§40101. Policy
Primary source
Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§40101. Policy
(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)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40101(a) | 49 App.:1302(a). | Aug. 23, 1958, Pub. L. 85–726, §102(a), 72 Stat. 740; Nov. 9, 1977, Pub. L. 95–163, §16(b)(1), (2), 91 Stat. 1284; Oct. 24, 1978, Pub. L. 95–504, §3(a), 92 Stat. 1705; restated Feb. 15, 1980, Pub. L. 96–192, §2, 94 Stat. 35. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 40101(b) | 49 App.:1302(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §102(b); added Nov. 9, 1977, Pub. L. 95–163, §16(b)(3), 91 Stat. 1284. |
| 49 App.:1551(b)(1)(E). | ||
| 40101(c) | 49 App.:1347. | Aug. 23, 1958, Pub. L. 85–726, §306, 72 Stat. 749. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40101(d) | 49 App.:1303. | Aug. 23, 1958, Pub. L. 85–726, §103, 72 Stat. 740; Nov. 18, 1988, Pub. L. 100–690, §7202(b), 102 Stat. 4424. |
| 49 App.:1655(c)(1). | ||
| 40101(e) | 49 App.:1502(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1102(b); added Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 42. |
| 49 App.:1551(b)(1)(E). | ||
| 40101(f) | 49 App.:1302(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §102(c); added Oct. 31, 1992, Pub. L. 102–581, §205, 106 Stat. 4894. |
In this part, the words "overseas air commerce" and "overseas air transportation" are omitted as obsolete because there no longer is a distinction in economic or safety regulation between "interstate" and "overseas" air commerce or air transportation.
In this section, the words "In carrying out . . . this part" are substituted for "In the exercise and performance of its powers and duties under this chapter" in 49 App.:1302(a), "In the exercise and performance of his powers and duties under this chapter" in 49 App.:1303, and "In exercising the authority granted in, and discharging the duties imposed by, this chapter" in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Civil Aeronautics Board was given responsibility for economic issues.
In subsection (a)(2), the word "full" is omitted as surplus. The words "the recommendations of the Secretary of Transportation on" are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words "and full evaluation of any report or recommendation submitted under section 1307 of this Appendix" are omitted as obsolete because the report and recommendations are no longer required.
In subsection (a)(4), the words "by air carriers and foreign air carriers" are omitted as surplus. The words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words "nevertheless", "on the one hand", and "on the other" are omitted as surplus.
In subsection (a)(8), before subclause (A), the word "authorities" is substituted for "entities" for consistency in the revised title and with other titles of the Code. In subclause (A), the words "sole responsibility" are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title.
In subsection (b)(3), the words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word "Administrator" in section 306 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words "consider the following matters" are substituted for "give full consideration to" for consistency in this section.
In subsection (d)(3), the word "both" in 49 App.:1303(c) is omitted as surplus the first time it appears. The words "of the United States" are omitted for consistency in the revised title and because of the definition of "navigable airspace" in section 40102(a) of the revised title. The words "of those operations" are added for clarity.
In subsection (d)(5), the word "both" in 49 App.:1303(e) is omitted as surplus.
In subsection (e), before clause (1), the words "the Congress intends that" are omitted as surplus. In clauses (1) and (4), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title. In clause (2), the word "prices" is substituted for "fares and rates" because of the definition of "price" in section 40102(a). In clause (8), the words "places in the United States" are substituted for "United States points" for consistency in this chapter. The word "air" is added for clarity and consistency in this subtitle. In clause (9)(C), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).
1996—Subsec. (d)(1). Pub. L. 104–264, §401(a)(1)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104–264, §401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out "its development and" after "best promotes". Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104–264, §401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted "encouraging and developing civil aeronautics, including new aviation technology" for "promoting, encouraging, and developing civil aeronautics". Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104–264, §401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 117–328, div. Q, §102(c), Dec. 29, 2022, 136 Stat. 5250, provided that: "On and after the date of enactment of this section [Dec. 29, 2022], any reference in a law, regulation, document, paper, or other record of the United States to the 'National Air Grant Fellowship Program' shall be deemed to be a reference to the 'Samya Rose Stumo National Air Grant Fellowship Program'."
Effective Date of 2012 Amendment
Pub. L. 112–95, §3, Feb. 14, 2012, 126 Stat. 15, provided that: "Except as otherwise expressly provided, this Act [see Tables for classification] and the amendments made by this Act shall take effect on the date of enactment of this Act [Feb. 14, 2012]."
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Short Title of 2025 Amendment
Pub. L. 118–238, §1, Jan. 4, 2025, 138 Stat. 2923, provided that: "This Act [amending section 44927 of this title and enacting provisions set out as notes under section 44927 of this title] may be cited as the 'Veterans Expedited TSA Screening Safe Travel Act' or the 'VETS Safe Travel Act'."
Short Title of 2024 Amendment
Pub. L. 118–63, §1(a), May 16, 2024, 138 Stat. 1025, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Reauthorization Act of 2024'."
Short Title of 2023 Amendment
Pub. L. 118–4, §1, June 3, 2023, 137 Stat. 7, provided that: "This Act [enacting provisions set out as a note under section 44701 of this title] may be cited as the 'NOTAM Improvement Act of 2023'."
Short Title of 2022 Amendment
Pub. L. 117–328, div. Q, §102(a), Dec. 29, 2022, 136 Stat. 5250, provided that: "This section [enacting and amending provisions set out as notes under this section] may be cited as the 'Samya Rose Stumo National Air Grant Fellowship Program Act of 2022'."
Pub. L. 117–254, §1, Dec. 20, 2022, 136 Stat. 2361, provided that: "This Act [amending section 47109 of this title and enacting provisions set out as notes under section 47109 of this title] may be cited as the 'Preventing PFAS Runoff at Airports Act'."
Pub. L. 117–203, §1, Oct. 17, 2022, 136 Stat. 2227, provided that: "This Act [enacting provisions set out as a note below] may be cited as the 'Advanced Air Mobility Coordination and Leadership Act'[.]"
Pub. L. 117–186, §1, Oct. 10, 2022, 136 Stat. 2199, provided that: "This Act [amending section 47110 of this title] may be cited as the 'Expedited Delivery of Airport Infrastructure Act of 2021'."
Short Title of 2020 Amendment
Pub. L. 116–260, div. V, title I, §101(a), Dec. 27, 2020, 134 Stat. 2309, provided that: "This title [see Tables for classification] may be cited as the 'Aircraft Certification, Safety, and Accountability Act'."
Pub. L. 116–190, §1, Oct. 30, 2020, 134 Stat. 974, provided that: "This Act [amending section 47107 of this title] may be cited as the 'Friendly Airports for Mothers Improvement Act'."
Short Title of 2019 Amendment
Pub. L. 116–92, div. A, title XI, §1131(a), Dec. 20, 2019, 133 Stat. 1615, provided that: "This subtitle [subtitle C (§§1131–1135) of title XI of div. A of Pub. L. 116–92, amending section 44506 of this title] may be cited as the 'ATC Hiring Reform Act'."
Pub. L. 116–34, §1, July 29, 2019, 133 Stat. 1040, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act'."
Short Title of 2018 Amendment
Pub. L. 115–254, §1(a), Oct. 5, 2018, 132 Stat. 3186, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Reauthorization Act of 2018'."
Pub. L. 115–254, div. B, title III, §391, Oct. 5, 2018, 132 Stat. 3323, provided that: "This subtitle [subtitle C (§§391–396) of title III of div. B of Pub. L. 115–254, enacting section 47124a of this title, amending section 44709 of this title, enacting provisions set out as notes under sections 44701 and 46101 of this title, and amending provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the 'Fairness for Pilots Act'."
Pub. L. 115–254, div. B, title VII, §701, Oct. 5, 2018, 132 Stat. 3409, provided that: "This title [enacting sections 44518 and 47511 of this title and sections 2801 to 2811 of Title 43, Public Lands, amending sections 44508 and 48102 of this title, and enacting provisions set out as notes under this section and sections 106, 44505, and 44802 of this title and section 2801 of Title 43] may be cited as the 'FAA Leadership in Groundbreaking High-Tech Research and Development Act' or the 'FLIGHT R&D Act'."
Pub. L. 115–254, div. C, §1101, Oct. 5, 2018, 132 Stat. 3429, provided that: "This division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1101, 1116, and 1119 of this title] may be cited as the 'National Transportation Safety Board Reauthorization Act'."
