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

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title: "49 U.S.C. § 44501"
description: "Plans and policy"
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title_number: 49
title_name: "TRANSPORTATION"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 44501 - Plans and policy
## Text
(a) Long Range Plans and Policy Requirements.— The Administrator of the Federal Aviation Administration shall make long range plans and policy for the orderly development and use of the navigable airspace, and the orderly development of air navigation facilities and services, that will best meet the needs of, and serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern.
(b) Airway Capital Investment Plan.— The Administrator of the Federal Aviation Administration shall review, revise, and publish a national airways system plan, known as the Airway Capital Investment Plan, before the beginning of each fiscal year. The plan shall set forth—
(1) for a 10-year period, the research, engineering, procurement, and development programs and the facilities, services, and equipment that the Administrator considers necessary for a system of airways, air traffic services, and navigation aids that will—
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of Defense establishes for the support of the national defense; and
(C) provide the highest degree of safety in air commerce;
(2) for the first and second years of the plan, detailed annual estimates of—
(A) the number, type, location, and cost of acquiring, operating, and maintaining required facilities and services;
(B) the cost of research, engineering, procurement, and development required to improve safety, system capacity, and efficiency; and
(C) personnel levels required for the activities described in subparagraphs (A) and (B);
(3) for the third, fourth, and fifth years of the plan, estimates of the total cost of each major program for the 3-year period, and additional major research programs, acquisition of systems, services, and facilities, and changes in personnel levels that may be required to meet long range objectives and that may have significant impact on future funding requirements;
(4) a 10-year investment plan that considers long range objectives that the Administrator considers necessary to—
(A) ensure that safety is given the highest priority in providing for a safe and efficient airway system; and
(B) meet the current and projected growth of the aerospace industry and the requirements of interstate commerce, the United States Postal Service, and the national defense; and
(5) a list of capital projects that are part of the Next Generation Air Transportation System and funded by amounts appropriated under section 48101(a).
(c) National Aviation Research Plan.— (1) The Administrator of the Federal Aviation Administration shall prepare and publish annually a national aviation research plan and submit the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives. The plan shall be submitted not later than the date that is 30 days after the date of submission of the Presidents budget to Congress. If such report cannot be prepared and submitted by the date that is 30 days after the date of submission of the Presidents budget to Congress, the Administrator shall submit, before such date, a letter to the Chairman and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Committee of 11 So in original. Probably should be “on”. Science, Space, and Technology of the House of Representatives stating the reason for delayed submission, impacts of the delay, and actions taken to address circumstances that led to the delay.
(2) (A) The plan shall describe, for a 5-year period, the research, engineering, and development that the Administrator of the Federal Aviation Administration considers necessary—
(i) to ensure the continued capacity, safety, and efficiency of aviation in the United States, considering emerging technologies and forecasted needs of civil aeronautics; and
(ii) to provide the highest degree of safety in air travel.
(B) The plan shall—
(i) provide estimates by year of the schedule, cost, and work force levels for each active and planned major research and development project under sections 44504, 44505, 44507, 44509, 4451144513, and 44912 of this title, including activities carried out under cooperative agreements with other Federal departments and agencies;
(ii) specify the goals and the priorities for allocation of resources among the major categories of research and development activities, including the rationale for the priorities identified;
(iii) identify the allocation of resources among long-term research, near-term research, and development activities;
(iv) identify the individual research and development projects in each funding category that are described in the annual budget request;
(v) highlight the research and development activities that address specific recommendations of the research advisory committee established under section 44508 of this title, and document the recommendations of the committee that are not accepted, specifying the reasons for nonacceptance; and
(vi) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.
(3) Subject to section 44912(d)(2) and regulations prescribed under such section, the Administrator of the Federal Aviation Administration shall submit to the committees named in paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal year, including a description of the dissemination to the private sector of research results and a description of any new technologies developed. The report shall be submitted with the plan required under paragraph (1) and be organized to allow comparison with the plan in effect for the prior fiscal year. The report shall be prepared in accordance with requirements of section 1116 of title 31.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 104264, title XI, § 1105, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 104287, § 5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106181, title IX, § 902(a), Apr. 5, 2000, 114 Stat. 195; Pub. L. 11295, title I, § 105, Feb. 14, 2012, 126 Stat. 17; Pub. L. 11863, title VI, § 618(a), title X, § 1004(a), title XI, § 1101(j), May 16, 2024, 138 Stat. 1230, 1386, 1413.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44501(a)49 App.:1353(a).Aug. 23, 1958, Pub. L. 85726, § 312(a), 72 Stat. 752. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 44501(b)49 App.:2203(b).Sept. 3, 1982, Pub. L. 97248, § 504(b), 96 Stat. 675; Nov. 5, 1990, Pub. L. 101508, § 9105(a), 104 Stat. 1388355; Oct. 31, 1992, Pub. L. 102581, § 114, 106 Stat. 4881. 44501(c)49 App.:1353(d).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 312(d); added Nov. 3, 1988, Pub. L. 100591, § 4(a), 102 Stat. 3011. In subsection (a), the word “Administrator” in section 312(a) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 752) is retained on authority of 49:106(g). The words “air navigation facilities” are substituted for “landing areas, Federal airways, radar installations and all other aids and facilities for air navigation” because of the definition of “air navigation facility” in section 40102(a) of the revised title. The words “the armed forces” are substituted for “military agencies” because of 10:101. In subsection (b), before clause (1), the words “the requirements of” are omitted as surplus. The text of 49 App.:2203(b) (1st sentence) is omitted as executed. The words “thereafter” and “For fiscal year 1991 and thereafter” are omitted as obsolete. In clauses (2)(C) and (3), the word “personnel” is substituted for “manpower” for consistency in the revised title. In clause (2)(C), the word “all” is omitted as surplus. In subsection (c), before clause (1), the word “completed” is omitted as surplus. In subsection (d)(1), the words “review, revise” are omitted as surplus. The word “annually” is substituted for “for fiscal year 1990, and for each fiscal year thereafter” to eliminate obsolete language. In subsection (d)(2)(B), before clause (i), the words “an appropriation” are substituted for “funding”, and in clause (ii), the word “appropriations” is substituted for “funding”, for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (d)(3), the words “beginning with the date of transmission of the first aviation research plan as required by paragraph (1)” are omitted as obsolete.
Editorial Notes
References in TextThe Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(2)(B)(vi), is Pub. L. 96480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Amendments2024—Subsec. (a). Pub. L. 11863, § 618(a)(1), substituted “development of air navigation facilities and services” for “development and location of air navigation facilities”. Subsec. (b)(1). Pub. L. 11863, § 618(a)(2)(A), (B), substituted “procurement, and development” for “and development” and “facilities, services, and equipment” for “facilities and equipment” in introductory provisions. Subsec. (b)(2). Pub. L. 11863, § 618(a)(2)(C)(i), substituted “first and second years” for “first and 2d years” in introductory provisions. Subsec. (b)(2)(B). Pub. L. 11863, § 618(a)(2)(A), substituted “procurement, and development” for “and development”. Subsec. (b)(2)(C). Pub. L. 11863, § 618(a)(2)(C)(ii), substituted “subparagraphs (A) and (B)” for “subclauses (A) and (B) of this clause”. Subsec. (b)(3). Pub. L. 11863, § 618(a)(2)(D), substituted “the third, fourth, and fifth” for “the 3d, 4th, and 5th” and “systems, services, and facilities” for “systems and facilities”. Subsec. (b)(4)(B). Pub. L. 11863, § 618(a)(2)(E), substituted “growth of the aerospace industry” for “growth of aviation”. Subsec. (c)(1). Pub. L. 11863, § 1004(a), substituted “not later than the date that is 30 days after the date of submission” for “not later than the date of submission” and inserted at end “If such report cannot be prepared and submitted by the date that is 30 days after the date of submission of the Presidents budget to Congress, the Administrator shall submit, before such date, a letter to the Chairman and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Committee of Science, Space, and Technology of the House of Representatives stating the reason for delayed submission, impacts of the delay, and actions taken to address circumstances that led to the delay.” Subsec. (c)(2)(B)(i). Pub. L. 11863, § 1101(j)(1), struck out “40119,” after “under sections”. Subsec. (c)(3). Pub. L. 11863, § 1101(j)(2), substituted “Subject to section 44912(d)(2) and regulations prescribed under such section,” for “Subject to section 40119(b) of this title and regulations prescribed under section 40119(b),”. 2012—Subsec. (b)(5). Pub. L. 11295 added par. (5). 2000—Subsec. (c)(2)(B)(iv) to (vi). Pub. L. 106181, § 902(a)(1), added cls. (iv) and (vi) and redesignated former cl. (iv) as (v). Subsec. (c)(3). Pub. L. 106181, § 902(a)(2), inserted at end “The report shall be prepared in accordance with requirements of section 1116 of title 31.” 1996—Subsec. (c)(1). Pub. L. 104287 substituted “Committee on Science” for “Committee on Science, Space, and Technology”. Subsec. (c)(2)(A). Pub. L. 104264, § 1105(1), substituted “5-year period” for “15-year period”. Subsec. (c)(2)(B). Pub. L. 104264, § 1105(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set out the requirements for research plans including specific requirements for the first two years of the plan, for the 3rd, 4th, and 5th years, and for the 6th and subsequent years. Subsec. (c)(3). Pub. L. 104264, § 1105(3), inserted “, including a description of the dissemination to the private sector of research results and a description of any new technologies developed” after “during the prior fiscal year”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104264 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. 104264, set out as a note under section 106 of this title.
