Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legal/us/code/title-49/chapter-401/section-40104.md

@@ -0,0 +1,243 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40104"
+description: "Promotion of civil aeronautics and safety of air commerce"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40104"
+citation: "49 U.S.C. § 40104"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40104"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "c0b90d3ba1807a9d03398418bc807cf2f73929a4af0a8de0666e35aa38366a07"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "553acbfb4da014f76fafbbfd0b73be8d0800d2de9c92a44bde70f456b150141a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40104 - Promotion of civil aeronautics and safety of air commerce
+
+## Text
+
+(a) Developing Civil Aeronautics and Safety of Air Commerce.— The Administrator of the Federal Aviation Administration shall encourage the development of civil aeronautics and safety of air commerce in and outside the United States.
+
+(b) Airport Capacity Enhancement Projects at Congested Airports.— In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47175.
+
+(c) Educational and Professional Development.— (1) In general.— In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals.
+
+(2) Educational materials.— Based on the availability of resources, the Administrator shall—
+
+(A) develop and distribute civil aviation information and educational materials; and
+
+(B) provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.
+
+(3) Content.— In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including—
+
+(A) ethical decision-making and the responsibilities of aerospace professionals;
+
+(B) managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and
+
+(C) responsibilities as a designee or representative of the Administrator.
+
+(d) International Role and Assistance of the FAA.— (1) In general.— In carrying out subsection (a), the Administrator shall promote and achieve global improvements in the safety, efficiency, and environmental effect of air travel by exercising leadership with the Administrator’s foreign counterparts, in the International Civil Aviation Organization and its subsidiary organizations, and other international organizations and fora, and with the private sector.
+
+(2) International presence.— The Administrator shall maintain an international presence to—
+
+(A) assist foreign civil aviation authorities in—
+
+(i) establishing robust aviation oversight practices and policies;
+
+(ii) harmonizing international aviation standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals;
+
+(iii) validating and accepting foreign aircraft design and production approvals;
+
+(iv) preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and
+
+(v) appropriately adopting continuing airworthiness information, such as airworthiness directives;
+
+(B) encourage the adoption of United States standards, regulations, and policies;
+
+(C) establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements;
+
+(D) engage in bilateral and multilateral discussions as required under paragraph (5) and provide technical assistance as described in paragraph (6); 11 See References in Text note below.
+
+(E) validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of design or production;
+
+(F) support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization;
+
+(G) support the international safety activities of the United States aviation sector;
+
+(H) maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and
+
+(I) perform other activities as determined necessary by the Administrator.
+
+(3) International offices.— In carrying out the responsibilities described in subsection (a), the Administrator—
+
+(A) shall maintain international offices of the Administration;
+
+(B) every 5 years, may review existing international offices to determine—
+
+(i) the effectiveness of such offices in fulfilling the mission described in paragraph (2); and
+
+(ii) the adequacy of resources and staffing to achieve the mission described in paragraph (2); and
+
+(C) shall establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices—
+
+(i) where international civil aviation authorities are located;
+
+(ii) where regional intergovernmental organizations are located;
+
+(iii) in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and
+
+(iv) in regions that have experienced substantial growth in aviation operations or manufacturing.
+
+(4) Bilateral and multilateral engagement; technical assistance.— The Administrator shall—
+
+(A) in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through—
+
+(i) sharing of continued operational safety information;
+
+(ii) prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bolstering the components of airmanship;
+
+(iii) encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and
+
+(iv) prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and
+
+(B) seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by—
+
+(i) promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis;
+
+(ii) promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities;
+
+(iii) minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem;
+
+(iv) supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety groups; and
+
+(v) providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation safety.
+
+(5) Bilateral aviation safety agreements.— (A) In general.— The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities.
+
+(B) Purpose.— The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum—
+
+(i) improve global aviation safety;
+
+(ii) increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation interests of the United States;
+
+(iii) ensure access to international markets for operators, service providers, and manufacturers from the United States; and
+
+(iv) put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements.
+
+(C) Scope.— The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aviation users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis.
+
+(D) Contents.— Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as—
+
+(i) airworthiness, certification, and validation;
+
+(ii) maintenance;
+
+(iii) operations and pilot training;
+
+(iv) airspace access, efficiencies, and navigation services;
+
+(v) transport category aircraft;
+
+(vi) fixed-wing aircraft, rotorcraft, powered-lift aircraft, products, and articles;
+
+(vii) aerodrome certification;
+
+(viii) unmanned aircraft and associated elements of such aircraft;
+
+(ix) flight simulation training devices;
+
+(x) new or emerging technologies and technology trends; and
+
+(xi) other topics as determined appropriate by the Administrator.
+
+(E) Rule of construction.— Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law.
+
+(7) 22 So in original. No par. (6) has been enacted. Strategic plan.— The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes—
+
+(A) all elements of the report required under section 243(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note);
+
+(B) measures to fulfill the mission described in paragraph (2);
+
+(C) initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws;
+
+(D) policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization;
+
+(E) procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5);
+
+(F) all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation;
+
+(G) establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements; and
+
+(H) a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.
+
+(e) Promotion of United States Aerospace Standards, Products, and Services Abroad.— The Secretary shall take appropriate actions to—
+
+(1) promote United States aerospace-related safety standards abroad;
+
+(2) facilitate and vigorously defend approvals of United States aerospace products and services abroad;
+
+(3) with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States certificated aeronautical products, services, and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and
+
+(4) with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.
+
+(f) Travel.— The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of—
+
+(1) promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States;
+
+(2) facilitating the adoption of United States approaches on such aviation standards and recommended practices at the International Civil Aviation Organization;
+
+(3) supporting the acceptance of Administration design and production approvals by other civil aviation authorities;
+
+(4) training Administration personnel and training provided to other persons;
+
+(5) engaging with regulated entities, including performing site visits;
+
+(6) activities associated with subsections (c) through (e); and
+
+(7) other activities as determined by the Administrator.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1102; Pub. L. 103–429, § 6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104–264, title IV, § 401(b)(1), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 108–176, title III, § 303, title VIII, § 813, Dec. 12, 2003, 117 Stat. 2533, 2590; Pub. L. 115–254, div. B, title II, § 241, title V, § 539(a), Oct. 5, 2018, 132 Stat. 3257, 3370; Pub. L. 116–260, div. V, title I, § 119(f)(1), (2), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title III, §§ 356, 357(a), 358(a)–(c)(1), (d), 359, May 16, 2024, 138 Stat. 1114–1116, 1119, 1120.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4010449 App.:1346.Aug. 23, 1958, Pub. L. 85–726, § 305, 72 Stat. 749.  49 App.:1346a.July 12, 1976, Pub. L. 94–353, § 21, 90 Stat. 884.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. The words “and foster” in 49 App.:1346 are omitted as surplus. The words “In carrying out this section” are substituted for “In furtherance of his mandate to promote civil aviation” in 49 App.:1346a because of the restatement. The word “Administrator” is substituted for “Secretary of Transportation acting through the Administrator of the Federal Aviation Administration” for consistency with the source provisions restated in this section. The words “be designed so as to”, “various aspects of”, and “civil and” are omitted as surplus.
+
+Pub. L. 103–429, § 6(47)(A), (B)This makes conforming amendments to 49:40104, as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1102), because of the restatement of 49 App.:1655(c)(1) (words after last comma) as 49:40104(b) by section 6(47)(C) of the bill. Pub. L. 103–429, § 6(47)(C) RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40104(b)49 App.:1655(c)(1) (words after last comma).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1) (words after last comma), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
+
+Editorial Notes
+
+References in TextParagraph (6), referred to in subsec. (d)(2)(D), is a reference to par. (6) of subsec. (d) of this section, which does not exist, but may instead be referring to par. (6) of subsec. (e) of section 40113 of this title, which relates to technical assistance to foreign governments and was enacted by the same section of Pub. L. 118–63 that enacted subsec. (d)(2) of this section containing the reference. Section 243(b) of the FAA Reauthorization Act of 2018, referred to in subsec. (d)(7)(A), is section 243(b) of Pub. L. 115–254, which is set out in a note under section 44701 of this title.
+
+Amendments2024—Subsec. (a). Pub. L. 118–63, § 356(1), struck out at end “In carrying out this subsection, the Administrator shall take action that the Administrator considers necessary to establish, within available resources, a program to distribute civil aviation information in each region served by the Administration. The program shall provide, on request, informational material and expertise on civil aviation to State and local school administrators, college and university officials, and officers of other interested organizations.” Subsec. (b). Pub. L. 118–63, § 356(4), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 118–63, § 357(a), added subsec. (c). Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 118–63, § 358(a)(1), inserted “and Assistance” after “International Role” in heading. Pub. L. 118–63, § 356(3), redesignated subsec. (b) as (d). Subsec. (d)(1). Pub. L. 118–63, § 358(a)(2), substituted “In carrying out subsection (a), the Administrator” for “The Administrator”. Subsec. (d)(2). Pub. L. 118–63, § 358(a)(4), added par. (2). Former par. (2) redesignated (4). Subsec. (d)(3). Pub. L. 118–63, § 358(b), added par. (3). Subsec. (d)(4). Pub. L. 118–63, § 358(a)(3), redesignated par. (2) as (4). Subsec. (d)(5). Pub. L. 118–63, § 358(c)(1), added par. (5). Subsec. (d)(7). Pub. L. 118–63, § 358(d), added par. (7). Subsec. (e). Pub. L. 118–63, § 356(2), redesignated subsec. (d) as (e). Subsec. (f). Pub. L. 118–63, § 359, added subsec. (f). 2020—Subsec. (b). Pub. L. 116–260 designated existing provisions as par. (1), inserted heading, and added par. (2). 2018—Subsec. (c). Pub. L. 115–254, § 539(a), substituted “section 47175” for “section 47176”. Subsec. (d). Pub. L. 115–254, § 241, added subsec. (d). 2003—Subsec. (b). Pub. L. 108–176, § 813, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of Transportation may develop and construct a civil supersonic aircraft.” Subsec. (c). Pub. L. 108–176, § 303, added subsec. (c). 1996—Pub. L. 104–264, § 401(b)(1)(A), inserted “safety of” before “air commerce” in section catchline. Subsec. (a). Pub. L. 104–264, § 401(b)(1)(B), (C), inserted “Safety of” before “Air Commerce” in heading and “safety of” before “air commerce” in text. 1994—Pub. L. 103–429 designated existing provisions as subsec. (a), inserted heading, substituted “carrying out this subsection” for “carrying out this section”, and added subsec. (b).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
+
+Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
+
+Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
+
+Support for Professional Development and Continuing EducationPub. L. 118–63, title III, § 357(b), May 16, 2024, 138 Stat. 1115, provided that: “The Administrator [of the Federal Aviation Administration] may take such action as may be necessary to support or launch initiatives that seek to advance the professional development and continuing education of aerospace professionals.”
+
+Validation of Powered-Lift AircraftPub. L. 118–63, title III, § 358(c)(3), May 16, 2024, 138 Stat. 1118, provided that: “In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator [of the Federal Aviation Administration] shall ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.”
+
+Powered-Lift AircraftPub. L. 118–63, title III, § 358(e), May 16, 2024, 138 Stat. 1119, provided that: “In developing the methodology required under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Administrator [of the Federal Aviation Administration] shall— “(1) perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures; “(2) facilitate global acceptance of the approach of the FAA [Federal Aviation Administration] to certification of powered-lift aircraft, products, and articles; and “(3) consider any other information determined appropriated by the Administrator.”
+
+International Pilot TrainingPub. L. 116–260, div. V, title I, § 119(e), Dec. 27, 2020, 134 Stat. 2341, provided that: “(1) In general.—The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for—“(A) monitoring and managing the behavior and performance of automated systems; “(B) controlling the flightpath of aircraft without autoflight systems engaged; “(C) effectively utilizing and managing autoflight systems, when appropriate; “(D) effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and “(E) recognizing and responding appropriately to non-normal conditions. “(2) International leadership.—The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working with—“(A) foreign counterparts of the Administrator in the ICAO and its subsidiary organizations; “(B) other international organizations and fora; and “(C) the private sector. “(3) Considerations.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider—“(A) the latest information relating to human factors; “(B) aircraft manufacturing trends, including those relating to increased automation in the cockpit; “(C) the extent to which cockpit automation improves aviation safety and introduces novel risks; “(D) the availability of opportunities for pilots to practice manual flying skills; “(E) the need for consistency in maintaining and enhancing manual flying skills worldwide; “(F) recommended practices of other countries that enhance manual flying skills and automation management; and “(G) whether a need exists for initial and recurrent training standards for improve pilots’ proficiency in manual flight and in effective management of autoflight systems. “(4) Congressional briefing.—The Secretary, the Administrator, and other appropriate officials of the Government shall provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection.” [For definitions of terms used in section 119(e) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
+
+International Efforts Regarding Tracking of Civil AircraftPub. L. 115–254, div. B, title III, § 304, Oct. 5, 2018, 132 Stat. 3261, provided that: “The Administrator [of the Federal Aviation Administration] shall exercise leadership on creating a global approach to improving aircraft tracking by working with— “(1) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations; “(2) other international organizations and fora; and “(3) the private sector.”

