, 1998." for "$17,583,500,000 for fiscal years ending before October 1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996."
1994—Pub. L. 103–305 substituted "The total amounts which shall be available after September 30, 1981, to the Secretary of Transportation" for "Not more than a total of $15,966,700,000 is available to the Secretary of Transportation for the fiscal years ending September 30, 1982–1993," and inserted before period at end "shall be $17,583,500,000 for fiscal years ending before October 1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996".
Amendment by Pub. L. 110–253 effective July 1, 2008, see section 4(c) of Pub. L. 110–253, set out as a note under section 47104 of this title.
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.
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.
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.
Pub. L. 106–181, title I, §159, Apr. 5, 2000, 114 Stat. 90, provided that:
"(a)
"(b)
The balance of the money available in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for—
(1) direct costs the Secretary incurs to flight check, operate, and maintain air navigation facilities referred to in section 44502(a)(1)(A) of this title safely and efficiently; and
(2) the costs of services provided under international agreements related to the joint financing of air navigation services assessed against the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103–305, title I, §102(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §103(b), (d)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 104–287, §5(87), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 106–181, title I, §106(d), Apr. 5, 2000, 114 Stat. 73; Pub. L. 115–254, div. B, title V, §539(r), Oct. 5, 2018, 132 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48104(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(c)(1). | Sept. 3, 1982, Pub. L. 97–248, §506(c)(1), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(A), (C), 101 Stat. 1494. | |
| 48104(b) | 49 App.:2205(c)(2). | Sept. 3, 1982, Pub. L. 97–248, §506(c)(2), 96 Stat. 678; Jan. 6, 1983, Pub. L. 97–424, §426(c), 96 Stat. 2168; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(B), (C), 101 Stat. 1494. |
| 49 App.:2205(c)(3). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §506(c)(3); added Dec. 30, 1987, Pub. L. 100–223, §105(c)(1), 101 Stat. 1492; Nov. 5, 1990, Pub. L. 101–508, §9107(a), 104 Stat. 1388–355. | |
| 49 App.:2205(c)(4). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §506(c)(4); added Nov. 5, 1990, Pub. L. 101–508, §9107(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §103(c)(1), 106 Stat. 4877. |
In subsection (a), before clause (1), the words "Except as provided in this section" are added for clarity. The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.
In subsection (b), the text of 49 App.:2205(c)(2) and (3) and the reference to fiscal years 1991 and 1992 in 49 App:2205(c)(4) are omitted as obsolete.
This makes a clarifying amendment to the catchline for 49:48104(b).
2018—Pub. L. 115–254, which directed substitution of "The" for "(a)
2000—Subsec. (a). Pub. L. 106–181, §106(d)(1), struck out "Except as provided in this section," before "the balance of the money" in introductory provisions.
Subsecs. (b), (c). Pub. L. 106–181, §106(d)(2), struck out heading and text of subsecs. (b) and (c), which set out funding limitations for fiscal year 1993 and fiscal years 1994 to 1998, respectively.
1996—Pub. L. 104–264, §103(d)(1), substituted "Operations and maintenance" for "Certain direct costs and joint air navigation services" in section catchline.
Subsec. (b). Pub. L. 104–287 substituted "
Subsec. (c). Pub. L. 104–264, §103(b)(1), (2), substituted "1998" for "1996" in heading and "1994 through 1998" for "1994, 1995, and 1996" in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 104–264, §103(b)(3), substituted "72.5 percent" for "70 percent".
1994—Subsec. (b). Pub. L. 103–305, §102(b)(1), (2), inserted "
Subsec. (c). Pub. L. 103–305, §102(b)(3), added subsec. (c).
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.
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.
To sustain the aviation weather reporting programs of the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available under section 48104 of this title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993, $35,596,000.
(2) for the fiscal year ending September 30, 1994, $37,800,000.
(3) for the fiscal year ending September 30, 1995, $39,000,000.
(4) $39,000,000 for each of fiscal years 2019 through 2023.
(5) $17,049,180 for the period beginning on October 1, 2023, and ending on March 8, 2024.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 115–254, div. B, title I, §114, Oct. 5, 2018, 132 Stat. 3201; Pub. L. 118–15, div. B, title II, §2202(j), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(j), Dec. 26, 2023, 137 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48105 | 49 App.:2205(d). | Sept. 3, 1982, Pub. L. 97–248, §506(d), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, §105(c)(2), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101–508, §§9108, 9204, 104 Stat. 1388–355, 1388–373; Oct. 31, 1992, Pub. L. 102–581, §103(d), 106 Stat. 4877. |
The words "for fiscal years beginning after September 30, 1982" are omitted as obsolete. The words "Secretary of Commerce" are substituted for "National Oceanic and Atmospheric Administration" because of 15:1501. The words "The Federal Aviation Administration with" are omitted as surplus.
2023—Par. (5). Pub. L. 118–34 added par. (5) and struck out former par. (5) which read as follows: "$9,803,278 for the period beginning on October 1, 2023, and ending on December 31, 2023."
Pub. L. 118–15 added par. (5).
2018—Pub. L. 115–254, §114(1), substituted "To sustain the aviation weather reporting programs of the Federal Aviation Administration, the Secretary of Transportation" for "To reimburse the Secretary of Commerce for the cost incurred by the National Oceanic and Atmospheric Administration of providing weather reporting services to the Federal Aviation Administration, the Secretary of Transportation" in introductory provisions.
Par. (4). Pub. L. 115–254, §114(2), added par. (4).
Amounts are available 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 section 44510 of this title. The amounts remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48106 | 49 App.:1354a (2d sentence). | Nov. 5, 1990, Pub. L. 101–516, (2d sentence in par. under heading "Facilities and Equipment"), 104 Stat. 2160. |
| Oct. 28, 1991, Pub. L. 102–143, (2d sentence in par. under heading "Facilities and Equipment"), 105 Stat. 922. | ||
| Oct. 6, 1992, Pub. L. 102–388, (2d sentence in par. under heading "Facilities and Equipment"), 106 Stat. 1526. |
This section is substituted for the source provisions for clarity and because of the restatement.
After the review under section 44912(b) of this title is completed, necessary amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under section 44912(a)(4)(A).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48107 | 49 App.:1357(d)(9). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(9); added Nov. 16, 1990, Pub. L. 101–604, §107, 104 Stat. 3077. |
The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.