Short Title of 2016 Amendment
Pub. L. 114–242, §1, Oct. 7, 2016, 130 Stat. 978, provided that: "This Act [amending section 40122 of this title and enacting provisions set out as notes under section 40122 of this title] may be cited as the 'Federal Aviation Administration Veteran Transition Improvement Act of 2016'."
Pub. L. 114–190, §1(a), July 15, 2016, 130 Stat. 615, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Extension, Safety, and Security Act of 2016'."
Short Title of 2015 Amendment
Pub. L. 114–113, div. O, title IV, §401, Dec. 18, 2015, 129 Stat. 3000, provided that: "This title [enacting section 10609 of Title 42, The Public Health and Welfare, amending section 905 of Title 2, The Congress, enacting provisions set out as a note under section 905 of Title 2, and amending provisions set out as notes under this section] may be cited as the 'James Zadroga 9/11 Victim Compensation Fund Reauthorization Act'."
Short Title of 2014 Amendment
Pub. L. 113–238, §1, Dec. 18, 2014, 128 Stat. 2842, provided that: "This Act [enacting section 44946 of this title] may be cited as the 'Aviation Security Stakeholder Participation Act of 2014'."
Pub. L. 113–221, §1, Dec. 16, 2014, 128 Stat. 2094, provided that: "This Act [enacting section 44928 of this title] may be cited as the 'Honor Flight Act'."
Short Title of 2013 Amendment
Pub. L. 113–27, §1, Aug. 9, 2013, 127 Stat. 503, provided that: "This Act [enacting section 44927 of this title] may be cited as the 'Helping Heroes Fly Act'."
Pub. L. 112–271, §1, Jan. 14, 2013, 126 Stat. 2446, provided that: "This Act [amending section 44945 of this title] may be cited as the 'Clothe a Homeless Hero Act'."
Short Title of 2012 Amendment
Pub. L. 112–218, §1, Dec. 20, 2012, 126 Stat. 1593, provided that: "This Act [amending section 44901 of this title] may be cited as the 'No-Hassle Flying Act of 2012'."
Pub. L. 112–153, §1, Aug. 3, 2012, 126 Stat. 1159, provided that: "This Act [amending sections 44703, 44709, and 44710 of this title and enacting provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the 'Pilot's Bill of Rights'."
Pub. L. 112–95, §1(a), Feb. 14, 2012, 126 Stat. 11, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Modernization and Reform Act of 2012'."
Pub. L. 112–86, §1, Jan. 3, 2012, 125 Stat. 1874, provided that: "This Act [amending section 44903 of this title and enacting provisions set out as a note under section 44903 of this title] may be cited as the 'Risk-Based Security Screening for Members of the Armed Forces Act'."
Short Title of 2010 Amendment
Pub. L. 111–216, §1, Aug. 1, 2010, 124 Stat. 2348, provided that: "This Act [amending sections 106, 1135, 40117, 41712, 44302, 44303, 44703, 47104, 47107, 47115, 47141, 48101, 48102, and 49108 of this title and sections 4081, 4261, 4271, and 9502 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 40117 and 44701 of this title and sections 4081 and 9502 of Title 26, and amending provisions set out as a note under section 47109 of this title] may be cited as the 'Airline Safety and Federal Aviation Administration Extension Act of 2010'."
Short Title of 2007 Amendment
Pub. L. 110–135, §1, Dec. 13, 2007, 121 Stat. 1450, provided that: "This Act [enacting section 44729 of this title] may be cited as the 'Fair Treatment for Experienced Pilots Act'."
Pub. L. 110–113, §1, Nov. 8, 2007, 121 Stat. 1039, provided that: "This Act [enacting and amending provisions set out as notes under this section] may be cited as the 'Procedural Fairness for September 11 Victims Act of 2007'."
Short Title of 2004 Amendment
Pub. L. 108–297, §1, Aug. 9, 2004, 118 Stat. 1095, provided that: "This Act [enacting section 44113 of this title, amending sections 44107 and 44108 of this title, and enacting provisions set out as notes under section 44101 of this title] may be cited as 'Cape Town Treaty Implementation Act of 2004'."
Short Title of 2003 Amendment
Pub. L. 108–176, §1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: "This Act [see Tables for classification] may be cited as the 'Vision 100—Century of Aviation Reauthorization Act'."
Pub. L. 108–176, title III, §301, Dec. 12, 2003, 117 Stat. 2533, provided that: "This title [enacting subchapter III of chapter 471 of this title, amending sections 40104, 40128, 47106, 47503, and 47504 of this title, and enacting provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be cited as 'Aviation Streamlining Approval Process Act of 2003'."
Short Title of 2002 Amendment
Pub. L. 107–296, title XIV, §1401, Nov. 25, 2002, 116 Stat. 2300, provided that: "This title [enacting section 44921 of this title and section 513 of Title 6, Domestic Security, amending sections 44903 and 44918 of this title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as a note under section 44903 of this title] may be cited as the 'Arming Pilots Against Terrorism Act'."
Short Title of 2001 Amendment
Pub. L. 107–71, §1, Nov. 19, 2001, 115 Stat. 597, provided that: "This Act [see Tables for classification] may be cited as the 'Aviation and Transportation Security Act'."
Short Title of 2000 Amendments
Pub. L. 106–528, §1, Nov. 22, 2000, 114 Stat. 2517, provided that: "This Act [amending sections 106, 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 106, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] may be cited as the 'Airport Security Improvement Act of 2000'."
Pub. L. 106–181, §1(a), Apr. 5, 2000, 114 Stat. 61, provided that: "This Act [see Tables for classification] may be cited as the 'Wendell H. Ford Aviation Investment and Reform Act for the 21st Century'."
Short Title of 1999 Amendment
Pub. L. 106–6, §1, Mar. 31, 1999, 113 Stat. 10, provided that: "This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101, and 48103 of this title] may be cited as the 'Interim Federal Aviation Administration Authorization Act'."
Short Title of 1998 Amendment
Pub. L. 105–155, §1, Feb. 11, 1998, 112 Stat. 5, provided that: "This Act [amending section 48102 of this title and enacting provisions set out as a note under section 48102 of this title] may be cited as the 'FAA Research, Engineering, and Development Authorization Act of 1998'."
Short Title of 1997 Amendment
Pub. L. 105–137, §1, Dec. 2, 1997, 111 Stat. 2640, provided that: "This Act [amending sections 40102, 44302, 44305, 44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title] may be cited as the 'Aviation Insurance Reauthorization Act of 1997'."
Short Title of 1996 Amendment
Pub. L. 104–264, §1(a), Oct. 9, 1996, 110 Stat. 3213, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Aviation Reauthorization Act of 1996'."
Pub. L. 104–264, title II, §201, Oct. 9, 1996, 110 Stat. 3227, provided that: "This title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the 'Air Traffic Management System Performance Improvement Act of 1996'."
Pub. L. 104–264, title II, §278(a), Oct. 9, 1996, 110 Stat. 3249, provided that: "This section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of this title] may be cited as the 'Rural Air Service Survival Act'."
Pub. L. 104–264, title V, §501, Oct. 9, 1996, 110 Stat. 3259, provided that: "This title [amending sections 30305, 44936, and 46301 of this title and enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the 'Pilot Records Improvement Act of 1996'."
Pub. L. 104–264, title VI, §601, Oct. 9, 1996, 110 Stat. 3263, provided that: "This title [enacting section 44724 of this title] may be cited as the 'Child Pilot Safety Act'."
Pub. L. 104–264, title VII, §701, Oct. 9, 1996, 110 Stat. 3264, provided that: "This title [enacting sections 1136 and 41113 of this title and provisions set out as notes under section 41113 of this title] may be cited as the 'Aviation Disaster Family Assistance Act of 1996'."
Pub. L. 104–264, title VIII, §801, Oct. 9, 1996, 110 Stat. 3269, provided that: "This title [enacting section 47133 of this title, amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title] may be cited as the 'Airport Revenue Protection Act of 1996'."
Pub. L. 104–264, title XI, §1101, Oct. 9, 1996, 110 Stat. 3278, provided that: "This title [amending sections 44501, 44508, and 48102 of this title] may be cited as the 'FAA Research, Engineering, and Development Management Reform Act of 1996'."
Short Title of 1994 Amendment
Pub. L. 103–305, §1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: "This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code, renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348 of former Title 49, Transportation] may be cited as the 'Federal Aviation Administration Authorization Act of 1994'."