legal/us/code/title-49/chapter-401/section-40105.md

@@ -0,0 +1,75 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40105"
+description: "International negotiations, agreements, and obligations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40105"
+citation: "49 U.S.C. § 40105"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40105"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "fe19ec4ac0c67981b79f26278504a641a0f24359704d6637d5247bdfac54594b"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "9c5e4fec6fdc870651413cf135d55b6d77680d5d74dcbb0dd04e0342e65296c6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40105 - International negotiations, agreements, and obligations
+
+## Text
+
+(a) Advice and Consultation.— The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secretaries of Transportation and Commerce, and consult with them as appropriate, about negotiations for an agreement with a government of a foreign country to establish or develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carrying out this part to the extent this part is related to foreign air transportation.
+
+(b) Actions of Secretary and Administrator.— (1) In carrying out this part, the Secretary of Transportation and the Administrator—
+
+(A) shall act consistently with obligations of the United States Government under an international agreement;
+
+(B) shall consider applicable laws and requirements of a foreign country; and
+
+(C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title.
+
+(2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government of a foreign country, if the Secretary of Transportation disapproves the agreement because it is not in the public interest. Section 40106(b)(2) of this title applies to this subsection.
+
+(c) Consultation on International Air Transportation Policy.— In carrying out section 40101(e) of this title, the Secretaries of State and Transportation, to the maximum extent practicable, shall consult on broad policy goals and individual negotiations with—
+
+(1) the Secretaries of Commerce and Defense;
+
+(2) airport operators;
+
+(3) scheduled air carriers;
+
+(4) charter air carriers;
+
+(5) airline labor;
+
+(6) consumer interest groups;
+
+(7) travel agents and tour organizers; and
+
+(8) other groups, institutions, and governmental authorities affected by international aviation policy.
+
+(d) Congressional Observers at International Aviation Negotiations.— The President shall grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if the privilege is requested in advance in writing.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1102.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40105(a)49 App.:1462.Aug. 23, 1958, Pub. L. 85–726, § 802, 72 Stat. 783.  49 App.:1551(b)(1)(B).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, § 40(a), 92 Stat. 1745.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat 2444. 40105(b)49 App.:1502(a).Aug. 23, 1958, Pub. L. 85–726, § 1102(a), 72 Stat. 797; Feb. 15, 1980, Pub. L. 96–192, § 17, 94 Stat. 42.  49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.  49 App.:1655(c)(1). 40105(c)49 App.:1502(c).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1102(c), (d); added Feb. 15, 1980, Pub. L. 96–192, § 17, 94 Stat. 43.  49 App.:1551(b)(1)(E). 40105(d)49 App.:1502(d). In subsection (a), the words “government of a foreign country” are substituted for “foreign governments” in 49 App.:1462 and “foreign country” in 49 App.:1502(a) for consistency in the revised title and with other titles of the United States Code. The words “Secretary of Transportation” are substituted for “Department of Transportation” in 49 App.:1551(b)(1)(B) because of 49:102(b). The words “Secretary of State” are substituted for “Department of State” because of 22:2651. In subsection (b)(1), before clause (A), the words “carrying out” are substituted for “exercising and performing . . . powers and duties” for consistency in the revised title and with other titles of the Code. In clause (A), the words “an international agreement” are substituted for “any treaty, convention, or agreement that may be in force between the United States and any foreign country or foreign countries” for consistency and to eliminate unnecessary words. In clause (C), the word “public” is added for consistency in this part. In subsection (b)(2), the words “obligation, duty, or liability arising out of a contract or other” and “heretofore or hereafter” are omitted as surplus. The words “government of a foreign country” are substituted for “foreign country” for consistency in the revised title and with other titles of the Code. The last sentence is inserted to inform the reader that section 40106(b)(2) of the revised title qualifies this subsection. In subsection (c), before clause (1), the words “To assist” are omitted as surplus. The words “carrying out” are substituted for “developing and implementing” for consistency in the revised title and with other titles of the Code. The word “both” is omitted as surplus. In clause (8), the word “authorities” is substituted for “agencies” for consistency in the revised title and with other titles of the Code.
+
+Statutory Notes and Related Subsidiaries
+
+Reciprocal Airworthiness CertificationPub. L. 108–176, title VIII, § 812, Dec. 12, 2003, 117 Stat. 2590, provided that: “(a) In General.—As part of their bilateral negotiations with foreign nations and their civil aviation counterparts, the Secretary of State and the Administrator of the Federal Aviation Administration shall facilitate the reciprocal airworthiness certification of aviation products. “(b) Reciprocal Airworthiness Defined.—In this section, the term ‘reciprocal airworthiness certification of aviation products’ means that the regulatory authorities of each nation perform a similar review in certifying or validating the certification of aircraft and aircraft components of other nations.”
+
+Report on Certain Bilateral NegotiationsPub. L. 103–305, title V, § 519, Aug. 23, 1994, 108 Stat. 1600, provided that: “The Secretary shall report every other month to the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of all active aviation bilateral and multilateral negotiations and informal government-to-government consultations with United States aviation trade partners.”

legal/us/code/title-49/chapter-401/section-40106.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40106"
+description: "Emergency powers"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40106"
+citation: "49 U.S.C. § 40106"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40106"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "c886f4b6aeb67d7ce05476a495a43178eb107e08506667e77872703e88c51337"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "6ff166b8a91b6168f23af90283359193431afea2fceae0adb8b063f9f95f5753"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40106 - Emergency powers
+
+## Text
+
+(a) Deviations From Regulations.— Appropriate military authority may authorize aircraft of the armed forces of the United States to deviate from air traffic regulations prescribed under section 40103(b)(1) and (2) of this title when the authority decides the deviation is essential to the national defense because of a military emergency or urgent military necessity. The authority shall—
+
+(1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and
+
+(2) to the extent time and circumstances allow, make every reasonable effort to consult with the Administrator and arrange for the deviation in advance on a mutually agreeable basis.
+
+(b) Suspension of Authority.— (1) When the President decides that the government of a foreign country is acting inconsistently with the Convention for the Suppression of Unlawful Seizure of Aircraft or that the government of a foreign country allows territory under its jurisdiction to be used as a base of operations or training of, or as a sanctuary for, or arms, aids, or abets, a terrorist organization that knowingly uses the unlawful seizure, or the threat of an unlawful seizure, of an aircraft as an instrument of policy, the President may suspend the authority of—
+
+(A) an air carrier or foreign air carrier to provide foreign air transportation to and from that foreign country;
+
+(B) a person to operate aircraft in foreign air commerce to and from that foreign country;
+
+(C) a foreign air carrier to provide foreign air transportation between the United States and another country that maintains air service with the foreign country; and
+
+(D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that maintains air service with the foreign country.
+
+(2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is necessary to ensure the security of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend rights under this subsection is a condition to a certificate of public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign aircraft permit, or foreign air carrier operating specification issued by the Secretary of Transportation under this part.
+
+(3) An air carrier or foreign air carrier may not provide foreign air transportation, and a person may not operate aircraft in foreign air commerce, in violation of a suspension of authority under this subsection.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1103.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40106(a)49 App.:1348(f).Aug. 23, 1958, Pub. L. 85–726, § 307(f), 72 Stat. 750.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40106(b)49 App.:1514.Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1114; added Aug. 5, 1974, Pub. L. 93–366, § 106, 88 Stat. 413.  49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.  49 App.:1655(c)(1). In subsection (a), before clause (1), the words “armed forces” are substituted for “national defense forces” because of 10:101. The words “section 40103(b)(1) and (2) of this title” are substituted for “this subchapter” as being more precise. In clauses (1) and (2), the word “Administrator” in section 307(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g). In clause (2), the words “fully” and “required” are omitted as surplus. In subsection (b)(1), the words “government of a foreign country” are substituted for “foreign nation” for consistency in the revised title and with other titles of the Code. Before clause (A), the words “in a manner” and “in any way” are omitted as surplus. The word “authority” is substituted for “right” as being more precise and for consistency in the revised title. In subsection (b)(2), the words “deemed to be” are omitted because a legal conclusion is being stated. In subsection (b)(3), the words “by the President” are omitted as surplus.
+
+Statutory Notes and Related Subsidiaries
+
+Aircraft PiracyThe United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.

legal/us/code/title-49/chapter-401/section-40107.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40107"
+description: "Presidential transfers"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40107"
+citation: "49 U.S.C. § 40107"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40107"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "959145e7881a5febff3d84757d9ddc8518005a6879e9411555ecac25eef59342"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "efa4d2f6420b43d4bd416cb08706eae0bbe86ddaf06afa9544f13d03f56a7606"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40107 - Presidential transfers
+
+## Text
+
+(a) General Authority.— The President may transfer to the Administrator of the Federal Aviation Administration a duty, power, activity, or facility of a department, agency, or instrumentality of the executive branch of the United States Government, or an officer or unit of a department, agency, or instrumentality of the executive branch, related primarily to selecting, developing, testing, evaluating, establishing, operating, or maintaining a system, procedure, facility, or device for safe and efficient air navigation and air traffic control. In making a transfer, the President may transfer records and property and make officers and employees from the department, agency, instrumentality, or unit available to the Administrator.
+
+(b) During War.— If war occurs, the President by executive order may transfer to the Secretary of Defense a duty, power, activity, or facility of the Administrator. In making the transfer, the President may transfer records, property, officers, and employees of the Administration to the Department of Defense.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1104.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40107(a)49 App.:1345.Aug. 23, 1958, Pub. L. 85–726, §§ 302(e), 304, 72 Stat. 746, 749.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40107(b)49 App.:1343(c).  49 App.:1655(c)(1). In this section, the words “functions (including . . . parts of functions)” are omitted as included in “duty, power, activity, or facility”. In subsection (a), the words “of a department, agency, or instrumentality of the executive branch of the United States Government” are substituted for “the executive departments or agencies of the Government” for consistency in the revised title and with other titles of the United States Code. The word “unit” is substituted for “organizational entity” for clarity. The words “appropriate” and “civilian and military” are omitted as surplus. The words “officers and employees” are substituted for “personnel” for consistency in the revised title and with other titles of the Code. The words “to the Administrator” are added for clarity. In subsection (b), the text of 49 App.:1343(c) (words before proviso) is omitted as obsolete. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:133(a). The words “prior to enactment of such proposed legislation” are omitted as obsolete because the legislation was not enacted. The word “appropriate” is omitted as surplus. The words “of the Administration to the Department of Defense” are added for clarity.
+
+Executive Documents
+
+Ex. Ord. No. 10786. Transfer of Functions of the Airways Modernization Board to the Administrator Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided: Section 1. All functions (including powers, duties, activities, and parts of functions) of the Airways Modernization Board, including those of the Chairman thereof, are hereby transferred to the Administrator of the Federal Aviation Agency; and all records, property, facilities, employees, and unexpended balances of appropriations, allocations, and other funds of the Airways Modernization Board, are hereby transferred to the Federal Aviation Agency [now Federal Aviation Administration]. Sec. 2. Such further measures and dispositions, if any, as the Director of the Bureau of the Budget [now the Office of Management and Budget] shall determine to be necessary in connection with the transfers provided for hereinabove in respect of records, property, facilities, employees, and balances shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Sec. 3. The provisions of this order shall become effective concurrently with the entering upon office as Administrator of the Federal Aviation Agency [now Federal Aviation Administration] of the first person appointed as Administrator. The functions transferred by section 1 hereof may be performed by the Administrator until the effective date of the repeal [Aug. 23, 1958] of the Airways Modernization Act of 1957 [former 49 U.S.C. 1211 et seq.] effected by section 1401(d) of the Federal Aviation Act of 1958 [Pub. L. 85–726]. Dwight D. Eisenhower.
+
+Ex. Ord. No. 10797. Delegation of authority to the Director of the Office of Management and Budget Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided: Section 1. There is hereby delegated to the Director of the Bureau of the Budget [now the Office of Management and Budget] all authority vested in the President by the last sentence of section 304 [see 49 U.S.C. 40107(a)], and by sections 1502(a) and 1502(b), of the Federal Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L. 85–726, former 49 U.S.C. 1341 note], relating, respectively, (1) to providing in connection with transfers of functions made under other provisions of section 304, (i) for appropriate transfers of records and property, and (ii) for necessary civilian and military personnel to be made available from any office, department, or other agency from which transfers of functions are so made; (2) to determining the employees and property (including office equipment and official equipment and official records) employed by the Civil Aeronautics Board in the exercise and performance of those powers and duties which are vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended [former 49 U.S.C. 401 et seq.], and which are vested by the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.] in the Federal Aviation Agency, and to specifying the date or dates upon which the transfers of officers, employees, and property (including office equipment and official records) under section 1502(a) shall occur; and (3) specifying the date or dates upon which transfers of unexpended balances of appropriations under section 1502(b) shall occur. Such further measures and dispositions as the Director of the Bureau of the Budget [now the Office of Management and Budget] shall determine to be necessary in connection with the exercise of the authority delegated to him by this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating to the Director of the Bureau of the Budget [now the Office of Management and Budget] the authority vested in the President by a certain provision of the Airways Modernization Act of 1957 [former 49 U.S.C. 1211 et seq.], is hereby revoked, such revocation to become effective on the date the repeal of that act takes effect under sections 1401(d) [repealing former 49 U.S.C. 1211–1215] and 1505(2) [former 49 U.S.C. 1301 note] of the Federal Aviation Act of 1958 (72 Stat. 806, 811). Sec. 3. Except as otherwise provided in section 2 hereof, the provisions of this order shall become effective immediately. Dwight D. Eisenhower.
+
+Ex. Ord. No. 11047. Delegation of Authority to Secretary of Defense and Administrator Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By the virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Secretary of Defense and the Administrator of the Federal Aviation Administration are hereby designated and empowered to exercise jointly, without the approval, ratification, or other action of the President, the authority vested in the President by the first sentence of section 304 of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1345 (first sentence)) [see 49 U.S.C. 40107(a)] to transfer functions (including, as used in this order, powers, duties, activities, facilities, and parts of functions) as described in that sentence to the extent that the said authority is in respect of transfers from the Department of Defense or any officer or organizational entity thereof to the Administrator of the Federal Aviation Administration of functions relating to flight inspection of air navigation facilities. Sec. 2. The Administrator and the Secretary shall exercise the authority hereinabove delegated to them only as they shall deem such exercise to be necessary or desirable in the interest of promoting, in respect of either civil or military aviation or both, safe and efficient air navigation and air traffic control. Sec. 3. (a) To the extent necessitated by transfers of functions effected under the provisions of Section 1 of this order: (1) Transfers of balances of appropriations available and necessary to finance and discharge the transferred functions shall be made under the authority of Section 202(b) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C. 1531]) as affected by the provisions of section 1(k) of Executive Order No. 10530 of May 10, 1954 [set out as a note under section 301 of Title 3, The President]. (2) Provisions for appropriate transfers of records and property shall be made under the authority of the last sentence of Section 304 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(a)] as affected by the provisions of Section 1 of Executive Order No. 10797 of December 24, 1958 [set out above]. (b) Neither this order nor the said Executive Order No. 10797 shall be deemed to require or authorize the transfer of any civilian or military personnel from the Department of Defense to the Federal Aviation Administration, under authority of the said Section 304 [see 49 U.S.C. 40107(a)], in connection with transfers of functions effected under the provisions of Section 1 of this order. Sec. 4. (a) In order to facilitate the orderly and timely accomplishment of the transfers and other arrangements mentioned in Section 3(a) of this order, the Secretary of Defense and the Administrator of the Federal Aviation Administration shall transmit to the Director of the Office of Management and Budget, not less than 30 days prior to the execution by them of any order or other transfer instrument in pursuance of the provisions of Section 1 of this order, all appropriate information in respect to any transfers or other arrangements proposed to be made in connection therewith under the provisions of Section 3 hereof, together with copy of the order or other transfer instrument proposed to be executed by them. (b) In connection with any particular action or actions under Section 1 of this order, the Director of the Office of Management and Budget may either waive the requirements of Section 4(a), above, or reduce the 30 day period there prescribed.
+
+Ex. Ord. No. 11161. Transfer of Federal Aviation Agency to Defense Department in Event of War Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended by Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided: WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(b)] provides, in part, that in the event of war the President by Executive order may transfer to the Department of Defense any functions (including powers, duties, activities, facilities, and parts of functions) of the Federal Aviation Administration; and WHEREAS it appears that the defense of the United States would require the transfer of the Federal Aviation Administration to the Department of Defense in the event of war; and WHEREAS if any such transfer were to be made it would be essential to the defense of the United States that the transition be accomplished promptly and with maximum ease and effectiveness; and WHEREAS these objectives require that the relationships that would obtain in the event of such a transfer as between the Federal Aviation Administration and the Department of Defense be understood in advance by the two agencies concerned and be developed in necessary detail by them in advance of transfer: NOW, THEREFORE, by virtue of the authority vested in me by Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c)) [see 49 U.S.C. 40107(b)], and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows: Section 1. The Secretary of Defense and the Secretary of Transportation are hereby directed to prepare and develop plans, procedures, policies, programs, and courses of action in anticipation of the probable transfer of the Federal Aviation Administration to the Department of Defense in the event of war. Those plans, policies, procedures, programs, and courses of action shall be prepared and developed in conformity with the following-described standards and conditions— (A) The Federal Aviation Administration will function as an adjunct of the Department of Defense with the Federal Aviation Administrator being responsible directly to the Secretary of Defense and subject to his authority, direction, and control to the extent deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense. (B) To the extent deemed by the Secretary of Defense to be necessary for the accomplishment of the military mission, he will be empowered to direct the Administrator to place operational elements of the Federal Aviation Administration under the direct operational control of appropriate military commanders. (C) While functioning as an adjunct of the Department of Defense, the Federal Aviation Administration will remain organizationally intact and the Administrator thereof will retain responsibility for administration of his statutory functions, subject to the authority, direction, and control of the Secretary of Defense to the extent deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense. Sec. 2. In furtherance of the objectives of the foregoing provisions of this order, the Secretary of Defense and the Secretary of Transportation shall, to the extent permitted by law, make such arrangements and take such actions as they deem necessary to assure— (A) That the functions of the Federal Aviation Administration are performed during any period of national emergency short of war in a manner that will assure that essential national defense requirements will be satisfied during any such period of national emergency. (B) Consistent with the provisions of paragraphs (A), (B), and (C) of Section 1 of this order, that any transfer of the Federal Aviation Administration to the Department of Defense, in the event of war, will be accomplished smoothly and rapidly and effective operation of the agencies and functions affected by the transfer will be achieved after the transfer. Lyndon B. Johnson.