(a)
(b)
(2) Amounts in the Fund may be appropriated for administrative expenses of the Department of Transportation or a component of the Department only to the extent authorized by section 48104 of this title.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 103–305, title I, §102(c), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §103(c), Oct. 9, 1996, 110 Stat. 3216.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48108(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(e)(2). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(2), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, §105(g)(3), 101 Stat. 1494. | |
| 48108(b)(1) | 49 App.:2205(e)(1). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(1), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, §105(d)(1), 101 Stat. 1493. |
| 48108(b)(2) | 49 App.:2205(e)(3). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(3), 96 Stat. 679. |
| 48108(c) | 49 App.:2205(e)(5). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(5), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, §105(d)(2), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, §103(c)(2), 106 Stat. 4877. |
In subsection (a), the words "for each fiscal year" are omitted as surplus.
In subsection (b)(1), the words "Notwithstanding any other provision of law to the contrary" are omitted as surplus. The reference to "this chapter" is intended to include sections 48106 and 48107 of the revised title for accuracy because the source provisions for those sections were enacted after the source provisions being restated in this section.
In subsection (b)(2), the words "for any fiscal year" are omitted as surplus.
In subsection (c), the words "be construed as" and "the purposes described in" are omitted as surplus.
1996—Subsec. (c). Pub. L. 104–264 substituted "1998" for "1996".
1994—Subsec. (c). Pub. L. 103–305 substituted "1996" for "1995".
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.
When the Administrator of the Federal Aviation Administration submits to the Secretary of Transportation, the President, or the Director of the Office of Management and Budget any budget information, legislative recommendation, or comment on legislation about amounts authorized in section 48101 or 48102 of this title, the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House of Representatives, the Committees on Transportation and Infrastructure and Appropriations of the House, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48109 | 49 App.:2205(f). | Sept. 3, 1982, Pub. L. 97–248, §506(f), 96 Stat. 679. |
The words "Director of the Office of Management and Budget" are substituted for "Office of Management and Budget" because of 31:502(a). The words "or transmits . . . budget estimate, budget request, supplemental budget estimate, or other" and "thereof" are omitted as surplus.
1996—Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
For the fiscal years ending September 30, 1993–1995, amounts necessary to carry out section 44515 of this title may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502). The amounts remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48110 | 49 App.:1354 (note). | Oct. 31, 1992, Pub. L. 102–581, §119(d), 106 Stat. 4884. |
The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.
(a)
(b)
(c)
(1)
(2)
(d)
(1) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(Added Pub. L. 104–264, title II, §275(a), Oct. 9, 1996, 110 Stat. 3246.)
Section 274(c) of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (a), is section 274(c) of Pub. L. 104–264, which is set out as a note under section 40101 of this title.
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.
Section, added Pub. L. 106–181, title I, §107(a), Apr. 5, 2000, 114 Stat. 73, related to adjustment to AIP program funding.
Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to 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. 106–181, title I, §108(a), Apr. 5, 2000, 114 Stat. 73.)
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.
(a)
(1)
(A)
(i) in fiscal year 2013, be equal to 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and
(ii) in fiscal years 2014 through 2018, be equal to the sum of—
(I) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and
(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year.
Such amounts may be used only for the aviation investment programs listed in subsection (b)(1).
(B)
(2)
(b)
(1)
(A) 69–8106–0–7–402 (Grants in Aid for Airports).
(B) 69–8107–0–7–402 (Facilities and Equipment).
(C) 69–8108–0–7–402 (Research and Development).
(D) 69–8104–0–7–402 (Trust Fund Share of Operations).
(2)
(c)
(1)
(2)
(Added Pub. L. 108–176, title I, §104(a), Dec. 12, 2003, 117 Stat. 2496; amended Pub. L. 112–95, title I, §104, Feb. 14, 2012, 126 Stat. 16; Pub. L. 114–55, title I, §106(a), Sept. 30, 2015, 129 Stat. 524; Pub. L. 114–190, title I, §1106(a), July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §107(a), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–254, div. B, title I, §116, Oct. 5, 2018, 132 Stat. 3201.)
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified to section 9502 of Title 26, Internal Revenue Code.
Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b)(2), is classified to section 907 of Title 2, The Congress.
2018—Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted "in fiscal years 2014 through 2018" for "in fiscal year 2014 and each fiscal year thereafter" in introductory provisions.
2017—Subsec. (a)(2). Pub. L. 115–63, §107(a)(1), substituted "2018" for "2017".
Subsec. (c)(2). Pub. L. 115–63, §107(a)(2), substituted "2018" for "2017".
2016—Subsec. (a)(2). Pub. L. 114–190, §1106(a)(1), substituted "fiscal year 2017," for "fiscal year 2016,".
Subsec. (c)(2). Pub. L. 114–190, §1106(a)(2), substituted "fiscal year 2017" for "fiscal year 2016".
2015—Subsec. (a)(2). Pub. L. 114–55, §106(a)(1), substituted "2016' for "2015".
Subsec. (c)(2). Pub. L. 114–55, §106(a)(2), substituted "2016" for "2015".
2012—Subsec. (a)(1)(A). Pub. L. 112–95, §104(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2007 pursuant to sections 48101, 48102, 48103, and 106(k) of title 49, United States Code, shall be equal to the level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b)."
Subsec. (a)(1)(B). Pub. L. 112–95, §104(b), substituted "subsection (b)(1)" for "subsection (b)".
Subsec. (a)(2). Pub. L. 112–95, §104(c), substituted "2015" for "2007".
Subsec. (b)(2). Pub. L. 112–95, §104(d), substituted "Estimated level" for "Level" in heading and "estimated level of receipts plus interest" for "level of receipts plus interest" in text.
Subsec. (c)(2). Pub. L. 112–95, §104(e), substituted "2015" for "2007".
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.
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.
(a)
(b)
(Added Pub. L. 104–264, title II, §277(a), Oct. 9, 1996, 110 Stat. 3248.)
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 9502 of Title 26, Internal Revenue Code.
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.
Section, added Pub. L. 107–71, title I, §118(c)(1), Nov. 19, 2001, 115 Stat. 627; amended Pub. L. 108–458, title IV, §4029, Dec. 17, 2004, 118 Stat. 3727; Pub. L. 110–53, title XVI, §1618, Aug. 3, 2007, 121 Stat. 489, related to aviation security funding.
2012—Pub. L. 112–95, title I, §150, Feb. 14, 2012, 126 Stat. 32, struck out item 49108 "Limitations".
