-CITE-
    49 USC CHAPTER 401 - GENERAL PROVISIONS                     01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
                     CHAPTER 401 - GENERAL PROVISIONS                 

-MISC1-
    Sec.                                                     
    40101.      Policy.                                               
    40102.      Definitions.                                          
    40103.      Sovereignty and use of airspace.                      
    40104.      Promotion of civil aeronautics and safety of air
                 commerce.                                            
    40105.      International negotiations, agreements, and
                 obligations.                                         
    40106.      Emergency powers.                                     
    40107.      Presidential transfers.                               
    40108.      Training schools.                                     
    40109.      Authority to exempt.                                  
    40110.      General procurement authority.                        
    40111.      Multiyear procurement contracts for services and
                 related items.                                       
    40112.      Multiyear procurement contracts for property.         
    40113.      Administrative.                                       
    40114.      Reports and records.                                  
    40115.      Withholding information.                              
    40116.      State taxation.                                       
    40117.      Passenger facility fees.                              
    40118.      Government-financed air transportation.               
    40119.      Security and research and development activities.     
    40120.      Relationship to other laws.                           
    40121.      Air traffic control modernization reviews.            
    40122.      Federal Aviation Administration personnel management
                 system.                                              
    40123.      Protection of voluntarily submitted information.      
    40124.      Interstate agreements for airport facilities.         
    40125.      Qualifications for public aircraft status.            
    40126.      Severable services contracts for periods crossing
                 fiscal years.                                        
    40127.      Prohibitions on discrimination.                       
    40128.      Overflights of national parks.                        
    40129.      Collaborative decisionmaking pilot program.           

                                AMENDMENTS                            
      2003 - Pub. L. 108-176, title IV, Sec. 423(b), Dec. 12, 2003, 117
    Stat. 2554, added item 40129.
      2000 - Pub. L. 106-181, title VII, Secs. 702(b)(2), 705(b),
    706(b), title VIII, Sec. 803(b), Apr. 5, 2000, 114 Stat. 156-158,
    192, added items 40125 to 40128.
      1997 - Pub. L. 105-102, Sec. 3(d)(1)(B), Nov. 20, 1997, 111 Stat.
    2215, amended Pub. L. 104-287, Sec. 5(69)(B). See 1996 Amendment
    note below.
      1996 - Pub. L. 104-287, Sec. 5(69)(B), Oct. 11, 1996, 110 Stat.
    3396, as amended by Pub. L. 105-102, Sec. 3(d)(1)(B), Nov. 20,
    1997, 111 Stat. 2215, added item 40124.
      Pub. L. 104-264, title II, Sec. 254, title IV, Secs. 401(b)(2),
    402(b), Oct. 9, 1996, 110 Stat. 3238, 3255, 3256, inserted "safety
    of" before "air commerce" in item 40104 and added item 40121 "Air
    traffic control modernization reviews" and items 40122 and 40123.

-End-



-CITE-
    49 USC Sec. 40101                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40101. Policy

-STATUTE-
      (a) Economic Regulation. - In carrying out subpart II of this
    part and those provisions of subpart IV applicable in carrying out
    subpart II, the Secretary of Transportation shall consider the
    following matters, among others, as being in the public interest
    and consistent with public convenience and necessity:
        (1) assigning and maintaining safety as the highest priority in
      air commerce.
        (2) before authorizing new air transportation services,
      evaluating the safety implications of those services.
        (3) preventing deterioration in established safety procedures,
      recognizing the clear intent, encouragement, and dedication of
      Congress to further the highest degree of safety in air
      transportation and air commerce, and to maintain the safety
      vigilance that has evolved in air transportation and air commerce
      and has come to be expected by the traveling and shipping public.
        (4) the availability of a variety of adequate, economic,
      efficient, and low-priced services without unreasonable
      discrimination or unfair or deceptive practices.
        (5) coordinating transportation by, and improving relations
      among, air carriers, and encouraging fair wages and working
      conditions.
        (6) placing maximum reliance on competitive market forces and
      on actual and potential competition - 
          (A) to provide the needed air transportation system; and
          (B) to encourage efficient and well-managed air carriers to
        earn adequate profits and attract capital, considering any
        material differences between interstate air transportation and
        foreign air transportation.

        (7) developing and maintaining a sound regulatory system that
      is responsive to the needs of the public and in which decisions
      are reached promptly to make it easier to adapt the air
      transportation system to the present and future needs of - 
          (A) the commerce of the United States;
          (B) the United States Postal Service; and
          (C) the national defense.

        (8) encouraging air transportation at major urban areas through
      secondary or satellite airports if consistent with regional
      airport plans of regional and local authorities, and if endorsed
      by appropriate State authorities - 
          (A) encouraging the transportation by air carriers that
        provide, in a specific market, transportation exclusively at
        those airports; and
          (B) fostering an environment that allows those carriers to
        establish themselves and develop secondary or satellite airport
        services.

        (9) preventing unfair, deceptive, predatory, or anticompetitive
      practices in air transportation.
        (10) avoiding unreasonable industry concentration, excessive
      market domination, monopoly powers, and other conditions that
      would tend to allow at least one air carrier or foreign air
      carrier unreasonably to increase prices, reduce services, or
      exclude competition in air transportation.
        (11) maintaining a complete and convenient system of continuous
      scheduled interstate air transportation for small communities and
      isolated areas with direct financial assistance from the United
      States Government when appropriate.
        (12) encouraging, developing, and maintaining an air
      transportation system relying on actual and potential competition
      - 
          (A) to provide efficiency, innovation, and low prices; and
          (B) to decide on the variety and quality of, and determine
        prices for, air transportation services.

        (13) encouraging entry into air transportation markets by new
      and existing air carriers and the continued strengthening of
      small air carriers to ensure a more effective and competitive
      airline industry.
        (14) promoting, encouraging, and developing civil aeronautics
      and a viable, privately-owned United States air transport
      industry.
        (15) strengthening the competitive position of air carriers to
      at least ensure equality with foreign air carriers, including the
      attainment of the opportunity for air carriers to maintain and
      increase their profitability in foreign air transportation.
        (16) ensuring that consumers in all regions of the United
      States, including those in small communities and rural and remote
      areas, have access to affordable, regularly scheduled air
      service.

      (b) All-Cargo Air Transportation Considerations. - In carrying
    out subpart II of this part and those provisions of subpart IV
    applicable in carrying out subpart II, the Secretary of
    Transportation shall consider the following matters, among others
    and in addition to the matters referred to in subsection (a) of
    this section, as being in the public interest for all-cargo air
    transportation:
        (1) encouraging and developing an expedited all-cargo air
      transportation system provided by private enterprise and
      responsive to - 
          (A) the present and future needs of shippers;
          (B) the commerce of the United States; and
          (C) the national defense.

        (2) encouraging and developing an integrated transportation
      system relying on competitive market forces to decide the extent,
      variety, quality, and price of services provided.
        (3) providing services without unreasonable discrimination,
      unfair or deceptive practices, or predatory pricing.

      (c) General Safety Considerations. - In carrying out subpart III
    of this part and those provisions of subpart IV applicable in
    carrying out subpart III, the Administrator of the Federal Aviation
    Administration shall consider the following matters:
        (1) the requirements of national defense and commercial and
      general aviation.
        (2) the public right of freedom of transit through the
      navigable airspace.

      (d) Safety Considerations in Public Interest. - In carrying out
    subpart III of this part and those provisions of subpart IV
    applicable in carrying out subpart III, the Administrator shall
    consider the following matters, among others, as being in the
    public interest:
        (1) assigning, maintaining, and enhancing safety and security
      as the highest priorities in air commerce.
        (2) regulating air commerce in a way that best promotes safety
      and fulfills national defense requirements.
        (3) encouraging and developing civil aeronautics, including new
      aviation technology.
        (4) controlling the use of the navigable airspace and
      regulating civil and military operations in that airspace in the
      interest of the safety and efficiency of both of those
      operations.
        (5) consolidating research and development for air navigation
      facilities and the installation and operation of those
      facilities.
        (6) developing and operating a common system of air traffic
      control and navigation for military and civil aircraft.
        (7) providing assistance to law enforcement agencies in the
      enforcement of laws related to regulation of controlled
      substances, to the extent consistent with aviation safety.

      (e) International Air Transportation. - In formulating United
    States international air transportation policy, the Secretaries of
    State and Transportation shall develop a negotiating policy
    emphasizing the greatest degree of competition compatible with a
    well-functioning international air transportation system, including
    the following:
        (1) strengthening the competitive position of air carriers to
      ensure at least equality with foreign air carriers, including the
      attainment of the opportunity for air carriers to maintain and
      increase their profitability in foreign air transportation.
        (2) freedom of air carriers and foreign air carriers to offer
      prices that correspond to consumer demand.
        (3) the fewest possible restrictions on charter air
      transportation.
        (4) the maximum degree of multiple and permissive international
      authority for air carriers so that they will be able to respond
      quickly to a shift in market demand.
        (5) eliminating operational and marketing restrictions to the
      greatest extent possible.
        (6) integrating domestic and international air transportation.
        (7) increasing the number of nonstop United States gateway
      cities.
        (8) opportunities for carriers of foreign countries to increase
      their access to places in the United States if exchanged for
      benefits of similar magnitude for air carriers or the traveling
      public with permanent linkage between rights granted and rights
      given away.
        (9) eliminating discrimination and unfair competitive practices
      faced by United States airlines in foreign air transportation,
      including - 
          (A) excessive landing and user fees;
          (B) unreasonable ground handling requirements;
          (C) unreasonable restrictions on operations;
          (D) prohibitions against change of gauge; and
          (E) similar restrictive practices.

        (10) promoting, encouraging, and developing civil aeronautics
      and a viable, privately-owned United States air transport
      industry.

      (f) Strengthening Competition. - In selecting an air carrier to
    provide foreign air transportation from among competing applicants,
    the Secretary of Transportation shall consider, in addition to the
    matters specified in subsections (a) and (b) of this section, the
    strengthening of competition among air carriers operating in the
    United States to prevent unreasonable concentration in the air
    carrier industry.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1094; Pub. L.
    104-264, title IV, Sec. 401(a), Oct. 9, 1996, 110 Stat. 3255; Pub.
    L. 106-181, title II, Sec. 201, Apr. 5, 2000, 114 Stat. 91.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40101(a)       49 App.:1302(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 102(a), 72     
                                            Stat. 740; Nov. 9, 1977,    
                                            Pub. L. 95-163, Sec.        
                                            16(b)(1), (2), 91 Stat.     
                                            1284; Oct. 24, 1978, Pub. L.
                                            95-504, Sec. 3(a), 92 Stat. 
                                            1705; restated Feb. 15,     
                                            1980, Pub. L. 96-192, Sec.  
                                            2, 94 Stat. 35.             
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    40101(b)       49 App.:1302(b).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            102(b); added Nov. 9, 1977, 
                                            Pub. L. 95-163, Sec.        
                                            16(b)(3), 91 Stat. 1284.    
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40101(c)       49 App.:1347.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 306, 72 Stat.  
                                            749.                        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40101(d)       49 App.:1303.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 103, 72 Stat.  
                                            740; Nov. 18, 1988, Pub. L. 
                                            100-690, Sec. 7202(b), 102  
                                            Stat. 4424.                 
                   49 App.:1655(c)(1).                                  
    40101(e)       49 App.:1502(b).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1102(b); added Feb. 15,     
                                            1980, Pub. L. 96-192, Sec.  
                                            17, 94 Stat. 42.            
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40101(f)       49 App.:1302(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            102(c); added Oct. 31, 1992,
                                            Pub. L. 102-581, Sec. 205,  
                                            106 Stat. 4894.             
    --------------------------------------------------------------------

      In this part, the words "overseas air commerce" and "overseas air
    transportation" are omitted as obsolete because there no longer is
    a distinction in economic or safety regulation between "interstate"
    and "overseas" air commerce or air transportation.
      In this section, the words "In carrying out . . . this part" are
    substituted for "In the exercise and performance of its powers and
    duties under this chapter" in 49 App.:1302(a), "In the exercise and
    performance of his powers and duties under this chapter" in 49
    App.:1303, and "In exercising the authority granted in, and
    discharging the duties imposed by, this chapter" in 49 App.:1347
    for consistency in the revised title and to eliminate unnecessary
    words.
      In subsections (a) and (b), the reference to subpart II is added
    because the policy applies only to economic issues, and under the
    Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
    Civil Aeronautics Board was given responsibility for economic
    issues.
      In subsection (a)(2), the word "full" is omitted as surplus. The
    words "the recommendations of the Secretary of Transportation on"
    are omitted as obsolete because the Secretary carries out 49
    App.:1302(a). The words "and full evaluation of any report or
    recommendation submitted under section 1307 of this Appendix" are
    omitted as obsolete because the report and recommendations are no
    longer required.
      In subsection (a)(4), the words "by air carriers and foreign air
    carriers" are omitted as surplus. The words "unreasonable
    discrimination" are substituted for "unjust discriminations, undue
    preferences or advantages" for consistency in the revised title and
    to eliminate unnecessary words.
      In subsection (a)(6)(B), the words "nevertheless", "on the one
    hand", and "on the other" are omitted as surplus.
      In subsection (a)(8), before subclause (A), the word
    "authorities" is substituted for "entities" for consistency in the
    revised title and with other titles of the Code. In subclause (A),
    the words "sole responsibility" are omitted as unnecessary because
    of the restatement.
      In subsection (a)(15), the words "United States" are omitted as
    surplus because of the definition of "air carrier" in section
    40102(a) of the revised title.
      In subsection (b)(3), the words "unreasonable discrimination" are
    substituted for "unjust discriminations, undue preferences or
    advantages" for consistency in the revised title and to eliminate
    unnecessary words.
      In subsections (c) and (d), the reference to subpart III is added
    because the policies apply only to safety issues, and under the
    Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
    Federal Aviation Administration was given responsibility for safety
    issues.
      In subsection (c), before clause (1), the word "Administrator" in
    section 306 of the Federal Aviation Act of 1958 (Public Law 85-726,
    72 Stat. 749) is retained on authority of 49:106(g). The words
    "consider the following matters" are substituted for "give full
    consideration to" for consistency in this section.
      In subsection (d)(3), the word "both" in 49 App.:1303(c) is
    omitted as surplus the first time it appears. The words "of the
    United States" are omitted for consistency in the revised title and
    because of the definition of "navigable airspace" in section
    40102(a) of the revised title. The words "of those operations" are
    added for clarity.
      In subsection (d)(5), the word "both" in 49 App.:1303(e) is
    omitted as surplus.
      In subsection (e), before clause (1), the words "the Congress
    intends that" are omitted as surplus. In clauses (1) and (4), the
    words "United States" are omitted as surplus because of the
    definition of "air carrier" in section 40102(a) of the revised
    title. In clause (2), the word "prices" is substituted for "fares
    and rates" because of the definition of "price" in section
    40102(a). In clause (8), the words "places in the United States"
    are substituted for "United States points" for consistency in this
    chapter. The word "air" is added for clarity and consistency in
    this subtitle. In clause (9)(C), the word "unreasonable" is
    substituted for "undue" for consistency in the revised title and
    with other titles of the United States Code.