legal/us/code/title-49/chapter-401/section-40108.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40108"
+description: "Training schools"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40108"
+citation: "49 U.S.C. § 40108"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40108"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "c7bc641ab6b467fa5d63e20ace94139088b2f8cc9f2e0b678dccd273f41a2cce"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "c61b4eab32331a0ea3025cbbff2be15fc51b1ff1a2a1a822e9bcbd48c1491aa5"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40108 - Training schools
+
+## Text
+
+(a) Authority To Operate.— The Administrator of the Federal Aviation Administration may operate schools to train officers and employees of the Administration to carry out duties, powers, and activities of the Administrator.
+
+(b) Attendance.— The Administrator may authorize officers and employees of other departments, agencies, or instrumentalities of the United States Government, officers and employees of governments of foreign countries, and individuals from the aeronautics industry to attend those schools. However, if the attendance of any of those officers, employees, or individuals increases the cost of operating the schools, the Administrator may require the payment or transfer of amounts or other consideration to offset the additional cost. The amount received may be credited to the appropriation current when the expenditures are or were paid, the appropriation current when the amount is received, or both.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1104.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40108(a)49 App.:1354(d) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, § 313(d), 72 Stat. 753.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40108(b)49 App.:1354(d) (2d–last sentences).  49 App.:1655(c)(1). In this section, the word “Administrator” in section 313(d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g). The words “school or” are omitted because of 1:1. In subsection (a), the words “officers and” are added for clarity and consistency in the revised title and with other titles of the United States Code. The words “to carry out duties, powers, and activities of the Administrator” are substituted for “in those subjects necessary for the proper performance of all authorized functions of the Administration” for clarity and consistency in the revised title. In subsection (b), the words “officers and employees” are substituted for “personnel”, the words “departments, agencies, or instrumentalities of the United States Government” are substituted for “governmental”, and the words “governments of foreign countries” are substituted for “foreign governments”, for consistency in the revised title and with other titles of the Code. The words “courses given in”, “sufficient”, and “appropriate” are omitted as surplus. The text of 49 App.:1354(d) (3d sentence) is omitted as unnecessary because chapter 41 of title 5, United States Code, applies to all training of employees. The words “or both” are substituted for “(3) in part as provided under clause (1) and in part as provided under clause (2)” to eliminate unnecessary words.

legal/us/code/title-49/chapter-401/section-40111.md

@@ -0,0 +1,73 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40111"
+description: "Multiyear procurement contracts for services and related items"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40111"
+citation: "49 U.S.C. § 40111"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40111"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "0757c7053ba90fb862441398f101516b95279ca35293646acf377f046540851f"
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+text_hash: "9ddc5e96db3d46b3551fef59320de2bb0e9e19e5ae4218462e61da5312f8f056"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40111 - Multiyear procurement contracts for services and related items
+
+## Text
+
+(a) General Authority.— Notwithstanding section 1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation Administration may make a contract of not more than 5 years for the following types of services and items of supply related to those services for which amounts otherwise would be available for obligation only in the fiscal year for which appropriated:
+
+(1) operation, maintenance, and support of facilities and installations.
+
+(2) operation, maintenance, and modification of aircraft, vehicles, and other highly complex equipment.
+
+(3) specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training.
+
+(4) base services, including ground maintenance, aircraft refueling, bus transportation, and refuse collection and disposal.
+
+(b) Required Findings.— The Administrator may make a contract under this section only if the Administrator finds that—
+
+(1) there will be a continuing requirement for the service consistent with current plans for the proposed contract period;
+
+(2) providing the service will require a substantial initial investment in plant or equipment, or will incur a substantial contingent liability for assembling, training, or transporting a specialized workforce; and
+
+(3) the contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.
+
+(c) Considerations.— When making a contract under this section, the Administrator shall be guided by the following:
+
+(1) The part of the cost of a plant or equipment amortized as a cost of contract performance may not be more than the ratio between the period of contract performance and the anticipated useful commercial life (instead of physical life) of the plant or equipment, considering the location and specialized nature of the plant or equipment, obsolescence, and other similar factors.
+
+(2) The Administrator shall consider the desirability of—
+
+(A) obtaining an option to renew the contract for a reasonable period of not more than 3 years, at a price that does not include charges for nonrecurring costs already amortized; and
+
+(B) reserving in the Administrator the right, on payment of the unamortized part of the cost of the plant or equipment, to take title to the plant or equipment under appropriate circumstances.
+
+(d) Ending Contracts.— A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent fiscal year. The cost of ending the contract may be paid from—
+
+(1) an appropriation originally available for carrying out the contract;
+
+(2) an appropriation currently available for procuring the type of service concerned and not otherwise obligated; or
+
+(3) amounts appropriated for payments to end the contract.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1107.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40111(a)49 App.:1344(e)(1).Aug. 23, 1958, Pub. L. 85–726, § 303(e), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, § 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, § 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, § 112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, § 9118(a), 104 Stat. 1388–366. 40111(b)49 App.:1344(e)(2). 40111(c)49 App.:1344(e)(3). 40111(d)49 App.:1344(e)(4). In this section, the word “Administrator” in section 303(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g). In subsection (a), before clause (1), the words “periods of” are omitted as surplus. In clause (3), the words “training of” are added for clarity. In clause (4), the word “aircraft” is substituted for “in-plane” for clarity. In subsection (c)(2)(A), the words “plant, equipment, and other” are omitted as surplus. In subsection (d), the words “canceled or” and “cancellation or” are omitted as being included in “ended” and “ending”, respectively.

legal/us/code/title-49/chapter-401/section-40112.md

@@ -0,0 +1,95 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40112"
+description: "Multiyear procurement contracts for property"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40112"
+citation: "49 U.S.C. § 40112"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40112"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "39a1ae2f14318f36520f8c5d26c652fb46bfb0c15abfb62076bc19ca0551d60c"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "4fda53eeab2b002956692cdbc315420deabcc306c3af14acbd4876ab972c0412"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40112 - Multiyear procurement contracts for property
+
+## Text
+
+(a) General Authority.— Notwithstanding section 1341(a)(1)(B) of title 31 and to the extent that amounts otherwise are available for obligation, the Administrator of the Federal Aviation Administration may make a contract of more than one but not more than 5 fiscal years to purchase property, except a contract to construct, alter, or make a major repair or improvement to real property.
+
+(b) Required Findings.— The Administrator may make a contract under this section if the Administrator finds that—
+
+(1) the contract will promote the safety or efficiency of the national airspace system and will result in reduced total contract costs;
+
+(2) the minimum need for the property to be purchased is expected to remain substantially unchanged during the proposed contract period in terms of production rate, procurement rate, and total quantities;
+
+(3) there is a reasonable expectation that throughout the proposed contract period the Administrator will request appropriations for the contract at the level required to avoid cancellation;
+
+(4) there is a stable design for the property to be acquired and the technical risks associated with the property are not excessive; and
+
+(5) the estimates of the contract costs and the anticipated savings from the contract are realistic.
+
+(c) Regulations.— The Administrator shall prescribe regulations for acquiring property under this section to promote the use of contracts under this section in a way that will allow the most efficient use of those contracts. The regulations may provide for a cancellation provision in the contract to the extent the provision is necessary and in the best interest of the United States. The provision may include consideration of recurring and nonrecurring costs of the contractor associated with producing the item to be delivered under the contract. The regulations shall provide that, to the extent practicable—
+
+(1) to broaden the aviation industrial base—
+
+(A) a contract under this section shall be used to seek, retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and
+
+(B) on accrual of a payment or other benefit accruing on a contract under this section to a subcontractor, vendor, or supplier participating in the contract, the payment or benefit shall be delivered in the most expeditious way practicable; and
+
+(2) this section and regulations prescribed under this section may not be carried out in a way that precludes or curtails the existing ability of the Administrator to provide for—
+
+(A) competition in producing items to be delivered under a contract under this section; or
+
+(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule.
+
+(d) Contract Provisions.— (1) A contract under this section may—
+
+(A) be used for the advance procurement of components, parts, and material necessary to manufacture equipment to be used in the national airspace system;
+
+(B) provide that performance under the contract after the first year is subject to amounts being appropriated; and
+
+(C) contain a negotiated priced option for varying the number of end items to be procured over the period of the contract.
+
+(2) If feasible and practicable, an advance procurement contract may be made to achieve economic-lot purchases and more efficient production rates.
+
+(e) Cancellation Payment and Notice of Cancellation Ceiling.— (1) If a contract under this section provides that performance is subject to an appropriation being made, it also may provide for a cancellation payment to be made to the contractor if the appropriation is not made.
+
+(2) Before awarding a contract under this section containing a cancellation ceiling of more than $100,000,000, the Administrator shall give written notice of the proposed contract and cancellation ceiling to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The contract may not be awarded until the end of the 30-day period beginning on the date of the notice.
+
+(f) Ending Contracts.— A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent fiscal year. The cost of ending the contract may be paid from—
+
+(1) an appropriation originally available for carrying out the contract;
+
+(2) an appropriation currently available for procuring the type of property concerned and not otherwise obligated; or
+
+(3) amounts appropriated for payments to end the contract.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1108; Pub. L. 104–106, div. E, title LVI, § 5606, Feb. 10, 1996, 110 Stat. 700; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40112(a)49 App.:1344(f)(1) (words before 4th comma), (6), (7) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, § 303(f), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, § 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, § 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, § 112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, § 9118(a), 104 Stat. 1388–367. 40112(b)49 App.:1344(f)(1) (words after 4th comma). 40112(c)49 App.:1344(f)(2). 40112(d) (1)(A)49 App.:1344(f)(4) (words before 3d comma). 40112(d) (1)(B)49 App.:1344(f)(7) (last sentence words before “and (if”). 40112(d) (1)(C)49 App.:1344(f)(8). 40112(d)(2)49 App.:1344(f)(4) (words after 3d comma). 40112(e)(1)49 App.:1344(f)(7) (last sentence words after “of funds”). 40112(e)(2)49 App.:1344(f)(3). 40112(f)49 App.:1344(f)(5). In this section, the word “Administrator” in section 303(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g). In subsection (a), the reference in 49 App.:1344(f)(7) to a contract for the purchase of services is omitted as surplus because 49 App.:1344(f)(1) states that the subsection is concerned only with contracts for the purchase of property. In subsection (b)(5), the word “savings” is substituted for “cost avoidance” for clarity. In subsection (c), before clause (1), the word “both” is omitted as surplus. In clause (1)(A), the words “in such a manner as” and “companies that are” are omitted as surplus. In clause (1)(B), the words “accruing on” are substituted for “under” for clarity. The words “subcontractor” and “contract” are substituted for “subcontract” and “contractor”, respectively, to correct errors in the source provisions being restated. In subsection (d)(1)(B), the words “after the first year” are substituted for “during the second and subsequent years of the contract” to eliminate unnecessary words. In subsection (e)(2), the words “a clause setting forth” are omitted as surplus. In subsection (f), the words “canceled or” and “cancellation or” are omitted as being included in “ended” and “ending”, respectively.
+
+Editorial Notes
+
+Amendments1996—Subsec. (a). Pub. L. 104–106 struck out “or a contract to purchase property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies” after “improvement to real property”. Subsec. (e)(2). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1996 AmendmentAmendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.