Pub. L. 103–305, title III, §301, Aug. 23, 1994, 108 Stat. 1589, provided that: "This title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the 'Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994'."
Future of NextGen
Pub. L. 118–63, title II, §206(a)–(f), May 16, 2024, 138 Stat. 1044, 1045, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Safety and Efficiency Through Digitization of FAA Systems
Pub. L. 118–63, title II, §220, May 16, 2024, 138 Stat. 1057, provided that:
"(a)
"(1) identify, at the discretion of the Administrator, not less than 3 processes of the FAA [Federal Aviation Administration] that result in a certification and require paper-based information exchange between external entities and the FAA or offices within the FAA (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and
"(2) initiate the digitization of such processes.
"(b)
"(1) an applicant to track the application of such applicant throughout the period of submission and review of such application; and
"(2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.
"(c)
"(d)
Review and Updates of Categorical Exclusions
Pub. L. 118–63, title II, §230, May 16, 2024, 138 Stat. 1064, provided that:
"(a)
"(b)
"(1) review the categorical exclusions applied by other operating administrations identified in subsection (a); and
"(2) take such action as may be necessary to adopt, as relevant and appropriate, new categorical exclusions that meet the requirements of section 1508.4 of title 40, Code of Federal Regulations, from among categorical exclusions reviewed by the Secretary in paragraph (1) for use by the FAA."
Review of FAA Use of Aviation Safety Data
Pub. L. 118–63, title III, §315, May 16, 2024, 138 Stat. 1077, provided that:
"(a)
"(b)
"(1) seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;
"(2) consult with the National Transportation Safety Board and the Transportation Research Board; and
"(3) consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation.
"(c)
"(1) compile a list of internal and external sources, databases, and streams of information the FAA receives or has access to that provide the FAA with operational or safety information and data about the national airspace system, its users, and other regulated entities of the FAA;
"(2) review data sets to determine completeness and accuracy of relevant information;
"(3) identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;
"(4) assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;
"(5) review data and information for proper storage, identification controls, and data privacy—
"(A) as required by law; and
"(B) consistent with best practices for data collection, storage, and use;
"(6) review the format of such data and identify methods to improve the usefulness of such data;
"(7) assess internal and external access to data for—
"(A) appropriateness based on data type and level of detail;
"(B) proper data access protocols and precautions; and
"(C) maximizing availability of safety-related data that could support the improvement of safety management systems of and trend identification by regulated entities and the FAA;
"(8) examine the collation and dissemination of data within offices and between offices of the FAA;
"(9) review and recommend improvements to the data analysis techniques of the FAA; and
"(10) recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA.
"(d)
"(e)
"(f)
"(1) improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices;
"(2) improve data storage best practices;
"(3) develop or refine methods for collating data from multiple FAA and industry sources; and
"(4) procure or use available analytics tools to draw conclusions and identify previously unrecognized trends or miscategorized risks in the aviation system, particularly when identification of such information requires the analysis of multiple sets of data from multiple sources.
"(g)
"(h)
"(i)
"(j)
"(k)
Restricted Category Aircraft Maintenance and Operations
Pub. L. 118–63, title III, §328, May 16, 2024, 138 Stat. 1086, provided that: "Notwithstanding any other provision of law, the Administrator [of the Federal Aviation Administration] shall have sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft owned by civilian operators and type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations."
NextGen Programs
Pub. L. 118–63, title VI, §619, May 16, 2024, 138 Stat. 1231, provided that:
"(a)
"(b)
"(1) Performance-based navigation.
"(2) Data communications.
"(3) Terminal flight data manager.
"(4) Aeronautical information management.
"(5) Other activities as recommended by the NextGen Advisory Committee and determined by the Administrator to be appropriate.
"(c)
"(1)
"(2)
"(A) Trajectory-based operations.
"(B) Optimized profile descents.
"(C) Multiple airport route separation.
"(D) Established on required navigation performance.
"(E) Converging runway display aids.
"(3)
"(4)
"(d)
"(1)
"(2)
"(A) Ground-to-ground message exchange for surface aircraft operations and runway safety at airports.
"(B) Automated message generation and receipt.
"(C) Message routing and transmission.
"(D) Direct communications with aircraft avionics.
"(E) Implementation of data communications at all Air Route Traffic Control Centers.
"(F) The Future Air Navigation System.
"(e)
"(1)
"(2)
"(3)
"(4)
"(f)
"(1)
"(2)
"(A) improve the distribution of critical safety information to pilots, air traffic control, and other relevant aviation stakeholders;
"(B) fully develop and implement the Enterprise Information Display System; and
"(C) notwithstanding a centralized aeronautical information management system, restructure the back-up systems of aeronautical information management systems to be independent and self-sufficient from one another.
"(g)
"(1)
"(2)
"(A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage of commercial and regional aircraft with certain NextGen avionics;
"(B) identify any remaining barriers for operators of commercial and regional aircraft to properly equip such aircraft with certain NextGen avionics, including any methods to address such barriers;
"(C) provide for the use of the best methods to highlight and enhance to operators of commercial and regional aircraft the benefits of equipping such aircraft with certain NextGen avionics; and
"(D) include in such plan any equipage guidelines and regulations the Administrator determines necessary and appropriate.
"(3)
"(A) trade associations representing air carriers;
"(B) trade associations representing avionics manufacturers;
"(C) certified labor organizations representing air traffic controllers; and
"(D) any other representatives the Administrator determines appropriate.
"(4)
"(5)
"(6)
"(h)
"(1)
"(2)
"(A) An explanation as to why the Administrator will not or did not meet the deadline described in such paragraph.
"(B) A description of the actions the Administrator plans to take to meet the deadline described in such paragraph.
"(C) Actions Congress can take to assist the Administrator in meeting the deadline described in such paragraph.
"(3)
"(i)
"(1)
"(2)
"(A) air traffic throughput of the national airspace system;
"(B) daily operational performance, including delays and cancellations; and
"(C) the potential need for performance-based operational metrics related to the NextGen program and subsequent air traffic modernization programs and efforts."
Community Collaboration Program
Pub. L. 118–63, title VII, §793, May 16, 2024, 138 Stat. 1317, provided that:
"(a)
"(b)
"(1)
"(A) airport planning and development;
"(B) noise and environmental policy;
"(C) NextGen [Next Generation Air Transportation System] implementation;
"(D) air traffic route changes;
"(E) integration of new and emerging entrants; and
"(F) other topics with respect to which community engagement is critical to program success.
"(2)
"(A) updating the internal guidance of the FAA for community engagement based on—
"(i) best practices of other Federal agencies and external organizations with expertise in community engagement;
"(ii) interviews with impacted residents; and
"(iii) recommendations solicited from individuals and local government officials in communities adversely impacted by aircraft noise;
"(B) coordinating with the Air Traffic Organization on community engagement efforts related to air traffic procedure changes to ensure that impacted communities are consulted in a meaningful way;
"(C) coordination with Regional Ombudsmen of the FAA;
"(D) oversight, streamlining, and increasing the responsiveness of the noise complaint process of the FAA by—
"(i) centralizing noise complaint data and improving data collection methodologies;
"(ii) ensuring such Regional Ombudsmen are consulted in local air traffic procedure development decisions; and
"(iii) collecting feedback from such Regional Ombudsmen to inform national policymaking efforts;
"(E) timely implementation of the recommendations, as appropriate, made by the Comptroller General [of the United States] to the Secretary [of Transportation] contained in the report titled 'Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities', issued in September 2021 (GAO–21–103933) to improve the outreach of the FAA to local communities impacted by aircraft noise, including—
"(i) any recommendations to—
"(I) identify appropriate supplemental metrics for assessing noise impacts and circumstances for their use to aid in the internal assessment of the FAA of noise impacts related to proposed flight path changes;
"(II) update guidance to incorporate additional tools to more clearly convey expected impacts, such as other noise metrics and visualization tools; and
"(III) improve guidance to airports and communities on effectively engaging with the FAA; and
"(ii) any other recommendations included in the report that would assist the FAA in improving outreach to communities affected by aircraft noise;
"(F) ensuring engagement with local community groups as appropriate in conducting the other responsibilities described in this section; and
"(G) other responsibilities as considered appropriate by the Administrator.