Rule of Construction Regarding CollaborationsPub. L. 11863, title X, § 1031, May 16, 2024, 138 Stat. 1406, provided that: “Nothing in this title [enacting sections 44520, 44813, and 44814 of this title, amending sections 44501, 44518, 47511, and 48102 of this title, enacting provisions set out as notes under sections 40101, 40103, 45501, 44504, 44505, 44701, and 47101 of this title, and amending provisions set out as a note under section 44505 of this title] may be construed as modifying or limiting existing collaborations, or limiting potential engagement on future collaborations, between the Administrator [of the Federal Aviation Administration], stakeholders, and labor organizations, including the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, pertaining to FAA [Federal Aviation Administration] research, engineering, development, demonstration, and testing activities.”
Advanced Aviation Technology and Innovation Steering CommitteePub. L. 11863, title II, § 229, May 16, 2024, 138 Stat. 1064, provided that: “(a) Establishment.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the Steering Committee) to assist the FAA [Federal Aviation Administration] in planning for and integrating advanced aviation technologies. “(b) Purpose.—The Steering Committee shall—“(1) create and regularly update a comprehensive strategy and action plan for integrating advanced aviation technologies into the national airspace system and aviation ecosystem; and “(2) provide direction and resolution for complex issues related to advanced aviation technologies that span multiple offices or lines of business of the FAA, as needed. “(c) Chair.—The Deputy Administrator of the FAA shall serve as the Chair of the Steering Committee. “(d) Composition.—In addition to the Chair, the Steering Committee shall consist of the Assistant or Associate Administrator, or the designee of such Administrator, of each of the following FAA offices:“(1) Office of Aviation Safety. “(2) Air Traffic Organization. “(3) Office of Airports. “(4) Office of Commercial Space Transportation. “(5) Office of Finance and Management. “(6) Office of the Chief Counsel. “(7) Office of Rulemaking and Regulatory Improvement. “(8) Office of Policy, International Affairs, and Environment. “(9) Office of Security and Hazardous Materials Safety. “(10) Any other Office the Administrator determines necessary.”
Consolidation and Realignment of FAA Services and FacilitiesPub. L. 11295, title VIII, § 804, Feb. 14, 2012, 126 Stat. 119, as amended by Pub. L. 115254, div. B, title V, §§ 510, 545(b)(2), Oct. 5, 2018, 132 Stat. 3355, 3376, provided that: “(a) National Facilities Realignment and Consolidation Report.—“(1) In general.—The Administrator of the Federal Aviation Administration shall develop a report, to be known as the National Facilities Realignment and Consolidation Report, in accordance with the requirements of this subsection. “(2) Purpose.—The purpose of the report shall be to reduce capital, operating, maintenance, and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety. “(3) Contents.—The report shall include—“(A) recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and “(B) for each of the recommendations, a description of—“(i) the Administrators justification; “(ii) the projected costs and savings; and “(iii) the proposed timing for implementation. “(4) Input.—The report shall be prepared by the Administrator (or the Administrators designee) with the participation of—“(A) representatives of labor organizations representing air traffic control system employees of the FAA; and “(B) industry stakeholders. “(5) Submission to congress.—Not later than 120 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(6) Public notice and comment.—The Administrator shall publish the report in the Federal Register and allow 45 days for the submission of public comments. “(b) Report to Congress Containing Recommendations of Administrator.—Not later than 60 days after the last day of the period for public comment under subsection (a)(6), the Administrator shall submit to the committees specified in subsection (a)(5)—“(1) a report containing the recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and “(2) copies of any public comments received by the Administrator under subsection (a)(6). “(c) Realignment and Consolidation of FAA Services and Facilities.—Except as provided in subsection (d), the Administrator shall realign and consolidate the services and facilities of the FAA in accordance with the recommendations included in the report submitted under subsection (b). “(d) Congressional Disapproval.—“(1) In general.—The Administrator may not carry out a recommendation for realignment or consolidation of services or facilities of the FAA that is included in the report submitted under subsection (b) if a joint resolution of disapproval is enacted disapproving such recommendation before the earlier of—“(A) the last day of the 30-day period beginning on the date of submission of the report; or “(B) the adjournment of Congress sine die for the session during which the report is transmitted. “(2) Computation of 30-day period.—For purposes of paragraph (1)(A), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in computation of the 30-day period. “(e) Military Operations Exclusion.—“(1) In general.—The Administrator may not realign or consolidate a combined TRACON and tower with radar facility of the FAA under this section if, in 2015, the total annual military operations at the facility comprised at least 40 percent of the total annual TRACON operations at the facility. “(2) TRACON defined.—In this subsection, the term TRACON means terminal radar approach control. “(f) Definitions.—In this section, the following definitions apply:“(1) FAA.—The term FAA means the Federal Aviation Administration. “(2) Realignment; consolidation.—“(A) In general.—The terms realignment and consolidation include any action that—“(i) relocates functions, services, or personnel positions; “(ii) discontinues or severs existing facility functions or services; or “(iii) combines the results described in clauses (i) and (ii). “(B) Exclusion.—The terms do not include a reduction in personnel resulting from workload adjustments.” [Section 545(b)(2) of Pub. L. 115254, which directed amendment of section 804 of Pub. L. 11295, set out above, by substituting “Chief Technology Officer” for “Chief NextGen Officer” in subsec. (a)(4)(A), could not be executed because the words “Chief NextGen Officer” did not appear after the intervening amendment of subsec. (a)(4) by section 510(a)(2) of Pub. L. 115254.]
Program AuthorizationsPub. L. 11295, title IX, § 901(c), Feb. 14, 2012, 126 Stat. 137, provided that: “From the other accounts described in the national aviation research plan required under section 44501(c) of title 49, United States Code, the following research and development activities are authorized: “(1) Runway Incursion Reduction. “(2) System Capacity, Planning, and Improvement. “(3) Operations Concept Validation. “(4) NAS Weather Requirements. “(5) Airspace Management Program. “(6) NextGen—Air Traffic Control/Technical Operations Human Factors. “(7) NextGen—Environment and Energy—Environmental Management System and Advanced Noise and Emissions Reduction. “(8) NextGen—New Air Traffic Management Requirements. “(9) NextGen—Operations Concept Validation—Validation Modeling. “(10) NextGen—System Safety Management Transformation. “(11) NextGen—Wake Turbulence—Recategorization. “(12) NextGen—Operational Assessments. “(13) NextGen—Staffed NextGen Towers. “(14) Center for Advanced Aviation System Development. “(15) Airports Technology Research Program—Capacity. “(16) Airports Technology Research Program—Safety. “(17) Airports Technology Research Program—Environment. “(18) Airport Cooperative Research—Capacity. “(19) Airport Cooperative Research—Environment. “(20) Airport Cooperative Research—Safety.”
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title: "49 U.S.C. § 44502"
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# 49 U.S.C. § 44502 - General facilities and personnel authority
## Text
(a) General Authority.— (1) The Administrator of the Federal Aviation Administration may—
(A) acquire, establish, improve, operate, and maintain air navigation facilities; and
(B) provide facilities and personnel to regulate and protect air traffic.
(2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under section 48101(a) of this title. The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in section 47102 of this title) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts.
(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality.
(4) Purchase of instrument landing system.— (A) Establishment of program.— The Secretary shall purchase precision approach instrument landing system equipment for installation at airports on an expedited basis.
(B) Authorization.— No less than $30,000,000 of the amounts appropriated under section 48101(a) for each of fiscal years 2000 through 2002 shall be used for the purpose of carrying out this paragraph, including acquisition under new or existing contracts, site preparation work, installation, and related expenditures.
(5) Improvements on leased properties.— The Administrator may make improvements to real property leased for no or nominal consideration for an air navigation facility, regardless of whether the cost of making the improvements exceeds the cost of leasing the real property, if—
(A) the improvements primarily benefit the Government;
(B) the improvements are essential for accomplishment of the mission of the Federal Aviation Administration; and
(C) the interest of the United States Government in the improvements is protected.
(b) Certification of Necessity.— Except for Government money expended under this part or for a military purpose, Government money may be expended to acquire, establish, construct, operate, repair, alter, or maintain an air navigation facility only if the Administrator of the Federal Aviation Administration certifies in writing that the facility is reasonably necessary for use in air commerce or for the national defense. An interested person may apply for a certificate for a facility to be acquired, established, constructed, operated, repaired, altered, or maintained by or for the person.
(c) Ensuring Conformity With Plans and Policies.— (1) To ensure conformity with plans and policies for, and allocation of, airspace by the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport, military landing area, or missile or rocket site may be acquired, established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator of the Federal Aviation Administration may advise the appropriate committees of Congress and interested departments, agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration may be appealed to the President for a final decision.
(2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft.
(d) Public Use and Emergency Assistance.— (1) The head of a department, agency, or instrumentality of the Government having jurisdiction over an air navigation facility owned or operated by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for public use of the facility.