                                AMENDMENTS                            
      2000 - Subsec. (a)(16). Pub. L. 106-181 added par. (16).
      1996 - Subsec. (d)(1). Pub. L. 104-264, Sec. 401(a)(1)(B), added
    par. (1). Former par. (1) redesignated (2).
      Subsec. (d)(2). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(A),
    redesignated par. (1) as (2) and struck out "its development and"
    after "best promotes". Former par. (2) redesignated (3).
      Subsec. (d)(3). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(B),
    redesignated par. (2) as (3) and substituted "encouraging and
    developing civil aeronautics, including new aviation technology"
    for "promoting, encouraging, and developing civil aeronautics".
    Former par. (3) redesignated (4).
      Subsec. (d)(4) to (7). Pub. L. 104-264, Sec. 401(a)(1)(A),
    redesignated pars. (3) to (6) as (4) to (7), respectively.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-297, Sec. 1, Aug. 9, 2004, 118 Stat. 1095, provided
    that: "This Act [enacting section 44113 of this title, amending
    sections 44107 and 44108 of this title, and enacting provisions set
    out as notes under section 44101 of this title] may be cited as
    'Cape Town Treaty Implementation Act of 2004'."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-176, Sec. 1(a), Dec. 12, 2003, 117 Stat. 2490,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Vision 100 - Century of Aviation Reauthorization
    Act'."
      Pub. L. 108-176, title III, Sec. 301, Dec. 12, 2003, 117 Stat.
    2533, provided that: "This title [enacting subchapter III of
    chapter 471 of this title, amending sections 40104, 40128, 47106,
    47503, and 47504 of this title, and enacting provisions set out as
    notes under this section and sections 40128, 47171, 47503, and
    47508 of this title] may be cited as 'Aviation Streamlining
    Approval Process Act of 2003'."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-296, title XIV, Sec. 1401, Nov. 25, 2002, 116 Stat.
    2300, provided that: "This title [enacting section 44921 of this
    title and section 513 of Title 6, Domestic Security, amending
    sections 44903 and 44918 of this title, amending provisions set out
    as a note under section 114 of this title, and repealing provisions
    set out as a note under section 44903 of this title] may be cited
    as the 'Arming Pilots Against Terrorism Act'."

                       SHORT TITLE OF 2001 AMENDMENT                   
      Pub. L. 107-71, Sec. 1, Nov. 19, 2001, 115 Stat. 597, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Aviation and Transportation Security Act'."

                      SHORT TITLE OF 2000 AMENDMENTS                  
      Pub. L. 106-528, Sec. 1, Nov. 22, 2000, 114 Stat. 2517, provided
    that: "This Act [amending sections 106, 41104, 44903, 44935, and
    44936 of this title, enacting provisions set out as notes under
    sections 106, 44903, and 44936 of this title, and amending
    provisions set out as notes under sections 40128 and 47501 of this
    title] may be cited as the 'Airport Security Improvement Act of
    2000'."
      Pub. L. 106-181, Sec. 1(a), Apr. 5, 2000, 114 Stat. 61, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Wendell H. Ford Aviation Investment and Reform Act for the 21st
    Century'."

                       SHORT TITLE OF 1999 AMENDMENT                   
      Pub. L. 106-6, Sec. 1, Mar. 31, 1999, 113 Stat. 10, provided
    that: "This Act [amending sections 106, 44310, 47104, 47115 to
    47117, 48101, and 48103 of this title] may be cited as the 'Interim
    Federal Aviation Administration Authorization Act'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-155, Sec. 1, Feb. 11, 1998, 112 Stat. 5, provided
    that: "This Act [amending section 48102 of this title and enacting
    provisions set out as a note under section 48102 of this title] may
    be cited as the 'FAA Research, Engineering, and Development
    Authorization Act of 1998'."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-137, Sec. 1, Dec. 2, 1997, 111 Stat. 2640, provided
    that: "This Act [amending sections 40102, 44302, 44305, 44306,
    44308, and 44310 of this title and enacting provisions set out as a
    note under section 44310 of this title] may be cited as the
    'Aviation Insurance Reauthorization Act of 1997'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1(a) of Pub. L. 104-264 provided that: "This Act [see
    Tables for classification] may be cited as the 'Federal Aviation
    Reauthorization Act of 1996'."
      Section 201 of title II of Pub. L. 104-264 provided that: "This
    title [enacting sections 40121, 40122, 45301, 45303, 48111, and
    48201 of this title, amending sections 106 and 41742 of this title,
    renumbering section 45303 of this title as section 45304, repealing
    former section 45301 of this title, and enacting provisions set out
    as notes under this section and sections 106, 40110, and 41742 of
    this title] may be cited as the 'Air Traffic Management System
    Performance Improvement Act of 1996'."
      Section 278(a) of Pub. L. 104-264 provided that: "This section
    [amending section 41742 of this title and enacting provisions set
    out as a note under section 41742 of this title] may be cited as
    the 'Rural Air Service Survival Act'."
      Section 501 of title V of Pub. L. 104-264 provided that: "This
    title [amending sections 30305, 44936, and 46301 of this title and
    enacting provisions set out as notes under sections 30305 and 44935
    of this title] may be cited as the 'Pilot Records Improvement Act
    of 1996'."
      Section 601 of title VI of Pub. L. 104-264 provided that: "This
    title [enacting section 44724 of this title] may be cited as the
    'Child Pilot Safety Act'."
      Section 701 of title VII of Pub. L. 104-264 provided that: "This
    title [enacting sections 1136 and 41113 of this title and
    provisions set out as notes under section 41113 of this title] may
    be cited as the 'Aviation Disaster Family Assistance Act of 1996'."
      Section 801 of title VIII of Pub. L. 104-264 provided that: "This
    title [enacting section 47133 of this title, amending sections
    46301 and 47107 of this title and section 9502 of Title 26,
    Internal Revenue Code, and enacting provisions set out as notes
    under section 47107 of this title] may be cited as the 'Airport
    Revenue Protection Act of 1996'."
      Section 1101 of title XI of Pub. L. 104-264 provided that: "This
    title [amending sections 44501, 44508, and 48102 of this title] may
    be cited as the 'FAA Research, Engineering, and Development
    Management Reform Act of 1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-305, Sec. 1(a), Aug. 23, 1994, 108 Stat. 1569,
    provided that: "This Act [enacting sections 41311, 41714, 41715,
    47129, 47130, and 47509 of this title, amending sections 106,
    10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502,
    44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to
    47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of
    this title and section 9502 of Title 26, Internal Revenue Code,
    renumbering former section 47129 of this title as section 47131 of
    this title, enacting provisions set out as notes under this section
    and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715,
    44502, 45102, 47101, 47107, 47124, and 49101 of this title, and
    repealing provisions set out as a note under section 1348 of former
    Title 49, Transportation] may be cited as the 'Federal Aviation
    Administration Authorization Act of 1994'."
      Pub. L. 103-305, title III, Sec. 301, Aug. 23, 1994, 108 Stat.
    1589, provided that: "This title [enacting section 47509 of this
    title, amending sections 44505 and 48102 of this title, and
    enacting provisions set out as notes under this section and section
    49101 of this title] may be cited as the 'Federal Aviation
    Administration Research, Engineering, and Development Authorization
    Act of 1994'."

                REVITALIZATION OF AVIATION AND AERONAUTICS            
      Pub. L. 108-176, Sec. 4, Dec. 12, 2003, 117 Stat. 2493, provided
    that: "Congress finds the following:
        "(1) The United States has revolutionized the way people
      travel, developing new technologies and aircraft to move people
      more efficiently and more safely.
        "(2) Past Federal investment in aeronautics research and
      development has benefited the economy and national security of
      the United States and the quality of life of its citizens.
        "(3) The total impact of civil aviation on the United States
      economy exceeds $900,000,000,000 annually and accounts for 9
      percent of the gross national product and 11,000,000 jobs in the
      national workforce. Civil aviation products and services generate
      a significant surplus for United States trade accounts, and
      amount to significant numbers of the Nation's highly skilled,
      technologically qualified work force.
        "(4) Aerospace technologies, products, and services underpin
      the advanced capabilities of our men and women in uniform and
      those charged with homeland security.
        "(5) Future growth in civil aviation increasingly will be
      constrained by concerns related to aviation system safety and
      security, aviation system capabilities, aircraft noise,
      emissions, and fuel consumption.
        "(6) Revitalization and coordination of the United States
      efforts to maintain its leadership in aviation and aeronautics
      are critical and must begin now.
        "(7) A recent report by the Commission on the Future of the
      United States Aerospace Industry outlined the scope of the
      problems confronting the aerospace and aviation industries in the
      United States and found that - 
          "(A) aerospace will be at the core of the Nation's leadership
        and strength throughout the 21st century;
          "(B) aerospace will play an integral role in the Nation's
        economy, security, and mobility; and
          "(C) global leadership in aerospace is a national imperative.
        "(8) Despite the downturn in the global economy, projections of
      the Federal Aviation Administration indicate that upwards of
      1,000,000,000 people will fly annually by 2013. Efforts must
      begin now to prepare for future growth in the number of airline
      passengers.
        "(9) The United States must increase its investment in research
      and development to revitalize the aviation and aerospace
      industries, to create jobs, and to provide educational assistance
      and training to prepare workers in those industries for the
      future."

              REPORT ON LONG-TERM ENVIRONMENTAL IMPROVEMENTS          
      Pub. L. 108-176, title III, Sec. 321, Dec. 12, 2003, 117 Stat.
    2540, provided that:
      "(a) In General. - The Secretary of Transportation, in
    consultation with the Administrator of the National Aeronautics and
    Space Administration, shall conduct a study of ways to reduce
    aircraft noise and emissions and to increase aircraft fuel
    efficiency. The study shall - 
        "(1) explore new operational procedures for aircraft to achieve
      those goals;
        "(2) identify both near-term and long-term options to achieve
      those goals;
        "(3) identify infrastructure changes that would contribute to
      attainment of those goals;
        "(4) identify emerging technologies that might contribute to
      attainment of those goals;
        "(5) develop a research plan for application of such emerging
      technologies, including new combustor and engine design concepts
      and methodologies for designing high bypass ratio turbofan
      engines so as to minimize the effects on climate change per unit
      of production of thrust and flight speed; and
        "(6) develop an implementation plan for exploiting such
      emerging technologies to attain those goals.
      "(b) Report. - The Secretary shall transmit a report on the study
    to the Senate Committee on Commerce, Science, and Transportation
    and the House of Representatives Committee on Transportation and
    Infrastructure within 1 year after the date of enactment of this
    Act [Dec. 12, 2003].
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated to the Secretary $500,000 for fiscal year 2004 to
    carry out this section."

          REDUCTION OF NOISE AND EMISSIONS FROM CIVILIAN AIRCRAFT      
      Pub. L. 108-176, title III, Sec. 326, Dec. 12, 2003, 117 Stat.
    2542, provided that:
      "(a) Establishment of Research Program. - From amounts made
    available under section 48102(a) of title 49, United States Code,
    the Secretary of Transportation shall establish a research program
    related to reducing community exposure to civilian aircraft noise
    or emissions through grants or other measures authorized under
    section 106(l)(6) of such title, including reimbursable agreements
    with other Federal agencies. The program shall include
    participation by educational and research institutions that have
    existing facilities for developing and testing noise reduction
    engine technology.
      "(b) Designation of Institute as a Center of Excellence. - The
    Administrator of the Federal Aviation Administration shall
    designate an institution described in subsection (a) as a Center of
    Excellence for Noise and Emission Research."

      AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE  
      Pub. L. 108-176, title VII, Sec. 709, Dec. 12, 2003, 117 Stat.
    2582, provided that:
      "(a) Establishment. - (1) The Secretary of Transportation shall
    establish in the Federal Aviation Administration a joint planning
    and development office to manage work related to the Next
    Generation Air Transportation System. The office shall be known as
    the Next Generation Air Transportation System Joint Planning and
    Development Office (in this section referred to as the 'Office').
      "(2) The responsibilities of the Office shall include - 
        "(A) creating and carrying out an integrated plan for a Next
      Generation Air Transportation System pursuant to subsection (b);
        "(B) overseeing research and development on that system;
        "(C) creating a transition plan for the implementation of that
      system;
        "(D) coordinating aviation and aeronautics research programs to
      achieve the goal of more effective and directed programs that
      will result in applicable research;
        "(E) coordinating goals and priorities and coordinating
      research activities within the Federal Government with United
      States aviation and aeronautical firms;
        "(F) coordinating the development and utilization of new
      technologies to ensure that when available, they may be used to
      their fullest potential in aircraft and in the air traffic
      control system;
        "(G) facilitating the transfer of technology from research
      programs such as the National Aeronautics and Space
      Administration program and the Department of Defense Advanced
      Research Projects Agency program to Federal agencies with
      operational responsibilities and to the private sector; and
        "(H) reviewing activities relating to noise, emissions, fuel
      consumption, and safety conducted by Federal agencies, including
      the Federal Aviation Administration, the National Aeronautics and
      Space Administration, the Department of Commerce, and the
      Department of Defense.
      "(3) The Office shall operate in conjunction with relevant
    programs in the Department of Defense, the National Aeronautics and
    Space Administration, the Department of Commerce and the Department
    of Homeland Security. The Secretary of Transportation may request
    assistance from staff from those Departments and other Federal
    agencies.
      "(4) In developing and carrying out its plans, the Office shall
    consult with the public and ensure the participation of experts
    from the private sector including representatives of commercial
    aviation, general aviation, aviation labor groups, aviation
    research and development entities, aircraft and air traffic control
    suppliers, and the space industry.
      "(b) Integrated Plan. - The integrated plan shall be designed to
    ensure that the Next Generation Air Transportation System meets air
    transportation safety, security, mobility, efficiency, and capacity
    needs beyond those currently included in the Federal Aviation
    Administration's operational evolution plan and accomplishes the
    goals under subsection (c). The integrated plan shall include - 
        "(1) a national vision statement for an air transportation
      system capable of meeting potential air traffic demand by 2025;
        "(2) a description of the demand and the performance
      characteristics that will be required of the Nation's future air
      transportation system, and an explanation of how those
      characteristics were derived, including the national goals,
      objectives, and policies the system is designed to further, and
      the underlying socioeconomic determinants, and associated models
      and analyses;
        "(3) a multiagency research and development roadmap for
      creating the Next Generation Air Transportation System with the
      characteristics outlined under clause (ii) [(2)], including - 
          "(A) the most significant technical obstacles and the
        research and development activities necessary to overcome them,
        including for each project, the role of each Federal agency,
        corporations, and universities;
          "(B) the annual anticipated cost of carrying out the research
        and development activities; and
          "(C) the technical milestones that will be used to evaluate
        the activities; and
        "(4) a description of the operational concepts to meet the
      system performance requirements for all system users and a
      timeline and anticipated expenditures needed to develop and
      deploy the system to meet the vision for 2025.
      "(c) Goals. - The Next Generation Air Transportation System shall
    - 
        "(1) improve the level of safety, security, efficiency,
      quality, and affordability of the National Airspace System and
      aviation services;
        "(2) take advantage of data from emerging ground-based and
      space-based communications, navigation, and surveillance
      technologies;
        "(3) integrate data streams from multiple agencies and sources
      to enable situational awareness and seamless global operations
      for all appropriate users of the system, including users
      responsible for civil aviation, homeland security, and national
      security;
        "(4) leverage investments in civil aviation, homeland security,
      and national security and build upon current air traffic
      management and infrastructure initiatives to meet system
      performance requirements for all system users;
        "(5) be scalable to accommodate and encourage substantial
      growth in domestic and international transportation and
      anticipate and accommodate continuing technology upgrades and
      advances;
        "(6) accommodate a wide range of aircraft operations, including
      airlines, air taxis, helicopters, general aviation, and unmanned
      aerial vehicles; and
        "(7) take into consideration, to the greatest extent
      practicable, design of airport approach and departure flight
      paths to reduce exposure of noise and emissions pollution on
      affected residents.
      "(d) Reports. - The Administrator of the Federal Aviation
    Administration shall transmit to the Committee on Commerce,
    Science, and Transportation in the Senate and the Committee on
    Transportation and Infrastructure and the Committee on Science in
    the House of Representatives - 
        "(1) not later than 1 year after the date of enactment of this
      Act [Dec. 12, 2003], the integrated plan required in subsection
      (b); and
        "(2) annually at the time of the President's budget request, a
      report describing the progress in carrying out the plan required
      under subsection (b) and any changes to that plan.
      "(e) Authorization of Appropriations. - There are authorized to
    be appropriated to the Office $50,000,000 for each of the fiscal
    years 2004 through 2010."

        NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE    
      Pub. L. 108-176, title VII, Sec. 710, Dec. 12, 2003, 117 Stat.
    2584, provided that:
      "(a) In General. - The Secretary of Transportation shall
    establish a senior policy committee to work with the Next
    Generation Air Transportation System Joint Planning and Development
    Office. The senior policy committee shall be chaired by the
    Secretary.
      "(b) Membership. - In addition to the Secretary, the senior
    policy committee shall be composed of - 
        "(1) the Administrator of the Federal Aviation Administration
      (or the Administrator's designee);
        "(2) the Administrator of the National Aeronautics and Space
      Administration (or the Administrator's designee);
        "(3) the Secretary of Defense (or the Secretary's designee);
        "(4) the Secretary of Homeland Security (or the Secretary's
      designee);
        "(5) the Secretary of Commerce (or the Secretary's designee);
        "(6) the Director of the Office of Science and Technology
      Policy (or the Director's designee); and
        "(7) designees from other Federal agencies determined by the
      Secretary of Transportation to have an important interest in, or
      responsibility for, other aspects of the system.
      "(c) Function. - The senior policy committee shall - 
        "(1) advise the Secretary of Transportation regarding the
      national goals and strategic objectives for the transformation of
      the Nation's air transportation system to meet its future needs;
        "(2) provide policy guidance for the integrated plan for the
      air transportation system to be developed by the Next Generation
      Air Transportation System Joint Planning and Development Office;
        "(3) provide ongoing policy review for the transformation of
      the air transportation system;
        "(4) identify resource needs and make recommendations to their
      respective agencies for necessary funding for planning, research,
      and development activities; and
        "(5) make legislative recommendations, as appropriate, for the
      future air transportation system.
      "(d) Consultation. - In carrying out its functions under this
    section, the senior policy committee shall consult with, and ensure
    participation by, the private sector (including representatives of
    general aviation, commercial aviation, aviation labor, and the
    space industry), members of the public, and other interested
    parties and may do so through a special advisory committee composed
    of such representatives."

      REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL AVIATION ENTITIES  
      Pub. L. 108-176, title VIII, Sec. 817, Dec. 12, 2003, 117 Stat.
    2592, provided that:
      "(a) In General. - The Secretary of Transportation may make
    grants to reimburse the following general aviation entities for the
    security costs incurred and revenue foregone as a result of the
    restrictions imposed by the Federal Government following the
    terrorist attacks on the United States that occurred on September
    11, 2001:
        "(1) General aviation entities that operate at Ronald Reagan
      Washington National Airport.
        "(2) Airports that are located within 15 miles of Ronald Reagan
      Washington National Airport and were operating under security
      restrictions on the date of enactment of this Act [Dec. 12, 2003]
      and general aviation entities operating at those airports.
        "(3) General aviation entities affected by implementation of
      section 44939 of title 49, United States Code.
        "(4) General aviation entities that were affected by Federal
      Aviation Administration Notices to Airmen FDC 2/1099 and 3/1862
      or section 352 of the Department of Transportation and Related
      Agencies Appropriations Act, 2003 (Public Law 108-7, division I)
      [117 Stat. 420], or both.
        "(5) Sightseeing operations that were not authorized to resume
      in enhanced class B air space under Federal Aviation
      Administration notice to airmen 1/1225.
      "(b) Documentation. - Reimbursement under this section shall be
    made in accordance with sworn financial statements or other
    appropriate data submitted by each general aviation entity
    demonstrating the costs incurred and revenue foregone to the
    satisfaction of the Secretary.
      "(c) General Aviation Entity Defined. - In this section, the term
    'general aviation entity' means any person (other than a scheduled
    air carrier or foreign air carrier, as such terms are defined in
    section 40102 of title 49, United States Code) that - 
        "(1) operates nonmilitary aircraft under part 91 of title 14,
      Code of Federal Regulations, for the purpose of conducting its
      primary business;
        "(2) manufactures nonmilitary aircraft with a maximum seating
      capacity of fewer than 20 passengers or aircraft parts to be used
      in such aircraft;
        "(3) provides services necessary for nonmilitary operations
      under such part 91; or
        "(4) operates an airport, other than a primary airport (as such
      terms are defined in such section 40102), that - 
          "(A) is listed in the national plan of integrated airport
        systems developed by the Federal Aviation Administration under
        section 47103 of such title; or
          "(B) is normally open to the public, is located within the
        confines of enhanced class B airspace (as defined by the
        Federal Aviation Administration in Notice to Airmen FDC
        1/0618), and was closed as a result of an order issued by the
        Federal Aviation Administration in the period beginning
        September 11, 2001, and ending January 1, 2002, and remained
        closed as a result of that order on January 1, 2002.
    Such term includes fixed based operators, flight schools,
    manufacturers of general aviation aircraft and products, persons
    engaged in nonscheduled aviation enterprises, and general aviation
    independent contractors.
      "(d) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this section $100,000,000. Such sums
    shall remain available until expended."

        GAO REPORT ON AIRLINES' ACTIONS TO IMPROVE FINANCES AND ON
                          EXECUTIVE COMPENSATION
      Pub. L. 108-176, title VIII, Sec. 826, Dec. 12, 2003, 117 Stat.
    2596, provided that:
      "(a) Finding. - Congress finds that the United States Government
    has by law provided substantial financial assistance to United
    States commercial airlines in the form of war risk insurance and
    reinsurance and other economic benefits and has imposed substantial
    economic and regulatory burdens on those airlines. In order to
    determine the economic viability of the domestic commercial airline
    industry and to evaluate the need for additional measures or the
    modification of existing laws, Congress needs more frequent
    information and independently verified information about the
    financial condition of these airlines.
      "(b) GAO Report. - Not later than one year after the date of
    enactment of this Act [Dec. 12, 2003], the Comptroller General
    shall prepare a report for Congress analyzing the financial
    condition of the United States airline industry in its efforts to
    reduce the costs, improve the earnings and profits and balances of
    each individual air carrier. The report shall recommend steps that
    the industry should take to become financially self-sufficient.
      "(c) GAO Authority. - In order to compile the report required by
    subsection (b), the Comptroller General, or any of the Comptroller
    General's duly authorized representatives, shall have access for
    the purpose of audit and examination to any books, accounts,
    documents, papers, and records of such air carriers that relate to
    the information required to compile the report. The Comptroller
    General shall submit with the report a certification as to whether
    the Comptroller General has had access to sufficient information to
    make informed judgments on the matters covered by the report.
      "(d) Reports to Congress. - The Comptroller General shall
    transmit the report required by subsection (b) to the Senate
    Committee on Commerce, Science, and Transportation and the House of
    Representatives Committee on Transportation and Infrastructure."

                         MAIL AND FREIGHT WAIVERS                     
      Pub. L. 107-71, title I, Sec. 127, Nov. 19, 2001, 115 Stat. 632,
    provided that:
      "(a) In General. - During a national emergency affecting air
    transportation or intrastate air transportation, the Secretary of
    Transportation, after consultation with the Transportation Security
    Oversight Board, may grant a complete or partial waiver of any
    restrictions on the carriage by aircraft of freight, mail,
    emergency medical supplies, personnel, or patients on aircraft,
    imposed by the Department of Transportation (or other Federal
    agency or department) that would permit such carriage of freight,
    mail, emergency medical supplies, personnel, or patients on
    flights, to, from, or within a State if the Secretary determines
    that - 
        "(1) extraordinary air transportation needs or concerns exist;
      and
        "(2) the waiver is in the public interest, taking into
      consideration the isolation of and dependence on air
      transportation of the State.
      "(b) Limitations. - The Secretary may impose reasonable
    limitations on any such waiver."

       AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE   
      Pub. L. 107-71, title I, Sec. 145, Nov. 19, 2001, 115 Stat. 645,
    as amended by Pub. L. 108-7, div. I, title III, Sec. 372, Feb. 20,
    2003, 117 Stat. 427; Pub. L. 108-176, title IV, Sec. 428, Dec. 12,
    2003, 117 Stat. 2556; Pub. L. 108-458, title VIII, Sec. 8404, Dec.
    17, 2004, 118 Stat. 3872; Pub. L. 109-115, div. A, title I, Sec.
    178, Nov. 30, 2005, 119 Stat. 2427, provided that:
      "(a) In General. - Each air carrier that provides scheduled air
    transportation on a route shall provide, to the extent practicable,
    air transportation to passengers ticketed for air transportation on
    that route by any other air carrier that suspends, interrupts, or
    discontinues air passenger service on the route by reason of
    insolvency or bankruptcy of the other air carrier.
      "(b) Passenger Obligation. - An air carrier is not required to
    provide air transportation under subsection (a) to a passenger
    unless that passenger makes alternative arrangements with the air
    carrier for such transportation within 60 days after the date on
    which that passenger's air transportation was suspended,
    interrupted, or discontinued (without regard to the originally
    scheduled travel date on the ticket).
      "(c) Sunset. - This section does not apply to air transportation
    the suspension, interruption, or discontinuance of which occurs
    after November 30, 2006."

      RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO
                  SEPTEMBER 11TH VICTIM COMPENSATION FUND
      Pub. L. 107-56, title VI, Sec. 622(e)(2), Oct. 26, 2001, 115
    Stat. 372, provided that: "With respect to any compensation payable
    under title IV of Public Law 107-42 [set out as a note below], the
    failure of a crime victim compensation program, after the effective
    date of final regulations issued pursuant to section 407 of Public
    Law 107-42, to provide compensation otherwise required pursuant to
    section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)
    shall not render that program ineligible for future grants under
    the Victims of Crime Act of 1984 [42 U.S.C. 10601 et seq.]."

            AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION        
      Pub. L. 107-42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub.
    L. 107-71, title I, Sec. 124(a), (c), (d), title II, Sec. 201, Nov.
    19, 2001, 115 Stat. 631, 645; Pub. L. 107-134, title I, Sec.
    114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107-296, title VIII,
    Sec. 890, title XII, Sec. 1201(2), Nov. 25, 2002, 116 Stat. 2251,
    2286, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Air Transportation Safety and
    System Stabilization Act'.

                     "TITLE I - AIRLINE STABILIZATION                 

      "SEC. 101. AVIATION DISASTER RELIEF.
      "(a) In General. - Notwithstanding any other provision of law,
    the President shall take the following actions to compensate air
    carriers for losses incurred by the air carriers as a result of the
    terrorist attacks on the United States that occurred on September
    11, 2001:
        "(1) Subject to such terms and conditions as the President
      deems necessary, issue Federal credit instruments to air carriers
      that do not, in the aggregate, exceed $10,000,000,000 and provide
      the subsidy amounts necessary for such instruments in accordance
      with the provisions of the Federal Credit Reform Act of 1990 (2
      U.S.C. 661 et seq.).
        "(2) Compensate air carriers in an aggregate amount equal to
      $5,000,000,000 for - 
          "(A) direct losses incurred beginning on September 11, 2001,
        by air carriers as a result of any Federal ground stop order
        issued by the Secretary of Transportation or any subsequent
        order which continues or renews such a stoppage; and
          "(B) the incremental losses incurred beginning September 11,
        2001, and ending December 31, 2001, by air carriers as a direct
        result of such attacks.
      "(b) Emergency Designation. - Congress designates the amount of
    new budget authority and outlays in all fiscal years resulting from
    this title as an emergency requirement pursuant to section 252(e)
    of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
    U.S.C. 901(e)). Such amount shall be available only to the extent
    that a request, that includes designation of such amount as an
    emergency requirement as defined in such Act [see Short Title note
    set out under section 900 of Title 2, The Congress], is transmitted
    by the President to Congress.