"(c)
"(1) the implementation of each such recommendation;
"(2) how any recommended actions are assisting the Administrator in improving outreach to communities affected by aircraft noise and other community engagement concerns; and
"(3) any challenges or barriers that limit or prevent the ability of the Administrator to take such actions.
"(d)
Vehicle-to-Vehicle Link Program
Pub. L. 118–63, title VIII, §808(b), May 16, 2024, 138 Stat. 1324, provided that: "Not later than 270 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration], in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance vehicle-to-vehicle link initiatives that—
"(1) enable the real-time digital exchange of key information between nearby aircraft; and
"(2) are not reliant on ground infrastructure or air-to-ground communication links."
Drone Education and Workforce Training Grant Program
Pub. L. 118–63, title IX, §913, May 16, 2024, 138 Stat. 1350, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
[For definitions of terms used in section 913 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]
Advanced Air Mobility
Pub. L. 118–63, title IX, subtitle B, May 16, 2024, 138 Stat. 1375, provided that:
"SEC. 951. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies;
"(B) has a maximum takeoff weight of greater than 1,320 pounds; and
"(C) is not urban air mobility.
"(4)
"(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
"(B) has a maximum takeoff weight of greater than 1,320 pounds.
"(5)
"SEC. 952. SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED AIR MOBILITY.
"It is the sense of Congress that—
"(1) the United States should take actions to become a global leader in advanced air mobility;
"(2) as such a global leader, the FAA [Federal Aviation Administration] should—
"(A) prioritize work on the type certification of powered-lift aircraft;
"(B) publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled 'Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes', issued on June 14, 2023 (2120-AL72);
"(C) work with global partners to promote acceptance of advanced air mobility products; and
"(D) leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and
"(3) the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system.
"SEC. 953. APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.
"In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—
"(1) apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and
"(2) after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.
"SEC. 954. ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS.
[Amended section 2 of Pub. L. 117–203, set out below.]
"SEC. 955. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.
"(a)
"(1)
"(2)
"(A) provide a practical pathway for pilot qualification and operations;
"(B) establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft;
"(C) provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and
"(D) to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.
"(3)
"(A) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;
"(B) consult with the Secretary of Defense with regard to—
"(i) the Agility Prime program of the United States Air Force;
"(ii) powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and
"(iii) the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and
"(C) consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled 'Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors', published in 2019.
"(b)
"(1)
"(A) the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—
"(i) deemed to apply to—
"(I) the operation of a powered-lift aircraft in the national airspace system; and
"(II) the operator of such a powered-lift aircraft; and
"(ii) applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and
"(B) upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft.
"(2)
"(c)
"(1)
"(A) performance-based certification of powered-lift aircraft;
"(B) certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and
"(C) operation of powered-lift aircraft in commercial service and air transportation.
"(2)
"(A) Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations.
"(B) Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft.
"(C) To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.
"(D) The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled 'Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors', published in 2019, as appropriate.
"(E) Practical pathways for pilot qualification and operations.
"(F) Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft.
"(G) A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft.
"(3)
"(d)
"(1)
"(2)
"(A) consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft;
"(B) consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations;
"(C) consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled 'Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes', issued on June 14, 2023 (2120–AL72);
"(D) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;
"(E) work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and
"(F) consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956.
"SEC. 956. ADVANCED PROPULSION SYSTEMS REGULATIONS.
"(a)
"(1) electric engines and propellers;
"(2) hybrid electric engines and propulsion systems;
"(3) hydrogen fuel cells;
"(4) hydrogen combustion engines or propulsion systems; and
"(5) other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator.
"(b)
"(1) Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations.
"(2) Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft.
"(3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.
"(c)
"(d)
"SEC. 957. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.
"(a)
"(b)
"(1) the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and
"(2) the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate.
"(c)
"(1) continue to update air traffic orders and policies to support the operation of powered-lift aircraft;
"(2) to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports;
"(3) evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and
"(4) consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers.
"SEC. 958. INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.
"(a)
"(1) not later than December 31, 2024, publish an update to the memorandum of the FAA titled 'Engineering Brief No. 105, Vertiport Design', issued on September 21, 2022 (EB No. 105);
"(2) not later than December 31, 2025, publish a performance-based vertiport design advisory circular; and
"(3) begin the work necessary to update the advisory circular of the FAA titled 'Heliport Design' (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms.
"(b)
"(c)
"(d)
"(1) not later than 18 months after the date of enactment of this Act [May 16, 2024], ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely;
"(2) determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and
"(3) ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type.
"SEC. 959. CHARTING OF AVIATION INFRASTRUCTURE.
"The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current.
"SEC. 960. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION.
[Amended section 101 of div. Q of Pub. L. 117–328, set out below.]
"SEC. 961. CENTER FOR ADVANCED AVIATION TECHNOLOGIES.
"(a)
"(b)
"(c)
"(1) developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift;
"(2) establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies;
"(3) developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships;
"(4) identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and
"(5) any other duties, as determined appropriate by the Administrator.
"(d)
"(e)
"(1) a large commercial airport or large air logistics center;
"(2) aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift;
"(3) existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters;
"(4) airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases;
"(5) proximity to both rural and urban communities;
"(6) State, local, or Tribal governments;
"(7) programs to support public-private partnerships for advanced aviation technologies; and
"(8) academic institutions that offer programs relating to advanced aviation technologies engineering.
"(f)
"(g)
"(h)
"(1) The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49, United States Code, to the maximum extent practicable.
"(2) The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable.
"(3) The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable.
"(4) The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable."
Unmanned Aircraft Systems and Advanced Air Mobility
Pub. L. 118–63, title X, subtitle B, May 16, 2024, 138 Stat. 1406, provided that:
"SEC. 1041. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and
"(B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—
"(i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;
"(ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or
"(iii) individuals employed as agricultural laborers.
"(4)
"(5)
"(6)
"SEC. 1042. INTERAGENCY WORKING GROUP.
"(a)
"(1)
"(2)
"(b)
"(1) develop a strategic research plan to guide Federal research to enable advanced air mobility and unmanned aircraft systems and oversee implementation of the plan;
"(2) oversee the development of—
"(A) an assessment of the current state of United States competitiveness and leadership in advanced air mobility and unmanned aircraft systems, including the scope and scale of United States investments in relevant research and development; and
"(B) strategies to strengthen and secure the domestic supply chain for advanced air mobility systems and unmanned aircraft systems;
"(3) facilitate communication and outreach opportunities with academia, industry, professional societies, State, local, Tribal, and Federal governments, and other stakeholders;
"(4) facilitate partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, National Laboratories, unmanned aircraft systems test range (as defined in section 44801 of title 49, United States Code), academic institutions, and others;
"(5) coordinate with the advanced air mobility working group established under section 2 of the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below] and heads of other Federal departments and agencies to avoid duplication of research and other activities to ensure that the activities carried out by the interagency working group are complementary to those being undertaken by other interagency efforts; and
"(6) coordinate with the National Security Council and other authorized agency coordinating bodies on the assessment of risks affecting the existing Federal unmanned aircraft systems fleet and outlining potential steps to mitigate such risks.
"(c)
"(d)
"SEC. 1043. STRATEGIC RESEARCH PLAN.
"(a)
"(b)
"(1) information, reports, and studies on advanced air mobility and unmanned aircraft systems that have identified research, development, deployment, and testing needed;
"(2) information set forth in the national aviation research plan developed under section 44501(c) of title 49, United States Code; and
"(3) recommendations made by the National Academies in the review of the plan under subsection (d).