(2) The head of a department, agency, or instrumentality of the Government having jurisdiction over an airport or emergency landing field owned or operated by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for assistance, and the sale of fuel, oil, equipment, and supplies, to an aircraft, but only when necessary, because of an emergency, to allow the aircraft to continue to the nearest airport operated by private enterprise. The head of the department, agency, or instrumentality shall provide for the assistance and sale at the prevailing local fair market value as determined by the head of the department, agency, or instrumentality. An amount that the head decides is equal to the cost of the assistance provided and the fuel, oil, equipment, and supplies sold shall be credited to the appropriation from which the cost was paid. The balance shall be credited to miscellaneous receipts.
(e) 11 See Limitations on Transfers of Eligible Air Traffic Systems or Equipment note below. Transfers of Air Traffic Systems.— (1) In general.— Subject to paragraph (4), an airport in a non-contiguous State may transfer, without consideration, to the Administrator of the Federal Aviation Administration, an eligible air traffic system or equipment that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system or equipment.
(2) Acceptance.— The Administrator shall accept the eligible air traffic system or equipment and operate and maintain it under criteria of the Administrator.
(3) Definition.— In this subsection, the term “eligible air traffic system or equipment” means—
(A) an instrument landing system consisting of a glide slope and localizer (if the Administrator has determined that a satellite navigation system cannot provide a suitable approach to an airport);
(B) an Automated Weather Observing System weather observation system;
(C) a Remote Communication Air/Ground and Remote Communication Outlet communications facility; or
(D) a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights.
(4) Exception.— The requirement under paragraph (1) that an eligible air traffic system or equipment be purchased in part using a Government airport aid program, airport development aid program, or airport improvement project grant shall not apply if the air traffic system or equipment is installed at an airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103.
(f) Airport Space.— (1) Restriction.— The Administrator may not require an airport owner or sponsor (as defined in section 47102) to provide to the Federal Aviation Administration without cost any of the following:
(A) Building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting.
(B) Space in a facility owned by the airport owner or sponsor for services relating to air traffic control, air navigation, or weather reporting.
(2) Rule of construction.— Nothing in this subsection may be construed to affect—
(A) any agreement the Secretary may have or make with an airport owner or sponsor for the airport owner or sponsor to provide any of the items described in paragraph (1)(A) or (1)(B) at below-market rates; or
(B) any grant assurance that requires an airport owner or sponsor to provide land to the Administration without cost for an air traffic control facility.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1175; Pub. L. 103305, title I, § 120(a), Aug. 23, 1994, 108 Stat. 1581; Pub. L. 103429, § 6(54), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104287, § 5(75), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106181, title I, § 153, title VII, § 712, Apr. 5, 2000, 114 Stat. 87, 160; Pub. L. 115254, div. B, title I, § 147, Oct. 5, 2018, 132 Stat. 3213; Pub. L. 11863, title VII, § 728(a), May 16, 2024, 138 Stat. 1271.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44502(a)(1)49 App.:1348(b) (1st sentence less cl. (3)).Aug. 23, 1958, Pub. L. 85726, § 307(b) (1st sentence less cl. (3), 2d sentence), 72 Stat. 750; Jan. 12, 1983, Pub. L. 97449, § 4(c), 96 Stat. 2442. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 44502(a)(2)49 App.:2205(a)(3).Sept. 3, 1982, Pub. L. 97248, § 506(a)(3), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100223, § 105(a)(1), (g)(1), 101 Stat. 1489, 1494. 44502(a)(3)49 App.:1348(b) (2d sentence). 44502(b)49 App.:1349(a) (1st, 2d sentences).Aug. 23, 1958, Pub. L. 85726, §§ 308(a) (1st, 2d sentences), (b), 309, 1107, 72 Stat. 750, 751, 798. 49 App.:1655(c)(1). 44502(c)(1)49 App.:1349(b). 49 App.:1655(c)(1). 44502(c)(2)49 App.:1350. 49 App.:1655(c)(1). 44502(d)49 App.:1507. 44502(e)49 App.:1743.Aug. 11, 1959, Pub. L. 86154, 73 Stat. 333. 44502(f)49 App.:2205 (notes).Nov. 21, 1989, Pub. L. 101164, § 331, 103 Stat. 1097.  Nov. 5, 1990, Pub. L. 101516, § 324, 104 Stat. 2182.  Oct. 28, 1991, Pub. L. 102143, § 324, 105 Stat. 943.  Oct. 6, 1992, Pub. L. 102388, § 324, 106 Stat. 1547. In this section, the words “department, agency, or instrumentality of the United States Government” are substituted for “Federal department or agency” in 49 App.:1348(b), “agencies” in 49 App.:1349(b), and “department or other agency” and “Government department or other agency” in 49 App.:1507 for consistency in the revised title and with other titles of the United States Code. In subsections (a)(1), (b), and (c), the word “Administrator” in sections 303(c) (1st sentence), 307(b), 308(a) (1st and 2d sentences) and (b), and 309 of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 750, 751) is retained on authority of 49:106(g). In subsection (a)(1), before clause (A), the words “within the limits of available appropriations made by the Congress” are omitted as surplus. In clause (A), the words “wherever necessary” are omitted as surplus. In clause (B), the word “necessary” is omitted as surplus. In subsection (a)(2), the words “by the Secretary” and “to the Secretary” are omitted as surplus. The last sentence is substituted for 49 App.:2205(a)(3) (last sentence) to eliminate unnecessary words. In subsection (a)(3), the words “subject to such regulations, supervision, and review as he may prescribe” are omitted because of 49:322(a). The words “from time to time make such provision as he shall deem appropriate” are omitted as surplus. The words “duty or power” are substituted for “function” for consistency in the revised title and with other titles of the Code. The words “the head of” are added for clarity and consistency. In subsection (b), the words “(whether or not in cooperation with State or other local governmental agencies)” and “thereon” are omitted as surplus. The words “landing area” are omitted as being included in the definition of “air navigation facility” in section 40102(a) of the revised title. The words “recommendation and” are omitted as surplus. The words “under regulations prescribed by him” are omitted because of 49:322(a). The word “proposed” is omitted as surplus. The word “acquired” is added for consistency in this subsection. In subsection (c)(1), the words “In order”, “layout”, and “In case of . . . the matter” are omitted as surplus. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:133(a). The words “the Administrator of” are added because of 42:2472(a). In subsection (c)(2), the word “layout” is omitted as surplus. The words “pursuant to regulations prescribed by him” are omitted because of 49:322(a). The words “the establishment, building, or alteration” are substituted for “such construction” for clarity and consistency in this section. In subsection (d)(1), the words “under such conditions and to such extent as . . . deems advisable and” are omitted as surplus. The word “provide” is substituted for “be made available”, and the words “of the facility” are added, for clarity. In subsection (d)(2), the words “All amounts received under this subsection shall be covered into the Treasury” are omitted because of 31:3302(b). The words “services, shelter . . . other” and “if any” are omitted as surplus. In subsection (e), the words “or compact” are omitted as surplus. The words “or States” are omitted because of 1:1. The text of 49 App.:1743 (last sentence) is omitted as surplus. In subsection (f), the words “Notwithstanding any other provision of law” and “thereafter” are omitted as surplus.
Pub. L. 103429This amends 49:44502(b) to clarify the restatement of 49 App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 1175).
Pub. L. 104287, § 5(75)(A)This amends 49:44502(c)(1) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 1175).
Pub. L. 104287, § 5(75)(B)This strikes 49:44502(e) and redesignates 49:44502(f) as 49:44502(e) because of the restatement of former 49:44502(e) as 49:40121.
Editorial Notes
Amendments2024—Subsec. (e)(1). Pub. L. 11863, § 728(a)(1), substituted “Subject to paragraph (4), an airport in a non-contiguous State” for “An airport”. Subsec. (e)(3)(D). Pub. L. 11863, § 728(a)(2), added subpar. (D). Subsec. (e)(4). Pub. L. 11863, § 728(a)(3), added par. (4). 2018—Subsec. (e). Pub. L. 115254, § 147(1), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration an instrument landing system (and associated approach lighting equipment and runway visual range equipment) that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system. The Administrator shall accept the system and operate and maintain it under criteria of the Administrator.” Subsec. (f). Pub. L. 115254, § 147(2), added subsec. (f). 2000—Subsec. (a)(4)(B). Pub. L. 106181, § 153, substituted “each of fiscal years 2000 through 2002” for “each of fiscal years 1995 and 1996” and inserted “under new or existing contracts” after “including acquisition”. Subsec. (a)(5). Pub. L. 106181, § 712, added par. (5). 1996—Subsec. (c)(1). Pub. L. 104287, § 5(75)(A), substituted “To ensure” for “To ensure that”. Subsecs. (e), (f). Pub. L. 104287, § 5(75)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: “(e) Consent of Congress.—Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility.” 1994—Subsec. (a)(4). Pub. L. 103305 added par. (4). Subsec. (b). Pub. L. 103429 inserted “Government” before “money may be expended”.
Statutory Notes and Related Subsidiaries
Effective Date of 2024 AmendmentPub. L. 11863, title VII, § 728(b), May 16, 2024, 138 Stat. 1271, as amended by Pub. L. 11883, div. B, title I, § 114, Sept. 26, 2024, 138 Stat. 1537, provided that: “The amendments made by this section [amending this section] shall take effect beginning on December 20, 2024.”