Congress finds that—
(1) the 2 federally owned airports in the metropolitan area of the District of Columbia constitute an important and growing part of the commerce, transportation, and economic patterns of Virginia, the District of Columbia, and the surrounding region;
(2) Baltimore/Washington International Airport, owned and operated by Maryland, is an air transportation facility that provides service to the greater Metropolitan Washington region together with the 2 federally owned airports, and timely Federal-aid grants to Baltimore/Washington International Airport will provide additional capacity to meet the growing air traffic needs and to compete with other airports on a fair basis;
(3) the United States Government has a continuing but limited interest in the operation of the 2 federally owned airports, which serve the travel and cargo needs of the entire Metropolitan Washington region as well as the District of Columbia as the national seat of government;
(4) operation of the Metropolitan Washington Airports by an independent local authority will facilitate timely improvements at both airports to meet the growing demand of interstate air transportation occasioned by the Airline Deregulation Act of 1978 (Public Law 95–504; 92 Stat. 1705);
(5) all other major air carrier airports in the United States are operated by public entities at the State, regional, or local level;
(6) any change in status of the 2 airports must take into account the interest of nearby communities, the traveling public, air carriers, general aviation, airport employees, and other interested groups, as well as the interests of the United States Government and State governments involved;
(7) in recognition of a perceived limited need for a Federal role in the management of these airports and the growing local interest, the Secretary of Transportation has recommended a transfer of authority from the Federal to the local/State level that is consistent with the management of major airports elsewhere in the United States;
(8) an operating authority with representation from local jurisdictions, similar to authorities at all major airports in the United States, will improve communications with local officials and concerned residents regarding noise at the Metropolitan Washington Airports;
(9) a commission of congressional, State, and local officials and aviation representatives has recommended to the Secretary that transfer of the federally owned airports be as a unit to an independent authority to be created by Virginia and the District of Columbia; and
(10) the Federal interest in these airports can be provided through a lease mechanism which provides for local control and operation.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49101 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6002, 100 Stat. 1783–373. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6002, 100 Stat. 3341–376. |
In clause (4), the word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code.
The Airline Deregulation Act of 1978, referred to in par. (4), is Pub. L. 95–504, Oct. 24, 1978, 92 Stat. 1705, which was classified principally to sections of former Title 49, Transportation. The Act was substantially 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 complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
A prior section 49101 was renumbered section 50101 of this title.
(a)
(b)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49102(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6003(a), 100 Stat. 1783–374. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6003(a), 100 Stat. 3341–377. | ||
| 49102(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6003(b), 100 Stat. 1783–374. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6003(b), 100 Stat. 3341–377. |
In subsection (b), the words "and conditions" are omitted as being included in "terms".
A prior section 49102 was renumbered section 50102 of this title.
In this chapter—
(1) "Airports Authority" means the Metropolitan Washington Airports Authority, a public authority created by Virginia and the District of Columbia consistent with the requirements of section 49106 of this title.
(2) "employee" means any permanent Federal Aviation Administration personnel employed by the Metropolitan Washington Airports on June 7, 1987.
(3) "Metropolitan Washington Airports" means Ronald Reagan Washington National Airport and Washington Dulles International Airport.
(4) "Washington Dulles International Airport" means the airport constructed under the Act of September 7, 1950 (ch. 905, 64 Stat. 770), and includes the Dulles Airport Access Highway and Right-of-way, including the extension between Interstate Routes I–495 and I–66.
(5) "Ronald Reagan Washington National Airport" means the airport described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49103 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6004, 100 Stat. 1783–374. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6004, 100 Stat. 3341–377. |
In this section, the text of section 6004(1) and (5) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–374, 1783–375, Public Law 99–591, 100 Stat. 3341–378) is omitted as surplus because the complete names of the Administrator of the Federal Aviation Administration and the Secretary of Transportation are used the first time those terms appear in a section.
In clause (1), the words "an organization within the Federal Aviation Administration" are omitted as surplus.
Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in par. (4), was classified to subchapter II (§2421 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in par. (5), was classified to subchapter I (§2401 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
A prior section 49103 was renumbered section 50103 of this title.
1998—Pars. (3), (5). Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport".
Pub. L. 105–154, §1, Feb. 6, 1998, 112 Stat. 3, provided that: "The airport described in the Act entitled 'An Act to provide for the administration of the Washington National Airport, and for other purposes', approved June 29, 1940 (54 Stat. 686) [section 2401 et seq. of former Title 49, Transportation, see References in Text note above], and known as the Washington National Airport, shall be known and designated as the 'Ronald Reagan Washington National Airport'."
Pub. L. 105–154, §2(b), Feb. 6, 1998, 112 Stat. 4, provided that: "Any reference in a law, map, regulation, document, paper, or other record of the United States to the Washington National Airport shall be deemed to be a reference to the 'Ronald Reagan Washington National Airport'."
(a)
(1) The Airports Authority shall operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan Washington area.
(2)(A) In this paragraph, "airport purposes" means a use of property interests (except a sale) for—
(i) aviation business or activities;
(ii) activities necessary or appropriate to serve passengers or cargo in air commerce;
(iii) nonprofit, public use facilities that are not inconsistent with the needs of aviation; or
(iv) a business or activity not inconsistent with the needs of aviation that has been approved by the Secretary.
(B) During the period of the lease, the real property constituting the Metropolitan Washington Airports shall be used only for airport purposes.
(C) If the Secretary decides that any part of the real property leased to the Airports Authority under this chapter is used for other than airport purposes, the Secretary shall—
(i) direct that the Airports Authority take appropriate measures to have that part of the property be used for airport purposes; and
(ii) retake possession of the property if the Airports Authority fails to have that part of the property be used for airport purposes within a reasonable period of time, as the Secretary decides.
(3) The Airports Authority is subject to section 47107(a)–(c) and (e) of this title and to the assurances and conditions required of grant recipients under the Airport and Airway Improvement Act of 1982 (Public Law 97–248; 96 Stat. 671) as in effect on June 7, 1987. Notwithstanding section 47107(b) of this title, all revenues generated by the Metropolitan Washington Airports shall be expended for the capital and operating costs of the Metropolitan Washington Airports.
(4) In acquiring by contract supplies or services for an amount estimated to be more than $200,000, or awarding concession contracts, the Airports Authority to the maximum extent practicable shall obtain complete and open competition through the use of published competitive procedures. By a vote of 7 members, the Airports Authority may grant exceptions to the requirements of this paragraph.
(5)(A) Except as provided in subparagraph (B) of this paragraph, all regulations of the Metropolitan Washington Airports (14 CFR part 159) become regulations of the Airports Authority as of June 7, 1987, and remain in effect until modified or revoked by the Airports Authority under procedures of the Airports Authority.
(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal Regulations, do not become regulations of the Airports Authority.
(C) The Airports Authority may not increase or decrease the number of instrument flight rule takeoffs and landings authorized by the High Density Rule (14 CFR 93.121 et seq.) at Ronald Reagan Washington National Airport on October 18, 1986, and may not impose a limitation on the number of passengers taking off or landing at Ronald Reagan Washington National Airport.
(D) Subparagraph (C) does not apply to any increase in the number of instrument flight rule takeoffs and landings necessary to implement exemptions granted by the Secretary under section 41718.