legal/us/code/title-49/chapter-401/section-40113.md

@@ -0,0 +1,103 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40113"
+description: "Administrative"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40113"
+citation: "49 U.S.C. § 40113"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40113"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "eb7d76f3ba32570a6ebde1378897a5389aabb53707886971ec9cda8b1c6a1227"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "b535e4750a8b1859be2044fec3ba97431df1f801a9f44a6089137b764cc0c17c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40113 - Administrative
+
+## Text
+
+(a) General Authority.— The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.
+
+(b) Hazardous Material.— In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under section 5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of title 18) or ammunition for a firearm, when transported by an individual for personal use.
+
+(c) Governmental Assistance.— The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality.
+
+(d) Indemnification.— The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.
+
+(e) Assistance to Foreign Aviation Authorities.— (1) Safety-related training and operational services.— The Administrator may provide safety-related training and operational services to foreign aviation authorities (whether public or private) with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6). To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers.
+
+(2) Reimbursement sought.— The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of providing such reimbursement. The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.
+
+(3) Crediting appropriations.— Funds received by the Administrator pursuant to this section shall—
+
+(A) be credited to the appropriation current when the amount is received;
+
+(B) be merged with and available for the purposes of such appropriation; and
+
+(C) remain available until expended.
+
+(4) Authorization of appropriations.— There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.
+
+(6) 11 So in original. There is no par. (5). Technical assistance outside of agreements.— In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that—
+
+(A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and
+
+(B) the engagement is to provide inherently governmental technical assistance and training.
+
+(7) Inherently governmental technical assistance and training defined.— In this subsection, the term “inherently governmental technical assistance and training” means technical assistance and training that—
+
+(A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;
+
+(B) must be accomplished using agency expertise and authority; and
+
+(C) relates to—
+
+(i) international aviation safety assessment technical reviews and technical assistance;
+
+(ii) aerodrome safety and certification;
+
+(iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements;
+
+(iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities;
+
+(v) operation and maintenance of air navigation system equipment, procedures, and personnel; or
+
+(vi) training and exercises in support of aviation safety, efficiency, and security.
+
+(f) Application of Certain Regulations to Alaska.— In amending title 14, Code of Federal Regulations, in a manner affecting intrastate aviation in Alaska, the Administrator of the Federal Aviation Administration shall consider the extent to which Alaska is not served by transportation modes other than aviation, and shall establish such regulatory distinctions as the Administrator considers appropriate.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103–305, title II, § 202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106–181, title I, § 156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L. 107–71, title I, § 140(c), Nov. 19, 2001, 115 Stat. 641; Pub. L. 112–95, title II, § 207, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. K, title I, § 1991(c)(2), Oct. 5, 2018, 132 Stat. 3627; Pub. L. 116–260, div. V, title I, § 119(g), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title II, § 218(c), title III, § 358(c)(2), May 16, 2024, 138 Stat. 1055, 1117.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40113(a)49 App.:1324(a).Aug. 23, 1958, Pub. L. 85–726, §§ 204(a), 313(a), 72 Stat. 743, 752.  49 App.:1354(a).  49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40113(b)49 App.:1472(h)(1), (3).Aug. 23, 1958, Pub. L. 85–726, § 902(h)(1), (3), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, § 113(c), 88 Stat. 2162, 2163. 40113(c)49 App.:1505.Aug. 23, 1958, Pub. L. 85–726, § 1105, 72 Stat. 798; Oct. 15, 1962, Pub. L. 87–810, § 3, 76 Stat. 921.  49 App.:1655(c)(1). 40113(d)49 App.:1354(e).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 313(e); added Dec. 30, 1987, Pub. L. 100–223, § 205, 101 Stat. 1521. In subsections (a), (c), and (d), the word “Administrator” in sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752, 798) is retained on authority of 49:106(g). Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to eliminate unnecessary words. The word “standards” is added for consistency. In subsection (b), the words “his responsibilities under” and “safe” are omitted as surplus. In subsection (c), the words “department, agency, and instrumentality” are substituted for “agency” and “governmental agency” for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is omitted as superseded by 49 App.:1903(b), restated in sections 1105, 1110, and 1111 of the revised title. The word “existing” is omitted as surplus. In subsection (d), the text of 49 App.:1354(e) (last sentence) is omitted because of 49:322(a).
+
+Editorial Notes
+
+Amendments2024—Subsec. (e)(4), (5). Pub. L. 118–63, § 218(c), redesignated par. (5) as (4) and struck out former par. (4) which related to required reporting of list of foreign aviation authorities that were provided services under subsec. (e). Subsec. (e)(6), (7). Pub. L. 118–63, § 358(c)(2), added pars. (6) and (7). 2020—Subsec. (e)(1). Pub. L. 116–260, § 119(g)(1), inserted “The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship.” after “safety or efficiency.” Subsec. (e)(5). Pub. L. 116–260, § 119(g)(2), added par. (5). 2018—Subsec. (a). Pub. L. 115–254, § 1991(c)(2)(A), substituted “the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or” for “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or”, “carried out by that Administrator” for “carried out by the Administrator”, and “, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration,” for “, Under Secretary, or Administrator,”. Subsec. (d). Pub. L. 115–254, § 1991(c)(2)(B), struck out “Under Secretary of Transportation for Security or the” before “Administrator of the Federal Aviation Administration” and substituted “employee of the Federal Aviation Administration” for “employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be,” and “that the Administrator” for “that the Under Secretary or Administrator, as the case may be,”. 2012—Subsec. (e)(1). Pub. L. 112–95, § 207(1), inserted “(whether public or private)” after “authorities” and substituted “safety or efficiency. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6).” for “safety.” Subsec. (e)(2). Pub. L. 112–95, § 207(2), inserted at end “The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.” Subsec. (e)(3). Pub. L. 112–95, § 207(3), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “Funds received by the Administrator pursuant to this section shall be credited to the appropriation from which the expenses were incurred in providing such services.” 2001—Subsec. (a). Pub. L. 107–71, § 140(c)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” before “the Administrator of the Federal Aviation Administration” and substituted “, Under Secretary, or Administrator” for “or Administrator”. Subsec. (d). Pub. L. 107–71, § 140(c)(2), inserted “Under Secretary of Transportation for Security or the” after “The” and substituted “employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be,” for “employee of the Administration” and “the Under Secretary or Administrator, as the case may be, decides” for “the Administrator decides”. 2000—Subsec. (f). Pub. L. 106–181 added subsec. (f). 1994—Subsec. (e). Pub. L. 103–305 added subsec. (e).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
+
+Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
+
+Intra-Agency CoordinationPub. L. 115–254, div. B, title V, § 520, Oct. 5, 2018, 132 Stat. 3362, provided that: “Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall implement a policy that— “(1) designates the Associate Administrator for Commercial Space Transportation as the primary liaison between the commercial space transportation industry and the [Federal Aviation] Administration; “(2) recognizes the necessity of, and set [sic] forth processes for, launch license and permit holder coordination with the Air Traffic Organization on matters including—“(A) the use of air navigation facilities; “(B) airspace safety; and “(C) planning of commercial space launch and launch support activities; “(3) designates a single point of contact within the Air Traffic Organization who is responsible for—“(A) maintaining letters of agreement between a launch license or permit holder and a Federal Aviation Administration facility; “(B) making such letters of agreement available to the Associate Administrator for Commercial Space Transportation; “(C) ensuring that a facility that has entered into such a letter of agreement is aware of and fulfills its responsibilities under the letter; and “(D) liaising between the Air Traffic Organization and the Associate Administrator for Commercial Space Transportation on any matter relating to such a letter of agreement; and “(4) requires the Associate Administrator for Commercial Space Transportation to facilitate, upon the request of a launch license or permit holder—“(A) coordination between a launch license and permit holder and the Air Traffic Organization; and “(B) the negotiation of letters of agreement between a launch license or permit holder and a Federal Aviation Administration facility or the Air Traffic Organization.”
+
+Administrative Services Franchise FundPub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957, as amended by Pub. L. 118–63, title II, § 227, May 16, 2024, 138 Stat. 1062, provided in part that: “There is hereby established in the Treasury a fund, to be available without fiscal year limitation, for the costs of capitalizing and operating such administrative services as the FAA Administrator determines may be performed more advantageously as centralized services, including accounting, international training, payroll, travel, duplicating, multimedia and information technology services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund may be reimbursed after performance or paid in advance from funds available to the FAA and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automated Data Processing (ADP) software and systems (either required or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of FAA financial management, ADP, and support systems: Provided further, That no later than thirty days after the end of each fiscal year, amounts in excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treasury.”
+
+Aircraft Purchase Loan Guarantee ProgramPub. L. 106–69, title III, § 337, Oct. 9, 1999, 113 Stat. 1022, which provided that none of the funds in Pub. L. 106–69 were to be available for activities under the Aircraft Purchase Loan Guarantee Program during fiscal year 2000, was from the Department of Transportation and Related Agencies Appropriations Act, 2000, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 105–277, div. A, § 101(g) [title I], Oct. 21, 1998, 112 Stat. 2681–439, 2681–446. Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431. Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957. Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 442. Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476. Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1205. Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1527. Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 924. Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2161. Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1076. Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2131. Pub. L. 100–202, § 101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–363. Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308. Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1273. Pub. L. 98–473, title I, § 3101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1950. Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 458. Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 339.

legal/us/code/title-49/chapter-401/section-40114.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40114"
+description: "Reports and records"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40114"
+citation: "49 U.S.C. § 40114"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40114"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "8983e19952967158c5252c36499f6176b0760e65e8c01f5d36894a7459b72194"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "798e80f469fd2c84bcf32561edd85c381c8795716b85ae47e38e65f552cfda5c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40114 - Reports and records
+
+## Text
+
+(a) Written Reports.— (1) Except as provided in this part, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall make a written report of each proceeding and investigation under this part in which a formal hearing was held and shall provide a copy to each party to the proceeding or investigation. The report shall include the decision, conclusions, order, and requirements of the Secretary or Administrator as appropriate.
+
+(2) The Secretary (or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the form and way best adapted for public use. A publication of the Secretary or Administrator is competent evidence of its contents.
+
+(b) Public Records.— Except as provided in subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the statistics, tables, and figures contained in reports made to the Secretary under subpart II, are public records. The Secretary is the custodian of those records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Department of Transportation is competent evidence in an investigation by the Secretary and in a judicial proceeding.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40114(a)(1)49 App.:1324(d) (1st, 2d sentences).Aug. 23, 1958, Pub. L. 85–726, §§ 204(d), 313(b), 1103, 72 Stat. 743, 753, 797.  49 App.:1354(b) (1st, 2d sentences).  49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.  49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 40114(a)(2)49 App.:1324(d) (3d, last sentences).  49 App.:1354(b) (3d, last sentences).  49 App.:1551(b)(1)(E).  49 App.:1655(c)(1). 40114(b)49 App.:1503.  49 App.:1551(b)(1)(E). In subsection (a), the word “Administrator” in section 313(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g). In subsection (a)(1), the words “otherwise”, “requirement in the premises”, and “shall be entered of record” are omitted as surplus. In subsection (a)(2), the word “rules” is omitted as being synonymous with “regulations”. The word “prescribes” is added for consistency in the revised title and with other titles of the United States Code. The words “under this chapter” and “information and” are omitted as surplus. The words “A publication of the Secretary or Administrator is competent evidence of its contents” is substituted for 49 App.:1324(d) (last sentence) to eliminate unnecessary words and for consistency. In subsection (b), the words “otherwise”, “all contracts, agreements, understandings, and”, “annual or other”, “of air carriers and other persons”, and “preserved as” are omitted as surplus. The last sentence is substituted for 49 App.:1503 (words after 7th comma) to eliminate unnecessary words and for consistency.
+
+Statutory Notes and Related Subsidiaries
+
+Consolidation or Elimination of Obsolete, Redundant, or Otherwise Unnecessary Reports; Use of Electronic Media FormatPub. L. 112–95, title VIII, § 806, Feb. 14, 2012, 126 Stat. 121, provided that: “(a) Consolidation or Elimination of Reports.—Not later than 2 years after the date of enactment of this Act [Feb. 14, 2012], and every 2 years thereafter, the Administrator of the Federal Aviation Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing—“(1) a list of obsolete, redundant, or otherwise unnecessary reports the Administration is required by law to submit to Congress or publish that the Administrator recommends eliminating or consolidating with other reports; and “(2) an estimate of the cost savings that would result from the elimination or consolidation of those reports. “(b) Use of Electronic Media for Reports.—“(1) In general.—Notwithstanding any other provision of law, the Administration—“(A) may not publish any report required or authorized by law in a printed format; and “(B) shall publish any such report by posting it on the Administration’s Internet Web site in an easily accessible and downloadable electronic format. “(2) Exception.—Paragraph (1) does not apply to any report with respect to which the Administrator determines that—“(A) its publication in a printed format is essential to the mission of the Administration; or “(B) its publication in accordance with the requirements of paragraph (1) would disclose matter—“(i) described in section 552(b) of title 5, United States Code; or “(ii) the disclosure of which would have an adverse impact on aviation safety or security, as determined by the Administrator.”