      "SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.
      "(a) Definitions. - In this section, the following definitions
    apply:
        "(1) Board. - The term 'Board' means the Air Transportation
      Stabilization Board established under subsection (b).
        "(2) Financial obligation. - The term 'financial obligation'
      means any note, bond, debenture, or other debt obligation issued
      by an obligor in connection with financing under this section and
      section 101(a)(1).
        "(3) Lender. - The term 'lender' means any non-Federal
      qualified institutional buyer (as defined by section 230.144A(a)
      of title 17, Code of Federal Regulations (or any successor
      regulation) known as Rule 144A(a) of the Securities and Exchange
      Commission and issued under the Security Act of 1933 [probably
      should be Securities Act of 1933, 15 U.S.C. 77a et seq.][)],
      including - 
          "(A) a qualified retirement plan (as defined in section
        4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
        4974(c))[)] that is a qualified institutional buyer; and
          "(B) a governmental plan (as defined in section 414(d) of the
        Internal Revenue Code of 1986 (26 U.S.C. 414(d))[)] that is a
        qualified institutional buyer.
        "(4) Obligor. - The term 'obligor' means a party primarily
      liable for payment of the principal of or interest on a Federal
      credit instrument, which party may be a corporation, partnership,
      joint venture, trust, or governmental entity, agency, or
      instrumentality.
      "(b) Air Transportation Stabilization Board. - 
        "(1) Establishment. - There is established a board (to be known
      as the 'Air Transportation Stabilization Board') to review and
      decide on applications for Federal credit instruments under
      section 101(a)(1).
        "(2) Composition. - The Board shall consist of - 
          "(A) the Secretary of Transportation or the designee of the
        Secretary;
          "(B) the Chairman of the Board of Governors of the Federal
        Reserve System, or the designee of the Chairman, who shall be
        the Chair of the Board;
          "(C) the Secretary of the Treasury or the designee of the
        Secretary; and
          "(D) the Comptroller General of the United States, or the
        designee of the Comptroller General, as a nonvoting member of
        the Board.
      "(c) Federal Credit Instruments. - 
        "(1) In general. - The Board may enter into agreements with 1
      or more obligors to issue Federal credit instruments under
      section 101(a)(1) if the Board determines, in its discretion,
      that - 
          "(A) the obligor is an air carrier for which credit is not
        reasonably available at the time of the transaction;
          "(B) the intended obligation by the obligor is prudently
        incurred; and
          "(C) such agreement is a necessary part of maintaining a
        safe, efficient, and viable commercial aviation system in the
        United States.
        "(2) Terms and limitations. - 
          "(A) Forms; terms and conditions. - A Federal credit
        instrument shall be issued under section 101(a)(1) in such form
        and on such terms and conditions and contain such covenants,
        representations, warranties, and requirements (including
        requirements for audits) as the Board determines appropriate.
          "(B) Procedures. - Not later than 14 days after the date of
        enactment of this Act [Sept. 22, 2001], the Director of the
        Office of Management and Budget shall issue regulations setting
        forth procedures for application and minimum requirements,
        which may be supplemented by the Board in its discretion, for
        the issuance of Federal credit instruments under section
        101(a)(1).
      "(d) Financial Protection of Government. - 
        "(1) In general. - To the extent feasible and practicable, the
      Board shall ensure that the Government is compensated for the
      risk assumed in making guarantees under this title.
        "(2) Government participation in gains. - To the extent to
      which any participating corporation accepts financial assistance,
      in the form of accepting the proceeds of any loans guaranteed by
      the Government under this title, the Board is authorized to enter
      into contracts under which the Government, contingent on the
      financial success of the participating corporation, would
      participate in the gains of the participating corporation or its
      security holders through the use of such instruments as warrants,
      stock options, common or preferred stock, or other appropriate
      equity instruments.
        "(3) Deposit in treasury. - All amounts collected by the
      Secretary of the Treasury under this subsection shall be
      deposited in the Treasury as miscellaneous receipts.

      "SEC. 103. SPECIAL RULES FOR COMPENSATION.
      "(a) Documentation. - Subject to subsection (b), the amount of
    compensation payable to an air carrier under section 101(a)(2) may
    not exceed the amount of losses described in section 101(a)(2) that
    the air carrier demonstrates to the satisfaction of the President,
    using sworn financial statements or other appropriate data, that
    the air carrier incurred. The Secretary of Transportation and the
    Comptroller General of the United States may audit such statements
    and may request any information that the Secretary and the
    Comptroller General deems necessary to conduct such audit.
      "(b) Maximum Amount of Compensation Payable Per Air Carrier. -
    The maximum total amount of compensation payable to an air carrier
    under section 101(a)(2) may not exceed the lesser of - 
        "(1) the amount of such air carrier's direct and incremental
      losses described in section 101(a)(2); or
        "(2) in the case of - 
          "(A) flights involving passenger-only or combined passenger
        and cargo transportation, the product of - 
            "(i) $4,500,000,000; and
            "(ii) the ratio of - 
         "(I) the available seat miles of the air carrier for the month
          of August 2001 as reported to the Secretary; to
         "(II) the total available seat miles of all such air carriers
          for such month as reported to the Secretary; and
          "(B) flights involving cargo-only transportation, the product
        of - 
            "(i) $500,000,000; and
            "(ii) the ratio of - 
         "(I) the revenue ton miles or other auditable measure of the
          air carrier for cargo for the latest quarter for which data
          is available as reported to the Secretary; to
         "(II) the total revenue ton miles or other auditable measure
          of all such air carriers for cargo for such quarter as
          reported to the Secretary.
      "(c) Payments. - The President may provide compensation to air
    carriers under section 101(a)(2) in 1 or more payments up to the
    amount authorized by this title.
      "(d) Compensation for Certain Air Carriers. - 
        "(1) Set-aside. - The President may set aside a portion of the
      amount of compensation payable to air carriers under section
      101(a)(2) to provide compensation to classes of air carriers,
      such as air tour operators and air ambulances (including
      hospitals operating air ambulances) for whom the application of a
      distribution formula containing available seat miles as a factor
      would inadequately reflect their share of direct and incremental
      losses. The President shall reduce the $4,500,000,000 specified
      in subsection (b)(2)(A)(i) by the amount set aside under this
      subsection.
        "(2) Distribution of amounts. - The President shall distribute
      the amount set aside under this subsection proportionally among
      such air carriers based on an appropriate auditable measure, as
      determined by the President.

      "SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
      "(a) In General. - The President may only issue a Federal credit
    instrument under section 101(a)(1) to an air carrier after the air
    carrier enters into a legally binding agreement with the President
    that, during the 2-year period beginning September 11, 2001, and
    ending September 11, 2003, no officer or employee of the air
    carrier whose total compensation exceeded $300,000 in calendar year
    2000 (other than an employee whose compensation is determined
    through an existing collective bargaining agreement entered into
    prior to September 11, 2001) - 
        "(1) will receive from the air carrier total compensation which
      exceeds, during any 12 consecutive months of such 2-year period,
      the total compensation received by the officer or employee from
      the air carrier in calendar year 2000; and
        "(2) will receive from the air carrier severance pay or other
      benefits upon termination of employment with the air carrier
      which exceeds twice the maximum total compensation received by
      the officer or employee from the air carrier in calendar year
      2000.
      "(b) Total Compensation Defined. - In this section, the term
    'total compensation' includes salary, bonuses, awards of stock, and
    other financial benefits provided by an air carrier to an officer
    or employee of the air carrier.

      "SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
      "(a) Action of Secretary. - The Secretary of Transportation
    should take appropriate action to ensure that all communities that
    had scheduled air service before September 11, 2001, continue to
    receive adequate air transportation service and that essential air
    service to small communities continues without interruption.
      "(b) Essential Air Service. - There is authorized to be
    appropriated to the Secretary to carry out the essential air
    service program under subchapter II of chapter 417 of title 49,
    United States Code, $120,000,000 for fiscal year 2002.
      "(c) Secretarial Oversight. - 
        "(1) In general. - Notwithstanding any other provision of law,
      the Secretary is authorized to require an air carrier receiving
      direct financial assistance under this Act to maintain scheduled
      air service to any point served by that carrier before September
      11, 2001.
        "(2) Agreements. - In applying paragraph (1), the Secretary may
      require air carriers receiving direct financial assistance under
      this Act to enter into agreements which will ensure, to the
      maximum extent practicable, that all communities that had
      scheduled air service before September 11, 2001, continue to
      receive adequate air transportation service.

      "SEC. 106. REPORTS.
      "(a) Report. - Not later than February 1, 2002, the President
    shall transmit to the Committee on Transportation and
    Infrastructure, the Committee on Appropriations, and the Committee
    on the Budget of the House of Representatives and the Committee on
    Commerce, Science, and Transportation, the Committee on
    Appropriations, and the Committee on the Budget of the Senate a
    report on the financial status of the air carrier industry and the
    amounts of assistance provided under this title to each air
    carrier.
      "(b) Update. - Not later than the last day of the 7-month period
    following the date of enactment of this Act [Sept. 22, 2001], the
    President shall update and transmit the report to the Committees.

      "SEC. 107. DEFINITIONS.
      "In this title, the following definitions apply:
        "(1) Air carrier. - The term 'air carrier' has the meaning such
      term has under section 40102 of title 49, United States Code.
        "(2) Federal credit instrument. - The term 'Federal credit
      instrument' means any guarantee or other pledge by the Board
      issued under section 101(a)(1) to pledge the full faith and
      credit of the United States to pay all or part of any of the
      principal of and interest on a loan or other debt obligation
      issued by an obligor and funded by a lender.
        "(3) Incremental loss. - The term 'incremental loss' does not
      include any loss that the President determines would have been
      incurred if the terrorist attacks on the United States that
      occurred on September 11, 2001, had not occurred.

                      "TITLE II - AVIATION INSURANCE                  

      "SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE
        COSTS.
      "(a) In General. - [Amended section 44302 of this title.]
      "(b) Coverage. - 
        "(1) In general. - [Amended section 44303 of this title.]
        "(2) [Transferred to section 44303(b) of this title.]
      "(c) Reinsurance. - [Amended section 44304 of this title.]
      "(d) Premiums. - [Amended section 44306 of this title.]
      "(e) Conforming Amendment. - [Amended section 44305(b) of this
    title.]

      "SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND
        SUBCONTRACTORS OF AIR CARRIERS.
      "Notwithstanding any other provision of this title, the Secretary
    may extend any provision of chapter 443 of title 49, United States
    Code, as amended by this title, and the provisions of this title,
    to vendors, agents, and subcontractors of air carriers. For the 180-
    day period beginning on the date of enactment of this Act [Sept.
    22, 2001], the Secretary may extend or amend any such provisions so
    as to ensure that the entities referred to in the preceding
    sentence are not responsible in cases of acts of terrorism for
    losses suffered by third parties that exceed the amount of such
    entities' liability coverage, as determined by the Secretary.

                        "TITLE III - TAX PROVISIONS                    

      "SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS;
        TREATMENT OF LOSS COMPENSATION.
      "(a) Extension of Due Date for Excise Tax Deposits. - 
        "(1) In general. - In the case of an eligible air carrier, any
      airline-related deposit required under section 6302 of the
      Internal Revenue Code of 1986 [26 U.S.C. 6302] to be made after
      September 10, 2001, and before November 15, 2001, shall be
      treated for purposes of such Code [26 U.S.C. 1 et seq.] as timely
      made if such deposit is made on or before November 15, 2001. If
      the Secretary of the Treasury so prescribes, the preceding
      sentence shall be applied by substituting for 'November 15, 2001'
      each place it appears - 
          "(A) 'January 15, 2002'; or
          "(B) such earlier date after November 15, 2001, as such
        Secretary may prescribe.
        "(2) Eligible air carrier. - For purposes of this subsection,
      the term 'eligible air carrier' means any domestic corporation
      engaged in the trade or business of transporting (for hire)
      persons by air if such transportation is available to the general
      public.
        "(3) Airline-related deposit. - For purposes of this
      subsection, the term 'airline-related deposit' means any deposit
      of taxes imposed by subchapter C of chapter 33 of such Code [26
      U.S.C. 4261 et seq.] (relating to transportation by air).
      "(b) Treatment of Loss Compensation. - Nothing in any provision
    of law shall be construed to exclude from gross income under the
    Internal Revenue Code of 1986 any compensation received under
    section 101(a)(2) of this Act.

                      "TITLE IV - VICTIM COMPENSATION                  

      "SEC. 401. SHORT TITLE.
      "This title may be cited as the 'September 11th Victim
    Compensation Fund of 2001'.

      "SEC. 402. DEFINITIONS.
      "In this title, the following definitions apply:
        "(1) Air carrier. - The term 'air carrier' means a citizen of
      the United States undertaking by any means, directly or
      indirectly, to provide air transportation and includes employees
      and agents (including persons engaged in the business of
      providing air transportation security and their affiliates) of
      such citizen. For purposes of the preceding sentence, the term
      'agent', as applied to persons engaged in the business of
      providing air transportation security, shall only include persons
      that have contracted directly with the Federal Aviation
      Administration on or after and commenced services no later than
      February 17, 2002, to provide such security, and had not been or
      are not debarred for any period within 6 months from that date.
        "(2) Air transportation. - The term 'air transportation' means
      foreign air transportation, interstate air transportation, or the
      transportation of mail by aircraft.
        "(3) Aircraft manufacturer. - The term 'aircraft manufacturer'
      means any entity that manufactured the aircraft or any parts or
      components of the aircraft involved in the terrorist related
      aircraft crashes of September 11, 2001, including employees and
      agents of that entity.
        "(4) Airport sponsor. - The term 'airport sponsor' means the
      owner or operator of an airport (as defined in section 40102 of
      title 49, United States Code).
        "(5) Claimant. - The term 'claimant' means an individual filing
      a claim for compensation under section 405(a)(1).
        "(6) Collateral source. - The term 'collateral source' means
      all collateral sources, including life insurance, pension funds,
      death benefit programs, and payments by Federal, State, or local
      governments related to the terrorist-related aircraft crashes of
      September 11, 2001.
        "(7) Economic loss. - The term 'economic loss' means any
      pecuniary loss resulting from harm (including the loss of
      earnings or other benefits related to employment, medical expense
      loss, replacement services loss, loss due to death, burial costs,
      and loss of business or employment opportunities) to the extent
      recovery for such loss is allowed under applicable State law.
        "(8) Eligible individual. - The term 'eligible individual'
      means an individual determined to be eligible for compensation
      under section 405(c).
        "(9) Noneconomic losses. - The term 'noneconomic losses' means
      losses for physical and emotional pain, suffering, inconvenience,
      physical impairment, mental anguish, disfigurement, loss of
      enjoyment of life, loss of society and companionship, loss of
      consortium (other than loss of domestic service), hedonic
      damages, injury to reputation, and all other nonpecuniary losses
      of any kind or nature.
        "(10) Special master. - The term 'Special Master' means the
      Special Master appointed under section 404(a).