(6)(A) Except as specified in subparagraph (B) of this paragraph, the Airports Authority shall assume all rights, liabilities, and obligations of the Metropolitan Washington Airports on June 7, 1987, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, and litigation related to those rights and obligations, regardless whether judgment has been entered, damages awarded, or appeal taken. The Airports Authority must cooperate in allowing representatives of the Attorney General and the Secretary adequate access to employees and records when needed for the performance of duties and powers related to the period before June 7, 1987. The Airports Authority shall assume responsibility for the Federal Aviation Administration's Master Plans for the Metropolitan Washington Airports.
(B) The procedure for disputes resolution contained in any contract entered into on behalf of the United States Government before June 7, 1987, continues to govern the performance of the contract unless otherwise agreed to by the parties to the contract. Claims for monetary damages founded in tort, by or against the Government as the owner and operator of the Metropolitan Washington Airports, arising before June 7, 1987, shall be adjudicated as if the lease had not been entered into.
(C) The Administration is responsible for reimbursing the Employees' Compensation Fund, as provided in section 8147 of title 5, for compensation paid or payable after June 7, 1987, in accordance with chapter 81 of title 5 for any injury, disability, or death due to events arising before June 7, 1987, whether or not a claim was filed or was final on that date.
(D) The Airports Authority shall continue all collective bargaining rights enjoyed by employees of the Metropolitan Washington Airports before June 7, 1987.
(7) The Comptroller General may conduct periodic audits of the activities and transactions of the Airports Authority in accordance with generally accepted management principles, and under regulations the Comptroller General may prescribe. An audit shall be conducted where the Comptroller General considers it appropriate. All records and property of the Airports Authority shall remain in possession and custody of the Airports Authority.
(8) The Airports Authority shall develop a code of ethics and financial disclosure to ensure the integrity of all decisions made by its board of directors and employees. The code shall include standards by which members of the board will decide, for purposes of section 49106(d) of this title, what constitutes a substantial financial interest and the circumstances under which an exception to the conflict of interest prohibition may be granted.
(9) A landing fee imposed for operating an aircraft or revenues derived from parking automobiles—
(A) at Washington Dulles International Airport may not be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Ronald Reagan Washington National Airport; and
(B) at Ronald Reagan Washington National Airport may not be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Washington Dulles International Airport.
(10) The Airports Authority shall compute the fees and charges for landing general aviation aircraft at the Metropolitan Washington Airports on the same basis as the landing fees for air carrier aircraft, except that the Airports Authority may require a minimum landing fee that is not more than the landing fee for aircraft weighing 12,500 pounds.
(11) The Secretary shall include other terms applicable to the parties to the lease that are consistent with, and carry out, this chapter.
(b)
(c)
(d)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3; Pub. L. 106–181, title II, §231(e)(2), Apr. 5, 2000, 114 Stat. 113; Pub. L. 112–95, title IV, §414(e), Feb. 14, 2012, 126 Stat. 92.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49104(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §§6005(a), (d), 6007(d) (last sentence), 100 Stat. 1783–375, 1783–376, 1783–380. |
| Oct. 18, 1986, Pub. L. 99–500, title VI, §6005(c), 100 Stat. 1783–376; Oct. 9, 1996, Pub. L. 104–264, title IX, §902, 110 Stat. 3274. | ||
| Oct. 30, 1986, Pub. L. 99–591, title VI, §§6005(a), (d), 6007(d) (last sentence), 100 Stat. 3341–378, 3341–379, 3341–383. | ||
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6005(c), 100 Stat. 3341–379; Oct. 9, 1996, Pub. L. 104–264, title IX, §902, 110 Stat. 3274. | ||
| 49104(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6005(b), 100 Stat. 1783–375. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6005(b), 100 Stat. 3341–378. | ||
| 49104(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6005(e), 100 Stat. 1783–378. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6005(e), 100 Stat. 3341–381. | ||
| 49104(d) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6010, 100 Stat. 1783–385. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6010, 100 Stat. 3341–388. |
In subsection (a), before clause (1), the text of section 6005(a) and (d) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–375, 1783–378, Public Law 99–591, 100 Stat. 3341–378, 3341–381) is omitted as executed. The words "conditions and requirements" are omitted as surplus. In clause (5)(B), the words "(relating to new-technology aircraft)" and "(relating to violations of Federal Aviation Administration regulations as Federal misdemeanors)" are omitted as surplus. In clause (5)(C), the words "after the date the lease takes effect" are omitted as obsolete. In clause (6)(A), the words "(tangible and incorporeal, present and executory)" are omitted as surplus. The words "The Airports Authority must" are substituted for "Before the date the lease takes effect, the Secretary shall also assure that the Airports Authority has agreed to" to eliminate obsolete words. The words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code. In clause (7), the words "or places" are omitted because of 1:1. The words "books, accounts . . . reports, files, papers" are omitted as being included in "reports". In clause (8), the words "for purposes of section 49106(d) of this title" are added for clarity. In clause (9), before subclause (A), the words "Notwithstanding any other provision of law" are omitted as surplus. In clause (11), the words "and conditions" are omitted as being included in "terms".
In subsection (b), the text of section 6005(b)(2) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–375, Public Law 99–591, 100 Stat. 3341–378) is omitted as executed.
Section 6005(a) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section 6005(a) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–375, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–378, which was classified to section 2454(a) of former Title 49, Transportation, and was repealed and reenacted as subsec. (a) of this section by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
The Airport and Airway Improvement Act of 1982, referred to in subsec. (a)(3), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as subchapter I of chapter 471 of Title 49, Transportation.
A prior section 49104 was renumbered section 50104 of this title.
2012—Subsec. (a)(2)(A)(iv). Pub. L. 112–95 added cl. (iv).
2000—Subsec. (a)(5)(D). Pub. L. 106–181 added subpar. (D).
1998—Subsec. (a)(5)(C), (9)(A), (B). Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport" wherever appearing.
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.
(a)
(1) should pursue the improvement, construction, and rehabilitation of the facilities at Washington Dulles International Airport and Ronald Reagan Washington National Airport simultaneously; and
(2) to the extent practicable, should cause the improvement, construction, and rehabilitation proposed by the Secretary of Transportation to be completed at Washington Dulles International Airport and Ronald Reagan Washington National Airport within 5 years after March 30, 1988.
(b)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2210; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49105(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6006(a), 100 Stat. 1783–378. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6006(a), 100 Stat. 3341–381. | ||
| 49105(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6006(b), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6006(b), 100 Stat. 3341–382. |
A prior section 49105 was renumbered section 50105 of this title.
1998—Subsec. (a)(1), (2). Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport".