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
Limitations on Transfers of Eligible Air Traffic Systems or EquipmentPub. L. 11975, div. D, title I, § 119F, Feb. 3, 2026, 140 Stat. 341, provided that: “Section 44502(e) of title 49, United States Code, shall be applied by inserting the following after paragraph (4): “ (5) Limitations.— “ (A) Systems or equipment.—Eligible air traffic systems or equipment identified in subparagraphs (A) through (C) of paragraph (3) of this subsection to be transferred to the Administrator under this subsection must have been purchased by the transferor airport on or after October 5, 2018. “ (B) Other systems or equipment.—Eligible air traffic systems or equipment identified in subparagraph (D) of paragraph (3) of this subsection to be transferred to the Administrator under this subsection must have been purchased by the transferor airport on or after October 1, 2024. “ (6) Airports classified as a basic or local general aviation airport.—An airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103 may only transfer an eligible air traffic system or equipment under this subsection in accordance with the exception provided in paragraph (4) if such system or equipment was purchased by the transferor airport on or after October 1, 2024.
Direct-Hire Authority UtilizationPub. L. 11863, title IV, § 428, May 16, 2024, 138 Stat. 1170, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall utilize direct hire authorities (as such authorities existed on the day before the date of enactment of this Act [May 16, 2024]) to hire individuals on a non-competitive basis for positions related to aircraft certification and aviation safety. In utilizing such authorities, the Administrator shall take into consideration any staffing gaps in the safety workforce of the FAA [Federal Aviation Administration], including in positions supporting the safe integration of unmanned aircraft systems and other new airspace entrants. “(b) Congressional Briefing.—Not later than 180 days after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the—“(1) utilization of the Administrators direct-hire authorities described in subsection (a); “(2) utilization of the Administrators direct-hire authorities with respect to the Unmanned Aircraft System Collegiate Training Initiative of the FAA; and “(3) number of employees hired as a result of the utilization of such authorities by the Administrator, the relevant lines of business or offices in which such employees were hired, and the occupational series of the positions filled.”
Airport Diagram TerminologyPub. L. 11863, title VII, § 749, May 16, 2024, 138 Stat. 1283, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall update Airport Diagram Order JO 7910.4 and any related advisory circulars, policy, and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots. “(b) Collaboration.—In carrying out subsection (a), the Administrator shall collaborate with industry stakeholders, commercial service airports, and general aviation airports in—“(1) facilitating basic standardization of general aviation parking terms; “(2) accounting for the majority of uses of general aviation parking terms; and “(3) providing clarity for chart users. “(c) IAC Specifications.—The Administrator shall encourage the Interagency Air Committee to incorporate the terms developed pursuant to subsection (a) in publications produced by the Committee.”
Pilot Program for UAS Inspections of FAA InfrastructurePub. L. 11863, title IX, § 911, May 16, 2024, 138 Stat. 1347, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall initiate a pilot program to supplement inspection and oversight activities of the Department of Transportation with unmanned aircraft systems to increase employee safety, enhance data collection, increase the accuracy of inspections, reduce costs, and for other purposes the Secretary considers to be appropriate. “(b) Ground-based Aviation Infrastructure.—In participating in the program under subsection (a), the Administrator [of the Federal Aviation Administration] shall evaluate the use of unmanned aircraft systems to inspect ground-based aviation infrastructure that may require visual inspection in hard-to-reach areas, including—“(1) navigational aids; “(2) air traffic control towers; “(3) radar facilities; “(4) communication facilities; and “(5) other air traffic control facilities. “(c) Coordination.—In carrying out subsection (b), the Administrator shall consult with the labor union certified under section 7111 of title 5, United States Code, to represent personnel responsible for the inspection of the ground-based aviation infrastructure. “(d) Briefing.—Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under this section, the Secretary shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a briefing on the status and results of the pilot program established under subsection (a), including—“(1) cost savings; “(2) a description of how unmanned aircraft systems were used to supplement existing inspection, data collection, or oversight activities of Department employees, including the number of operations and types of activities performed; “(3) efficiency or safety improvements, if any, associated with the use of unmanned aircraft systems to supplement conventional inspection, data collection, or oversight activities; “(4) the fleet of unmanned aircraft systems maintained by the Department for the program, or an overview of the services used as part of the pilot program; and “(5) recommendations for improving the use or efficacy of unmanned aircraft systems to supplement the Departments inspection, data collection, or oversight activities. “(e) Sunset and Incorporation Into Standard Practice.—“(1) Sunset.—The pilot program established under subsection (a) and the briefing requirement under subsection (d) shall terminate on the date that is 4 years after the date of enactment of this Act [May 16, 2024]. “(2) Incorporation into standard practice.—Upon termination of the pilot program under this section, the Secretary shall assess the results and determine whether to permanently incorporate the use of unmanned aircraft systems into the regular inspection, data collection, and oversight activities of the Department. “(3) Report to congress.—Not later than 9 months after the termination of the pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the final results of the pilot program and the actions taken by the Administrator under paragraph (2).” [For definition of “unmanned aircraft system” as used in section 911 of Pub. L. 11863, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 11863, which is set out as a note below.]
High Performance, Sustainable, and Cost-Effective Air Traffic Control FacilitiesPub. L. 11295, title V, § 508, Feb. 14, 2012, 126 Stat. 106, provided that: “The Administrator of the Federal Aviation Administration may implement, to the extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption at, improve the environmental performance of, and reduce the cost of maintenance for such facilities.”
Strategy for Staffing, Hiring, and Training Flight Standards and Aircraft Certification StaffPub. L. 1166, div. G, title I, Feb. 15, 2019, 133 Stat. 401, provided in part: “That not later than March 31 of each fiscal year hereafter, the Administrator [of the Federal Aviation Administration] shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year”. Similar provisions were contained in the following appropriation acts: Pub. L. 11975, div. D, title I, Feb. 3, 2026, 140 Stat. 333. Pub. L. 11842, div. F, title I, Mar. 9, 2024, 138 Stat. 307. Pub. L. 117328, div. L, title I, Dec. 29, 2022, 136 Stat. 5102. Pub. L. 117103, div. L, title I, Mar. 15, 2022, 136 Stat. 691. Pub. L. 116260, div. L, title I, Dec. 27, 2020, 134 Stat. 1830. Pub. L. 11694, div. H, title I, Dec. 20, 2019, 133 Stat. 2940. Pub. L. 115141, div. L, title I, Mar. 23, 2018, 132 Stat. 977. Pub. L. 11531, div. K, title I, May 5, 2017, 131 Stat. 730. Pub. L. 114113, div. L, title I, Dec. 18, 2015, 129 Stat. 2839. Pub. L. 113235, div. K, title I, Dec. 16, 2014, 128 Stat. 2700. Pub. L. 11376, div. L, title I, Jan. 17, 2014, 128 Stat. 578. Pub. L. 11255, div. C, title I, Nov. 18, 2011, 125 Stat. 646. Pub. L. 111117, div. A, title I, Dec. 16, 2009, 123 Stat. 3040.
Pilot Program for Innovative Financing of Air Traffic Control EquipmentPub. L. 108176, title I, § 182, Dec. 12, 2003, 117 Stat. 2515, as amended by Pub. L. 113188, title XV, § 1501(d), Nov. 26, 2014, 128 Stat. 2024, provided that: “(a) In General.—In order to test the cost effectiveness and feasibility of long-term financing of modernization of major air traffic control systems, the Administrator of the Federal Aviation Administration may establish a pilot program to test innovative financing techniques through amending, subject to section 1341 of title 31, United States Code, a contract for more than one, but not more than 20, fiscal years to purchase and install air traffic control equipment for the Administration. Such amendments may be for more than one, but not more than 10, fiscal years. “(b) Cancellation.—A contract described in subsection (a) may include a cancellation provision if the Administrator determines that such a provision is necessary and in the best interest of the United States. Any such provision shall include a cancellation liability schedule that covers reasonable and allocable costs incurred by the contractor through the date of cancellation plus reasonable profit, if any, on those costs. Any such provision shall not apply if the contract is terminated by default of the contractor. “(c) Contract Provisions.—If feasible and practicable for the pilot program, the Administrator may make an advance contract provision to achieve economic-lot purchases and more efficient production rates. “(d) Limitation.—The Administrator may not amend a contract under this section until the program for the terminal automation replacement systems has been rebaselined in accordance with the acquisition management system of the Administration. “(e) Funding.—Out of amounts appropriated under section 48101 [probably means section 48101 of title 49, United States Code] for fiscal year 2004, such sums as may be necessary shall be available to carry out this section.”
Enhanced Vision TechnologiesPub. L. 106181, title I, § 124, Apr. 5, 2000, 114 Stat. 75, provided that: “(a) Study.—The Administrator [of the Federal Aviation Administration] shall enter into a cooperative research and development agreement to study the benefits of utilizing enhanced vision technologies to replace, enhance, or add to conventional airport approach and runway lighting systems. “(b) Report.—Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a progress report on the work accomplished under the cooperative agreements detailing the evaluations performed to determine the potential of enhanced vision technology to meet the operational requirements of the intended application. “(c) Certification.—Not later than 180 days after the conclusion of work under the research agreements, the Administrator shall transmit to Congress a report on the potential of enhanced vision technology to satisfy the operational requirements of the Federal Aviation Administration and a schedule for the development of performance standards for certification appropriate to the application of the enhanced vision technologies. If the Administrator certifies an enhanced vision technology as meeting such performance standards, the technology shall be treated as a navigation aid or other aid for purposes of section 47102(3)(B)(i) of title 49, United States Code.”