"(c)
"(1) determine and prioritize areas of advanced air mobility and unmanned aircraft systems research, development, demonstration, and testing requiring Federal Government leadership and investment;
"(2) establish, for the 10-year period beginning in the calendar year the plan is submitted, the goals and priorities for Federal research, development, and testing which will—
"(A) support the development of advanced air mobility technologies and the development of an advanced air mobility research, innovation, and manufacturing ecosystem;
"(B) take into account sustained, consistent, and coordinated support for advanced air mobility and unmanned aircraft systems research, development, and demonstration, including through grants, cooperative agreements, testbeds, and testing facilities;
"(C) apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems;
"(D) inform the development of voluntary consensus technical standards and best practices for the development and use of advanced air mobility and unmanned aircraft systems;
"(E) support education and training activities at all levels to prepare the United States workforce to use and interact with advanced air mobility systems and unmanned aircraft systems;
"(F) support partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, the National Laboratories, Center of Excellence for Unmanned Aircraft Systems Research of the FAA [Federal Aviation Administration], unmanned aircraft systems test ranges (as defined in section 44801 of title 49, United States Code), academic institutions, labor organizations, and others to advance research activities;
"(G) leverage existing Federal investments; and
"(H) promote hardware interoperability and open-source systems;
"(3) support research and other activities on the impacts of advanced air mobility and unmanned aircraft systems on national security, safety, economic, legal, workforce, and other appropriate societal issues;
"(4) reduce barriers to transferring research findings, capabilities, and new technologies related to advanced air mobility and unmanned aircraft systems into operation for the benefit of society and United States competitiveness;
"(5) in consultation with the Council of Economic Advisers, measure and track the contributions of unmanned aircraft systems and advanced air mobility to United States economic growth and other societal indicators; and
"(6) identify relevant research and development programs and make recommendations for the coordination of relevant activities of the Federal agencies and set forth the role of each Federal agency in implementing the plan.
"(d)
"(e)
"(f)
"(1)
"(2)
"(3)
"SEC. 1044. FEDERAL AVIATION ADMINISTRATION UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY RESEARCH AND DEVELOPMENT.
"(a)
"(1) beyond visual-line-of-sight operations;
"(2) command and control link technologies;
"(3) development and integration of unmanned aircraft system traffic management into the national airspace system;
"(4) noise and other societal and environmental impacts;
"(5) informing the development of an industry consensus vehicle-to-vehicle standard;
"(6) safety, including collisions between advanced air mobility and unmanned aircraft systems of various sizes, traveling at various speeds, and various other crewed aircraft or various parts of other crewed aircraft of various sizes and traveling at various speeds; and
"(7) detect-and-avoid capabilities.
"(b)
"(c)
"(d)
"(1) defining quantitative metrics, including metrics that may support the Administrator in making determinations, and research to inform the development of requirements, as practicable, for the operations of certain unmanned aircraft systems, as described under section 44807 of title 49, United States Code;
"(2) developing risk-based processes and criteria to inform the development of regulations and certification of complex operations, to include autonomous beyond-visual-line-of-sight operations, of unmanned aircraft systems of various sizes and weights, and advanced air mobility systems; and
"(3) considering the utility of performance standards to make determinations under section 44807 of title 49, United States Code.
"(e)
"(1) a summary of the costs and results of research under subsection (a)(6);
"(2) a description of plans for and progress toward the implementation of research and development under subsection (d);
"(3) a description of the progress of the FAA in using research and development to inform FAA certification guidance and regulations of—
"(A) large unmanned aircraft systems, including those weighing more than 55 pounds; and
"(B) extended autonomous and remotely piloted operations beyond visual line of sight in controlled and uncontrolled airspace; and
"(4) a current plan for full operational capability of unmanned aircraft systems traffic management, as described in section 376 the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 44802 note).
"(f)
"(1)
"(2)
"(3)
"SEC. 1045. PARTNERSHIPS FOR RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TESTING.
"(a)
"(b)
"(1) identify existing FAA partnerships with external entities, including academia and Centers of Excellence, industry, and nonprofit organizations, and the types of such partnership arrangements;
"(2) examine the partnerships in paragraph (1), including the scope and areas of research, development, demonstration, and testing carried out, and associated arrangements for performing research and development activities;
"(3) review the extent to which the FAA uses the results and outcomes of each partnership to advance the research and development in unmanned aircraft systems;
"(4) identify additional research and development areas, if any, that may benefit from partnership arrangements, and whether such research and development would require new partnerships;
"(5) identify any duplication of ongoing or planned research, development, demonstration, or testing activities;
"(6) identify effective and appropriate means for publication and dissemination of the results and sharing with the public, commercial, and research communities related data from such research, development, demonstration, and testing conducted under such partnerships;
"(7) identify effective mechanisms, either new or already existing, to facilitate coordination, evaluation, and information-sharing among and between such partnerships;
"(8) identify effective and appropriate means for facilitating technology transfer activities within such partnerships;
"(9) identify the extent to which such partnerships broaden participation from groups historically underrepresented in science, technology, engineering, and mathematics, including computer science and cybersecurity, and include participation by industry, workforce, and labor organizations; and
"(10) review options for funding models best suited for such partnerships, which may include cost-sharing and public-private partnership models with industry.
"(c)
Acceptance of Digital Driver's License and Identification Cards
Pub. L. 118–63, title XI, §1103, May 16, 2024, 138 Stat. 1415, provided that: "The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to accept, in any instance where an individual is required to submit government-issued identification to the Administrator, a digital or mobile driver's license or identification card issued to such individual by a State."
Wing-In-Ground-Effect Craft
Pub. L. 118–63, title XI, §1114, May 16, 2024, 138 Stat. 1420, provided that:
"(a)
"(1)
"(A) only capable of operating either in water or in ground effect over water; and
"(B) operated exclusively over waters subject to the jurisdiction of the United States.
"(2)
"(A) cover, at a minimum, the processes of the FAA and the Coast Guard will follow to promote communications, efficiency, and nonduplication of effort in carrying out such memorandum of understanding; and
"(B) provide procedures for, at a minimum—
"(i) the approval of wing-in-ground-effect craft designs;
"(ii) the operation of wing-in-ground-effect craft, including training and certification of persons responsible for operating such craft;
"(iii) pilotage of wing-in-ground-effect craft;
"(iv) the inspection, including pre-delivery and service, of wing-in-ground-effect craft; and
"(v) the maintenance of wing-in-ground-effect craft.
"(b)
"(c)
Advanced Air Mobility Infrastructure Pilot Program
Pub. L. 117–328, div. Q, §101, Dec. 29, 2022, 136 Stat. 5246, as amended by Pub. L. 118–63, title IX, §960, May 16, 2024, 138 Stat. 1383, provided that:
"(a)
"(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 locations for operations, including estimates for initial operations and future growth.
"(iv) The identification of physical and digital infrastructure required to meet any standards and guidance for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software.
"(v) A description of any hazard associated with planned or potential urban air mobility and regional air mobility operations, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning.
"(vi) A description of potential environmental effects of planned or potential construction or siting of vertiports, including efforts to reduce potential aviation noise.
"(vii) A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including—
"(I) connectivity to existing public transportation hubs and intermodal and multimodal facilities for AAM operations;
"(II) opportunities to create new service to rural areas and areas underserved by air transportation; or
"(III) any potential conflict with existing aviation infrastructure that may arise from the planned or potential location of the vertiport.
"(viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents.
"(ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access.
"(x) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport or the modification of aviation infrastructure.
"(xi) The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity's planned or potential vertiport location.
"(xii) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs.
"(3)
"(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;
"(ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities; and
"(iii) a description of—
"(I) initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations;
"(II) how eligible entities are planning for and encouraging early adoption of urban air mobility and regional air mobility operations;
"(III) what role each level of government plays in the process; and
"(IV) whether such entities recommend specific regulatory or guidance actions be taken by the Secretary or any other head of a Federal agency in order to support such early adoption.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) for grants awarded prior to September 30, 2026; 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)
"(f)
National Aviation Preparedness Plan
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)
Advanced Air Mobility Working Group
Pub. L. 117–203, §2, Oct. 17, 2022, 136 Stat. 2227, as amended by Pub. L. 118–63, title IX, §954, May 16, 2024, 138 Stat. 1376, provided that:
"(a)
"(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) operators of airports, heliports, and vertiports, and fixed-base operators;
"(E) certified labor representatives for pilots associations, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, and aviation safety inspectors;
"(F) State, local, and Tribal officials or public agencies, with representation from both urban and rural areas;
"(G) first responders;
"(H) groups representing environmental interests;
"(I) electric utilities, energy providers and energy market operators;
"(J) academia with experience working with industry on new technology and commercialization;
"(K) groups representing the telecommunications industry; and
"(L) aviation training and maintenance providers.
"(2)
"(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 or that may impede such maturation;
"(4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation;
"(5) steps needed to ensure a robust and secure domestic supply chain;
"(6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits;
"(7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations;
"(8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations; and
"(9) processes and programs that can be leveraged to improve the efficiency of Federal reviews required for infrastructure development, including for electrical capacity projects.