legal/us/code/title-49/chapter-401/section-40115.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40115"
+description: "Withholding information"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40115"
+citation: "49 U.S.C. § 40115"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40115"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "6185673e5bd99f4915cfa9bbfa10fa57455b42a11a633a13300689a2692c0b45"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "fecc26be5b5e9c330b35a28b2830f8b8ee0c620b6ed34eebe10efaaa2e5fd13a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40115 - Withholding information
+
+## Text
+
+(a) Objections to Disclosure.— (1) A person may object to the public disclosure of information—
+
+(A) in a record filed under this part; or
+
+(B) obtained under this part by the Secretary of Transportation or State or the United States Postal Service.
+
+(2) An objection must be in writing and must state the reasons for the objection. The Secretary of Transportation or State or the Postal Service shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information would—
+
+(A) prejudice the United States Government in preparing and presenting its position in international negotiations; or
+
+(B) have an adverse effect on the competitive position of an air carrier in foreign air transportation.
+
+(b) Withholding Information From Congress.— This section does not authorize information to be withheld from a committee of Congress authorized to have the information.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1111.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4011549 App.:1504.Aug. 23, 1958, Pub. L. 85–726, § 1104, 72 Stat. 797; restated Oct. 24, 1978, Pub. L. 95–504, § 39, 92 Stat. 1743; Feb. 15, 1980, Pub. L. 96–192, § 19, 94 Stat. 43. In subsection (a)(1)(B), the words “the Secretary of Transportation or State or the United States Postal Service” are substituted for “the Board, the Secretary of State, or the Secretary of Transportation” because under 49 App.:1551 the duties of the Civil Aeronautics Board were transferred to the Secretary of Transportation and the Postal Service. In subsection (a)(2), the words “shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information” are substituted for “shall be withheld from public disclosure by the Board, the Secretary of State or the Secretary of Transportation” for clarity and because of the restatement. In subsection (b), the words “The Board, the Secretary of State, or the Secretary of Transportation, as the case may be, shall be responsible for classified information in accordance with appropriate law” are omitted as surplus.

legal/us/code/title-49/chapter-401/section-40116.md

@@ -0,0 +1,115 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40116"
+description: "State taxation"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40116"
+citation: "49 U.S.C. § 40116"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40116"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "4965911533209e27211cb263ffb533399076c12eb557e5c184dcd59fff872264"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "7f5956b5d9220f28ccf8a20565cfe9beb8354674fa87a51e734c1e9a4edc86bf"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40116 - State taxation
+
+## Text
+
+(a) Definition.— In this section, “State” includes the District of Columbia, a territory or possession of the United States, and a political authority of at least 2 States.
+
+(b) Prohibitions.— Except as provided in subsection (c) of this section and section 40117 of this title, a State, a political subdivision of a State, and any person that has purchased or leased an airport under section 47134 of this title may not levy or collect a tax, fee, head charge, or other charge on—
+
+(1) an individual traveling in air commerce;
+
+(2) the transportation of an individual traveling in air commerce;
+
+(3) the sale of air transportation; or
+
+(4) the gross receipts from that air commerce or transportation.
+
+(c) Aircraft Taking Off or Landing in State.— A State or political subdivision of a State may levy or collect a tax on or related to a flight of a commercial aircraft or an activity or service on the aircraft only if the aircraft takes off or lands in the State or political subdivision as part of the flight.
+
+(d) Unreasonable Burdens and Discrimination Against Interstate Commerce.— (1) In this subsection—
+
+(A) “air carrier transportation property” means property (as defined by the Secretary of Transportation) that an air carrier providing air transportation owns or uses.
+
+(B) “assessment” means valuation for a property tax levied by a taxing district.
+
+(C) “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation.
+
+(D) “commercial and industrial property” means property (except transportation property and land used primarily for agriculture or timber growing) devoted to a commercial or industrial use and subject to a property tax levy.
+
+(2) (A) A State, political subdivision of a State, or authority acting for a State or political subdivision may not do any of the following acts because those acts unreasonably burden and discriminate against interstate commerce:
+
+(i) assess air carrier transportation property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.
+
+(ii) levy or collect a tax on an assessment that may not be made under clause (i) of this subparagraph.
+
+(iii) levy or collect an ad valorem property tax on air carrier transportation property at a tax rate greater than the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
+
+(iv) levy or collect a tax, fee, or charge, first taking effect after August 23, 1994, exclusively upon any business located at a commercial service airport or operating as a permittee of such an airport other than a tax, fee, or charge wholly utilized for airport or aeronautical purposes.
+
+(v) except as otherwise provided under section 47133, levy or collect a tax, fee, or charge, first taking effect after the date of enactment of this clause, upon any business located at a commercial service airport or operating as a permittee of such an airport that is not generally imposed on sales or services by that State, political subdivision, or authority unless wholly utilized for airport or aeronautical purposes.
+
+(B) Subparagraph (A) of this paragraph does not apply to an in lieu tax completely used for airport and aeronautical purposes.
+
+(e) Other Allowable Taxes and Charges.— Except as provided in subsection (d) of this section, a State or political subdivision of a State may levy or collect—
+
+(1) taxes (except those taxes enumerated in subsection (b) of this section), including property taxes, net income taxes, franchise taxes, and sales or use taxes on the sale of goods or services; and
+
+(2) reasonable rental charges, landing fees, and other service charges from aircraft operators for using airport facilities of an airport owned or operated by that State or subdivision.
+
+(f) Pay of Air Carrier Employees.— (1) In this subsection—
+
+(A) “pay” means money received by an employee for services.
+
+(B) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
+
+(C) an employee is deemed to have earned 50 percent of the employee’s pay in a State or political subdivision of a State in which the scheduled flight time of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.
+
+(2) The pay of an employee of an air carrier having regularly assigned duties on aircraft in at least 2 States is subject to the income tax laws of only the following:
+
+(A) the State or political subdivision of the State that is the residence of the employee.
+
+(B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
+
+(3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee’s authorized leave or other authorized absence from regular duties on the carrier’s aircraft in order to perform services on behalf of the employee’s airline union shall be subject to the income tax laws of only the following:
+
+(A) The State or political subdivision of the State that is the residence of the employee.
+
+(B) The State or political subdivision of the State in which the employee’s scheduled flight time would have been more than 50 percent of the employee’s total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier’s aircraft.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1111; Pub. L. 103–305, title I, § 112(e), title II, § 208, Aug. 23, 1994, 108 Stat. 1576, 1588; Pub. L. 104–264, title I, § 149(b), Oct. 9, 1996, 110 Stat. 3226; Pub. L. 104–287, § 5(66), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 115–254, div. B, title I, § 159(a), Oct. 5, 2018, 132 Stat. 3220.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40116(a)49 App.:1513(d)(2)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1113(d); added Sept. 3, 1982, Pub. L. 97–248, § 532(b), 96 Stat. 701.  49 App.:1513(f) (words in parentheses).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1113(f); added Nov. 5, 1990, Pub. L. 101–508, § 9125, 104 Stat. 1388–370. 40116(b)49 App.:1513(a).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1113(a); added June 18, 1973, Pub. L. 93–44, § 7(a), 87 Stat. 90; Nov. 5, 1990, Pub. L. 101–508, § 9110(1), 104 Stat. 1388–357. 40116(c)49 App.:1513(f) (less words in parentheses). 40116(d)49 App.:1513(d)(1), (2)(A)–(D), (3). 40116(e)49 App.:1513(b).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1113(b); added June 18, 1973, Pub. L. 93–44, § 7(a), 87 Stat. 90; Sept. 3, 1982, Pub. L. 97–248, § 532(a), 96 Stat. 701. 40116(f) (1)(A), (B)49 App.:1512(c).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1112; added Dec. 23, 1970, Pub. L. 91–569, § 4(a), 84 Stat. 1502; restated Feb. 18, 1980, Pub. L. 96–193, § 402, 94 Stat. 57. 40116(f) (1)(C)49 App.:1512(b). 40116(f)(2)49 App.:1512(a). Subsection (a) is made applicable to subsections (b) and (e) of this section to avoid having to repeat the term being defined. In subsection (a), the words “Commonwealth of Puerto Rico, the Virgin Islands, Guam” are omitted as surplus because of the definition of “territory or possession of the United States” in section 40102(a) of the revised title. The word “authority” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code. In subsection (b), before clause (1), reference to 49 App.:1513(f), restated as subsection (c) of this section, is added for clarity. The words “directly or indirectly” are omitted as surplus. The text of 49 App.:1513(a) (words after “subsection (e) and”) is omitted as surplus. In subsections (d)(2)(A), before clause (i), and (f)(1)(C) and (2), the word “political” is added for consistency in the revised title and with other titles of the Code. In subsection (f)(1)(A), the word “pay” is substituted for “compensation” for consistency in the revised title and with chapter 55 of title 5, United States Code. The words “rendered by the employee in the performance of his duties and shall include wages and salary” are omitted as surplus. In subsection (f)(1)(B), the words “means a State of the United States” are substituted for “also means” for clarity. In subsection (f)(1)(C), the words “of a State” are added for clarity. In subsection (f)(2), before clause (A), the words “as such an employee” are omitted as surplus.
+
+Pub. L. 104–287This amends 49:40116(d)(2)(A)(iv) to conform to the style of title 49 and to set out the effective date for this clause.
+
+Editorial Notes
+
+References in TextThe date of enactment of this clause, referred to in subsec. (d)(2)(A)(v), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
+
+Amendments2018—Subsec. (d)(2)(A)(v). Pub. L. 115–254 added cl. (v). 1996—Subsec. (b). Pub. L. 104–264, in introductory provisions, substituted “a State, a” for “a State or” and inserted “, and any person that has purchased or leased an airport under section 47134 of this title” after “of a State”. Subsec. (d)(2)(A)(iv). Pub. L. 104–287, which directed substitution of “August 23, 1994” for “the date of enactment of this clause”, was executed by making the substitution for “the date of the enactment of this clause” to reflect the probable intent of Congress. Pub. L. 104–287 substituted “levy” for “Levy”. 1994—Subsec. (d)(2)(A)(iv). Pub. L. 103–305, § 112(e), added cl. (iv). Subsec. (f)(3). Pub. L. 103–305, § 208, added par. (3).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
+
+Construction of 2018 AmendmentPub. L. 115–254, div. B, title I, § 159(b), Oct. 5, 2018, 132 Stat. 3220, provided that: “Nothing in this section [amending this section] or an amendment made by this section shall affect a change to a rate or other provision of a tax, fee, or charge under section 40116 of title 49, United States Code, that was enacted prior to the date of enactment of this Act [Oct. 5, 2018]. Such provision of a tax, fee, or charge shall continue to be subject to the requirements to which such provision was subject under that section as in effect on the day before the date of enactment of this Act.”