      "SEC. 403. PURPOSE.
      "It is the purpose of this title to provide compensation to any
    individual (or relatives of a deceased individual) who was
    physically injured or killed as a result of the terrorist-related
    aircraft crashes of September 11, 2001.

      "SEC. 404. ADMINISTRATION.
      "(a) In General. - The Attorney General, acting through a Special
    Master appointed by the Attorney General, shall - 
        "(1) administer the compensation program established under this
      title;
        "(2) promulgate all procedural and substantive rules for the
      administration of this title; and
        "(3) employ and supervise hearing officers and other
      administrative personnel to perform the duties of the Special
      Master under this title.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to pay the
    administrative and support costs for the Special Master in carrying
    out this title.

      "SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
      "(a) Filing of Claim. - 
        "(1) In general. - A claimant may file a claim for compensation
      under this title with the Special Master. The claim shall be on
      the form developed under paragraph (2) and shall state the
      factual basis for eligibility for compensation and the amount of
      compensation sought.
        "(2) Claim form. - 
          "(A) In general. - The Special Master shall develop a claim
        form that claimants shall use when submitting claims under
        paragraph (1). The Special Master shall ensure that such form
        can be filed electronically, if determined to be practicable.
          "(B) Contents. - The form developed under subparagraph (A)
        shall request - 
            "(i) information from the claimant concerning the physical
          harm that the claimant suffered, or in the case of a claim
          filed on behalf of a decedent information confirming the
          decedent's death, as a result of the terrorist-related
          aircraft crashes of September 11, 2001;
            "(ii) information from the claimant concerning any possible
          economic and noneconomic losses that the claimant suffered as
          a result of such crashes; and
            "(iii) information regarding collateral sources of
          compensation the claimant has received or is entitled to
          receive as a result of such crashes.
        "(3) Limitation. - No claim may be filed under paragraph (1)
      after the date that is 2 years after the date on which
      regulations are promulgated under section 407.
      "(b) Review and Determination. - 
        "(1) Review. - The Special Master shall review a claim
      submitted under subsection (a) and determine - 
          "(A) whether the claimant is an eligible individual under
        subsection (c);
          "(B) with respect to a claimant determined to be an eligible
        individual - 
            "(i) the extent of the harm to the claimant, including any
          economic and noneconomic losses; and
            "(ii) the amount of compensation to which the claimant is
          entitled based on the harm to the claimant, the facts of the
          claim, and the individual circumstances of the claimant.
        "(2) Negligence. - With respect to a claimant, the Special
      Master shall not consider negligence or any other theory of
      liability.
        "(3) Determination. - Not later than 120 days after that date
      on which a claim is filed under subsection (a), the Special
      Master shall complete a review, make a determination, and provide
      written notice to the claimant, with respect to the matters that
      were the subject of the claim under review. Such a determination
      shall be final and not subject to judicial review.
        "(4) Rights of claimant. - A claimant in a review under
      paragraph (1) shall have - 
          "(A) the right to be represented by an attorney;
          "(B) the right to present evidence, including the
        presentation of witnesses and documents; and
          "(C) any other due process rights determined appropriate by
        the Special Master.
        "(5) No punitive damages. - The Special Master may not include
      amounts for punitive damages in any compensation paid under a
      claim under this title.
        "(6) Collateral compensation. - The Special Master shall reduce
      the amount of compensation determined under paragraph (1)(B)(ii)
      by the amount of the collateral source compensation the claimant
      has received or is entitled to receive as a result of the
      terrorist-related aircraft crashes of September 11, 2001.
      "(c) Eligibility. - 
        "(1) In general. - A claimant shall be determined to be an
      eligible individual for purposes of this subsection if the
      Special Master determines that such claimant - 
          "(A) is an individual described in paragraph (2); and
          "(B) meets the requirements of paragraph (3).
        "(2) Individuals. - A claimant is an individual described in
      this paragraph if the claimant is - 
          "(A) an individual who - 
            "(i) was present at the World Trade Center, (New York, New
          York), the Pentagon (Arlington, Virginia), or the site of the
          aircraft crash at Shanksville, Pennsylvania at the time, or
          in the immediate aftermath, of the terrorist-related aircraft
          crashes of September 11, 2001; and
            "(ii) suffered physical harm or death as a result of such
          an air crash;
          "(B) an individual who was a member of the flight crew or a
        passenger on American Airlines flight 11 or 77 or United
        Airlines flight 93 or 175, except that an individual identified
        by the Attorney General to have been a participant or
        conspirator in the terrorist-related aircraft crashes of
        September 11, 2001, or a representative of such individual
        shall not be eligible to receive compensation under this title;
        or
          "(C) in the case of a decedent who is an individual described
        in subparagraph (A) or (B), the personal representative of the
        decedent who files a claim on behalf of the decedent.
        "(3) Requirements. - 
          "(A) Single claim. - Not more than one claim may be submitted
        under this title by an individual or on behalf of a deceased
        individual.
          "(B) Limitation on civil action. - 
            "(i) In general. - Upon the submission of a claim under
          this title, the claimant waives the right to file a civil
          action (or to be a party to an action) in any Federal or
          State court for damages sustained as a result of the
          terrorist-related aircraft crashes of September 11, 2001. The
          preceding sentence does not apply to a civil action to
          recover collateral source obligations, or to a civil action
          against any person who is a knowing participant in any
          conspiracy to hijack any aircraft or commit any terrorist
          act.
            "(ii) Pending actions. - In the case of an individual who
          is a party to a civil action described in clause (i), such
          individual may not submit a claim under this title unless
          such individual withdraws from such action by the date that
          is 90 days after the date on which regulations are
          promulgated under section 407.

      "SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
      "(a) In General. - Not later than 20 days after the date on which
    a determination is made by the Special Master regarding the amount
    of compensation due a claimant under this title, the Special Master
    shall authorize payment to such claimant of the amount determined
    with respect to the claimant.
      "(b) Payment Authority. - This title constitutes budget authority
    in advance of appropriations Acts and represents the obligation of
    the Federal Government to provide for the payment of amounts for
    compensation under this title.
      "(c) Additional Funding. - 
        "(1) In general. - The Attorney General is authorized to accept
      such amounts as may be contributed by individuals, business
      concerns, or other entities to carry out this title, under such
      terms and conditions as the Attorney General may impose.
        "(2) Use of separate account. - In making payments under this
      section, amounts contained in any account containing funds
      provided under paragraph (1) shall be used prior to using
      appropriated amounts.

      "SEC. 407. REGULATIONS.
      "Not later than 90 days after the date of enactment of this Act
    [Sept. 22, 2001], the Attorney General, in consultation with the
    Special Master, shall promulgate regulations to carry out this
    title, including regulations with respect to - 
        "(1) forms to be used in submitting claims under this title;
        "(2) the information to be included in such forms;
        "(3) procedures for hearing and the presentation of evidence;
        "(4) procedures to assist an individual in filing and pursuing
      claims under this title; and
        "(5) other matters determined appropriate by the Attorney
      General.

      "SEC. 408. LIMITATION ON LIABILITY.
      "(a) In General. - 
        "(1) Liability limited to insurance coverage. - Notwithstanding
      any other provision of law, liability for all claims, whether for
      compensatory or punitive damages or for contribution or
      indemnity, arising from the terrorist-related aircraft crashes of
      September 11, 2001, against an air carrier, aircraft
      manufacturer, airport sponsor, or person with a property interest
      in the World Trade Center, on September 11, 2001, whether fee
      simple, leasehold or easement, direct or indirect, or their
      directors, officers, employees, or agents, shall not be in an
      amount greater than the limits of liability insurance coverage
      maintained by that air carrier, aircraft manufacturer, airport
      sponsor, or person.
        "(2) Willful defaults on rebuilding obligation. - Paragraph (1)
      does not apply to any such person with a property interest in the
      World Trade Center if the Attorney General determines, after
      notice and an opportunity for a hearing on the record, that the
      person has defaulted willfully on a contractual obligation to
      rebuild, or assist in the rebuilding of, the World Trade Center.
        "(3) Limitations on liability for New York City. - Liability
      for all claims, whether for compensatory or punitive damages or
      for contribution or indemnity arising from the terrorist-related
      aircraft crashes of September 11, 2001, against the City of New
      York shall not exceed the greater of the city's insurance
      coverage or $350,000,000. If a claimant who is eligible to seek
      compensation under section 405 of this Act, submits a claim under
      section 405, the claimant waives the right to file a civil action
      (or to be a party to an action) in any Federal or State court for
      damages sustained as a result of the terrorist-related aircraft
      crashes of September 11, 2001, including any such action against
      the City of New York. The preceding sentence does not apply to a
      civil action to recover collateral source obligations.
      "(b) Federal Cause of Action. - 
        "(1) Availability of action. - There shall exist a Federal
      cause of action for damages arising out of the hijacking and
      subsequent crashes of American Airlines flights 11 and 77, and
      United Airlines flights 93 and 175, on September 11, 2001.
      Notwithstanding section 40120(c) of title 49, United States Code,
      this cause of action shall be the exclusive remedy for damages
      arising out of the hijacking and subsequent crashes of such
      flights.
        "(2) Substantive law. - The substantive law for decision in any
      such suit shall be derived from the law, including choice of law
      principles, of the State in which the crash occurred unless such
      law is inconsistent with or preempted by Federal law.
        "(3) Jurisdiction. - The United States District Court for the
      Southern District of New York shall have original and exclusive
      jurisdiction over all actions brought for any claim (including
      any claim for loss of property, personal injury, or death)
      resulting from or relating to the terrorist-related aircraft
      crashes of September 11, 2001.
      "(c) Exclusion. - Nothing in this section shall in any way limit
    any liability of any person who is a knowing participant in any
    conspiracy to hijack any aircraft or commit any terrorist act.
    Subsections (a) and (b) do not apply to civil actions to recover
    collateral source obligations.

      "SEC. 409. RIGHT OF SUBROGATION.
      "The United States shall have the right of subrogation with
    respect to any claim paid by the United States under this title,
    subject to the limitations described in section 408.

                   "TITLE V - AIR TRANSPORTATION SAFETY               

      "SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
      "Congress affirms the President's decision to spend
    $3,000,000,000 on airline safety and security in conjunction with
    this Act in order to restore public confidence in the airline
    industry.

      "SEC. 502. CONGRESSIONAL COMMITMENT.
      "Congress is committed to act expeditiously, in consultation with
    the Secretary of Transportation, to strengthen airport security and
    take further measures to enhance the security of air travel.

                         "TITLE VI - SEPARABILITY                     

      "SEC. 601. SEPARABILITY.
      "If any provision of this Act (including any amendment made by
    this Act [amending sections 44302 to 44306 of this title]) or the
    application thereof to any person or circumstance is held invalid,
    the remainder of this Act (including any amendment made by this
    Act) and the application thereof to other persons or circumstances
    shall not be affected thereby."
      [Pub. L. 107-134, title I, Sec. 114(b), Jan. 23, 2002, 115 Stat.
    2436, provided that: "The amendment made by this section [amending
    Pub. L. 107-42, set out above] shall take effect as if included in
    section 301 of the Air Transportation Safety and System
    Stabilization Act (Public Law 107-42)."]
      [Memorandum of President of the United States, Sept. 25, 2001, 66
    F.R. 49507, delegated to the Secretary of Transportation the
    authority vested in the President under section 101(a)(2) of Pub.
    L. 107-42, set out above, to compensate air carriers for direct and
    incremental losses they incurred from the terrorist attacks of
    Sept. 11, 2001, and any resulting ground stop order.]

              INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS          
      Pub. L. 106-181, title III, Sec. 309, Apr. 5, 2000, 114 Stat.
    127, provided that:
      "(a) Independent Assessment. - 
        "(1) In general. - The Inspector General of the Department of
      Transportation shall conduct the assessments described in this
      section. To conduct the assessments, the Inspector General may
      use the staff and resources of the Inspector General or contract
      with one or more independent entities.
        "(2) Assessment of adequacy and accuracy of faa cost data and
      attributions. - 
          "(A) In general. - The Inspector General shall conduct an
        assessment to ensure that the method for calculating the
        overall costs of the Federal Aviation Administration and
        attributing such costs to specific users is appropriate,
        reasonable, and understandable to the users.
          "(B) Components. - In conducting the assessment under this
        paragraph, the Inspector General shall assess the following:
            "(i) The Administration's cost input data, including the
          reliability of the Administration's source documents and the
          integrity and reliability of the Administration's data
          collection process.
            "(ii) The Administration's system for tracking assets.
            "(iii) The Administration's bases for establishing asset
          values and depreciation rates.
            "(iv) The Administration's system of internal controls for
          ensuring the consistency and reliability of reported data.
            "(v) The Administration's definition of the services to
          which the Administration ultimately attributes its costs.
            "(vi) The cost pools used by the Administration and the
          rationale for and reliability of the bases which the
          Administration proposes to use in allocating costs of
          services to users.
          "(C) Requirements for assessment of cost pools. - In carrying
        out subparagraph (B)(vi), the Inspector General shall - 
            "(i) review costs that cannot reliably be attributed to
          specific Administration services or activities (called
          'common and fixed costs' in the Administration Cost
          Allocation Study) and consider alternative methods for
          allocating such costs; and
            "(ii) perform appropriate tests to assess relationships
          between costs in the various cost pools and activities and
          services to which the costs are attributed by the
          Administration.
        "(3) Cost effectiveness. - 
          "(A) In general. - The Inspector General shall assess the
        progress of the Administration in cost and performance
        management, including use of internal and external benchmarking
        in improving the performance and productivity of the
        Administration.
          "(B) Annual reports. - Not later than December 31, 2000, and
        annually thereafter until December 31, 2004, the Inspector
        General shall transmit to Congress an updated report containing
        the results of the assessment conducted under this paragraph.
          "(C) Information to be included in faa financial report. -
        The Administrator [of the Federal Aviation Administration]
        shall include in the annual financial report of the
        Administration information on the performance of the
        Administration sufficient to permit users and others to make an
        informed evaluation of the progress of the Administration in
        increasing productivity.
      "(b) Funding. - There are authorized to be appropriated such sums
    as may be necessary to carry out this section."