"(f)
"(1) recommendations regarding the safety, operations, security, infrastructure, air traffic concepts, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit;
"(2) recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and
"(3) a comprehensive plan detailing the roles and responsibilities of each Federal department and agency, and of State, local, and Tribal governments, necessary to facilitate or implement the recommendations developed under paragraphs (1) and (2).
"(g)
"(1) detailing findings from the review and examination performed under subsection (e);
"(2) summarizing any dissenting views and opinions of a participant of the working group described in subsection (c)(3); and
"(3) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f).
"(h)
"(1)
"(2)
"(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)
"(A) has advanced technologies, such as distributed propulsion, vertical take-off and landing, powered-lift, non-traditional power systems, or autonomous technologies;
"(B) has a maximum takeoff weight of greater than 1,320 pounds; and
"(C) is not urban air mobility.
"(7)
"(8)
"(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
"(B) has a maximum takeoff weight of greater than 1,320 pounds.
"(9)
"(10)
Samya Rose Stumo National Air Grant Fellowship Program
Pub. L. 116–260, div. V, title I, §131, Dec. 27, 2020, 134 Stat. 2350, as amended by Pub. L. 117–328, div. Q, §102(b)(1), Dec. 29, 2022, 136 Stat. 5250; Pub. L. 118–63, title III, §306(h), May 16, 2024, 138 Stat. 1072, provided that:
"(a)
"(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."
Emerging Safety Trends in Aviation
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.]
FAA Leadership on Civil Supersonic Aircraft
Pub. L. 115–254, div. B, title I, §181, Oct. 5, 2018, 132 Stat. 3230, as amended by Pub. L. 118–63, title XI, §1110, May 16, 2024, 138 Stat. 1418, provided that:
"(a)
"(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)
"(g)
"(1)
"(A) the progress of the actions described in subsection (d)(1);
"(B) any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including such actions identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and
"(C) any other information determined appropriate by the Administrator.
"(2)
Aircraft Air Quality
Pub. L. 118–63, title III, §362, May 16, 2024, 138 Stat. 1123, provided that:
"(a)
"(1) The completed study required under subsection (c) of such section.
"(2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required under subsection (d) of such section.
"(b)
"(1)
"(2)
"(A) Identification of the flight number, type, and registration of the aircraft.
"(B) The date of the reported fume or smoke event onboard the aircraft.
"(C) Description of fumes or smoke in the aircraft, including the nature, intensity, and visual consistency or smell (if any).
"(D) The location of the fumes or smoke in the aircraft.
"(E) The source (if discernible) of the fumes or smoke in the aircraft.
"(F) The phase of flight during which fumes or smoke first became present.
"(G) The duration of the fume or smoke event.
"(H) Any required onboard medical attention for passengers or crew members.
"(I) Any additional factors as determined appropriate by the Administrator or crew member submitting a report.
"(3)
"(4)
"(5)
"(A) may not publicly publish any—
"(i) information specific to a fume or smoke event that is submitted pursuant to this section; and
"(ii) any [sic] information that may be used to identify the party submitting such information;
"(B) may only publicly publish information submitted pursuant to this section that has been aggregated if—
"(i) such information has been validated; and
"(ii) the availability of such information would improve aviation safety;
"(C) shall maintain a database of such information;
"(D) at the request of an air carrier, shall provide to such air carrier any information submitted pursuant to this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information;
"(E) may not, without validation, assume that information submitted pursuant to this section is accurate for the purposes of initiating rulemaking or taking an enforcement action;
"(F) may use information submitted pursuant to this section to inform the oversight of the safety management system of an air carrier; and
"(G) may use information submitted pursuant to this section for the purpose of performing a study or supporting a study sponsored by the Administrator.
"(c)
"(1)
"(2)
"(A) the report issued pursuant to section 326 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note) and any identified assumptions or gaps described in such report;
"(B) the information collected through the system established pursuant to subsection (b);
"(C) any health risks or impacts of fume or smoke events on flight crews, including flight attendants and pilots, and passengers onboard aircraft operating under part 121 of title 14, Code of Federal Regulations;
"(D) instances of persistent or regularly occurring (as determined by the National Academies) fume or smoke events in such aircraft;
"(E) instances of accidental, unexpected, or irregularly occurring (as determined by the National Academies) fume or smoke events on such aircraft, including whether such accidental events are more frequent during various phases of operations, including ground operations, taxiing, take off, cruise, and landing;
"(F) the air contaminants present during the instances described in subparagraphs (D) and (E) and the probable originating materials of such air contaminants;
"(G) the frequencies, durations, and likely causes of the instances described in subparagraphs (D) and (E); and
"(H) any additional data on fume or smoke events, as determined appropriate by the National Academies.
"(3)
"(A) that, at minimum, address how to—
"(i) improve overall cabin air quality of passenger-carrying aircraft;
"(ii) improve the detection, accuracy, and reporting of fume or smoke events; and
"(iii) reduce the frequency and impact of fume or smoke events; and
"(B) to establish or update standards, guidelines, or regulations that could help achieve the recommendations described in subparagraph (A).
"(4)
"(d)
"(1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving fume or smoke events.
"(2) Required actions and procedures for air carriers to take after receiving a report of an incident involving a fume or smoke event in which at least 1 passenger or crew member required medical attention as a result of such incident.
"(3) Installation onboard aircraft of detectors and other air quality monitoring equipment.
"(e)
["Appropriate committees of Congress", as used in section 362 of Pub. L. 118–63, set out above, defined as the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives, see section 2 of Pub. L. 118–63, set out as a note below. Section 2 of Pub. L. 118–63 does not define the term "appropriate Congressional committees".]
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)
Performance-Based Standards
Pub. L. 115–254, div. B, title III, §329, Oct. 5, 2018, 132 Stat. 3272, provided that: "The Administrator [of the Federal Aviation Administration] shall, to the maximum extent possible and consistent with Federal law, and based on input by the public, ensure that regulations, guidance, and policies issued by the FAA on and after the date of enactment of this Act [Oct. 5, 2018] are issued in the form of performance-based standards, providing an equal or higher level of safety."
Return on Investment Report
Pub. L. 115–254, div. B, title V, §503(a)–(d), Oct. 5, 2018, 132 Stat. 3352, 3353, provided that:
"(a)
"(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)
Human Factors
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)
Programmatic Risk Management
Pub. L. 115–254, div. B, title V, §508, Oct. 5, 2018, 132 Stat. 3355, provided that: "To better inform the [Federal Aviation] Administration's decisions regarding the prioritization of efforts and allocation of resources for NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall—
"(1) solicit input from specialists in probability and statistics to identify and prioritize the programmatic and implementation risks to NextGen; and
"(2) develop a method to manage and mitigate the risks identified in paragraph (1)."
Part 91 Review, Reform, and Streamlining
Pub. L. 115–254, div. B, title V, §513, Oct. 5, 2018, 132 Stat. 3357, provided that:
"(a)
"(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)
Pilots Sharing Flight Expenses With Passengers
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."
Geosynthetic Materials
Pub. L. 115–254, div. B, title V, §525, Oct. 5, 2018, 132 Stat. 3364, provided that: "The Administrator [of the Federal Aviation Administration], to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Aviation Administration."
Treatment of Multiyear Lessees of Large and Turbine-Powered Multiengine Aircraft
Pub. L. 115–254, div. B, title V, §550, Oct. 5, 2018, 132 Stat. 3378, provided that: "The Secretary of Transportation shall revise such regulations as may be necessary to ensure that multiyear lessees and owners of large and turbine-powered multiengine aircraft are treated equally for purposes of joint ownership policies of the FAA."
Enhanced Surveillance Capability
Pub. L. 115–254, div. B, title V, §562, Oct. 5, 2018, 132 Stat. 3384, provided that: "Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall identify and implement a strategy to—
"(1) advance near-term and long-term uses of enhanced surveillance systems, such as space-based ADS–B [automatic dependent surveillance-broadcast], within United States airspace or international airspace delegated to the United States;
"(2) exercise leadership on setting global standards for the separation of aircraft in oceanic airspace by working with—
"(A) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;
"(B) other international organizations and fora; and
"(C) the private sector; and
"(3) ensure the participation of the [Federal Aviation] Administration in the analysis of trials of enhanced surveillance systems, such as space-based ADS–B, performed by foreign air navigation service providers in North Atlantic airspace."