legal/us/code/title-49/chapter-401/section-40118.md

@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40118"
+description: "Government-financed air transportation"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40118"
+citation: "49 U.S.C. § 40118"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40118"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "301e09576443d0ddb1c10495f70003e9a6c9b43235615059a9adfcceaa2a994e"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "ab7ce5d0a1ae04a09588aab080a0a1d9a4e621aa888668f47ed83e6210bcaa51"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40118 - Government-financed air transportation
+
+## Text
+
+(a) Transportation by Air Carriers Holding Certificates.— A department, agency, or instrumentality of the United States Government shall take necessary steps to ensure that the transportation of passengers and property by air is provided by an air carrier holding a certificate under section 41102 of this title if—
+
+(1) the department, agency, or instrumentality—
+
+(A) obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government; or
+
+(B) provides the transportation to or for a foreign country or international or other organization without reimbursement;
+
+(2) the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and
+
+(3) the air carrier is—
+
+(A) available, if the transportation is between a place in the United States and a place outside the United States; or
+
+(B) reasonably available, if the transportation is between 2 places outside the United States.
+
+(b) Transportation by Foreign Air Carriers.— This section does not preclude the transportation of passengers and property by a foreign air carrier if the transportation is provided under a bilateral or multilateral air transportation agreement to which the Government and the government of a foreign country are parties if the agreement—
+
+(1) is consistent with the goals for international aviation policy of section 40101(e) of this title; and
+
+(2) provides for the exchange of rights or benefits of similar magnitude.
+
+(c) Transportation of Certain Domestic Animals by Foreign Air Carriers.— (1) In general.— This section does not preclude the transportation of a passenger and the property of such passenger by a foreign air carrier if—
+
+(A) such passenger is a member of the Armed Forces or civilian employee of the Department of Defense;
+
+(B) such property includes at least 1 and not more than 3 domestic animals traveling with such passenger;
+
+(C) such transportation is—
+
+(i) between a place in the United States and a place outside the United States; or
+
+(ii) between 2 places outside the United States; and
+
+(D) no air carrier holding a certificate under section 41102 is willing and able to provide such transportation.
+
+(2) Responsibility of individual to cover certain costs.— If the cost for the transportation of a passenger and property under paragraph (1) exceeds the cost that would have been owed had such transportation been provided by an air carrier holding a certificate under section 41102, the passenger shall be responsible for paying the difference between such amounts.
+
+(3) Domestic animal defined.— In this section, the term “domestic animal” means a domestic cat (Felis catus) or a domestic dog (Canis familiaris).
+
+(d) Proof.— The Administrator of General Services shall prescribe regulations under which agencies may allow the expenditure of an appropriation for transportation in violation of this section only when satisfactory proof is presented showing the necessity for the transportation.
+
+(e) Certain Transportation by Air Outside the United States.— Notwithstanding subsections (a) and (d) of this section, any amount appropriated to the Secretary of State or the Administrator of the Agency for International Development may be used to pay for the transportation of an officer or employee of the Department of State or one of those agencies, a dependent of the officer or employee, and accompanying baggage, by a foreign air carrier when the transportation is between 2 places outside the United States.
+
+(f) Relationship to Other Laws.— This section does not affect the application of the antidiscrimination provisions of this part.
+
+(g) Prohibition of Certification or Contract Clause.— (1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the transportation of commercial products in order to implement a requirement in this section.
+
+(2) In paragraph (1), the term “commercial product” has the meaning given such term in section 103 of title 41, except that it shall not include a contract for the transportation by air of passengers.
+
+(h) Training Requirements.— The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier submits to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S. Customs and Border Protection an annual report regarding—
+
+(1) the number of personnel trained in the detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), including the training required under section 44734(a)(4);
+
+(2) the number of notifications of potential human trafficking victims received from staff or other passengers; and
+
+(3) whether the air carrier notified the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1116; Pub. L. 103–355, title VIII, § 8301(h), Oct. 13, 1994, 108 Stat. 3398; Pub. L. 104–287, § 5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 104–316, title I, § 127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(h), title XIII, § 1335(p), title XIV, § 1422(b)(6), Oct. 21, 1998, 112 Stat. 2681–775, 2681–789, 2681–793; Pub. L. 108–176, title VIII, § 806, Dec. 12, 2003, 117 Stat. 2588; Pub. L. 111–350, § 5(o)(8), Jan. 4, 2011, 124 Stat. 3854; Pub. L. 115–232, div. A, title VIII, § 836(g)(9), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 115–425, title I, § 111(a), Jan. 8, 2019, 132 Stat. 5475; Pub. L. 118–63, title XI, § 1101(g), May 16, 2024, 138 Stat. 1413; Pub. L. 119–60, div. A, title III, § 377, Dec. 18, 2025, 139 Stat. 841.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40118(a)49 App.:1517(a), (b).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1117; added Jan. 3, 1975, Pub. L. 93–623, § 5(a), 88 Stat. 2104; restated Feb. 15, 1980, Pub. L. 96–192, § 21, 94 Stat. 43.  49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 40118(b)49 App.:1517(c). 40118(c)49 App.:1517(d) (1st sentence). 40118(d)49 App.:1518.Oct. 7, 1978, Pub. L. 95–426, § 706, 92 Stat. 992. 40118(e)49 App.:1517(d) (last sentence). In this section, the word “passengers” is substituted for “persons” for consistency in the revised title. The words “(and their personal effects)” are omitted as being included in “property”. In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section” are omitted as surplus. The words “department, agency, or instrumentality” are substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “or agencies” are omitted because of 1:1. In clause (1), before subclause (A), the words “executive” and “other” are omitted as surplus. In subclause (A), the words “procure, contract for, or otherwise” are omitted as surplus. The words “for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government” are substituted for “in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted or utilized by or otherwise” for clarity and to eliminate unnecessary words. In subclause (B), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the Code. The words “international or other organization” are substituted for “international agency, or other organization, of whatever nationality” to eliminate unnecessary words. The words “provisions for” are omitted as surplus. In subsection (b), before clause (1), the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the Code. The words “or governments” are omitted because of 1:1. In subsection (c), the words “for payment for personnel or cargo transportation” are omitted as surplus. In subsection (d), the words “the limitations established by” are omitted as surplus. The words “after October 7, 1978” are omitted as executed. The words “Secretary of State” are substituted for “Department of State” because of 22:2651. The words “Director of the United States Information Agency” are substituted for “International Communication Agency” in section 706 of the Act of October 7, 1978 (Public Law 95–426, 92 Stat. 992), because of section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978, 91 Stat. 1636) and section 303(b) of the United States Information Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law 97–241, 96 Stat. 291). The words “Director of the United States International Development Cooperation Agency” are substituted for “Agency for International Development (or any successor agency)” in section 706 because of section 6(a)(3) of Reorganization Plan No. 2 of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words “a foreign air carrier” are substituted for “air carriers which do not hold certificates under section 1371 of this Appendix” for clarity. See H. Conf. Rept. No. 95–1535, 95th Cong., 2d Sess., p. 45 (1978). In subsection (e), the word “affect” is substituted for “prevent” for clarity. The words “to such traffic” are omitted as surplus.
+
+Pub. L. 104–287, § 5(68)(A)This amends the catchline for 49:40118(d) to make a clarifying amendment.
+
+Pub. L. 104–287, § 5(68)(B)This amends 49:40118(f)(1) to make a clarifying amendment.
+
+Editorial Notes
+
+Amendments2025—Subsecs. (c), (d). Pub. L. 119–60, § 377(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 119–60, § 377(1), (3), redesignated subsec. (d) as (e) and substituted “subsections (a) and (d)” for “subsections (a) and (c)”. Former subsec. (e) redesignated (f). Subsecs. (f) to (h). Pub. L. 119–60, § 377(1), redesignated subsecs. (e) to (g) as (f) to (h), respectively. 2024—Subsec. (g)(1). Pub. L. 118–63 substituted “detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)” for “detection and reporting of potential human trafficking (as described in paragraphs (9) and (10)”. 2019—Subsec. (g). Pub. L. 115–425 added subsec. (g). 2018—Subsec. (f)(1). Pub. L. 115–232, § 836(g)(9)(A), substituted “commercial products” for “commercial items”. Subsec. (f)(2). Pub. L. 115–232, § 836(g)(9)(B), substituted “commercial product” for “commercial item”. 2011—Subsec. (f)(2). Pub. L. 111–350 substituted “section 103 of title 41” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))”. 2003—Subsec. (f)(2). Pub. L. 108–176 inserted “, except that it shall not include a contract for the transportation by air of passengers” before period at end. 1998—Subsec. (d). Pub. L. 105–277, § 1422(b)(6), substituted “or the Administrator of the Agency for International Development” for “the Director of the United States International Development Cooperation Agency”. Pub. L. 105–277, § 1335(p), struck out “, the Director of the United States Information Agency,” after “Secretary of State”. Pub. L. 105–277, § 1225(h), struck out “, or the Director of the Arms Control and Disarmament Agency” before “may be used to pay”. 1996—Subsec. (c). Pub. L. 104–316 substituted “Administrator of General Services shall prescribe regulations under which agencies may” for “Comptroller General shall”. Subsec. (d). Pub. L. 104–287, § 5(68)(A), substituted “Certain Transportation by Air Outside the United States” for “Transportation by Foreign Air Carriers” in heading. Subsec. (f). Pub. L. 104–287, § 5(68)(B), inserted heading. 1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2019 AmendmentPub. L. 115–425, title I, § 111(b), Jan. 8, 2019, 132 Stat. 5475, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any contract entered into after the date of enactment of this Act [Jan. 8, 2019] except for contracts entered into by the Secretary of Defense.”
+
+Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
+
+Effective Date of 1994 AmendmentFor effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.
+
+Effective Date of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
+
+Effective Date of 1998 AmendmentAmendment by section 1225(h) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. Amendment by section 1335(p) of Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of Title 22. Amendment by section 1422(b)(6) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States International Development Cooperation Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of Title 22.
+
+Effective Date of 1994 AmendmentFor effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of Title 41, Public Contracts.

legal/us/code/title-49/chapter-401/section-40119.md

@@ -0,0 +1,67 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40119"
+description: "Sensitive security information"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40119"
+citation: "49 U.S.C. § 40119"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40119"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "d60cb30bdbd562afb3eed92572239ff011c5d70512d424e07547e4e79871849f"
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+text_hash: "55e6181a1fe24eeb0b2e4bb68213b2198a1beb4a698405dea08d774b0e9a5d7b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40119 - Sensitive security information
+
+## Text
+
+(a) Disclosure.— (1) Regulations prohibiting disclosure.— Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would—
+
+(A) be an unwarranted invasion of personal privacy;
+
+(B) reveal a trade secret or privileged or confidential commercial or financial information; or
+
+(C) be detrimental to transportation safety.
+
+(2) Disclosure to congress.— Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information.
+
+(3) Rule of construction.— Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to—
+
+(A) conceal a violation of law, inefficiency, or administrative error;
+
+(B) prevent embarrassment to a person, organization, or agency;
+
+(C) restrain competition; or
+
+(D) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
+
+(4) Law enforcement disclosure.— Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.
+
+(b) Transfers of Duties and Powers Prohibited.— Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.
+
+(Added Pub. L. 118–63, title II, § 223(a), May 16, 2024, 138 Stat. 1060.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 40119, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107–71, title I, § 101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107–296, title XVI, § 1601(a), Nov. 25, 2002, 116 Stat. 2312; Pub. L. 111–83, title V, § 561(c)(2), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 112–95, title VIII, § 801, Feb. 14, 2012, 126 Stat. 118, related to research and development activities to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security and regulations prohibiting disclosure of information obtained or developed in ensuring security under this title, prior to repeal by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DatePub. L. 118–63, title II, § 223(b), May 16, 2024, 138 Stat. 1061, provided that: “The amendments made by this section [enacting this section] shall be effective as of October 5, 2018, and all authority restored to the Secretary [of Transportation] and the FAA [Federal Aviation Administration] under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254) [see Prior Provisions note above].”

legal/us/code/title-49/chapter-401/section-40120.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40120"
+description: "Relationship to other laws"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40120"
+citation: "49 U.S.C. § 40120"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40120"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "0ba050fe0b6f9fbdc5f60965e95e3307c9f116d49bc8e40e6a030e065de22a2b"
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+text_hash: "6b9643ce66a9b1e73f53c29fb1b4c32b1c54450362ae61612f8890739089bc0c"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40120 - Relationship to other laws
+
+## Text
+
+(a) Nonapplication.— Except as provided in the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and shipping laws of the United States and the rules for the prevention of collisions do not apply to aircraft or to the navigation of vessels related to those aircraft.
+
+(b) Extending Application Outside United States.— The President may extend (in the way and for periods the President considers necessary) the application of this part to outside the United States when—
+
+(1) an international arrangement gives the United States Government authority to make the extension; and
+
+(2) the President decides the extension is in the national interest.
+
+(c) Additional Remedies.— A remedy under this part is in addition to any other remedies provided by law.
+
+(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 40120(a)49 App.:1509(a).Aug. 23, 1958, Pub. L. 85–726, §§ 1106, 1109(a), 1110, 72 Stat. 798, 799, 800. 40120(b)49 App.:1510. 40120(c)49 App.:1506. In subsection (a), the words “International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.)” are substituted for “sections 143 to 147d of title 33” because those sections were repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608. The words “including any definition of ‘vessel’ or ‘vehicle’ found therein” and “be construed to” are omitted as surplus. In subsection (b), before clause (1), the words “to the extent”, “of time”, and “any areas of land or water” are omitted as surplus. The words “and the overlying airspace thereof” are omitted as being included in “outside the United States”. In clause (1), the words “treaty, agreement or other lawful” and “necessary legal” are omitted as surplus. Subsection (c) is substituted for 49 App.:1506 to eliminate unnecessary words and for clarity and consistency in the revised title and with other titles of the United States Code.
+
+Editorial Notes
+
+References in TextThe International Navigational Rules Act of 1977, referred to in subsec. (a), is Pub. L. 95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§ 1601 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables.
+
+Executive Documents
+
+Ex. Ord. No. 10854. Extension of Application Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided: The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. § 1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the extent necessary to permit the Secretary of Transportation to accomplish the purposes and objectives of Titles III [former 49 U.S.C. 1341 et seq., see Disposition Table at beginning of this title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is hereby extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transportation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting national-defense interests, and shall not take any action which the Secretary of State determines to be in conflict with any international treaty or agreement to which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations of the United States, or which the Secretary of Defense determines to be inconsistent with the requirements of national defense.

legal/us/code/title-49/chapter-401/section-40121.md

@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40121"
+description: "Air traffic control modernization reviews"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40121"
+citation: "49 U.S.C. § 40121"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40121"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "834cece8da8e0ff4624c42eb032c4d8aded99fdb3a82c84e4c32c782e6340009"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "7f59f08cc069d62fb2ab98bd0fcc0e5c59998977873fec62c85c6e13961f8ac4"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40121 - Air traffic control modernization reviews
+
+## Text
+
+(a) Required Terminations of Acquisitions.— The Administrator of the Federal Aviation Administration shall terminate any acquisition program initiated after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and funded under the Facilities and Equipment account that—
+
+(1) is more than 50 percent over the cost goal established for the program;
+
+(2) fails to achieve at least 50 percent of the performance goals established for the program; or
+
+(3) is more than 50 percent behind schedule as determined in accordance with the schedule goal established for the program.
+
+(b) Authorized Termination of Acquisition Programs.— The Administrator shall consider terminating, under the authority of subsection (a), any substantial acquisition program that—
+
+(1) is more than 10 percent over the cost goal established for the program;
+
+(2) fails to achieve at least 90 percent of the performance goals established for the program; or
+
+(3) is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.
+
+(c) Exceptions and Report.— (1) Continuance of program, etc.— Notwithstanding subsection (a), the Administrator may continue an acquisitions program required to be terminated under subsection (a) if the Administrator determines that termination would be inconsistent with the development or operation of the national air transportation system in a safe and efficient manner.
+
+(2) Department of defense.— The Department of Defense shall have the same exemptions from acquisition laws as are waived by the Administrator under section 40110(d)(2) of this title when engaged in joint actions to improve or replenish the national air traffic control system. The Administration may acquire real property, goods, and services through the Department of Defense, or other appropriate agencies, but is bound by the acquisition laws and regulations governing those cases.
+
+(3) Report.— If the Administrator makes a determination under paragraph (1), the Administrator shall transmit a copy of the determination, together with a statement of the basis for the determination, to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.
+
+(Added Pub. L. 104–264, title II, § 252, Oct. 9, 1996, 110 Stat. 3236; amended Pub. L. 106–181, title III, § 307(c)(2), Apr. 5, 2000, 114 Stat. 126.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (a), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
+
+Codification Another section 40121 was renumbered section 40124 of this title.
+
+Amendments2000—Subsec. (c)(2). Pub. L. 106–181 substituted “section 40110(d)(2) of this title” for “section 348(b) of Public Law 104–50”.
+
+Effective Date of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