(a)
(1) a public body corporate and politic with the powers and jurisdiction—
(A) conferred upon it jointly by the legislative authority of Virginia and the District of Columbia or by either of them and concurred in by the legislative authority of the other jurisdiction; and
(B) that at least meet the specifications of this section and section 49108 1 of this title;
(2) independent of Virginia and its local governments, the District of Columbia, and the United States Government; and
(3) a political subdivision constituted only to operate and improve the Metropolitan Washington Airports as primary airports serving the Metropolitan Washington area.
(b)
(A) to acquire, maintain, improve, operate, protect, and promote the Metropolitan Washington Airports for public purposes;
(B) to issue bonds from time to time in its discretion for public purposes, including paying any part of the cost of airport improvements, construction, and rehabilitation and the acquisition of real and personal property, including operating equipment for the airports;
(C) to acquire real and personal property by purchase, lease, transfer, or exchange;
(D) to exercise the powers of eminent domain in Virginia that are conferred on it by Virginia;
(E) to levy fees or other charges; and
(F) to make and maintain agreements with employee organizations to the extent that the Federal Aviation Administration was authorized to do so on October 18, 1986.
(2) Bonds issued under paragraph (1)(B) of this subsection—
(A) are not a debt of Virginia, the District of Columbia, or a political subdivision of Virginia or the District of Columbia; and
(B) may be secured by the Airports Authority's revenues generally, or exclusively from the income and revenues of certain designated projects whether or not any part of the projects are financed from the proceeds of the bonds.
(c)
(A) 7 members appointed by the Governor of Virginia;
(B) 4 members appointed by the Mayor of the District of Columbia;
(C) 3 members appointed by the Governor of Maryland; and
(D) 3 members appointed by the President with the advice and consent of the Senate.
(2) The chairman of the board shall be appointed from among the members by majority vote of the members and shall serve until replaced by majority vote of the members.
(3) Members of the board shall be appointed to the board for 6 years, except that of the members first appointed by the President after October 9, 1996, one shall be appointed for 4 years. Any member of the board shall be eligible for reappointment for 1 additional term. A member shall not serve after the expiration of the member's term(s).
(4) A member of the board—
(A) may not hold elective or appointive political office;
(B) serves without compensation except for reasonable expenses incident to board functions; and
(C) must reside within the Washington Standard Metropolitan Statistical Area, except that a member of the board appointed by the President must be a registered voter of a State other than Maryland, Virginia, or the District of Columbia.
(5) A vacancy in the board shall be filled in the manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term.
(6)(A) Not more than 2 of the members of the board appointed by the President may be of the same political party.
(B) In carrying out their duties on the board, members appointed by the President shall ensure that adequate consideration is given to the national interest.
(C) A member appointed by the President may be removed by the President for cause. A member appointed by the Mayor of the District of Columbia, the Governor of Maryland or the Governor of Virginia may be removed or suspended from office only for cause and in accordance with the laws of jurisdiction 2 from which the member is appointed.
(7) Ten votes are required to approve bond issues and the annual budget.
(d)
(e)
(f)
(g)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2210; amended Pub. L. 105–225, §7(c)(1)(A), (B), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181, title II, §231(i), Apr. 5, 2000, 114 Stat. 115; Pub. L. 112–55, div. C, title I, §191, Nov. 18, 2011, 125 Stat. 671.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49106(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(a), (b), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(a), (b), 100 Stat. 3341–382. | ||
| 49106(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(c), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(c), 100 Stat. 3341–382. | ||
| 49106(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(e), 100 Stat. 1783–380; Oct. 9, 1996, Pub. L. 104–264, title IX, §903, 110 Stat. 3275. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(e), 100 Stat. 3341–383; Oct. 9, 1996, Pub. L. 104–264, title IX, §903, 110 Stat. 3275. | ||
| 49106(d) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(d) (1st, 2d sentences), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(d) (1st, 2d sentences), 100 Stat. 3341–382. | ||
| 49106(e) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(f), 100 Stat. 1783–382; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(f), 100 Stat. 3341–385; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. | ||
| 49106(f) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(h), 100 Stat. 1783–382; Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(e), 105 Stat. 2200; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(b), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(h), 100 Stat. 3341–385; Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(e), 105 Stat. 2200; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(b), 110 Stat. 3276. | ||
| 49106(g) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(g), as added Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(h), 105 Stat. 2202; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(g), as added Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(h), 105 Stat. 2202; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. |
In subsection (b)(2)(A), the words "Virginia, the District of Columbia" are substituted for "either jurisdiction" for clarity.
In subsection (c)(6)(C), the words "the limitations described in" are omitted as unnecessary. The word "until" is substituted for "for the period beginning on October 1, 1997, and ending on the first day on which" to eliminate unnecessary words.
In subsection (d), the words "The Airports Authority shall be subject to a conflict-of-interest provision providing that" are omitted as surplus.
In subsection (g), the words "Committee on Transportation and Infrastructure" are substituted for "Committee on Public Works and Transportation" because of the amendment of clause 1(q) of Rule X of the Rules of the House of Representatives by section 202(a) of H. Res. 6, approved January 4, 1995.
Section 49108 of this title, referred to in subsec. (a)(1)(B), was repealed by Pub. L. 112–95, title I, §150, Feb. 14, 2012, 126 Stat. 32.
2011—Subsec. (c)(1). Pub. L. 112–55, §191(a)(1), substituted "17 members" for "13 members" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 112–55, §191(a)(2), substituted "7 members" for "5 members".
Subsec. (c)(1)(B). Pub. L. 112–55, §191(a)(3), substituted "4 members" for "3 members".
Subsec. (c)(1)(C). Pub. L. 112–55, §191(a)(4), substituted "3 members" for "2 members".
Subsec. (c)(3). Pub. L. 112–55, §191(b), substituted "Any member of the board shall be eligible for reappointment for 1 additional term. A member shall not serve after the expiration of the member's term(s)." for "A member may serve after the expiration of that member's term until a successor has taken office."
Subsec. (c)(6)(C). Pub. L. 112–55, §191(c), inserted at end "A member appointed by the Mayor of the District of Columbia, the Governor of Maryland or the Governor of Virginia may be removed or suspended from office only for cause and in accordance with the laws of jurisdiction from which the member is appointed."
Subsec. (c)(7). Pub. L. 112–55, §191(d), substituted "Ten votes" for "Eight votes".
2000—Subsec. (c)(6)(C), (D). Pub. L. 106–181 redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: "The members to be appointed under paragraph (1)(D) of this subsection must be appointed before October 1, 1997. If the deadline is not met, the Secretary of Transportation and the Airports Authority are subject to the limitations of section 49108 of this title until all members referred to in paragraph (1)(D) are appointed."