Transfer by Airports of Instrument Landing Systems and Associated Equipment to Federal Aviation AdministrationPub. L. 109115, div. A, title I, § 101, Nov. 30, 2005, 119 Stat. 2401, which provided that airports may transfer to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant, provided that the FAA accept such equipment and operate and maintain it in accordance with agency criteria, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108447, div. H, title I, § 101, Dec. 8, 2004, 118 Stat. 3203. Pub. L. 108199, div. F, title I, § 101, Jan. 23, 2004, 118 Stat. 284. Pub. L. 1087, div. I, title III, § 313, Feb. 20, 2003, 117 Stat. 410. Pub. L. 10787, title III, § 313, Dec. 18, 2001, 115 Stat. 858. Pub. L. 106346, § 101(a) [title III, § 314], Oct. 23, 2000, 114 Stat. 1356, 1356A27. Pub. L. 10669, title III, § 314, Oct. 9, 1999, 113 Stat. 1018. Pub. L. 105277, div. A, § 101(g) [title III, § 314], Oct. 21, 1998, 112 Stat. 2681439, 2681468. Pub. L. 10566, title III, § 314, Oct. 27, 1997, 111 Stat. 1443. Pub. L. 104205, title III, § 314, Sept. 30, 1996, 110 Stat. 2971. Pub. L. 10450, title III, § 317, Nov. 15, 1995, 109 Stat. 455. Pub. L. 103331, title III, § 317, Sept. 30, 1994, 108 Stat. 2491, repealed by Pub. L. 104287, § 7(4), Oct. 11, 1996, 110 Stat. 3400.
Cost Savings Associated With PurchasePub. L. 103305, title I, § 120(b), Aug. 23, 1994, 108 Stat. 1581, provided that: “Notwithstanding other provisions of law or regulations to the contrary, the Administrator [of the Federal Aviation Administration] shall establish, within 120 days after the date of the enactment of this Act [Aug. 23, 1994], a process through which airport sponsors may take advantage of cost savings associated with the purchase and installation of instrument landing systems, along with associated equipment, under existing or future Federal Aviation Administration contracts. The process established by the Administrator may provide for the direct reimbursement (including administrative costs) of the Administrator by an airport sponsor using grants funds under subchapter I of chapter 471 of subtitle VII of title 49, United States Code, relating to airport improvement, for the ordering of such equipment and installation or for the direct ordering of such equipment and installation by an airport sponsor, using such grant funds, from the suppliers with which the Administrator has contracted.”
Grandfather Provision for FAA Demonstration ProjectPub. L. 103260, title IV, § 401, May 26, 1994, 108 Stat. 702, provided that: “(a) In general.—Notwithstanding the termination of the personnel demonstration project for certain Federal Aviation Administration employees on June 17, 1994, pursuant to section 4703 of title 5, United States Code, the Federal Aviation Administration, subject to subsection (d), shall continue to pay quarterly retention allowance payments in accordance with subsection (b) to those employees who are entitled to quarterly retention allowance payments under the demonstration project as of June 16, 1994. “(b) Computation Rules.—“(1) In general.—The amount of each quarterly retention allowance payment to which an employee is entitled under subsection (a) shall be the amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994, reduced by that portion of the amount of any increase in the employees annual rate of basic pay subsequent to June 17, 1994, from any source, which is allocable to the quarter for which the allowance is to be paid (or, if applicable, to that portion of the quarter for which the allowance is to be paid). For purposes of the preceding sentence, the increase in an employees annual rate of basic pay includes—“(A) any increase under section 5303 of title 5, United States Code; “(B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or to the extent that, such increase is offset by a reduction of an interim geographic adjustment under section 302 of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note)); “(C) any establishment or increase in a special rate of pay under section 5305 of such title 5; “(D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5; “(E) any periodic step-increase under section 5335 of such title 5; “(F) any additional step-increase under section 5336 of such title 5; and “(G) any other increase in annual rate of basic pay under any other provision of law. “(2) Section rule.—In the case of an employee on leave without pay or other similar status for any part of the quarter prior to June 17, 1994, based on which the amount of the allowance payments for such employee under subsection (a) are computed, the amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994 shall, for purposes of paragraph (1), be deemed to be the amount of the allowance which would have been payable to such employee for such quarter under such project had such employee been in pay status throughout such quarter. “(c) Termination.—An employees entitlement to quarterly retention allowance payments under this section shall cease when—“(1) the amount of such allowance is reduced to zero under subsection (b), or “(2) the employee separates or moves to a position in which the employee would not, prior to June 17, 1994, have been entitled to receive an allowance under the demonstration project, whichever is earlier. “(d) Special Payment Rule.—The Administrator of the Federal Aviation Administration may make payment for the costs incurred under the program established by subsection (a) for the period between June 18, 1994, and September 30, 1994, following the end of the first full pay period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995. “(e) Study of Recruitment and Retention Incentives.—The Administrator of the Federal Aviation Administration shall conduct a study of impediments that may exist to achieving appropriate air traffic controller staffing levels at hard-to-staff facilities. In conducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days after the date of enactment of this Act [May 26, 1994] a report on (1) the results of such study, (2) planned administrative actions, and (3) any recommended legislation.”
Definitions Applicable in Pub. L. 11863 Pub. L. 11863, title IX, § 901, May 16, 2024, 138 Stat. 1341, provided that: “Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle [subtitle A (§§ 901937) of title IX of Pub. L. 11863, see Tables for classification].”
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# 49 U.S.C. § 44503 - Reducing nonessential expenditures
## Text
The Secretary of Transportation shall attempt to reduce the capital, operating, maintenance, and administrative costs of the national airport and airway system to the maximum extent practicable consistent with the highest degree of aviation safety. At least annually, the Secretary shall consult with and consider the recommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give particular attention to a recommendation that may reduce, with no adverse effect on safety, future personnel requirements and costs to the Government required to be recovered from user charges.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1176.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4450349 App.:1704.July 12, 1976, Pub. L. 94353, § 25, 90 Stat. 885. The words “in accordance with this section” and “due” are omitted as surplus. The word “personnel” is substituted for “manpower” for consistency in the revised title.
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# 49 U.S.C. § 44507 - Regions and centers
## Text
The Civil Aeromedical Institute established by section 106(j) of this title may—
(1) conduct civil aeromedical research, including research related to—
(A) the protection and survival of aircraft occupants;
(B) medical accident investigation and airman medical certification;
(C) toxicology and the effects of drugs on human performance;
(D) the impact of disease and disability on human performance;
(E) vision and its relationship to human performance and equipment design;
(F) human factors of flight crews, air traffic controllers, mechanics, inspectors, airway facility technicians, and other individuals involved in operating and maintaining aircraft and air traffic control equipment; and
(G) agency work force optimization, including training, equipment design, reduction of errors, and identification of candidate tasks for automation;
(2) make comments to the Administrator of the Federal Aviation Administration on human factors aspects of proposed air safety regulations;
(3) make comments to the Administrator on human factors aspects of proposed training programs, equipment requirements, standards, and procedures for aviation personnel;
(4) advise, assist, and represent the Federal Aviation Administration in the human factors aspects of joint projects between the Administration and the National Aeronautics and Space Administration, other departments, agencies, and instrumentalities of the United States Government, industry, and governments of foreign countries; and
(5) provide medical consultation services to the Administrator about medical certification of airmen.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1179; Pub. L. 115254, div. B, title V, § 524(a), Oct. 5, 2018, 132 Stat. 3363; Pub. L. 11863, title II, § 206(h), May 16, 2024, 138 Stat. 1046.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4450749 App.:1353(e).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 312(e); added Nov. 3, 1988, Pub. L. 100591, § 5(b), 102 Stat. 3013. In clause (4), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Government agencies” for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments2024—Pub. L. 11863 struck out subsec. (a) designation and heading “Civil Aeromedical Institute” at beginning of section and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Secretary of Transportation shall define the roles and responsibilities of the William J. Hughes Technical Center in a manner that is consistent with the defined roles and responsibilities of the Civil Aeromedical Institute under subsection (a).” See section 106(h) of this title. 2018—Pub. L. 115254 substituted “Regions and centers” for “Civil aeromedical research” in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
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# 49 U.S.C. § 44508 - Research advisory committee
## Text
(a) Establishment and Duties.— (1) There is a research advisory committee in the Federal Aviation Administration. The committee shall—
(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration and Congress about needs, objectives, plans, approaches, content, and accomplishments of all aviation research and development activities and programs carried out, including those under sections 44504, 44505, 44507, 4451144513, and 44912 of this title;
(B) assist in ensuring that the research is coordinated with similar research being conducted outside the Administration;
(C) review the operations of the regional centers of air transportation excellence established under section 44513 of this title; and
(D) annually review the allocation made by the Administrator of the amounts authorized by section 48102(a) of this title among the major categories of research and development activities carried out by the Administration and provide advice and recommendations to the Administrator on whether such allocation is appropriate to meet the needs and objectives identified under subparagraph (A).
(2) The Administrator may establish subordinate committees to provide advice on specific areas of research conducted under sections 44504, 44505, 44507, 4451144513, and 44912 of this title.
(b) Members, Chairman, Pay, and Expenses.— (1) The committee is composed of not more than 30 members appointed by the Administrator from among individuals who are not employees of the Administration and who are specially qualified to serve on the committee because of their education, training, or experience. In appointing members of the committee, the Administrator shall ensure that the regional centers of air transportation excellence, universities, corporations, associations, consumers, and other departments, agencies, and instrumentalities of the United States Government are represented.