legal/us/code/title-49/chapter-401/section-40122.md

@@ -0,0 +1,163 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40122"
+description: "Federal Aviation Administration personnel management system"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40122"
+citation: "49 U.S.C. § 40122"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40122"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "4746b2ad5f4adad7efeb96be999facabe9c7255771eebffe7de440f75e3d0459"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "b2b62a64b4886a51a73522c0d3119926a1eef897e2333560c72edeaae55fab1a"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40122 - Federal Aviation Administration personnel management system
+
+## Text
+
+(a) In General.— (1) Consultation and negotiation.— In developing and making changes to the personnel management system initially implemented by the Administrator of the Federal Aviation Administration on April 1, 1996, the Administrator shall negotiate with the exclusive bargaining representatives of employees of the Administration certified under section 7111 of title 5 and consult with other employees of the Administration.
+
+(2) Dispute resolution.— (A) Mediation.— If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative—
+
+(i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or
+
+(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.
+
+(B) Mid-term bargaining.— If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a mid-term collective-bargaining agreement, the Federal Service Impasses Panel shall assist the parties in resolving the impasse in accordance with section 7119 of title 5.
+
+(C) Binding arbitration for term bargaining.— (i) Assistance from federal service impasses panel.— If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the “parties”) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.
+
+(ii) Appointment of arbitration board.— The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Not later than 10 days after receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list not later than 7 days after being selected. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person in 7 days, the parties shall make the selection by alternately striking names on the list until one arbitrator remains.
+
+(iii) Framing issues in controversy.— If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.
+
+(iv) Hearings.— The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.
+
+(v) Decisions.— The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.
+
+(vi) Matters for consideration.— The arbitration board shall take into consideration such factors as—
+
+(I) the effect of its arbitration decisions on the Federal Aviation Administration’s ability to attract and retain a qualified workforce;
+
+(II) the effect of its arbitration decisions on the Federal Aviation Administration’s budget; and
+
+(III) any other factors whose consideration would assist the board in fashioning a fair and equitable award.
+
+(vii) Costs.— The parties shall share costs of the arbitration equally.
+
+(3) Ratification of agreements.— Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(C), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and the final agreement shall be subject to approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).
+
+(4) Cost savings and productivity goals.— The Administration and the exclusive bargaining representatives of the employees shall use every reasonable effort to find cost savings and to increase productivity within each of the affected bargaining units.
+
+(5) Annual budget discussions.— The Administration and the exclusive bargaining representatives of the employees shall meet annually for the purpose of finding additional cost savings within the Administration’s annual budget as it applies to each of the affected bargaining units and throughout the agency.
+
+(b) Expert Evaluation.— On the date that is 3 years after the personnel management system is implemented, the Administration shall employ outside experts to provide an independent evaluation of the effectiveness of the system within 3 months after such date. For this purpose, the Administrator may utilize the services of experts and consultants under section 3109 of title 5 without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary.
+
+(c) Pay Restriction.— No officer or employee of the Administration may receive an annual rate of basic pay in excess of the annual rate of basic pay payable to the Administrator.
+
+(d) Ethics.— The Administration shall be subject to Executive Order No. 12674 and regulations and opinions promulgated by the Office of Government Ethics, including those set forth in section 2635 of title 5 of the Code of Federal Regulations.
+
+(e) Employee Protections.— Until July 1, 1999, basic wages (including locality pay) and operational differential pay provided employees of the Administration shall not be involuntarily adversely affected by reason of the enactment of this section, except for unacceptable performance or by reason of a reduction in force or reorganization or by agreement between the Administration and the affected employees’ exclusive bargaining representative.
+
+(f) Labor-Management Agreements.— Except as otherwise provided by this title, all labor-management agreements covering employees of the Administration that are in effect on the effective date of the Air Traffic Management System Performance Improvement Act of 1996 shall remain in effect until their normal expiration date, unless the Administrator and the exclusive bargaining representative agree to the contrary.
+
+(g) Personnel Management System.— (1) In general.— In consultation with the employees of the Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel laws, the Administrator shall develop and implement, not later than January 1, 1996, a personnel management system for the Administration that addresses the unique demands on the agency’s workforce. Such a new system shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel.
+
+(2) Applicability of title 5.— The provisions of title 5 shall not apply to the new personnel management system developed and implemented pursuant to paragraph (1), with the exception of—
+
+(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;
+
+(B) sections 3304(f),11 See References in Text note below. to the extent consistent with the Federal Aviation Administration’s status as an excepted service agency, 3308–3320, 3330a, 3330b, 3330c, and 3330d, relating to veterans’ preference;
+
+(C) chapter 71, relating to labor-management relations;
+
+(D) section 7204, relating to antidiscrimination;
+
+(E) chapter 73, relating to suitability, security, and conduct;
+
+(F) chapter 81, relating to compensation for work injury;
+
+(G) chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage;
+
+(H) sections 1204, 1211–1218, 1221, and 7701–7703, relating to the Merit Systems Protection Board;
+
+(I) subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards) and subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distinguished Senior Professional rank awards), except that—
+
+(i) for purposes of applying such provisions to the personnel management system—
+
+(I) the term “agency” means the Department of Transportation;
+
+(II) the term “senior executive” means a Federal Aviation Administration executive;
+
+(III) the term “career appointee” means a Federal Aviation Administration career executive; and
+
+(IV) the term “senior career employee” means a Federal Aviation Administration career senior professional;
+
+(ii) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and
+
+(iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and
+
+(J) subject to paragraph (4) of this subsection, section 6329, relating to disabled veteran leave.
+
+(3) Appeals to merit systems protection board.— Under the new personnel management system developed and implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of March 31, 1996. Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.
+
+(4) Certification of disabled veteran leave.— In order to verify that leave credited to an employee pursuant to paragraph (2)(J) is used for treating a service-connected disability, that employee shall, notwithstanding section 6329(c) of title 5, submit to the Assistant Administrator for Human Resource Management of the Federal Aviation Administration certification, in such form and manner as the Administrator of the Federal Aviation Administration may prescribe, that the employee used that leave for purposes of being furnished treatment for that disability by a health care provider.
+
+(5) Paid parental leave.— The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum, consistent with the paid parental leave benefits provided under section 6382 of title 5.
+
+(6) Effective date.— This subsection shall take effect on April 1, 1996.
+
+(7) Remote positions.— (A) In general.— If the Administrator determines that a covered position has not been filled after multiple vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based.
+
+(B) Covered position defined.— In this paragraph, the term “covered position” means a safety-critical position, to include personnel located at contract towers, based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.
+
+(h) Right To Contest Adverse Personnel Actions.— An employee of the Federal Aviation Administration who is the subject of a major adverse personnel action may contest the action either through any contractual grievance procedure that is applicable to the employee as a member of the collective bargaining unit or through the Administration’s internal process relating to review of major adverse personnel actions of the Administration, known as Guaranteed Fair Treatment, or under section 40122(g)(3).
+
+(i) Election of Forum.— Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual grievance procedure, the Federal Aviation Administration’s internal process, or that of the Merit Systems Protection Board), an employee must elect the forum through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless otherwise allowed by law.
+
+(j) Definition.— In this section, the term “major adverse personnel action” means a suspension of more than 14 days, a reduction in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.
+
+(Added Pub. L. 104–264, title II, § 253, Oct. 9, 1996, 110 Stat. 3237; amended Pub. L. 106–181, title III, §§ 307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126; Pub. L. 112–95, title VI, §§ 601, 602, 611, Feb. 14, 2012, 126 Stat. 109, 111, 117; Pub. L. 114–242, § 2(a), (b), Oct. 7, 2016, 130 Stat. 978; Pub. L. 115–254, div. B, title V, § 531, Oct. 5, 2018, 132 Stat. 3366; Pub. L. 116–283, div. A, title XI, § 1103(c)(1), Jan. 1, 2021, 134 Stat. 3887; Pub. L. 118–63, title III, § 342(b), May 16, 2024, 138 Stat. 1099.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012. Executive Order No. 12674, referred to in subsec. (d), is set out as a note under section 7301 of Title 5, Government Organization and Employees. The effective date of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is the date that is 30 days after Oct. 9, 1996. See section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. Section 3304(f) of title 5, referred to in subsec. (g)(2)(B), was redesignated section 3304(l) of title 5 by Pub. L. 118–188, § 2(a)(1)(A), Dec. 23, 2024, 138 Stat. 2644.
+
+Amendments2024—Subsec. (g)(7). Pub. L. 118–63 added par. (7). 2021—Subsec. (g)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6). 2018—Subsec. (g)(2)(B). Pub. L. 115–254 inserted “3304(f), to the extent consistent with the Federal Aviation Administration’s status as an excepted service agency,” before “3308–3320” and “3330a, 3330b, 3330c, and 3330d,” before “relating”. 2016—Subsec. (g)(2)(J). Pub. L. 114–242, § 2(a), added subpar. (J). Subsec. (g)(4), (5). Pub. L. 114–242, § 2(b), added par. (4) and redesignated former par. (4) as (5). 2012—Subsec. (a)(2) to (5). Pub. L. 112–95, § 601, added pars. (2) and (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “If the Administrator does not reach an agreement under paragraph (1) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement. If the services of the Federal Mediation and Conciliation Service do not lead to an agreement, the Administrator’s proposed change to the personnel management system shall not take effect until 60 days have elapsed after the Administrator has transmitted the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for such objections, to Congress. The 60-day period shall not include any period during which Congress has adjourned sine die.” Subsec. (g)(2)(I). Pub. L. 112–95, § 602, added subpar. (I). Subsec. (g)(3). Pub. L. 112–95, § 611, inserted at end “Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.” 2000—Subsec. (a)(2). Pub. L. 106–181, § 308(a), inserted at end “The 60-day period shall not include any period during which Congress has adjourned sine die.” Subsec. (g). Pub. L. 106–181, § 307(a), added subsec. (g). Subsecs. (h) to (j). Pub. L. 106–181, § 308(b), added subsecs. (h) to (j).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2021 AmendmentPub. L. 116–283, div. A, title XI, § 1103(c)(2), Jan. 1, 2021, 134 Stat. 3887, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to any birth or placement occurring on or after October 1, 2020.”
+
+Effective Date of 2000 AmendmentAmendment 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 DateSection effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
+
+Rule of ConstructionPub. L. 116–283, div. A, title XI, § 1103(c)(3), Jan. 1, 2021, 134 Stat. 3887, provided that: “Nothing in this subsection, or any amendment made by this subsection [amending this section], may be construed to affect leave provided to an employee of the Transportation Security Administration before October 1, 2020.”
+
+Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
+
+Annual Rate of Pay Increase for Positions in Office of Aerospace MedicinePub. L. 119–75, div. D, title I, § 119I, Feb. 3, 2026, 140 Stat. 342, provided that: “Notwithstanding section 40122(c) of title 49, United States Code, for this year and thereafter, the Administrator of the Federal Aviation Administration, in consultation with the Federal Air Surgeon, may increase the annual rate of basic pay for positions in the Office of Aerospace Medicine requiring a medical degree up to the annual compensation paid under section 102 of title 3, United States Code.”
+
+Office of Investigations and Professional Responsibility; Misconduct InvestigationsPub. L. 116–260, div. V, title I, § 133(c), (d), Dec. 27, 2020, 134 Stat. 2355, provided that: “(c) Office of Investigations and Professional Responsibility.—The Administrator shall take such action as may be necessary to redesignate the Office of Investigations of the Administration as the Office of Investigations and Professional Responsibility. “(d) Misconduct Investigations.—“(1) In general.—The Administrator shall review and revise the Administration’s existing investigative policies that govern the investigation of misconduct by a manager of the Administration conducted by the FAA (in this subsection referred to as the ‘Agency’). “(2) Preservation of collective bargaining agreements.—The investigative policy established under paragraph (1) shall not apply to, or in the future, be extended by the Administrator to apply to, any employee who is not a manager or is covered by or eligible to be covered by a collective bargaining agreement entered into by the Agency. “(3) Requirements.—In revising the investigative policies, the Administrator shall ensure such policies require—“(A) the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and reporting of such investigation; “(B) the management of case files to ensure the integrity of the information contained in such case files; “(C) interviews be conducted in a manner that ensures, to the greatest extent possible, truthful answers and accurate records of such interviews; “(D) coordination with the Office of the Inspector General of the Department of Transportation, the Office of the Special Counsel, and the Attorney General, as appropriate; and “(E) the completion of investigations in a timely manner. “(4) Definition.—For purposes of this subsection, the term ‘manager’ means an employee of the Agency who is a supervisor or management official, as defined in section 7103(a) of title 5, United States Code.” [For definitions of terms used in section 133(c), (d) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
+
+Application of 2016 AmendmentPub. L. 114–242, § 2(c), Oct. 7, 2016, 130 Stat. 978, provided that: “The amendments made by this section [amending this section] shall apply with respect to any employee of the Federal Aviation Administration hired on or after the date that is one year after the date of the enactment of this Act [Oct. 7, 2016].”
+
+Policies and ProceduresPub. L. 114–242, § 2(d), Oct. 7, 2016, 130 Stat. 978, provided that: “Not later than 270 days after the date of the enactment of this Act [Oct. 7, 2016], the Administrator of the Federal Aviation Administration shall prescribe policies and procedures to carry out the amendments made by this section [amending this section] that are comparable, to the maximum extent practicable, to the regulations prescribed by the Office of Personnel Management under section 6329 of title 5, United States Code.”

legal/us/code/title-49/chapter-401/section-40123.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40123"
+description: "Protection of voluntarily submitted information"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40123"
+citation: "49 U.S.C. § 40123"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40123"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "2890068a0928bafd502a0d55450336550125a86c05e6ed90e2688aa669e20659"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "adddb1714e08ca7aa681f18913df83dd0a5eccc47c28f1681981dea5c2e083f6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40123 - Protection of voluntarily submitted information
+
+## Text
+
+(a) In General.— Notwithstanding any other provision of law, including section 552(b)(3)(B) of title 5, neither the Administrator of the Federal Aviation Administration, nor any agency or third party receiving information from the Administrator, shall disclose voluntarily-provided safety or security related information if the Administrator finds that—
+
+(1) the disclosure of the information would inhibit the voluntary provision of that type of information and that the receipt of that type of information aids in fulfilling the Administrator’s safety and security responsibilities; and
+
+(2) withholding such information from disclosure would be consistent with the Administrator’s safety and security responsibilities.
+
+(b) Regulations.— The Administrator shall issue regulations to carry out this section.
+
+(Added Pub. L. 104–264, title IV, § 402(a), Oct. 9, 1996, 110 Stat. 3255; amended Pub. L. 118–63, title III, § 354(a), May 16, 2024, 138 Stat. 1113.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2024—Subsec. (a). Pub. L. 118–63 inserted “, including section 552(b)(3)(B) of title 5” after “Notwithstanding any other provision of law” and “or third party” after “nor any agency” in introductory provisions.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateExcept as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
+
+Review of Protection From DisclosurePub. L. 118–63, title III, § 354(b), May 16, 2024, 138 Stat. 1114, provided that: “Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review and update part 193 of title 14, Code of Federal Regulations, and review section 44735 of title 49, United States Code, to ensure such laws and regulations designate and protect from disclosure information or data submitted, collected, or obtained by the Administrator under voluntary safety programs, including the following: “(1) Aviation Safety Action Program. “(2) Flight Operational Quality Assurance. “(3) Line Operations Safety Assessments. “(4) Air Traffic Safety Action Program. “(5) Technical Operations Safety Action Program. “(6) Such other voluntarily submitted information or programs as the Administrator determines appropriate.”
+
+Improved Voluntary Disclosure Reporting SystemPub. L. 112–95, title III, § 344, Feb. 14, 2012, 126 Stat. 81, provided that: “(a) Voluntary Disclosure Reporting Program Defined.—In this section, the term ‘Voluntary Disclosure Reporting Program’ means the program established by the Federal Aviation Administration through Advisory Circular 00–58A, dated September 8, 2006, including any subsequent revisions thereto. “(b) Verification.—The Administrator of the Federal Aviation Administration shall modify the Voluntary Disclosure Reporting Program to require inspectors to—“(1) verify that air carriers are implementing comprehensive solutions to correct the underlying causes of the violations voluntarily disclosed by such air carriers; and “(2) confirm, before approving a final report of a violation, that a violation with the same root causes, has not been previously discovered by an inspector or self-disclosed by the air carrier. “(c) Supervisory Review of Voluntary Self-Disclosures.—The Administrator shall establish a process by which voluntary self-disclosures received from air carriers are reviewed and approved by a supervisor after the initial review by an inspector. “(d) Inspector General Study.—“(1) In general.—The Inspector General of the Department of Transportation shall conduct a study of the Voluntary Disclosure Reporting Program. “(2) Review.—In conducting the study, the Inspector General shall examine, at a minimum, if the Administration—“(A) conducts comprehensive reviews of voluntary disclosure reports before closing a voluntary disclosure report under the provisions of the program; “(B) evaluates the effectiveness of corrective actions taken by air carriers; and “(C) effectively prevents abuse of the voluntary disclosure reporting program through its secondary review of self-disclosures before they are accepted and closed by the Administration. “(3) Report to congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this section.”