                      OPERATIONS OF AIR TAXI INDUSTRY                  
      Pub. L. 106-181, title VII, Sec. 735, Apr. 5, 2000, 114 Stat.
    171, provided that:
      "(a) Study. - The Administrator [of the Federal Aviation
    Administration], in consultation with the National Transportation
    Safety Board and other interested persons, shall conduct a study of
    air taxi operators regulated under part 135 of title 14, Code of
    Federal Regulations.
      "(b) Contents. - The study shall include an analysis of the size
    and type of the aircraft fleet, relevant aircraft equipment, hours
    flown, utilization rates, safety record by various categories of
    use and aircraft type, sales revenues, and airports served by the
    air taxi fleet.
      "(c) Report. - Not later than 1 year after the date of the
    enactment of this Act [Apr. 5, 2000], the Administrator shall
    transmit to Congress a report on the results of the study."

                                 FINDINGS                             
      Section 271 of Pub. L. 104-264 provided that: "Congress finds the
    following:
        "(1) The Administration [Federal Aviation Administration] is
      recognized throughout the world as a leader in aviation safety.
        "(2) The Administration certifies aircraft, engines,
      propellers, and other manufactured parts.
        "(3) The Administration certifies more than 650 training
      schools for pilots and nonpilots, more than 4,858 repair
      stations, and more than 193 maintenance schools.
        "(4) The Administration certifies pilot examiners, who are then
      qualified to determine if a person has the skills necessary to
      become a pilot.
        "(5) The Administration certifies more than 6,000 medical
      examiners, each of whom is then qualified to medically certify
      the qualifications of pilots and nonpilots.
        "(6) The Administration certifies more than 470 airports, and
      provides a limited certification for another 205 airports. Other
      airports in the United States are also reviewed by the
      Administration.
        "(7) The Administration each year performs more than 355,000
      inspections.
        "(8) The Administration issues more than 655,000 pilot's
      licenses and more than 560,000 nonpilot's licenses (including
      mechanics).
        "(9) The Administration's certification means that the product
      meets world-wide recognized standards of safety and reliability.
        "(10) The Administration's certification means aviation-related
      equipment and services meet world-wide recognized standards.
        "(11) The Administration's certification is recognized by
      governments and businesses throughout the world and as such may
      be a valuable element for any company desiring to sell aviation-
      related products throughout the world.
        "(12) The Administration's certification may constitute a
      valuable license, franchise, privilege or benefits for the
      holders.
        "(13) The Administration also is a major purchaser of
      computers, radars, and other systems needed to run the air
      traffic control system. The Administration's design, acceptance,
      commissioning, or certification of such equipment enables the
      private sector to market those products around the world, and as
      such confers a benefit on the manufacturer.
        "(14) The Administration provides extensive services to public
      use aircraft."

                                 PURPOSES                             
      Section 272 of title II of Pub. L. 104-264 provided that: "The
    purposes of this subtitle [subtitle C (Secs. 271-278) of title II
    of Pub. L. 104-264, enacting sections 45301, 45303, 48111, and
    48201 of this title, amending section 41742 of this title,
    renumbering section 45303 of this title as section 45304, repealing
    former section 45301 of this title, and enacting provisions set out
    as notes under this section and section 41742 of this title] are - 
        "(1) to provide a financial structure for the Administration
      [Federal Aviation Administration] so that it will be able to
      support the future growth in the national aviation and airport
      system;
        "(2) to review existing and alternative funding options,
      including incentive-based fees for services, and establish a
      program to improve air traffic management system performance and
      to establish appropriate levels of cost accountability for air
      traffic management services provided by the Administration;
        "(3) to ensure that any funding will be dedicated solely for
      the use of the Administration;
        "(4) to authorize the Administration to recover the costs of
      its services from those who benefit from, but do not contribute
      to, the national aviation system and the services provided by the
      Administration;
        "(5) to consider a fee system based on the cost or value of the
      services provided and other funding alternatives;
        "(6) to develop funding options for Congress in order to
      provide for the long-term efficient and cost-effective support of
      the Administration and the aviation system; and
        "(7) to achieve a more efficient and effective Administration
      for the benefit of the aviation transportation industry."

    INDEPENDENT ASSESSMENT OF FAA FINANCIAL REQUIREMENTS; ESTABLISHMENT
               OF NATIONAL CIVIL AVIATION REVIEW COMMISSION
      Section 274 of Pub. L. 104-264, as amended by Pub. L. 106-181,
    title III, Sec. 307(c)(3), Apr. 5, 2000, 114 Stat. 126, provided
    that:
      "(a) Independent Assessment. - 
        "(1) Initiation. - Not later than 30 days after the date of the
      enactment of this Act [Oct. 9, 1996], the Administrator [of the
      Federal Aviation Administration] shall contract with an entity
      independent of the Administration [Federal Aviation
      Administration] and the Department of Transportation to conduct a
      complete independent assessment of the financial requirements of
      the Administration through the year 2002.
        "(2) Assessment criteria. - The Administrator shall provide to
      the independent entity estimates of the financial requirements of
      the Administration for the period described in paragraph (1),
      using as a base the fiscal year 1997 appropriation levels
      established by Congress. The independent assessment shall be
      based on an objective analysis of agency funding needs.
        "(3) Certain factors to be taken into account. - The
      independent assessment shall take into account all relevant
      factors, including - 
          "(A) anticipated air traffic forecasts;
          "(B) other workload measures;
          "(C) estimated productivity gains, if any, which contribute
        to budgetary requirements;
          "(D) the need for programs; and
          "(E) the need to provide for continued improvements in all
        facets of aviation safety, along with operational improvements
        in air traffic control.
        "(4) Cost allocation. - The independent assessment shall also
      assess the costs to the Administration occasioned by the
      provision of services to each segment of the aviation system.
        "(5) Deadline. - The independent assessment shall be completed
      no later than 90 days after the contract is awarded, and shall be
      submitted to the Commission established under subsection (b), the
      Secretary [of Transportation], the Secretary of the Treasury, the
      Committee on Commerce, Science, and Transportation and the
      Committee on Finance of the Senate, and the Committee on
      Transportation and Infrastructure and the Committee on Ways and
      Means of the House of Representatives.
      "(b) National Civil Aviation Review Commission. - 
        "(1) Establishment. - There is established a commission to be
      known as the National Civil Aviation Review Commission
      (hereinafter in this section referred to as the 'Commission').
        "(2) Membership. - The Commission shall consist of 21 members
      to be appointed as follows:
          "(A) 13 members to be appointed by the Secretary, in
        consultation with the Secretary of the Treasury, from among
        individuals who have expertise in the aviation industry and who
        are able, collectively, to represent a balanced view of the
        issues important to general aviation, major air carriers, air
        cargo carriers, regional air carriers, business aviation,
        airports, aircraft manufacturers, the financial community,
        aviation industry workers, and airline passengers. At least one
        member appointed under this subparagraph shall have detailed
        knowledge of the congressional budgetary process.
          "(B) Two members appointed by the Speaker of the House of
        Representatives.
          "(C) Two members appointed by the minority leader of the
        House of Representatives.
          "(D) Two members appointed by the majority leader of the
        Senate.
          "(E) Two members appointed by the minority leader of the
        Senate.
        "(3) Task forces. - The Commission shall establish an aviation
      funding task force and an aviation safety task force to carry out
      the responsibilities of the Commission under this subsection.
        "(4) First meeting. - The Commission may conduct its first
      meeting as soon as a majority of the members of the Commission
      are appointed.
        "(5) Hearings and consultation. - 
          "(A) Hearings. - The Commission shall take such testimony and
        solicit and receive such comments from the public and other
        interested parties as it considers appropriate, shall conduct 2
        public hearings after affording adequate notice to the public
        thereof, and may conduct such additional hearings as may be
        necessary.
          "(B) Consultation. - The Commission shall consult on a
        regular and frequent basis with the Secretary, the Secretary of
        the Treasury, the Committee on Commerce, Science, and
        Transportation and the Committee on Finance of the Senate, and
        the Committee on Transportation and Infrastructure and the
        Committee on Ways and Means of the House of Representatives.
          "(C) FACA not to apply. - The Commission shall not be
        considered an advisory committee for purposes of the Federal
        Advisory Committee Act (5 U.S.C. App.).
        "(6) Duties of aviation funding task force. - 
          "(A) Report to secretary. - 
            "(i) In general. - The aviation funding task force
          established pursuant to paragraph (3) shall submit a report
          setting forth a comprehensive analysis of the
          Administration's budgetary requirements through fiscal year
          2002, based upon the independent assessment under subsection
          (a), that analyzes alternative financing and funding means
          for meeting the needs of the aviation system through the year
          2002. The task force shall submit a preliminary report of
          that analysis to the Secretary not later than 6 months after
          the independent assessment is completed under subsection (a).
          The Secretary shall provide comments on the preliminary
          report to the task force within 30 days after receiving the
          report. The task force shall issue a final report of such
          comprehensive analysis within 30 days after receiving the
          Secretary's comments on its preliminary report.
            "(ii) Contents. - The report submitted by the aviation
          funding task force under clause (i) - 
         "(I) shall consider the independent assessment under
          subsection (a);
         "(II) shall consider estimated cost savings, if any, resulting
          from the procurement and personnel reforms included in this
          Act [see Tables for classification] or in sections 40110(d)
          and 40122(g) of title 49, United States Code, and additional
          financial initiatives;
         "(III) shall include specific recommendations to Congress on
          how the Administration can reduce costs, raise additional
          revenue for the support of agency operations, and accelerate
          modernization efforts; and
         "(IV) shall include a draft bill containing the changes in law
          necessary to implement its recommendations.
          "(B) Recommendations. - The aviation funding task force shall
        make such recommendations under subparagraph (A)(ii)(III) as
        the task force deems appropriate. Those recommendations may
        include - 
            "(i) proposals for off-budget treatment of the Airport and
          Airway Trust Fund;
            "(ii) alternative financing and funding proposals,
          including linked financing proposals;
            "(iii) modifications to existing levels of Airport and
          Airways Trust Fund receipts and taxes for each type of tax;
            "(iv) establishment of a cost-based user fee system based
          on, but not limited to, criteria under subparagraph (F) and
          methods to ensure that costs are borne by users on a fair and
          equitable basis;
            "(v) methods to ensure that funds collected from the
          aviation community are able to meet the needs of the agency;
            "(vi) methods to ensure that funds collected from the
          aviation community and passengers are used to support the
          aviation system;
            "(vii) means of meeting the airport infrastructure needs
          for large, medium, and small airports; and
            "(viii) any other matter the task force deems appropriate
          to address the funding and needs of the Administration and
          the aviation system.
          "(C) Additional recommendations. - The aviation funding task
        force report may also make recommendations concerning - 
            "(i) means of improving productivity by expanding and
          accelerating the use of automation and other technology;
            "(ii) means of contracting out services consistent with
          this Act, other applicable law, and safety and national
          defense needs;
            "(iii) methods to accelerate air traffic control
          modernization and improvements in aviation safety and safety
          services;
            "(iv) the elimination of unneeded programs; and
            "(v) a limited innovative program based on funding
          mechanisms such as loan guarantees, financial partnerships
          with for-profit private sector entities, government-sponsored
          enterprises, and revolving loan funds, as a means of funding
          specific facilities and equipment projects, and to provide
          limited additional funding alternatives for airport capacity
          development.
          "(D) Impact assessment for recommendations. - For each
        recommendation contained in the aviation funding task force's
        report, the report shall include a full analysis and assessment
        of the impact implementation of the recommendation would have
        on - 
            "(i) safety;
            "(ii) administrative costs;
            "(iii) the congressional budget process;
            "(iv) the economics of the industry (including the
          proportionate share of all users);
            "(v) the ability of the Administration to utilize the sums
          collected; and
            "(vi) the funding needs of the Administration.
          "(E) Trust fund tax recommendations. - If the task force's
        report includes a recommendation that the existing Airport and
        Airways Trust Fund tax structure be modified, the report shall -
         