Aviation Workforce Development Programs
Pub. L. 115–254, div. B, title VI, §625, Oct. 5, 2018, 132 Stat. 3405, as amended by Pub. L. 116–92, div. A, title XVII, §1743(a), Dec. 20, 2019, 133 Stat. 1842; Pub. L. 118–63, title IV, §440(a), May 16, 2024, 138 Stat. 1179, which provided for grants for projects to support the education and recruitment of future aircraft pilots and aviation maintenance and manufacturing technical workers, was transferred and is set out as a note under section 40132 of this title.
Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training
Pub. L. 115–254, div. B, title VI, §631, Oct. 5, 2018, 132 Stat. 3407, provided that:
"(a)
"(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)
Collegiate Training Initiative Program for Unmanned Aircraft Systems
Pub. L. 115–254, div. B, title VI, §632, Oct. 5, 2018, 132 Stat. 3408, provided that:
"(a)
"(b)
Cyber Testbed
Pub. L. 115–254, div. B, title VII, §731, Oct. 5, 2018, 132 Stat. 3411, provided that: "Not later than 6 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall develop an integrated Cyber Testbed for research, development, evaluation, and validation of air traffic control modernization technologies, before they enter the national airspace system, as being compliant with FAA data security regulations. The Cyber Testbed shall be part of an integrated research and development test environment capable of creating, identifying, defending, and solving cybersecurity-related problems for the national airspace system. This integrated test environment shall incorporate integrated test capacities within the FAA related to the national airspace system and NextGen."
Mitigation of Operational Risks Posed to Certain Military Aircraft by Automatic Dependent Surveillance-Broadcast Equipment
Pub. L. 115–232, div. A, title X, §1046, Aug. 13, 2018, 132 Stat. 1959, provided that:
"(a)
"(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."
Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems
Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Unmanned Aircraft Joint Training and Usage Plan
Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Interagency Collaboration
Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Prohibition on Participation in European Union's Emissions Trading Scheme
Pub. L. 112–200, Nov. 27, 2012, 126 Stat. 1477, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'European Union Emissions Trading Scheme Prohibition Act of 2011'.
"SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION'S EMISSIONS TRADING SCHEME.
"(a)
"(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.
"SEC. 3. NEGOTIATIONS.
"(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)
"SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES.
"In this Act, the term 'civil aircraft of the United States' has the meaning given the term under section 40102(a) of title 49, United States Code."
NextGen Air Transportation System and Air Traffic Control Modernization
Pub. L. 112–95, title II, §§201, 202, 211–222, Feb. 14, 2012, 126 Stat. 36, 44–54, as amended by Pub. L. 114–328, div. A, title III, §341(b), Dec. 23, 2016, 130 Stat. 2081; Pub. L. 115–254, div. B, title V, §§503(e), 522(a), Oct. 5, 2018, 132 Stat. 3353, 3363, provided that:
"SEC. 201. DEFINITIONS.
"In this title [amending sections 106, 40102, 40110, and 40113 of this title, enacting provisions set out as notes under this section and sections 106 and 44506 of this title, and amending provisions set out as notes under this section], the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"[SEC. 202. Repealed. Pub. L. 115–254, div. B, title V, §503(e), Oct. 5, 2018, 132 Stat. 3353.]
"SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.
"(a)
"(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.
"SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
"(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)
"SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
"(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)
"SEC. 214. PERFORMANCE METRICS.
"(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).
"SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.
"(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)
"SEC. 216. SURFACE SYSTEMS ACCELERATION.
"(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.
"SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.
"(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)
"SEC. 218. AIRSPACE REDESIGN.
"(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)
"SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS.
"(a)
"(b)
"(c)
"SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
"(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.
"SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.
"(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)
"SEC. 222. OPERATIONAL INCENTIVES.
"(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."]
Contingency Planning
Pub. L. 112–95, title II, §208(d), Feb. 14, 2012, 126 Stat. 43, provided that: "The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism."
Reports on Status of Greener Skies Project
Pub. L. 112–95, title II, §225, Feb. 14, 2012, 126 Stat. 55, provided that:
"(a)
"(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.]
Unmanned Aircraft Systems
Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Clarification of Requirements for Volunteer Pilots Operating Charitable Medical Flights
Pub. L. 118–63, title VIII, §830, May 16, 2024, 138 Stat. 1337, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(A) being considered—
"(i) an air carrier (as such term is defined in section 40102 of title 49, United States Code); or
"(ii) a commercial operator (as such term is defined in section 1.1 of title 14, Code of Federal Regulations); or
"(B) constituting common carriage.
"(2)
"(c)
"(1) accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
"(2) is otherwise substantially similar to the previously issued exemption.
"(d)
"(1) affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or
"(2) impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—
"(A) is not reimbursed the fuel costs and airport fees attributed to a flight operation to provide charitable flights; or
"(B) pays a pro rata share of expenses as described in section 61.113(c) of title 14, Code of Federal Regulations.
"(e)
"(1)
"(A) acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
"(B) holds a private pilot certificate, commercial pilot certificate, or an airline transportation pilot certificate issued under part 61 of title 14, Code of Federal Regulations.
"(2)
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."
Interagency Research on Aviation and the Environment
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."
Unmanned Aerial Systems and National Airspace
Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Findings
Pub. L. 110–113, §2, Nov. 8, 2007, 121 Stat. 1039, provided that: "Congress finds the following:
"(1) The September 11th Victims Compensation Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001.
"(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure [28 U.S.C. App.] effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.
"(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York."
Revitalization of Aviation and Aeronautics
Pub. L. 108–176, §4, Dec. 12, 2003, 117 Stat. 2493, provided that: "Congress finds the following:
"(1) The United States has revolutionized the way people travel, developing new technologies and aircraft to move people more efficiently and more safely.
"(2) Past Federal investment in aeronautics research and development has benefited the economy and national security of the United States and the quality of life of its citizens.
"(3) The total impact of civil aviation on the United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national product and 11,000,000 jobs in the national workforce. Civil aviation products and services generate a significant surplus for United States trade accounts, and amount to significant numbers of the Nation's highly skilled, technologically qualified work force.
"(4) Aerospace technologies, products, and services underpin the advanced capabilities of our men and women in uniform and those charged with homeland security.
"(5) Future growth in civil aviation increasingly will be constrained by concerns related to aviation system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption.
"(6) Revitalization and coordination of the United States efforts to maintain its leadership in aviation and aeronautics are critical and must begin now.
"(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States and found that—
"(A) aerospace will be at the core of the Nation's leadership and strength throughout the 21st century;
"(B) aerospace will play an integral role in the Nation's economy, security, and mobility; and
"(C) global leadership in aerospace is a national imperative.
"(8) Despite the downturn in the global economy, projections of the Federal Aviation Administration indicate that upwards of 1,000,000,000 people will fly annually by 2013. Efforts must begin now to prepare for future growth in the number of airline passengers.
"(9) The United States must increase its investment in research and development to revitalize the aviation and aerospace industries, to create jobs, and to provide educational assistance and training to prepare workers in those industries for the future."
Report on Long-Term Environmental Improvements
Pub. L. 108–176, title III, §321, Dec. 12, 2003, 117 Stat. 2540, provided that:
"(a)
"(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)
Reduction of Noise and Emissions From Civilian Aircraft
Pub. L. 108–176, title III, §326, Dec. 12, 2003, 117 Stat. 2542, provided that:
"(a)
"(b)
Air Transportation System Joint Planning and Development Office
Pub. L. 108–176, title VII, §709, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title II, §208(a)–(c), Feb. 14, 2012, 126 Stat. 40–43; Pub. L. 115–254, div. B, title V, §545(b)(1), Oct. 5, 2018, 132 Stat. 3376, provided that:
"(a)
"(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)
Next Generation Air Transportation Senior Policy Committee
Pub. L. 108–176, title VII, §710, Dec. 12, 2003, 117 Stat. 2584, as amended by Pub. L. 112–95, title II, §209, Feb. 14, 2012, 126 Stat. 43, which established a senior policy committee to work with the Next Generation Air Transportation System Joint Planning and Development Office, was repealed by Pub. L. 118–63, title II, §218(i), May 16, 2024, 138 Stat. 1056. The Committee was to terminate on the date of initial appointment of the members of the advisory committee established under section 439 of Pub. L. 115–254, see section 439(h) of Pub. L. 115–254, set out as a note under section 41705 of this title.