1998—Subsec. (b)(1)(F). Pub. L. 105–225, §7(c)(1)(A), substituted "1986" for "1996".
Subsec. (c)(3). Pub. L. 105–225, §7(c)(1)(B), substituted "to the board" for "by the board".
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.
Pub. L. 105–225, §7(c)(3), Aug. 12, 1998, 112 Stat. 1512, provided that: "The amendments made by this subsection [amending this section and sections 49107 and 49111 of this title and provisions set out as a note preceding section 101 of this title] are effective as of November 20, 1997."
1 See References in Text note below.
2 So in original. Probably should be preceded by "the".
(a)
(2) Employee protection arrangements made under this section shall ensure, during the 50-year lease term, the continuation of all collective bargaining rights enjoyed by transferred employees retained by the Airports Authority.
(b)
(c)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2212; amended Pub. L. 105–225, §7(c)(1)(C), Aug. 12, 1998, 112 Stat. 1511.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49107(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6008(a)–(d), (f), 100 Stat. 1783–382, 1783–383. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6008(a)–(d), (f), 100 Stat. 3341–385, 3341–387. | ||
| 49107(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6008(e), 100 Stat. 1783–383. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6008(e), 100 Stat. 3341–386. | ||
| 49107(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6008(g), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6008(g), 100 Stat. 3341–387. |
In subsection (a)(1), the text of section 6008(a), (b)(2d and last sentences), (c), (d), and (f) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat, 1783–382, 1783–383, Public Law 99–591, 100 Stat. 3341–385, 3341–386, 3341–387) is omitted as obsolete.
In subsection (c), the words "duty or power" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code.
1998—Subsec. (b). Pub. L. 105–225 substituted "is subject to subchapter III" for "is subject to subchapter II".
Amendment by Pub. L. 105–225 effective Nov. 20, 1997, see section 7(c)(3) of Pub. L. 105–225, set out as a note under section 49106 of this title.
Pub. L. 106–554, §1(a)(3) [title VI, §636], Dec. 21, 2000, 114 Stat. 2763, 2763A–164, provided that:
"(a)
"(1) is employed as a member of the police force of the Metropolitan Washington Airports Authority (hereafter in this section referred to as an 'MWAA police officer'); and
"(2) is subject to the Civil Service Retirement System or the Federal Employees' Retirement System by virtue of section 49107(b) of title 49, United States Code.
"(b)
"(1)
"(2)
"(A) an MWAA police officer; or
"(B) a member of the police force of the Federal Aviation Administration (hereafter in this section referred to as an 'FAA police officer').
"(c)
"(1) it is made before the employee separates from service with the Metropolitan Washington Airports Authority, but in no event later than 1 year after the regulations under this subsection take effect; and
"(2) it is accompanied by payment of an amount equal to, with respect to all prior service of such employee which is described in subsection (b)(2)—
"(A) the employee deductions that would have been required for such service under chapter 83 or 84 of title 5, U.S.C. (as the case may be) if such election had then been in effect, minus
"(B) the total employee deductions and contributions under such chapter 83 and 84 (as applicable) that were actually made for such service,
taking into account only amounts required to be credited to the Civil Service Retirement and Disability Fund. Any amount under paragraph (2) shall be computed with interest, in accordance with section 8334(e) of such title 5.
"(d)
"(e)
"(1) the Metropolitan Washington Airports Authority (or its designee) concerning any service performed by an individual as an MWAA police officer; and
"(2) the Federal Aviation Administration (or its designee) concerning any service performed by an individual as an FAA police officer.
"(f)
"(1)
"(2)
Section, added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 106–181, title II, §231(h), Apr. 5, 2000, 114 Stat. 115; Pub. L. 108–176, title VIII, §804, Dec. 12, 2003, 117 Stat. 2587; Pub. L. 110–330, §5(h), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(g), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(h), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(g), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(g), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(g), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(g), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(g), Aug. 1, 2010, 124 Stat. 2350; Pub. L. 111–249, §5(h), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(g), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(g), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(g), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(g), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(g), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(h), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(h), Jan. 31, 2012, 126 Stat. 4, related to limitations on Secretary of Transportation's authority to approve an application of the Metropolitan Washington Airports Authority.
An air carrier may not operate an aircraft nonstop in air transportation between Ronald Reagan Washington National Airport and another airport that is more than 1,250 statute miles away from Ronald Reagan Washington National Airport.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49109 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6012, 100 Stat. 1783–385. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6012, 100 Stat. 3341–388. |
1998—Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport" in two places.
The Metropolitan Washington Airports Authority shall continue in effect and enforce section 4.2(1) and (2) of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with this section. The Attorney General or an aggrieved party may bring an action on behalf of the United States Government.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49110 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §906, 110 Stat. 3277. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §906, 110 Stat. 3277. |
The words "Except as provided by subsection (b)" and "the requirements of" are omitted as unnecessary.
(a)
(1) the Metropolitan Washington Airports are deemed to be public airports for purposes of chapter 471 of this title; and
(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First Supplemental Civil Functions Appropriations Act, 1941 (ch. 780, 54 Stat. 1030), and the Act of September 7, 1950 (ch. 905, 64 Stat. 770), do not apply to the operation of the Metropolitan Washington Airports, and the Secretary of Transportation is relieved of all responsibility under those Acts.
(b)
(c)
(d)
(2) The Airports Authority shall consult with—
(A) the Commission and the Advisory Council on Historic Preservation before undertaking any major alterations to the exterior of the main terminal at Washington Dulles International Airport; and
(B) the Commission before undertaking development that would alter the skyline of Ronald Reagan Washington National Airport when viewed from the opposing shoreline of the Potomac River or from the George Washington Parkway.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3; Pub. L. 105–225, §7(c)(1)(D), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181, title II, §231(j)(1), Apr. 5, 2000, 114 Stat. 115; Pub. L. 107–217, §3(n)(9), Aug. 21, 2002, 116 Stat. 1303.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49111(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(a), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(a), 100 Stat. 3341–387. | ||
| 49111(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(b), 100 Stat. 1783–384; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(1), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(b), 100 Stat. 3341–387; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(1), 110 Stat. 3276. | ||
| 49111(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(c), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(c), 100 Stat. 3341–387. | ||
| 49111(d) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(d), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(d), 100 Stat. 3341–387. | ||
| 49111(e) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(e), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(e), 100 Stat. 3341–388. |
In subsection (a)(1), the word "deemed" is substituted for "considered" for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the text of section 6009(e)(2) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–385, Public Law 99–591, 100 Stat. 3341–388) is omitted as executed.