            "(i) state the specific rates for each group affected by
          the proposed modifications;
            "(ii) consider the impact such modifications shall have on
          specific users and the public (including passengers); and
            "(iii) state the basis for the recommendations.
          "(F) Fee system recommendations. - If the task force's report
        includes a recommendation that a fee system be established,
        including an air traffic control performance-based user fee
        system, the report shall consider - 
            "(i) the impact such a recommendation would have on
          passengers, air fares (including low-fare, high frequency
          service), service, and competition;
            "(ii) existing contributions provided by individual air
          carriers toward funding the Administration and the air
          traffic control system through contributions to the Airport
          and Airways Trust Fund;
            "(iii) continuing the promotion of fair and competitive
          practices;
            "(iv) the unique circumstances associated with interisland
          air carrier service in Hawaii and rural air service in
          Alaska;
            "(v) the impact such a recommendation would have on service
          to small communities;
            "(vi) the impact such a recommendation would have on
          services provided by regional air carriers;
            "(vii) alternative methodologies for calculating fees so as
          to achieve a fair and reasonable distribution of costs of
          service among users;
            "(viii) the usefulness of phased-in approaches to
          implementing such a financing system;
            "(ix) means of assuring the provision of general fund
          contributions, as appropriate, toward the support of the
          Administration; and
            "(x) the provision of incentives to encourage greater
          efficiency in the provision of air traffic services by the
          Administration and greater efficiency in the use of air
          traffic services by aircraft operators.
        "(7) Duties of aviation safety task force. - 
          "(A) Report to administrator. - Not later than 1 year after
        the date of the enactment of this Act [Oct. 9, 1996], the
        aviation safety task force established pursuant to paragraph
        (3) shall submit to the Administrator a report setting forth a
        comprehensive analysis of aviation safety in the United States
        and emerging trends in the safety of particular sectors of the
        aviation industry.
          "(B) Contents. - The report to be submitted under
        subparagraph (A) shall include an assessment of - 
            "(i) the adequacy of staffing and training resources for
          safety personnel of the Administration, including safety
          inspectors;
            "(ii) the Administration's processes for ensuring the
          public safety from fraudulent parts in civil aviation and the
          extent to which use of suspected unapproved parts requires
          additional oversight or enforcement action; and
            "(iii) the ability of the Administration to anticipate
          changes in the aviation industry and to develop policies and
          actions to ensure the highest level of aviation safety in the
          21st century.
        "(8) Access to documents and staff. - The Administration may
      give the Commission appropriate access to relevant documents and
      personnel of the Administration, and the Administrator shall make
      available, consistent with the authority to withhold commercial
      and other proprietary information under section 552 of title 5,
      United States Code (commonly known as the 'Freedom of Information
      Act'), cost data associated with the acquisition and operation of
      air traffic service systems. Any member of the Commission who
      receives commercial or other proprietary data from the
      Administrator shall be subject to the provisions of section 1905
      of title 18, United States Code, pertaining to unauthorized
      disclosure of such information.
        "(9) Travel and per diem. - Each member of the Commission shall
      be paid actual travel expenses, and per diem in lieu of
      subsistence expenses when away from his or her usual place of
      residence, in accordance with section 5703 of title 5, United
      States Code.
        "(10) Detail of personnel from the administration. - The
      Administrator shall make available to the Commission such staff,
      information, and administrative services and assistance as may
      reasonably be required to enable the Commission to carry out its
      responsibilities under this subsection.
        "(11) Authorization of appropriations. - There is authorized to
      be appropriated such sums as may be necessary to carry out the
      provisions of this subsection.
      "(c) Reports to Congress. - 
        "(1) Report by the secretary based on final report of aviation
      funding task force. - 
          "(A) Consideration of task force's preliminary report. - Not
        later than 30 days after receiving the preliminary report of
        the aviation funding task force, the Secretary, in consultation
        with the Secretary of the Treasury, shall furnish comments on
        the report to the task force.
          "(B) Report to congress. - Not later than 30 days after
        receiving the final report of the aviation funding task force,
        and in no event more than 1 year after the date of the
        enactment of this Act, the Secretary, after consulting the
        Secretary of the Treasury, shall transmit a report to the
        Committee on Commerce, Science, and Transportation and the
        Committee on Finance of the Senate, and the Committee on
        Transportation and Infrastructure and the Committee on Ways and
        Means of the House of Representatives. Such report shall be
        based upon the final report of the task force and shall contain
        the Secretary's recommendations for funding the needs of the
        aviation system through the year 2002.
          "(C) Contents. - The Secretary shall include in the report to
        Congress under subparagraph (B) - 
            "(i) a copy of the final report of the task force; and
            "(ii) a draft bill containing the changes in law necessary
          to implement the Secretary's recommendations.
          "(D) Publication. - The Secretary shall cause a copy of the
        report to be printed in the Federal Register upon its
        transmittal to Congress under subparagraph (B).
        "(2) Report by the administrator based on final report of
      aviation safety task force. - Not later than 30 days after
      receiving the report of the aviation safety task force, the
      Administrator shall transmit the report to Congress, together
      with the Administrator's recommendations for improving aviation
      safety in the United States.
      "(d) GAO Audit of Cost Allocation. - The Comptroller General
    shall conduct an assessment of the manner in which costs for air
    traffic control services are allocated between the Administration
    and the Department of Defense. The Comptroller General shall report
    the results of the assessment, together with any recommendations
    the Comptroller General may have for reallocation of costs and for
    opportunities to increase the efficiency of air traffic control
    services provided by the Administration and by the Department of
    Defense, to the Commission, the Administrator, the Secretary of
    Defense, the Committee on Transportation and Infrastructure of the
    House of Representatives, and the Committee on Commerce, Science,
    and Transportation of the Senate not later than 180 days after the
    date of the enactment of this Act.
      "(e) GAO Assessment. - Not later than 180 days after the date of
    the enactment of this Act, the Comptroller General shall transmit
    to the Commission and Congress an independent assessment of airport
    development needs."

              JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM          
      Pub. L. 103-305, title III, Sec. 303, Aug. 23, 1994, 108 Stat.
    1590, provided that:
      "(a) Establishment. - The Administrator [of the Federal Aviation
    Administration], in consultation with the heads of other
    appropriate Federal agencies, shall jointly establish a program to
    conduct research on aviation technologies that enhance United
    States competitiveness. The program shall include - 
        "(1) next-generation satellite communications, including global
      positioning satellites;
        "(2) advanced airport and airplane security;
        "(3) environmentally compatible technologies, including
      technologies that limit or reduce noise and air pollution;
        "(4) advanced aviation safety programs; and
        "(5) technologies and procedures to enhance and improve airport
      and airway capacity.
      "(b) Procedures for Contracts and Grants. - The Administrator and
    the heads of the other appropriate Federal agencies shall
    administer contracts and grants entered into under the program
    established under subsection (a) in accordance with procedures
    developed jointly by the Administrator and the heads of the other
    appropriate Federal agencies. The procedures should include an
    integrated acquisition policy for contract and grant requirements
    and for technical data rights that are not an impediment to joint
    programs among the Federal Aviation Administration, the other
    Federal agencies involved, and industry.
      "(c) Program Elements. - The program established under subsection
    (a) shall include - 
        "(1) selected programs that jointly enhance public and private
      aviation technology development;
        "(2) an opportunity for private contractors to be involved in
      such technology research and development; and
        "(3) the transfer of Government-developed technologies to the
      private sector to promote economic strength and competitiveness.
      "(d) Authorization of Appropriations. - Of amounts authorized to
    be appropriated for fiscal years 1995 and 1996 under section
    48102(a) of title 49, United States Code, as amended by section 302
    of this title, there are authorized to be appropriated for fiscal
    years 1995 and 1996, respectively, such sums as may be necessary to
    carry out this section."

                      AIR QUALITY IN AIRCRAFT CABINS                  
      Pub. L. 108-176, title VIII, Sec. 815, Dec. 12, 2003, 117 Stat.
    2592, provided that:
      "(a) In General. - The Administrator of the Federal Aviation
    Administration shall undertake the studies and analysis called for
    in the report of the National Research Council entitled 'The
    Airliner Cabin Environment and the Health of Passengers and Crew'.
      "(b) Required Activities. - In carrying out this section, the
    Administrator, at a minimum, shall - 
        "(1) conduct surveillance to monitor ozone in the cabin on a
      representative number of flights and aircraft to determine
      compliance with existing Federal Aviation Regulations for ozone;
        "(2) collect pesticide exposure data to determine exposures of
      passengers and crew;
        "(3) analyze samples of residue from aircraft ventilation ducts
      and filters after air quality incidents to identify the
      contaminants to which passengers and crew were exposed;
        "(4) analyze and study cabin air pressure and altitude; and
        "(5) establish an air quality incident reporting system.
      "(c) Report. - Not later than 30 months after the date of
    enactment of this Act [Dec. 12, 2003], the Administrator shall
    transmit to Congress a report on the findings of the Administrator
    under this section."
      Pub. L. 106-181, title VII, Sec. 725, Apr. 5, 2000, 114 Stat.
    166, provided that:
      "(a) Study of Air Quality in Passenger Cabins in Commercial
    Aircraft. - 
        "(1) In general. - Not later than 60 days after the date of the
      enactment of this Act [Apr. 5, 2000], the Administrator [of the
      Federal Aviation Administration] shall arrange for and provide
      necessary data to the National Academy of Sciences to conduct a
      12-month, independent study of air quality in passenger cabins of
      aircraft used in air transportation and foreign air
      transportation, including the collection of new data, in
      coordination with the Federal Aviation Administration, to
      identify contaminants in the aircraft air and develop
      recommendations for means of reducing such contaminants.
        "(2) Alternative air supply. - The study should examine whether
      contaminants would be reduced by the replacement of engine and
      auxiliary power unit bleed air with an alternative supply of air
      for the aircraft passengers and crew.
        "(3) Scope. - The study shall include an assessment and
      quantitative analysis of each of the following:
          "(A) Contaminants of concern, as determined by the National
        Academy of Sciences.
          "(B) The systems of air supply on aircraft, including the
        identification of means by which contaminants may enter such
        systems.
          "(C) The toxicological and health effects of the contaminants
        of concern, their byproducts, and the products of their
        degradation.
          "(D) Any contaminant used in the maintenance, operation, or
        treatment of aircraft, if a passenger or a member of the air
        crew may be directly exposed to the contaminant.
          "(E) Actual measurements of the contaminants of concern in
        the air of passenger cabins during actual flights in air
        transportation or foreign air transportation, along with
        comparisons of such measurements to actual measurements taken
        in public buildings.
        "(4) Provision of Current Data. - The Administrator shall
      collect all data of the Federal Aviation Administration that is
      relevant to the study and make the data available to the National
      Academy of Sciences in order to complete the study.
      "(b) Collection of Aircraft Air Quality Data. - 
        "(1) In general. - The Administrator may consider the
      feasibility of using the flight data recording system on aircraft
      to monitor and record appropriate data related to air inflow
      quality, including measurements of the exposure of persons aboard
      the aircraft to contaminants during normal aircraft operation and
      during incidents involving air quality problems.
        "(2) Passenger cabins. - The Administrator may also consider
      the feasibility of using the flight data recording system to
      monitor and record data related to the air quality in passengers
      cabins of aircraft."
      Pub. L. 103-305, title III, Sec. 304, Aug. 23, 1994, 108 Stat.
    1591, provided that:
      "(a) Establishment. - The Administrator [of the Federal Aviation
    Administration], in consultation with the heads of other
    appropriate Federal agencies, shall establish a research program to
    determine - 
        "(1) what, if any, aircraft cabin air conditions, including
      pressure altitude systems, on flights within the United States
      are harmful to the health of airline passengers and crew, as
      indicated by physical symptoms such as headaches, nausea,
      fatigue, and lightheadedness; and
        "(2) the risk of airline passengers and crew contracting
      infectious diseases during flight.
      "(b) Contract With Center for Disease Control. - In carrying out
    the research program established under subsection (a), the
    Administrator and the heads of the other appropriate Federal
    agencies shall contract with the Center for Disease Control [now
    Centers for Disease Control and Prevention] and other appropriate
    agencies to carry out any studies necessary to meet the goals of
    the program set forth in subsection (c).
      "(c) Goals. - The goals of the research program established under
    subsection (a) shall be - 
        "(1) to determine what, if any, cabin air conditions currently
      exist on domestic aircraft used for flights within the United
      States that could be harmful to the health of airline passengers
      and crew, as indicated by physical symptoms such as headaches,
      nausea, fatigue, and lightheadedness, and including the risk of
      infection by bacteria and viruses;
        "(2) to determine to what extent, changes in, cabin air
      pressure, temperature, rate of cabin air circulation, the
      quantity of fresh air per occupant, and humidity on current
      domestic aircraft would reduce or eliminate the risk of illness
      or discomfort to airline passengers and crew; and
        "(3) to establish a long-term research program to examine
      potential health problems to airline passengers and crew that may
      arise in an airplane cabin on a flight within the United States
      because of cabin air quality as a result of the conditions and
      changes described in paragraphs (1) and (2).
      "(d) Participation. - In carrying out the research program
    established under subsection (a), the Administrator shall encourage
    participation in the program by representatives of aircraft
    manufacturers, air carriers, aviation employee organizations,
    airline passengers, and academia.
      "(e) Report. - (1) Within six months after the date of enactment
    of this Act [Aug. 23, 1994], the Administrator shall submit to the
    Congress a plan for implementation of the research program
    established under subsection (a).
      "(2) The Administrator shall annually submit to the Congress a
    report on the progress made during the year for which the report is
    submitted toward meeting the goals set forth in subsection (c).
      "(f) Authorization of Appropriations. - Of amounts authorized to
    be appropriated for fiscal years 1995 and 1996 under section
    48102(a) of title 49, United States Code, as amended by section 302
    of this title, there are authorized to be appropriated for fiscal
    years 1995 and 1996, respectively, such sums as may be necessary to
    carry out this section."

                  INFORMATION ON DISINSECTION OF AIRCRAFT              
      Pub. L. 103-305, title V, Sec. 507, Aug. 23, 1994, 108 Stat.
    1595, provided that:
      "(a) Availability of Information. - In the interest of protecting
    the health of air travelers, the Secretary shall publish a list of
    the countries (as determined by the Secretary) that require
    disinsection of aircraft landing in such countries while passengers
    and crew are on board such aircraft.
      "(b) Revision. - The Secretary shall revise the list required
    under subsection (a) on a periodic basis.
      "(c) Publication. - The Secretary shall publish the list required
    under subsection (a) not later than 30 days after the date of the
    enactment of this Act [Aug. 23, 1994]. The Secretary shall publish
    a revision to the list not later than 30 days after completing the
    revision under subsection (b)."

                GENERAL AVIATION REVITALIZATION ACT OF 1994            
      Pub. L. 103-298, Aug. 17, 1994, 108 Stat. 1552, as amended by
    Pub. L. 105-102, Sec. 3(e), Nov. 20, 1997, 111 Stat. 2215, provided
    that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'General Aviation Revitalization
    Act of 1994'.

      "SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT
        MANUFACTURERS.
      "(a) In General. - Except as provided in subsection (b), no civil
    action for damages for death or injury to persons or damage to
    property arising out of an accident involving a general aviation
    aircraft may be brought against the manufacturer of the aircraft or
    the manufacturer of any new component, system, subassembly, or
    other part of the aircraft, in its capacity as a manufacturer if
    the accident occurred - 
        "(1) after the applicable limitation period beginning on - 
          "(A) the date of delivery of the aircraft to its first
        purchaser or lessee, if delivered directly from the
        manufacturer; or
          "(B) the date of first delivery of the aircraft to a person
        engaged in the business of selling or leasing such aircraft; or
        "(2) with respect to any new component, system, subassembly, or
      other part which replaced another component, system, subassembly,
      or other part originally in, or which was added to, the aircraft,
      and which is alleged to have caused such death, injury, or
      damage, after the applicable limitation period beginning on the
      date of completion of the replacement or addition.
      "(b) Exceptions. - Subsection (a) does not apply - 
        "(1) if the claimant pleads with specificity the facts
      necessary to prove, and proves, that the manufacturer with
      respect to a type certificate or airworthiness certificate for,
      or obligations with respect to continuing airworthiness of, an
      aircraft or a component, system, subassembly, or other part of an
      aircraft knowingly misrepresented to the Federal Aviation
      Administration, or concealed or withheld from the Federal
      Aviation Administration, required information that is material
      and relevant to the performance or the maintenance or operation
      of such aircraft, or the component, system, subassembly, or other
      part, that is causally related to the harm which the claimant
      allegedly suffered;
        "(2) if the person for whose injury or death the claim is being
      made is a passenger for purposes of receiving treatment for a
      medical or other emergency;
        "(3) if the person for whose injury or death the claim is being
      made was not aboard the aircraft at the time of the accident; or
        "(4) to an action brought under a written warranty enforceable
      under law but for the operation of this Act.
      "(c) General Aviation Aircraft Defined. - For the purposes of
    this Act, the term 'general aviation aircraft' means any aircraft
    for which a type certificate or an airworthiness certificate has
    been issued by the Administrator of the Federal Aviation
    Administration, which, at the time such certificate was originally
    issued, had a maximum seating capacity of fewer than 20 passengers,
    and which was not, at the time of the accident, engaged in
    scheduled passenger-carrying operations as defined under
    regulations in effect under part A of subtitle VII of title 49,
    United States Code, at the time of the accident.
      "(d) Relationship to Other Laws. - This section supersedes any
    State law to the extent that such law permits a civil action
    described in subsection (a) to be brought after the applicable
    limitation period for such civil action established by subsection
    (a).