Reimbursement for Losses Incurred by General Aviation Entities
Pub. L. 108–176, title VIII, §817, Dec. 12, 2003, 117 Stat. 2592, provided that:
"(a)
"(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)
GAO Report on Airlines' Actions To Improve Finances and on Executive Compensation
Pub. L. 108–176, title VIII, §826, Dec. 12, 2003, 117 Stat. 2596, provided that:
"(a)
"(b) GAO
"(c) GAO
"(d)
Mail and Freight Waivers
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)
Air Carriers Required To Honor Tickets for Suspended Service
Pub. L. 107–71, title I, §145, Nov. 19, 2001, 115 Stat. 645, as amended by Pub. L. 108–7, div. I, title III, §372, Feb. 20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, §428, Dec. 12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, §8404, Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title I, §178, Nov. 30, 2005, 119 Stat. 2427, required each air carrier providing scheduled air transportation on a route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspended, interrupted, or discontinued air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier occurring on or before Nov. 30, 2006.
Relationship of Eligible Crime Victim Compensation Programs to September 11th Victim Compensation Fund
Pub. L. 107–56, title VI, §622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: "With respect to any compensation payable under title IV of Public Law 107–42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) [now 34 U.S.C. 20102] shall not render that program ineligible for future grants under the Victims of Crime Act of 1984 [34 U.S.C. 20101 et seq.]."
Air Transportation Safety and System Stabilization
Pub. L. 112–10, div. B, title III, §1347, Apr. 15, 2011, 125 Stat. 124, as amended by Pub. L. 114–113, div. O, title IV, §402(h), Dec. 18, 2015, 129 Stat. 3007, provided that: "Notwithstanding any other provision of law, in fiscal year 2012 and thereafter payments for costs described in subsection (a) of section 404 of Public Law 107–42, as amended [set out below], shall be considered to be, and included in, payments for compensation for the purposes of sections 406(b) and (d)(1) and (2) of such Act. Costs for payments for compensation for claims in Group A, as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the Victims Compensation Fund established under section 410 of such Act."
Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L. 107–71, title I, §124(a), (c), (d), title II, §201, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–134, title I, §114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title VIII, §890, title XII, §1201(2), Nov. 25, 2002, 116 Stat. 2251, 2286; Pub. L. 110–113, §3, Nov. 8, 2007, 121 Stat. 1039; Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974; Pub. L. 111–347, title II, Jan. 2, 2011, 124 Stat. 3659; Pub. L. 114–113, div. O, title IV, §402(a)–(g), Dec. 18, 2015, 129 Stat. 3000–3006; Pub. L. 115–123, div. C, title II, §30203(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 116–34, §§2, 3, July 29, 2019, 133 Stat. 1040, 1042, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Air Transportation Safety and System Stabilization Act'.
Independent Study of FAA Costs and Allocations
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)
Operations of Air Taxi Industry
Pub. L. 106–181, title VII, §735, Apr. 5, 2000, 114 Stat. 171, provided that:
"(a)
"(b)
"(c)
Findings
Pub. L. 104–264, title II, §271, Oct. 9, 1996, 110 Stat. 3238, provided that: "Congress finds the following:
"(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety.
"(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts.
"(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than 193 maintenance schools.
"(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot.
"(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the qualifications of pilots and nonpilots.
"(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the United States are also reviewed by the Administration.
"(7) The Administration each year performs more than 355,000 inspections.
"(8) The Administration issues more than 655,000 pilot's licenses and more than 560,000 nonpilot's licenses (including mechanics).
"(9) The Administration's certification means that the product meets world-wide recognized standards of safety and reliability.
"(10) The Administration's certification means aviation-related equipment and services meet world-wide recognized standards.
"(11) The Administration's certification is recognized by governments and businesses throughout the world and as such may be a valuable element for any company desiring to sell aviation-related products throughout the world.
"(12) The Administration's certification may constitute a valuable license, franchise, privilege or benefits for the holders.
"(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system. The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer.
"(14) The Administration provides extensive services to public use aircraft."
Purposes
Pub. L. 104–264, title II, §272, Oct. 9, 1996, 110 Stat. 3239, provided that: "The purposes of this subtitle [subtitle C (§§271–278) of title II of Pub. L. 104–264, enacting sections 45301, 45303, 48111, and 48201 of this title, amending section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and section 41742 of this title] are—
"(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future growth in the national aviation and airport system;
"(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
"(3) to ensure that any funding will be dedicated solely for the use of the Administration;
"(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national aviation system and the services provided by the Administration;
"(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives;
"(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the Administration and the aviation system; and
"(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry."
Independent Assessment of FAA Financial Requirements; Establishment of National Civil Aviation Review Commission
Pub. L. 104–264, title II, §274, Oct. 9, 1996, 110 Stat. 3240, as amended by Pub. L. 106–181, title III, §307(c)(3), Apr. 5, 2000, 114 Stat. 126; Pub. L. 117–286, §4(a)(311), Dec. 27, 2022, 136 Stat. 4340, provided that:
"(a)
"(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)
Joint Aviation Research and Development Program
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)
Air Quality in Aircraft Cabins
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)
Information on Disinsection of Aircraft
Pub. L. 103–305, title V, §507, Aug. 23, 1994, 108 Stat. 1595, provided that:
"(a)
"(b)
"(c)
General Aviation Revitalization Act of 1994
Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, §3(e), Nov. 20, 1997, 111 Stat. 2215, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'General Aviation Revitalization Act of 1994'.
"SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.
"(a)
"(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)
"SEC. 3. OTHER DEFINITIONS.
"For purposes of this Act—
"(1) the term 'aircraft' has the meaning given such term in section 40102(a)(6) of title 49, United States Code;
"(2) the term 'airworthiness certificate' means an airworthiness certificate issued under section 44704(c)(1) of title 49, United States Code, or under any predecessor Federal statute;
"(3) the term 'limitation period' means 18 years with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft; and
"(4) the term 'type certificate' means a type certificate issued under section 44704(a) of title 49, United States Code, or under any predecessor Federal statute.
"SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
"(a)
"(b)
National Commission to Ensure a Strong Competitive Airline Industry
Pub. L. 102–581, title II, §204, Oct. 31, 1992, 106 Stat. 4891, as amended Pub. L. 103–13, §1, Apr. 7, 1993, 107 Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Industry to make a complete investigation and study of financial condition of the airline industry, adequacy of competition in the airline industry, and legal impediments to a financially strong and competitive airline industry, to report to President and Congress not later than 90 days after the date on which initial appointments of members to the Commission were completed, and to terminate on the 30th day following transmission of report.
Definitions of Terms in Pub. L. 118–63
Pub. L. 118–63, §2, May 16, 2024, 138 Stat. 1033, provided that: "In this Act [see Tables for classification]:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
Pub. L. 118–63, title X, §1001, May 16, 2024, 138 Stat. 1386, provided that: "In this title [enacting sections 44813, 44814, and 44520 of this title, amending sections 44501, 44518, 47511, and 48102 of this title, enacting provisions set out as notes under this section and sections 40103, 44501, 44504, 44505, 44701, and 47101 of this title, and amending provisions set out as a note under section 44505 of this title]:
"(1)
"(2)
Definitions of Terms in Title I of Div. V of Pub. L. 116–260
Pub. L. 116–260, div. V, title I, §137, Dec. 27, 2020, 134 Stat. 2360, provided that: "In this title [see Tables for classification]:
"(1)
"(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."
Definitions of Terms in Pub. L. 115–254
Pub. L. 115–254, div. B, §101, Oct. 5, 2018, 132 Stat. 3199, provided that: "In this division [see Tables for classification], the term 'appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives."
Pub. L. 115–254, div. B, title IV, §401, Oct. 5, 2018, 132 Stat. 3328, provided that: "In this title [see Tables for classification]:
"(1)
"(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)
Definition of Term in Pub. L. 114–190
Pub. L. 114–190, §2, July 15, 2016, 130 Stat. 617, provided that: "In this Act [see Tables for classification], unless expressly provided otherwise, the term 'appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives."
Definitions of Terms in Title II of Pub. L. 112–95
Pub. L. 112–95, title IX, §902, Feb. 14, 2012, 126 Stat. 138, provided that: "In this title [amending sections 44504, 44505, 44511, 44513, and 48102 of this title, enacting provisions set out as notes under this section and sections 44501, 44504, 44505, and 44513 of this title, and amending provisions set out as notes under section 44504 of this title], the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 127 and 145 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.
Executive Documents
Ex. Ord. No. 13479. Transformation of the National Air Transportation System
Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(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.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.