(2) The Administrator shall designate the chairman of the committee.
(3) A member of the committee serves without pay. However, the Administrator may allow a member, when attending meetings of the committee or a subordinate committee, expenses as authorized under section 5703 of title 5.
(c) Support Staff, Information, and Services.— The Administrator shall provide support staff for the committee. On request of the committee, the Administrator shall provide information, administrative services, and supplies that the Administrator considers necessary for the committee to carry out its duties and powers.
(d) Nonapplication.— Section 1013 of title 5 does not apply to the committee.
(e) Use and Limitation of Amounts.— (1) Not more than .1 percent of the amounts made available to conduct research under sections 44504, 44505, 44507, 4451144513, and 44912 of this title may be used by the Administrator to carry out this section.
(2) A limitation on amounts available for obligation by or for the committee does not apply to amounts made available to carry out this section.
(f) Written Reply.— (1) In general.— Not later than 60 days after receiving any recommendation from the research advisory committee, the Administrator shall provide a written reply to the research advisory committee that, at a minimum—
(A) clearly states whether the Administrator accepts or rejects the recommendation;
(B) explains the rationale for the Administrators decision;
(C) sets forth the timeframe in which the Administrator will implement the recommendation; and
(D) describes the steps the Administrator will take to implement the recommendation.
(2) Transparency.— The written reply to the research advisory committee, when transmitted to the research advisory committee, shall be—
(A) made publicly available on the research advisory committee website; and
(B) transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(3) National aviation research plan.— The national aviation research plan required under section 44501(c) shall include a summary of all research advisory committee recommendations and a description of the status of their implementation.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1180; Pub. L. 104264, title XI, § 1104, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 115254, div. B, title VII, § 712, Oct. 5, 2018, 132 Stat. 3410; Pub. L. 117286, § 4(a)(313), Dec. 27, 2022, 136 Stat. 4340; Pub. L. 11863, title XI, § 1101(l), May 16, 2024, 138 Stat. 1414.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44508(a)(1)49 App.:1353(f)(1), (2).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 312(f); added Nov. 3, 1988, Pub. L. 100591, § 6, 102 Stat. 3013; Nov. 5, 1990, Pub. L. 101508, § 9209(b), 104 Stat. 1388377. 44508(a)(2)49 App.:1353(f)(6) (last sentence). 44508(b)49 App.:1353(f)(3)(5). 44508(c)49 App.:1353(f)(6) (1st sentence), (7). 44508(d)49 App.:1353(f)(8). 44508(e)49 App.:1353(f)(9). In subsection (a)(1), before clause (A), the words “There is a” are substituted for “Not later than 180 days after November 3, 1988, the Administrator shall establish” to eliminate obsolete words. In clause (C), the words “operations of” are substituted for “research and training to be carried out by” for consistency with section 44513 of the revised title. In subsection (a)(2), the words “to the advisory committee” are omitted as surplus. In subsection (b)(1), the words “departments, agencies, and instrumentalities” are substituted for “agencies” for consistency in the revised title and with other titles of the United States Code. In subsection (b)(3), the words “travel or transportation” are omitted as surplus. In subsection (e), the words “for fiscal years beginning after September 30, 1988” are omitted as obsolete.
Editorial Notes
Amendments2024—Subsecs. (a)(1)(A), (2), (e)(1). Pub. L. 11863 struck out “40119,” after “under sections”. 2022—Subsec. (d). Pub. L. 117286 substituted “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act (5 App. U.S.C.)”. 2018—Subsec. (a)(1)(A). Pub. L. 115254, § 712(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “provide advice and recommendations to the Administrator of the Federal Aviation Administration about needs, objectives, plans, approaches, content, and accomplishments of the aviation research program carried out under sections 40119, 44504, 44505, 44507, 4451144513, and 44912 of this title;”. Subsec. (f). Pub. L. 115254, § 712(b), added subsec. (f). 1996—Subsec. (a)(1)(D). Pub. L. 104264 added subpar. (D).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104264 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. 104264, set out as a note under section 106 of this title.
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# 49 U.S.C. § 44509 - Demonstration projects
## Text
The Secretary of Transportation may carry out under this chapter demonstration projects that the Secretary considers necessary for research and development activities under this chapter.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1181.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4450949 App.:2205(b)(1).Sept. 3, 1982, Pub. L. 97248, § 506(b)(1), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100223, § 105(b)(1), 101 Stat. 1490.
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# 49 U.S.C. § 44510 - Repealed. Pub. L. 11863, title IV, § 401(a), May 16, 2024, 138 Stat. 1148]
## Notes
Section, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1181, related to airway science curriculum grants.
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# 49 U.S.C. § 44511 - Aviation research grants
## Text
(a) General Authority.— The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research organizations to conduct aviation research in areas the Administrator considers necessary for the long-term growth of civil aviation.
(b) Applications.— An institution of higher education or nonprofit research organization interested in receiving a grant under this section may submit an application to the Administrator. The application must be in the form and contain the information the Administrator requires.
(c) Solicitation, Review, and Evaluation Process.— The Administrator shall establish a solicitation, review, and evaluation process that ensures—
(1) providing grants under this section for proposals having adequate merit and relevancy to the mission of the Administration;
(2) a fair geographical distribution of grants under this section; and
(3) the inclusion of historically black institutions of higher education and other minority nonprofit research organizations for grant consideration under this section.
(d) Records.— Each person receiving a grant under this section shall maintain records that the Administrator requires as being necessary to facilitate an effective audit and evaluation of the use of money provided under the grant.
(e) Annual Report.— The Administrator shall submit an annual report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on carrying out this section.
(f) Airport Cooperative Research Program.— (1) Establishment.— The Secretary of Transportation shall maintain an airport cooperative research program to—
(A) identify problems that are shared by airport operating agencies and can be solved through applied research but that are not being adequately addressed by existing Federal research programs; and
(B) fund research to address those problems.
(2) Governance.— The Secretary of Transportation shall appoint an independent governing board for the research program established under this subsection. The governing board shall be appointed from candidates nominated by national associations representing public airport operating agencies, airport executives, State aviation officials, and the scheduled airlines, and shall include representatives of appropriate Federal agencies. Section 1013 of title 5 shall not apply to the governing board.
(3) Implementation.— The Secretary of Transportation shall enter into an arrangement with the National Academy of Sciences to provide staff support to the governing board established under paragraph (2) and to carry out projects proposed by the governing board that the Secretary considers appropriate.
(4) Report.— Not later than September 30, 2012, the Secretary shall transmit to the Congress a report on the program.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1181; Pub. L. 104287, § 5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 108176, title VII, § 712, Dec. 12, 2003, 117 Stat. 2586; Pub. L. 11295, title IX, § 906, Feb. 14, 2012, 126 Stat. 139; Pub. L. 117286, § 4(a)(314), Dec. 27, 2022, 136 Stat. 4340.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4451149 App.:1353(g).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 312(g); added Nov. 5, 1990, Pub. L. 101508, § 9205(a), 104 Stat. 1388373. In this section, the words “institutions of higher education” and “institution of higher education” are substituted for “colleges, universities”, “university, college”, and “colleges and universities” for consistency in the revised title. In subsection (c), the words “providing grants” are substituted for “the funding”, the word “grants” is substituted for “grant funds”, and the words “grant consideration” are substituted for “funding consideration”, for consistency in the revised title. In subsection (d), the words “money provided under the grant” are substituted for “grant funds” for consistency.
Editorial Notes
Amendments2022—Subsec. (f)(2). Pub. L. 117286 substituted “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act”. 2012—Subsec. (f)(1). Pub. L. 11295, § 906(1), substituted “maintain an” for “establish a 4-year pilot” in introductory provisions. Subsec. (f)(4). Pub. L. 11295, § 906(2), substituted “Not later than September 30, 2012,” for “Not later than 6 months after the expiration of the program under this subsection,” and “program” for “program, including recommendations as to the need for establishing a permanent airport cooperative research program”. 2003—Subsec. (f). Pub. L. 108176 added subsec. (f). 1996—Subsec. (e). Pub. L. 104287 substituted “Committee on Science” for “Committee on Science, Space, and Technology”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Effective Date of 2003 AmendmentAmendment by Pub. L. 108176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108176, set out as a note under section 106 of this title.
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# 49 U.S.C. § 44512 - Catastrophic failure prevention research grants
## Text
(a) General Authority.— The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research organizations—
(1) to conduct aviation research related to the development of technologies and methods to assess the risk of, and prevent, defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and
(2) to establish centers of excellence for continuing the research.
(b) Solicitation, Application, Review, and Evaluation Process.— The Administrator shall establish a solicitation, application, review, and evaluation process that ensures providing grants under this section for proposals having adequate merit and relevancy to the research described in subsection (a) of this section.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1182.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4451249 App.:1353(h).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 312(h); added Nov. 5, 1990, Pub. L. 101508, § 9208(b), 104 Stat. 1388376. In this section, the words “institutions of higher education” are substituted for “colleges, universities” for consistency in the revised title. In subsection (b), the words “providing grants” are substituted for “the funding” for consistency in the revised title.
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# 49 U.S.C. § 44513 - Regional centers of air transportation excellence
## Text
(a) General Authority.— The Administrator of the Federal Aviation Administration may make grants to institutions of higher education to establish and operate regional centers of air transportation excellence. The locations shall be distributed in a geographically fair way.