Section 6005 of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section 6005 of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–375, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–378, which was classified to section 2454 of former Title 49, Transportation, and was repealed and reenacted as this section by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in subsec. (a)(2), was classified to subchapter I (§2401 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
The First Supplemental Civil Functions Appropriations Act, 1941, referred to in subsec. (a)(2), is act Oct. 9, 1940, ch. 780, 54 Stat. 1030. For complete classification of this Act to the Code, see Tables.
Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in subsec. (a)(2), was classified to subchapter II (§2421 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
2002—Subsec. (d)(1). Pub. L. 107–217 substituted "section 8722 of title 40" for "section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),".
2000—Subsec. (e). Pub. L. 106–181 struck out heading and text of subsec. (e). Text read as follows: "The Administrator of the Federal Aviation Administration may not increase the number of instrument flight rule takeoffs and landings authorized for air carriers by the High Density Rule (14 CFR 93.121 et seq.) at Ronald Reagan Washington National Airport on October 18, 1986, and may not decrease the number of those takeoffs and landings except for reasons of safety."
1998—Subsec. (b). Pub. L. 105–225 substituted "retention by" for "retention of".
Subsecs. (c), (d)(2)(B), (e). Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport".
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.
Amendment by Pub. L. 105–225 effective Nov. 20, 1997, see section 7(c)(3) of Pub. L. 105–225, set out as a note under section 49106 of this title.
(a)
(b)
(2) Any action of the Airports Authority that was required to be submitted to the Board of Review under section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500; 100 Stat. 1783–380; Public Law 99–599; 100 Stat. 3341–383) before October 9, 1996, remains in effect and may not be set aside only because of a judicial order invalidating certain functions of the Board.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2214.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49112(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6011, 100 Stat. 1783–385; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(2), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6011, 100 Stat. 3341–388; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(2), 110 Stat. 3276. | ||
| 49112(b)(1) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §907, 110 Stat. 3277. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §907, 110 Stat. 3277. | ||
| 49112(b)(2) | (uncodified). | Oct. 9, 1996, Pub. L. 104–264, title IX, §904(d), 110 Stat. 3276. |
In subsection (a), the word "thereby" is omitted as surplus.
In subsection (b)(1), the words "the limitations described in" are omitted as unnecessary.
The Metropolitan Washington Airports Amendments Act of 1996, referred to in subsec. (b)(1), is title IX of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3274, which amended the Metropolitan Washington Airports Act of 1986, title VI of Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783–373, and title VI of Pub. L. 99–591, Oct. 30, 1986, 100 Stat. 3341–376, as amended. The Metropolitan Washington Airports Act of 1986 was classified generally to subchapter III (§2451 et seq.) of chapter 33 of former Title 49, Transportation, and was repealed and reenacted as this chapter by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
Section 49108 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 112–95, title I, §150, Feb. 14, 2012, 126 Stat. 32.
Section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (b)(2), is section 6007(f)(4) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–379, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–382, which related to a Board of Review and was classified to section 2456(f)(4) of former Title 49, Transportation. Subsec. (f) of section 6007 was repealed and subsec. (g) redesignated (f) by Pub. L. 104–264, title IX, §904(a), Oct. 9, 1996, 110 Stat. 3276. Section 6007 was subsequently repealed and reenacted as section 49106 of Title 49, Transportation, by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217, and does not contain provisions relating to a Board of Review.
1 See References in Text note below.
1996—Pub. L. 104–287, §5(88)(A), Oct. 11, 1996, 110 Stat. 3398, redesignated part D of this subtitle as this part.
1996—Pub. L. 104–287, §5(88)(B), (C), Oct. 11, 1996, 110 Stat. 3398, redesignated chapter 491 of this title as this chapter and items 49101 to 49105 as 50101 to 50105, respectively.
(a)
(b)
(1) applying subsection (a) would be inconsistent with the public interest;
(2) the steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(3) when procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title—
(A) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and
(B) final assembly of the facility or equipment has occurred in the United States; or
(4) including domestic material will increase the cost of the overall project by more than 25 percent.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1298, §49101; renumbered §50101 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49101(a) | 49 App.:2226a(a). | Nov. 5, 1990, Pub. L. 101–508, §9129, 104 Stat. 1388–371. |
| 49101(b) | 49 App.:2226a(b). | |
| 49101(c) | 49 App.:2226a(c). |
In this chapter, the word "goods" is substituted for "product" and "products" for consistency.
In subsection (a), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "after November 5, 1990" are omitted as obsolete.
In subsection (b), before clause (1), the words "The Secretary may waive" are substituted for "shall not apply" for consistency. In clause (2), the words "steel and goods" are substituted for "materials and products" for consistency. In clause (4), the word "contract" is omitted as surplus.
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
1996—Pub. L. 104–287, §5(88)(D), renumbered section 49101 of this title as this section.
Subsecs. (a), (b)(3). Pub. L. 104–287, §5(89), substituted "section 47127" for "sections 47106(d) and 47127".
Pub. L. 115–254, div. B, title I, §167, Oct. 5, 2018, 132 Stat. 3227, provided that:
"(a)
"(1) make publicly available, in an easily identifiable location on the website of the Department of Transportation, a detailed written justification of the waiver determination; and
"(2) provide an informal public notice and comment opportunity on the waiver determination.
"(b)
Pub. L. 103–305, title III, §305, Aug. 23, 1994, 108 Stat. 1592, provided that:
"(a)
"(2) A person who violates paragraph (1) shall not be eligible for any contract for a procurement carried out with amounts authorized under 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 40101 of this title], including any subcontract under such a contract pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, or any successor procedures thereto.
"(b)
"(2) This subsection shall apply only to procurements made for which—
"(A) amounts are authorized by this title to be made available; and
"(B) solicitations for bids are issued after the date of the enactment of this Act [Aug. 23, 1994].
"(3) The Secretary, before January 1, 1995, shall report to the Congress on procurements covered under this subsection of products that are not domestic products.
"(c)
"(1) that is manufactured or produced in the United States; and
"(2) at least 50 percent of the cost of the articles, materials, or supplies of which are mined, produced, or manufactured in the United States."
Similar provisions were contained in the following prior authorization act: Pub. L. 102–581, title III, §305, Oct. 31, 1992, 106 Stat. 4896.
Pub. L. 103–305, title III, §306, Aug. 23, 1994, 108 Stat. 1593, provided that:
"(a)
"(b)
A person or enterprise domiciled or operating under the laws of a foreign country may not make a contract or subcontract under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353) if the government of that country unfairly maintains, in government procurement, a significant and persistent pattern of discrimination against United States goods or services that results in identifiable harm to United States businesses, that the President identifies under section 305(g)(1)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1298, §49102; renumbered §50102 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49102 | 49 App.:2226c. | Nov. 5, 1990, Pub. L. 101–508, §9131, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §118(b), 106 Stat. 4883. |
The words "government of that country" are substituted for "that government" for consistency in the revised title and with other titles of the United States Code.