legal/us/code/title-49/chapter-401/section-40124.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40124"
+description: "Interstate agreements for airport facilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40124"
+citation: "49 U.S.C. § 40124"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40124"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "d34e84d3a0a7f6b719011a333525b29094a3fd3ff980709e7d1e7c536ad0593a"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "74c76bac3b22fde0323a5fcb44bb65fb06812844da6dffb30f20125141bd8957"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40124 - Interstate agreements for airport facilities
+
+## Text
+
+Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility.
+
+(Added Pub. L. 104–287, § 5(69)(A), Oct. 11, 1996, 110 Stat. 3395, § 40121; renumbered § 40124, Pub. L. 105–102, § 3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)
+
+## Notes
+
+Historical and Revision NotesThis restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.
+
+Editorial Notes
+
+Amendments1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1997 AmendmentPub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(B) is effective Oct. 11, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

legal/us/code/title-49/chapter-401/section-40125.md

@@ -0,0 +1,83 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40125"
+description: "Qualifications for public aircraft status"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40125"
+citation: "49 U.S.C. § 40125"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40125"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "ee197aa464569dafffd1509026fb9a79e9b1aa427f3c742abe151a81c36045ee"
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+text_hash: "0815b7fcc3f104e075d5cdb1428a3e0c806681bfaf3f727db9487c8d0bc13960"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40125 - Qualifications for public aircraft status
+
+## Text
+
+(a) Definitions.— In this section, the following definitions apply:
+
+(1) Commercial purposes.— The term “commercial purposes” means the transportation of persons or property for compensation or hire, but does not include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat.
+
+(2) Governmental function.— The term “governmental function” means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, biological or geological resource management (including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental.
+
+(3) Qualified non-crewmember.— The term “qualified non-crewmember” means an individual, other than a member of the crew, aboard an aircraft—
+
+(A) operated by the armed forces or an intelligence agency of the United States Government; or
+
+(B) whose presence is required to perform, or is associated with the performance of, a governmental function.
+
+(4) Armed forces.— The term “armed forces” has the meaning given such term by section 101 of title 10.
+
+(b) Aircraft Owned by Governments.— An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.
+
+(c) Aircraft Owned or Operated by the Armed Forces.— (1) In general.— Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if—
+
+(A) the aircraft is operated in accordance with title 10;
+
+(B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or
+
+(C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest.
+
+(2) Limitation.— An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense.
+
+(d) Search and Rescue Purposes.— An aircraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that—
+
+(1) there are extraordinary circumstances;
+
+(2) the aircraft will be used for the performance of search and rescue missions;
+
+(3) a community would not otherwise have access to search and rescue services; and
+
+(4) a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.
+
+(Added Pub. L. 106–181, title VII, § 702(b)(1), Apr. 5, 2000, 114 Stat. 155; amended Pub. L. 110–181, div. A, title X, § 1078(b), (c), Jan. 28, 2008, 122 Stat. 334; Pub. L. 112–141, div. C, title V, § 35003, July 6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title III, § 355(b), Oct. 5, 2018, 132 Stat. 3305; Pub. L. 118–63, title IX, § 923, May 16, 2024, 138 Stat. 1355.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2024—Subsec. (a)(2). Pub. L. 118–63 substituted “aeronautical research,” for “aeronautical research, or” and inserted “(including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental” after “biological or geological resource management”. 2018—Subsec. (b). Pub. L. 115–254 substituted “(D), or (F)” for “or (D)”. 2012—Subsec. (d). Pub. L. 112–141 added subsec. (d). 2008—Subsec. (b). Pub. L. 110–181, § 1078(c)(1), substituted “section 40102(a)(41)” for “section 40102(a)(37)”. Subsec. (c)(1). Pub. L. 110–181, § 1078(c)(2), substituted “section 40102(a)(41)(E)” for “section 40102(a)(37)(E)” in introductory provisions. Subsec. (c)(1)(C). Pub. L. 110–181, § 1078(b), inserted “or other commercial air service” after “transportation”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
+
+Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
+
+Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

legal/us/code/title-49/chapter-401/section-40126.md

@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40126"
+description: "Severable services contracts for periods crossing fiscal years"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40126"
+citation: "49 U.S.C. § 40126"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40126"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "8c9cf3cb0a8a0f4094ab2318a37566745047901887257d3255444af7aa99388c"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "d0f7f44e3b886f149acfe6a3214a868ddbdfb355bcc5d36e9f5a844a5af1bf22"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40126 - Severable services contracts for periods crossing fiscal years
+
+## Text
+
+(a) In General.— The Administrator of the Federal Aviation Administration may enter into a contract for procurement of severable services for a period that begins in 1 fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed 1 year.
+
+(b) Obligation of Funds.— Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).
+
+(Added Pub. L. 106–181, title VII, § 705(a), Apr. 5, 2000, 114 Stat. 157.)
+
+## Notes
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.

legal/us/code/title-49/chapter-401/section-40127.md

@@ -0,0 +1,45 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40127"
+description: "Prohibitions on discrimination"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40127"
+citation: "49 U.S.C. § 40127"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40127"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "3322174ab259fa0ad22eddeb221951ea80186d927987c5a37a5247fda91c04b4"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "d0d9cf423155a092bfc081d012dab899afcbea4bcc01cf94af1c4889b86cc1d3"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40127 - Prohibitions on discrimination
+
+## Text
+
+(a) Persons in Air Transportation.— An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.
+
+(b) Use of Private Airports.— Notwithstanding any other provision of law, no State or local government may prohibit the use or full enjoyment of a private airport within its jurisdiction by any person on the basis of that person’s race, color, national origin, religion, sex, or ancestry.
+
+(Added Pub. L. 106–181, title VII, § 706(a), Apr. 5, 2000, 114 Stat. 157.)
+
+## Notes
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
+
+Training Policies Regarding Racial, Ethnic, and Religious NondiscriminationPub. L. 115–254, div. B, title IV, § 407, Oct. 5, 2018, 132 Stat. 3330, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [Oct. 5, 2018], the Comptroller General of the United States shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] and the Secretary of Transportation a report describing—“(1) each air carrier’s training policy for its employees and contractors regarding racial, ethnic, and religious nondiscrimination; and “(2) how frequently an air carrier is required to train new employees and contractors because of turnover in positions that require such training. “(b) Best Practices.—After the date the report is submitted under subsection (a), the Secretary shall develop and disseminate to air carriers best practices necessary to improve the training policies described in subsection (a), based on the findings of the report and in consultation with—“(1) passengers of diverse racial, ethnic, and religious backgrounds; “(2) national organizations that represent impacted communities; “(3) air carriers; “(4) airport operators; and “(5) contract service providers.”

legal/us/code/title-49/chapter-401/section-40129.md

@@ -0,0 +1,77 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40129"
+description: "Collaborative decisionmaking pilot program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40129"
+citation: "49 U.S.C. § 40129"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40129"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "c44dcb9b66f8fed1c8b318b3471666083d3b3d02be07f27ca174c840fcde1a73"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "b5262ebcded82fdfe396b29744a3dec66b011762d73bb42cac22e045cfe8360f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40129 - Collaborative decisionmaking pilot program
+
+## Text
+
+(a) Establishment.— Not later than 90 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a collaborative decisionmaking pilot program in accordance with this section.
+
+(b) Duration.— Except as provided in subsection (k), the pilot program shall be in effect for a period of 2 years.
+
+(c) Guidelines.— (1) Issuance.— The Administrator, with the concurrence of the Attorney General, shall issue guidelines concerning the pilot program. Such guidelines, at a minimum, shall—
+
+(A) define a capacity reduction event;
+
+(B) establish the criteria and process for determining when a capacity reduction event exists that warrants the use of collaborative decisionmaking among carriers at airports participating in the pilot program; and
+
+(C) prescribe the methods of communication to be implemented among carriers during such an event.
+
+(2) Views.— The Administrator may obtain the views of interested parties in issuing the guidelines.
+
+(d) Effect of Determination of Existence of Capacity Reduction Event.— Upon a determination by the Administrator that a capacity reduction event exists, the Administrator may authorize air carriers and foreign air carriers operating at an airport participating in the pilot program to communicate for a period of time not to exceed 24 hours with each other concerning changes in their respective flight schedules in order to use air traffic capacity most effectively. The Administration shall facilitate and monitor such communication. The Attorney General, or the Attorney General’s designee, may monitor such communication.
+
+(e) Selection of Participating Airports.— Not later than 30 days after the date on which the Administrator establishes the pilot program, the Administrator shall select 2 airports to participate in the pilot program from among the most capacity-constrained airports in the Nation based on the Administration’s Airport Capacity Benchmark Report 2001 or more recent data on airport capacity that is available to the Administrator. The Administrator shall select an airport for participation in the pilot program if the Administrator determines that collaborative decisionmaking among air carriers and foreign air carriers would reduce delays at the airport and have beneficial effects on reducing delays in the national airspace system as a whole.
+
+(f) Eligibility of Air Carriers.— An air carrier or foreign air carrier operating at an airport selected to participate in the pilot program is eligible to participate in the pilot program if the Administrator determines that the carrier has the operational and communications capability to participate in the pilot program.
+
+(g) Modification or Termination of Pilot Program at an Airport.— The Administrator, with the concurrence of the Attorney General, may modify or end the pilot program at an airport before the term of the pilot program has expired, or may ban an air carrier or foreign air carrier from participating in the program, if the Administrator determines that the purpose of the pilot program is not being furthered by participation of the airport or air carrier or if the Secretary of Transportation, with the concurrence of the Attorney General, finds that the pilot program or the participation of an air carrier or foreign air carrier in the pilot program has had, or is having, an adverse effect on competition among carriers.
+
+(h) Antitrust Immunity.— (1) In general.— Unless, within 5 days after receiving notice from the Secretary of the Secretary’s intention to exercise authority under this subsection, the Attorney General submits to the Secretary a written objection to such action, including reasons for such objection, the Secretary may exempt an air carrier’s or foreign air carrier’s activities that are necessary to participate in the pilot program under this section from the antitrust laws for the sole purpose of participating in the pilot program. Such exemption shall not extend to any discussions, agreements, or activities outside the scope of the pilot program.
+
+(2) Antitrust laws defined.— In this section, the term “antitrust laws” has the meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).
+
+(i) Consultation With Attorney General.— The Secretary shall consult with the Attorney General regarding the design and implementation of the pilot program, including determining whether a limit should be set on the number of occasions collaborative decisionmaking could be employed during the initial 2-year period of the pilot program.
+
+(j) Evaluation.— (1) In general.— Before the expiration of the 2-year period for which the pilot program is authorized under subsection (b), the Administrator shall determine whether the pilot program has facilitated more effective use of air traffic capacity and the Secretary, with the concurrence of the Attorney General, shall determine whether the pilot program has had an adverse effect on airline competition or the availability of air services to communities. The Administrator shall also examine whether capacity benefits resulting from the participation in the pilot program of an airport resulted in capacity benefits to other parts of the national airspace system.
+
+(2) Obtaining necessary data.— The Administrator may require participating air carriers and airports to provide data necessary to evaluate the pilot program’s impact.
+
+(k) Extension of Pilot Program.— At the end of the 2-year period for which the pilot program is authorized, the Administrator, with the concurrence of the Attorney General, may continue the pilot program for an additional 2 years and expand participation in the program to up to 7 additional airports if the Administrator determines pursuant to subsection (j) that the pilot program has facilitated more effective use of air traffic capacity and if the Secretary, with the concurrence of the Attorney General, determines that the pilot program has had no adverse effect on airline competition or the availability of air services to communities. The Administrator shall select the additional airports to participate in the extended pilot program in the same manner in which airports were initially selected to participate.
+
+(Added Pub. L. 108–176, title IV, § 423(a), Dec. 12, 2003, 117 Stat. 2552.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
+
+Statutory Notes and Related Subsidiaries
+
+Effective DateSection applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

legal/us/code/title-49/chapter-401/section-40130.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 40130"
+description: "FAA authority to conduct criminal history record checks"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "401"
+chapter_name: "GENERAL PROVISIONS"
+section: "40130"
+citation: "49 U.S.C. § 40130"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s40130"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "c25c20e6730386c7bbb7e47d333821d5a8b7ae092bb4dc72cd2a741f66b45cf2"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "6a1a4643c7800c19ddfc3a476b0e40980edae00f3c05ffeec56002d7ddfb2959"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 40130 - FAA authority to conduct criminal history record checks
+
+## Text
+
+(a) Criminal History Background Checks.— (1) Access to information.— The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—
+
+(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316); and
+
+(B) to receive relevant criminal history record information regarding the airman checked.
+
+(2) Release of information.— In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.
+
+(3) Limitation.— The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.
+
+(4) Reimbursement.— The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.
+
+(b) Designated Employees.— The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).
+
+(Added Pub. L. 112–95, title VIII, § 802(a), Feb. 14, 2012, 126 Stat. 118; amended Pub. L. 118–63, title XI, § 1101(h), May 16, 2024, 138 Stat. 1413.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2024—Subsec. (a)(1)(A). Pub. L. 118–63 substituted “(34 U.S.C. 40316)” for “(42 U.S.C. 14616)”.