(b) Responsibilities.— (1) The responsibilities of each center established under this section shall include—
(A) conducting research on—
(i) airspace and airport planning and design;
(ii) airport capacity enhancement techniques;
(iii) human performance in the air transportation environment;
(iv) aviation safety and security;
(v) the supply of trained air transportation personnel, including pilots and mechanics; and
(vi) other aviation issues related to developing and maintaining a safe and efficient air transportation system; and
(B) interpreting, publishing, and disseminating the results of the research.
(2) In conducting research described in paragraph (1)(A) of this subsection, each center may make contracts with nonprofit research organizations and other appropriate persons.
(c) Applications.— An institution of higher education interested in receiving a grant under this section may submit an application to the Administrator. The application must be in the form and contain the information that the Administrator requires by regulation.
(d) Selection Criteria.— The Administrator shall select recipients of grants under this section on the basis of the following criteria:
(1) the extent to which the needs of the State in which the applicant is located are representative of the needs of the region for improved air transportation services and facilities.
(2) the demonstrated research and extension resources available to the applicant to carry out this section.
(3) the ability of the applicant to provide leadership in making national and regional contributions to the solution of both long-range and immediate air transportation problems.
(4) the extent to which the applicant has an established air transportation program.
(5) the demonstrated ability of the applicant to disseminate results of air transportation research and educational programs through a statewide or regionwide continuing education program.
(6) the projects the applicant proposes to carry out under the grant.
(e) Expenditure Agreements.— A grant may be made under this section in a fiscal year only if the recipient makes an agreement with the Administrator that the Administrator requires to ensure that the recipient will maintain its total expenditures from all other sources for establishing and operating the center and related research activities at a level at least equal to the average level of those expenditures in the 2 fiscal years of the recipient occurring immediately before November 5, 1990.
(f) Governments Share of Costs.— The United States Governments share of establishing and operating a center and all related research activities that grant recipients carry out shall not exceed 50 percent of the costs, except that the Administrator may increase such share to a maximum of 75 percent of the costs for a fiscal year if the Administrator determines that a center would be unable to carry out the authorized activities described in this section without additional funds.
(g) Allocating Amounts.— The Administrator shall allocate amounts made available to carry out this section in a geographically fair way.
(h) Annual Report.— The Administrator shall transmit annually to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at the time of the Presidents budget request a report that lists—
(1) the research projects that have been initiated by each center in the preceding year;
(2) the amount of funding for each research project and the funding source;
(3) the institutions participating in each research project and their shares of the overall funding for each research project; and
(4) the level of cost-sharing for each research project.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1182; Pub. L. 11295, title IX, § 907, Feb. 14, 2012, 126 Stat. 140.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4451349 App.:1353(i).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 312(i); added Nov. 5, 1990, Pub. L. 101508, § 9209(a), 104 Stat. 1388376. In this section, the words “institutions of higher education” and “institution of higher education” are substituted for “colleges or universities” and “college or university” for consistency in the revised title. In subsection (a), the words “one or more” are omitted as surplus.
Editorial Notes
Amendments2012—Subsec. (f). Pub. L. 11295, § 907(a), amended subsec. (f) generally. Prior to amendment, text read as follows: “The United States Governments share of a grant under this section is 50 percent of the costs of establishing and operating the center and related research activities that the grant recipient carries out.” Subsec. (h). Pub. L. 11295, § 907(b), added subsec. (h).
Statutory Notes and Related Subsidiaries
FAA Center of Excellence for Automated Systems and Human Factors in AircraftPub. L. 116260, div. V, title I, § 127, Dec. 27, 2020, 134 Stat. 2348, provided that: “(a) In General.—The Administrator shall develop or expand a Center of Excellence focused on automated systems and human factors in transport category aircraft. “(b) Duties.—The Center of Excellence shall, as appropriate—“(1) facilitate collaboration among academia, the FAA, and the aircraft and airline industries, including aircraft, engine, and equipment manufacturers, air carriers, and representatives of the pilot community; “(2) establish goals for research in areas of study relevant to advancing technology, improving engineering practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex systems in commercial aircraft, including continuing education and training; “(3) examine issues related to human system integration and flight crew and aircraft interfaces, including tools and methods to support the integration of human factors considerations into the aircraft design and certification process; and “(4) review safety reports to identify potential human factors issues for research. “(c) Avoiding Duplication of Work.—In developing or expanding the Center of Excellence, the Administrator shall ensure the work of the Center of Excellence does not duplicate or overlap with the work of any other established center of excellence. “(d) Member Prioritization.—“(1) In general.—The Administrator, when developing or expanding the Center of Excellence, shall prioritize the inclusion of subject-matter experts whose professional experience enables them to be objective and impartial in their contributions to the greatest extent possible. “(2) Representation.—The Administrator shall require that the membership of the Center of Excellence reflect a balanced viewpoint across broad disciplines in the aviation industry. “(3) Disclosure.—Any member of the Center of Excellence who is a Boeing Company or FAA employee who participated in the certification of the Maneuvering Characteristics Augmentation System for the 737 MAX-8 airplane must disclose such involvement to the FAA prior to performing any work on behalf of the FAA. “(4) Transparency.—In developing or expanding the Center of Excellence, the Administrator shall develop procedures to facilitate transparency and appropriate maintenance of records to the maximum extent practicable. “(5) Coordination.—Nothing in this section shall preclude coordination and collaboration between the Center of Excellence developed or expanded under this section and any other established center of excellence. “(e) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2021 through 2023, out of funds made available under section 48102(a) of title 49, United States Code, to carry out this section. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.” [For definitions of terms used in section 127 of div. V of Pub. L. 116260, set out above, see section 137 of div. V of Pub. L. 116260, set out as a note under section 40101 of this title.]
Center of Excellence for Aviation Human Resource ResearchPub. L. 11295, title IX, § 908, Feb. 14, 2012, 126 Stat. 140, provided that: “(a) Establishment.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administration] may establish a center of excellence to conduct research on—“(1) human performance in the air transportation environment, including among air transportation personnel such as air traffic controllers, pilots, and technicians; and “(2) any other aviation human resource issue pertinent to developing and maintaining a safe and efficient air transportation system. “(b) Activities.—Activities conducted under this section may include the following:“(1) Research, development, and evaluation of training programs for air traffic controllers, aviation safety inspectors, airway transportation safety specialists, and engineers. “(2) Research and development of best practices for recruitment of individuals into the aviation field for mission critical positions. “(3) Research, in consultation with other relevant Federal agencies, to develop a baseline of general aviation employment statistics and an analysis of future needs in the aviation field. “(4) Research and the development of a comprehensive assessment of the airframe and power plant technician certification process and its effect on employment trends. “(5) Evaluation of aviation maintenance technician school environments. “(6) Research and an assessment of the ability to develop training programs to allow for the transition of recently unemployed and highly skilled mechanics into the aviation field.”
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# 49 U.S.C. § 44514 - Repealed. Pub. L. 11863, title III, § 337, May 16, 2024, 138 Stat. 1093]
## Notes
Section, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1183, related to closing, reopening, and reducing hours of certain flight service stations and establishment of manned auxiliary flight service stations.
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# 49 U.S.C. § 44515 - Repealed. Pub. L. 11863, title IV, § 401(a), May 16, 2024, 138 Stat. 1148]
## Notes
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# 49 U.S.C. § 44516 - Human factors program
## Text
(a) Human Factors Training.— (1) Air traffic controllers.— The Administrator of the Federal Aviation Administration shall—
(A) address the problems and concerns raised by the National Research Council in its report “The Future of Air Traffic Control” on air traffic control automation; and
(B) respond to the recommendations made by the National Research Council.
(2) Pilots and flight crews.— The Administrator shall work with representatives of the aviation industry and appropriate aviation programs associated with universities to develop specific training curricula to address critical safety problems, including problems of pilots—
(A) in recovering from loss of control of an aircraft, including handling unusual attitudes and mechanical malfunctions;
(B) in deviating from standard operating procedures, including inappropriate responses to emergencies and hazardous weather;
(C) in awareness of altitude and location relative to terrain to prevent controlled flight into terrain; and
(D) in landing and approaches, including nonprecision approaches and go-around procedures.
(b) Test Program.— The Administrator shall establish a test program in cooperation with air carriers to use model Jeppesen approach plates or other similar tools to improve precision-like landing approaches for aircraft.
(c) Report.— Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Administrations efforts to encourage the adoption and implementation of advanced qualification programs for air carriers under this section.
(d) Advanced Qualification Program Defined.— In this section, the term “advanced qualification program” means an alternative method for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation requirements of parts 121 and 135 of title 14, Code of Federal Regulations.
(Added Pub. L. 106181, title VII, § 713(a), Apr. 5, 2000, 114 Stat. 160.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 106181, which was approved Apr. 5, 2000.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
Human Factors ProfessionalsPub. L. 11863, title IV, § 410, May 16, 2024, 138 Stat. 1156, provided that: “The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to establish a new work code for human factors professionals who— “(1) perform work involving the design and testing of technologies, processes, and systems which require effective and safe human performance; “(2) generate and apply theories, principles, practical concepts, systems, and processes related to the design and testing of technologies, systems, and training programs to support and evaluate human performance in work contexts; and “(3) meet education or experience requirements as determined by the Administrator.”