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, known as the Aviation Safety and Capacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 "Sec. 613(c)", 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were 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 complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
1996—Pub. L. 104–287, §5(89), substituted "section 47127" for "sections 47106(d) and 47127".
Pub. L. 104–287, §5(88)(D), renumbered section 49102 of this title as this section.
(a)
(1) "domestic firm" means a business entity incorporated, and conducting business, in the United States.
(2) "foreign firm" means a business entity not described in clause (1) of this subsection.
(b)
(1) the Administrator decides, and the Secretary of Commerce and the United States Trade Representative concur, that the public interest requires making the contract with the domestic firm, considering United States international obligations and trade relations;
(2) the difference between the bids submitted by the foreign firm and the domestic firm is not more than 6 percent;
(3) the final product of the domestic firm will be assembled completely in the United States; and
(4) at least 51 percent of the final product of the domestic firm will be produced in the United States.
(c)
(1) compelling national security considerations require that subsection (b) of this section not apply; or
(2) the Trade Representative decides that making the contract would violate the multilateral trade agreements (as defined in section 3501(4) of title 19) or an international agreement to which the United States is a party.
(d)
(1) an amount is authorized by section 48102(a), (b), or (d) of this title to be made available for the fiscal years ending September 30, 1991, and September 30, 1992; and
(2) a solicitation for bid is issued after November 5, 1990.
(e)
(1) contracts to which this section applies that are made with foreign firms in the fiscal years ending September 30, 1991, and September 30, 1992;
(2) the number of contracts that meet the requirements of subsection (b) of this section, but that the Trade Representative decides would violate the multilateral trade agreements (as defined in section 3501(4) of title 19) or an international agreement to which the United States is a party; and
(3) the number of contracts made under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1298, §49103; renumbered §50103, Pub. L. 104–287, §5(88)(D), Oct. 11, 1996, 110 Stat. 3398; amended Pub. L. 106–36, title I, §1002(i), June 25, 1999, 113 Stat. 134.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49103(a) | 49 App.:2226d(e). | Nov. 5, 1990, Pub. L. 101–508, §9207, 104 Stat. 1388–375. |
| 49103(b) | 49 App.:2226d(a). | |
| 49103(c) | 49 App.:2226d(b). | |
| 49103(d) | 49 App.:2226d(c). | |
| 49103(e) | 49 App.:2226d(d). |
In subsection (a), the text of 49 App.:2226d(e)(1) is omitted because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section.
In subsection (b), before clause (1), the words "Subject to subsections (c) and (d) of this section" are added to alert the reader to the limitations in those subsections. In clause (1), the words "requires making the contract with the domestic firm" are substituted for "so requires" for clarity. The words "considering United States international obligations and trade relations" are substituted for "In determining under this subsection whether the public interest so requires, the Administrator shall take into account United States international obligations and trade relations" to eliminate unnecessary words. In clause (4), the words "when completely assembled" are omitted as surplus. The words "produced in the United States" are substituted for "domestically produced" for consistency with clause (3).
In subsection (c), the words "(1) such applicability would not be in the public interest" are omitted as redundant to subsection (b)(1) of the revised section.
In subsection (e)(1), the words "foreign firms" are substituted for "foreign entities" for consistency in the revised section.
Subsection (e)(3) is substituted for "the number of contracts covered under this subtitle (including the amendments made by this subtitle) and awarded based upon the parameters of this section" to eliminate unnecessary words.
1999—Subsecs. (c)(2), (e)(2). Pub. L. 106–36 substituted "multilateral trade agreements (as defined in section 3501(4) of title 19)" for "General Agreement on Tariffs and Trade".
1996—Pub. L. 104–287 renumbered section 49103 of this title as this section.
(a)
(1) "project" has the same meaning given that term in section 47102 of this title.
(2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country.
(3) an article substantially produced or manufactured in a foreign country is a product of the country.
(4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country.
(b)
(2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not in the public interest;
(B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the product or service is excluded.
(c)
(d)
(2) The Trade Representative shall publish in the Federal Register—
(A) annually the list required under paragraph (1) of this subsection; and
(B) any modification of the list made before the next list is published.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1299, §49104; renumbered §50104 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49104(a)(1) | (no source). | |
| 49104(a)(2)– (4) | 49 App.:2226(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §533; added Dec. 30, 1987, Pub. L. 100–223, §115, 101 Stat. 1505. |
| 49104(b) | 49 App.:2226(a). | |
| 49104(c) | 49 App.:2226(b). | |
| 49104(d) | 49 App.:2226(c). |
Subsection (a)(1) is added for clarity.
In subsection (b)(1), the words "subchapter I of chapter 471 of this title (except sections 47106(d) and 47127)" are substituted for "Act" in section 533(a)(1) of the Airport and Airway Development Act of 1982, as added by section 115 of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1505) to correct a mistake.
In subsection (b)(2), before clause (A), the words "with respect to the use of a product or service in a project" are omitted as surplus. In clause (B), the words "or service" are added for clarity and consistency in this section. In clause (C), the words "overall" and "contract" are omitted as surplus.
In subsection (c), the words "the date which is", "the date on which", "or not", and "and equitable" are omitted as surplus.
In subsection (d)(1), the words "finds under subsection (c) of this section is denying fair market opportunities" are substituted for "with respect to which an affirmative determination is made under subsection (b)" for clarity.
In subsection (d)(2)(A), the word "entire" is omitted as surplus.
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
1996—Pub. L. 104–287, §5(88)(D), renumbered section 49104 of this title as this section.
Subsec. (b)(1). Pub. L. 104–287, §5(89), substituted "section 47127" for "sections 47106(d) and 47127".
If the Secretary of Transportation decides that a person intentionally affixed a "Made in America" label to goods sold in or shipped to the United States that are not made in the United States, the Secretary shall declare the person ineligible, for not less than 3 nor more than 5 years, to receive a contract or grant from the United States Government related to a contract made under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to enforce this section in any district court of the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1300, §49105; renumbered §50105 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49105 | 49 App.:2226b. | Nov. 5, 1990, Pub. L. 101–508, §9130, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §118(a), 106 Stat. 4883. |
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, known as the Aviation Safety and Capacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 "Sec. 613(c)", 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were 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 complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, Transportation, see table at the beginning of Title 49.
1996—Pub. L. 104–287, §5(89), substituted "section 47127" for "sections 47106(d) and 47127".
Pub. L. 104–287, §5(88)(D), renumbered section 49105 of this title as this section.