Human Factors Education ProgramPub. L. 116260, div. V, title I, § 124, Dec. 27, 2020, 134 Stat. 2346, provided that: “(a) Human Factors Education Program.—“(1) In general.—The Administrator shall develop a human factors education program that addresses the effects of modern flight deck systems, including automated systems, on human performance for transport airplanes and the approaches for better integration of human factors in aircraft design and certification. “(2) Target audience.—The human factors education program shall be integrated into the training protocols (as in existence as of the date of enactment of this title [Dec. 27, 2020]) for, and be routinely administered to, the following:“(A) Appropriate employees within the Flight Standards Service. “(B) Appropriate employees within the Aircraft Certification Service. “(C) Other employees or authorized representatives determined to be necessary by the Administrator. “(b) Transport Airplane Manufacturer Information Sharing.—The Administrator shall—“(1) require each transport airplane manufacturer to provide the Administrator with the information or findings necessary for flight crew to be trained on flight deck systems; “(2) ensure the information or findings under paragraph (1) adequately includes consideration of human factors; and “(3) ensure that each transport airplane manufacturer identifies any technical basis, justification or rationale for the information and findings under paragraph (1).” [For definitions of “Administrator” and “transport airplanes” as used in section 124 of div. V of Pub. L. 116260, set out above, see section 137 of div. V of Pub. L. 116260, set out as a note under section 40101 of this title.]
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# 49 U.S.C. § 44517 - Program to permit cost sharing of air traffic modernization projects
## Text
(a) In General.— Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nations air transportation system by encouraging non-Federal investment in critical air traffic control equipment and software.
(b) Federal Share.— The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117.
(c) Limitation on Grant Amounts.— No eligible project may receive more than $5,000,000 in Federal funds under the program.
(d) Funding.— The Secretary shall use amounts appropriated under section 48101(a) to carry out the program.
(e) Definitions.— In this section, the following definitions apply:
(1) Eligible project.— The term “eligible project” means a project to purchase equipment or software relating to the Nations air traffic control system that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include—
(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;
(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and
(C) equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.
(2) Project sponsor.— The term “project sponsor” means any major user of the national airspace system, as determined by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.
(f) Transfers of Equipment.— Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.
(g) Guidelines.— The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of chapter 5 of title 5.
(Added Pub. L. 108176, title I, § 183(a), Dec. 12, 2003, 117 Stat. 2516.)
## Notes
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. 108176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
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# 49 U.S.C. § 44518 - Advanced Materials Center of Excellence
## Text
(a) In General.— (1) Continued operations.— The Administrator shall—
(A) continue operation of the Advanced Materials Center of Excellence (referred to in this section as the “Center”); and
(B) make a determination on whether to award a grant to the Center not later than 90 days after the date on which the grants officer of the Federal Aviation Administration recommends a proposal for award of such grant to the Administrator.
(2) Purposes.— The Center shall—
(A) focus on applied research and training on the safe use of composites and advanced materials, and related manufacturing practices, in airframe structures; and
(B) conduct research and development into aircraft structure crash worthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), including materials required to facilitate safe wheelchair restraint systems on commercial aircraft.
(b) Responsibilities.— The Center shall—
(1) promote and facilitate collaboration among member universities, academia, the Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders for the purposes under subsection (a) and the activities described in paragraphs (2) through (4);
(2) carry out research and development activities to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which shall include—
(A) all structural materials, including—
(i) metallic and non-metallic based additive materials, ceramic materials, carbon fiber polymers, and thermoplastic composites;
(ii) the long-term material and structural behavior of such materials; and
(iii) evaluating the resiliency and long-term durability of advanced materials in high temperature conditions and in engines for applications in advanced aircraft; and
(B) structural technologies, such as additive manufacturing, to be used in applications within the commercial aircraft industry, including traditional fixed-wing aircraft, rotorcraft, and emerging aircraft types such as advanced air mobility aircraft; and
(3) conduct research activities for the purpose of improving the safety and certification of aviation structures, materials, and additively manufactured aviation products and components; and
(4) conducting 11 So in original. Probably should be “conduct”. research activities to advance the safe movement of all passengers, including individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), and individuals using personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders.
(c) Authorization of Appropriations.— Out of amounts appropriated under section 48102(a), the Administrator may expend not more than $10,000,000 for each of fiscal years 2021 through 2023 to carry out this section. Amounts appropriated under the preceding sentence for each fiscal year shall remain available until expended.
(Added Pub. L. 115254, div. B, title VII, § 762(a), Oct. 5, 2018, 132 Stat. 3428; amended Pub. L. 116260, div. V, title I, § 134, Dec. 27, 2020, 134 Stat. 2356; Pub. L. 11863, title X, § 1005, May 16, 2024, 138 Stat. 1387.)
## Notes
Amendments2024—Subsec. (a). Pub. L. 11863, § 1005(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Administrator of the Federal Aviation Administration shall continue operation of the Advanced Materials Center of Excellence (referred to in this section as the “Center”) under its structure as in effect on March 1, 2016, which shall focus on applied research and training on the durability and maintainability of advanced materials in transport airframe structures.” Subsec. (b). Pub. L. 11863, § 1005(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Center shall— “(1) promote and facilitate collaboration among academia, the Transportation Division of the Federal Aviation Administration, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and “(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study.” 2020—Subsec. (c). Pub. L. 116260 added subsec. (c).
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# 49 U.S.C. § 44519 - Certification personnel continuing education and training
## Text
(a) In General.— The Administrator of the Federal Aviation Administration shall—
(1) develop a program for regular recurrent training of engineers, inspectors, and other subject-matter experts employed in the Aircraft Certification Service of the Administration in accordance with the training strategy developed pursuant to section 231 of the FAA Reauthorization Act of 2018 (Public Law 115254; 132 Stat. 3256);
(2) to the maximum extent practicable, implement measures, including assignments in multiple divisions of the Aircraft Certification Service, to ensure that such engineers and other subject-matter experts in the Aircraft Certification Service have access to diverse professional opportunities that expand their knowledge and skills;
(3) develop a program to provide continuing education and training to Administration personnel who hold positions involving aircraft certification and flight standards, including human factors specialists, engineers, flight test pilots, inspectors, and, as determined appropriate by the Administrator, industry personnel who may be responsible for compliance activities including designees; and
(4) in consultation with outside experts, develop—
(A) an education and training curriculum on current and new aircraft technologies, human factors, project management, and the roles and responsibilities associated with oversight of designees; and
(B) recommended practices for compliance with Administration regulations.
(b) Implementation.— The Administrator shall, to the maximum extent practicable, ensure that actions taken pursuant to subsection (a)—
(1) permit engineers, inspectors, and other subject matter experts to continue developing knowledge of, and expertise in, new and emerging technologies in systems design, flight controls, principles of aviation safety, system oversight, and certification project management;
(2) minimize the likelihood of an individual developing an inappropriate bias toward a designer or manufacturer of aircraft, aircraft engines, propellers, or appliances;
(3) are consistent with any applicable collective bargaining agreements; and
(4) account for gaps in knowledge and skills (as identified by the Administrator in consultation with the exclusive bargaining representatives certified under section 7111 of title 5, United States Code) between Administration employees and private-sector employees for each group of Administration employees covered under this section.
(c) Authorization of Appropriations.— There is authorized to be appropriated to the Administrator, $10,000,000 for each of fiscal years 2021 through 2028 to carry out this section. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.
(Added Pub. L. 116260, div. V, title I, § 112(a), Dec. 27, 2020, 134 Stat. 2331; amended Pub. L. 11863, title III, § 306(d), May 16, 2024, 138 Stat. 1072.)
## Notes
Editorial Notes
References in TextSection 231 of the FAA Reauthorization Act of 2018 (Public Law 115254; 132 Stat. 3256), referred to in subsec. (a)(1), is section 231 of Pub. L. 115254, div. B, title II, Oct. 5, 2018, 132 Stat. 3256, which is not classified to the Code.
Amendments2024—Subsec. (c). Pub. L. 11863 substituted “2028” for “2023”.
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 44520 - Center of Excellence for Alternative Jet Fuels and Environment
## Text
(a) In General.— The Administrator shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the “Center”).
(b) Responsibilities.— The Center shall—
(1) focus on research to—
(A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, next-generation feedstocks, alcohols, organic acids, hydrogen, bioderived chemicals and gaseous carbon) for commercial aircraft;
(B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems;
(C) reduce community exposure to civilian aircraft noise and pollutant emissions;
(D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and
(E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools;
(2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft; and
(3) support collaboration with other Federal agencies, industry stakeholders, research institutions, and other relevant entities to accelerate the research, development, testing, evaluation, and demonstration programs and facilitate United States sustainability and competitiveness in aviation.
(c) Grant Authority.— The Administrator shall carry out the work of the Center through the use of grants or other measures, as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements and coordination with other Federal agencies.
(d) Participation.— (1) Participation of educational and research institutions.— In carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by—
(A) institutions of higher education and research institutions that—
(i) have existing facilities for research, development, and testing; and
(ii) leverage private sector partnerships;
(B) other Federal agencies;
(C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and
(D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft.
(2) Use of nasa facilities.— The Center shall, in consultation with the Administrator of NASA, consider using, on a reimbursable basis, the existing and available capacity in aeronautics research facilities at the Langley Research Center, the NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.
(Added Pub. L. 11863, title X, § 1017(a), May 16, 2024, 138 Stat. 1396.)