      "SEC. 3. OTHER DEFINITIONS.
      "For purposes of this Act - 
        "(1) the term 'aircraft' has the meaning given such term in
      section 40102(a)(6) of title 49, United States Code;
        "(2) the term 'airworthiness certificate' means an
      airworthiness certificate issued under section 44704(c)(1) of
      title 49, United States Code, or under any predecessor Federal
      statute;
        "(3) the term 'limitation period' means 18 years with respect
      to general aviation aircraft and the components, systems,
      subassemblies, and other parts of such aircraft; and
        "(4) the term 'type certificate' means a type certificate
      issued under section 44704(a) of title 49, United States Code, or
      under any predecessor Federal statute.

      "SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
      "(a) Effective Date. - Except as provided in subsection (b), this
    Act shall take effect on the date of the enactment of this Act
    [Aug. 17, 1994].
      "(b) Application of Act. - This Act shall not apply with respect
    to civil actions commenced before the date of the enactment of this
    Act."

    NATIONAL COMMISSION TO ENSURE A STRONG COMPETITIVE AIRLINE INDUSTRY
      Pub. L. 102-581, title II, Sec. 204, Oct. 31, 1992, 106 Stat.
    4891, as amended Pub. L. 103-13, Sec. 1, Apr. 7, 1993, 107 Stat.
    43, provided for establishment of National Commission to Ensure a
    Strong Competitive Airline Industry to make a complete
    investigation and study of financial condition of the airline
    industry, adequacy of competition in the airline industry, and
    legal impediments to a financially strong and competitive airline
    industry, to report to President and Congress not later than 90
    days after the date on which initial appointments of members to the
    Commission were completed, and to terminate on the 30th day
    following transmission of report.

-CROSS-
                  DEFINITIONS OF TERMS IN PUB. L. 107-71              
      For definitions of terms used in sections 127 and 145 of Pub. L.
    107-71, set out above, see section 133 of Pub. L. 107-71, set out
    as a note under section 40102 of this title.

-End-



-CITE-
    49 USC Sec. 40102                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40102. Definitions

-STATUTE-
      (a) General Definitions. - In this part - 
        (1) "aeronautics" means the science and art of flight.
        (2) "air carrier" means a citizen of the United States
      undertaking by any means, directly or indirectly, to provide air
      transportation.
        (3) "air commerce" means foreign air commerce, interstate air
      commerce, the transportation of mail by aircraft, the operation
      of aircraft within the limits of a Federal airway, or the
      operation of aircraft that directly affects, or may endanger
      safety in, foreign or interstate air commerce.
        (4) "air navigation facility" means a facility used, available
      for use, or designed for use, in aid of air navigation, including
      - 
          (A) a landing area;
          (B) a light;
          (C) apparatus or equipment for distributing weather
        information, signaling, radio-directional finding, or radio or
        other electromagnetic communication; and
          (D) another structure or mechanism for guiding or controlling
        flight in the air or the landing and takeoff of aircraft.

        (5) "air transportation" means foreign air transportation,
      interstate air transportation, or the transportation of mail by
      aircraft.
        (6) "aircraft" means any contrivance invented, used, or
      designed to navigate, or fly in, the air.
        (7) "aircraft engine" means an engine used, or intended to be
      used, to propel an aircraft, including a part, appurtenance, and
      accessory of the engine, except a propeller.
        (8) "airman" means an individual - 
          (A) in command, or as pilot, mechanic, or member of the crew,
        who navigates aircraft when under way;
          (B) except to the extent the Administrator of the Federal
        Aviation Administration may provide otherwise for individuals
        employed outside the United States, who is directly in charge
        of inspecting, maintaining, overhauling, or repairing aircraft,
        aircraft engines, propellers, or appliances; or
          (C) who serves as an aircraft dispatcher or air traffic
        control-tower operator.

        (9) "airport" means a landing area used regularly by aircraft
      for receiving or discharging passengers or cargo.
        (10) "all-cargo air transportation" means the transportation by
      aircraft in interstate air transportation of only property or
      only mail, or both.
        (11) "appliance" means an instrument, equipment, apparatus, a
      part, an appurtenance, or an accessory used, capable of being
      used, or intended to be used, in operating or controlling
      aircraft in flight, including a parachute, communication
      equipment, and another mechanism installed in or attached to
      aircraft during flight, and not a part of an aircraft, aircraft
      engine, or propeller.
        (12) "cargo" means property, mail, or both.
        (13) "charter air carrier" means an air carrier holding a
      certificate of public convenience and necessity that authorizes
      it to provide charter air transportation.
        (14) "charter air transportation" means charter trips in air
      transportation authorized under this part.
        (15) "citizen of the United States" means - 
          (A) an individual who is a citizen of the United States;
          (B) a partnership each of whose partners is an individual who
        is a citizen of the United States; or
          (C) a corporation or association organized under the laws of
        the United States or a State, the District of Columbia, or a
        territory or possession of the United States, of which the
        president and at least two-thirds of the board of directors and
        other managing officers are citizens of the United States,
        which is under the actual control of citizens of the United
        States, and in which at least 75 percent of the voting interest
        is owned or controlled by persons that are citizens of the
        United States.

        (16) "civil aircraft" means an aircraft except a public
      aircraft.
        (17) "civil aircraft of the United States" means an aircraft
      registered under chapter 441 of this title.
        (18) "conditional sales contract" means a contract - 
          (A) for the sale of an aircraft, aircraft engine, propeller,
        appliance, or spare part, under which the buyer takes
        possession of the property but title to the property vests in
        the buyer at a later time on - 
            (i) paying any part of the purchase price;
            (ii) performing another condition; or
            (iii) the happening of a contingency; or

          (B) to bail or lease an aircraft, aircraft engine, propeller,
        appliance, or spare part, under which the bailee or lessee - 
            (i) agrees to pay an amount substantially equal to the
          value of the property; and
            (ii) is to become, or has the option of becoming, the owner
          of the property on complying with the contract.

        (19) "conveyance" means an instrument, including a conditional
      sales contract, affecting title to, or an interest in, property.
        (20) "Federal airway" means a part of the navigable airspace
      that the Administrator designates as a Federal airway.
        (21) "foreign air carrier" means a person, not a citizen of the
      United States, undertaking by any means, directly or indirectly,
      to provide foreign air transportation.
        (22) "foreign air commerce" means the transportation of
      passengers or property by aircraft for compensation, the
      transportation of mail by aircraft, or the operation of aircraft
      in furthering a business or vocation, between a place in the
      United States and a place outside the United States when any part
      of the transportation or operation is by aircraft.
        (23) "foreign air transportation" means the transportation of
      passengers or property by aircraft as a common carrier for
      compensation, or the transportation of mail by aircraft, between
      a place in the United States and a place outside the United
      States when any part of the transportation is by aircraft.
        (24) "interstate air commerce" means the transportation of
      passengers or property by aircraft for compensation, the
      transportation of mail by aircraft, or the operation of aircraft
      in furthering a business or vocation - 
          (A) between a place in - 
            (i) a State, territory, or possession of the United States
          and a place in the District of Columbia or another State,
          territory, or possession of the United States;
            (ii) a State and another place in the same State through
          the airspace over a place outside the State;
            (iii) the District of Columbia and another place in the
          District of Columbia; or
            (iv) a territory or possession of the United States and
          another place in the same territory or possession; and

          (B) when any part of the transportation or operation is by
        aircraft.

        (25) "interstate air transportation" means the transportation
      of passengers or property by aircraft as a common carrier for
      compensation, or the transportation of mail by aircraft - 
          (A) between a place in - 
            (i) a State, territory, or possession of the United States
          and a place in the District of Columbia or another State,
          territory, or possession of the United States;
            (ii) Hawaii and another place in Hawaii through the
          airspace over a place outside Hawaii;
            (iii) the District of Columbia and another place in the
          District of Columbia; or
            (iv) a territory or possession of the United States and
          another place in the same territory or possession; and

          (B) when any part of the transportation is by aircraft.

        (26) "intrastate air carrier" means a citizen of the United
      States undertaking by any means to provide only intrastate air
      transportation.
        (27) "intrastate air transportation" means the transportation
      by a common carrier of passengers or property for compensation,
      entirely in the same State, by turbojet-powered aircraft capable
      of carrying at least 30 passengers.
        (28) "landing area" means a place on land or water, including
      an airport or intermediate landing field, used, or intended to be
      used, for the takeoff and landing of aircraft, even when
      facilities are not provided for sheltering, servicing, or
      repairing aircraft, or for receiving or discharging passengers or
      cargo.
        (29) "large hub airport" means a commercial service airport (as
      defined in section 47102) that has at least 1.0 percent of the
      passenger boardings.
        (30) "mail" means United States mail and foreign transit mail.
        (31) "medium hub airport" means a commercial service airport
      (as defined in section 47102) that has at least 0.25 percent but
      less than 1.0 percent of the passenger boardings.
        (32) "navigable airspace" means airspace above the minimum
      altitudes of flight prescribed by regulations under this subpart
      and subpart III of this part, including airspace needed to ensure
      safety in the takeoff and landing of aircraft.
        (33) "navigate aircraft" and "navigation of aircraft" include
      piloting aircraft.
        (34) "nonhub airport" means a commercial service airport (as
      defined in section 47102) that has less than 0.05 percent of the
      passenger boardings.
        (35) "operate aircraft" and "operation of aircraft" mean using
      aircraft for the purposes of air navigation, including - 
          (A) the navigation of aircraft; and
          (B) causing or authorizing the operation of aircraft with or
        without the right of legal control of the aircraft.

        (36) "passenger boardings" - 
          (A) means, unless the context indicates otherwise, revenue
        passenger boardings in the United States in the prior calendar
        year on an aircraft in service in air commerce, as the
        Secretary determines under regulations the Secretary
        prescribes; and
          (B) includes passengers who continue on an aircraft in
        international flight that stops at an airport in the 48
        contiguous States, Alaska, or Hawaii for a nontraffic purpose.

        (37) "person", in addition to its meaning under section 1 of
      title 1, includes a governmental authority and a trustee,
      receiver, assignee, and other similar representative.
        (38) "predatory" means a practice that violates the antitrust
      laws as defined in the first section of the Clayton Act (15
      U.S.C. 12).
        (39) "price" means a rate, fare, or charge.
        (40) "propeller" includes a part, appurtenance, and accessory
      of a propeller.
        (41) "public aircraft" means any of the following:
          (A) Except with respect to an aircraft described in
        subparagraph (E), an aircraft used only for the United States
        Government, except as provided in section 40125(b).
          (B) An aircraft owned by the Government and operated by any
        person for purposes related to crew training, equipment
        development, or demonstration, except as provided in section
        40125(b).
          (C) An aircraft owned and operated by the government of a
        State, the District of Columbia, or a territory or possession
        of the United States or a political subdivision of one of these
        governments, except as provided in section 40125(b).
          (D) An aircraft exclusively leased for at least 90 continuous
        days by the government of a State, the District of Columbia, or
        a territory or possession of the United States or a political
        subdivision of one of these governments, except as provided in
        section 40125(b).
          (E) An aircraft owned or operated by the armed forces or
        chartered to provide transportation to the armed forces under
        the conditions specified by section 40125(c).

        (42) "small hub airport" means a commercial service airport (as
      defined in section 47102) that has at least 0.05 percent but less
      than 0.25 percent of the passenger boardings.
        (43) "spare part" means an accessory, appurtenance, or part of
      an aircraft (except an aircraft engine or propeller), aircraft
      engine (except a propeller), propeller, or appliance, that is to
      be installed at a later time in an aircraft, aircraft engine,
      propeller, or appliance.
        (44) "State authority" means an authority of a State designated
      under State law - 
          (A) to receive notice required to be given a State authority
        under subpart II of this part; or
          (B) as the representative of the State before the Secretary
        of Transportation in any matter about which the Secretary is
        required to consult with or consider the views of a State
        authority under subpart II of this part.

        (45) "ticket agent" means a person (except an air carrier, a
      foreign air carrier, or an employee of an air carrier or foreign
      air carrier) that as a principal or agent sells, offers for sale,
      negotiates for, or holds itself out as selling, providing, or
      arranging for, air transportation.
        (46) "United States" means the States of the United States, the
      District of Columbia, and the territories and possessions of the
      United States, including the territorial sea and the overlying
      airspace.
        (47) "air traffic control system" means the combination of
      elements used to safely and efficiently monitor, direct, control,
      and guide aircraft in the United States and United States-
      assigned airspace, including - 
          (A) allocated electromagnetic spectrum and physical, real,
        personal, and intellectual property assets making up
        facilities, equipment, and systems employed to detect, track,
        and guide aircraft movement;
          (B) laws, regulations, orders, directives, agreements, and
        licenses;
          (C) published procedures that explain required actions,
        activities, and techniques used to ensure adequate aircraft
        separation; and
          (D) trained personnel with specific technical capabilities to
        satisfy the operational, engineering, management, and planning
        requirements for air traffic control.

      (b) Limited Definition. - In subpart II of this part, "control"
    means control by any means.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1097; Pub. L.
    103-305, title VI, Sec. 601(b)(2)(B), Aug. 23, 1994, 108 Stat.
    1606; Pub. L. 103-411, Sec. 3(a), Oct. 25, 1994, 108 Stat. 4236;
    Pub. L. 103-429, Sec. 6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L.
    105-137, Sec. 6, Dec. 2, 1997, 111 Stat. 2641; Pub. L. 106-181,
    title III, Sec. 301, title VII, Sec. 702(a), Apr. 5, 2000, 114
    Stat. 115, 155; Pub. L. 108-176, title II, Sec. 225(a), title VIII,
    Sec. 807, Dec. 12, 2003, 117 Stat. 2528, 2588.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40102(a)(1)    49 App.:1301(2).        Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 101(2), (3)   
                                            (less proviso), (5)-(10),   
                                            413, 72 Stat. 737, 770.     
    40102(a)(2)    49 App.:1301(3)                                      
                    (less proviso).                                     
    40102(a)(3)    49 App.:1301(4).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 101(4), 72     
                                            Stat. 737; Sept. 5, 1961,   
                                            Pub. L. 87-197, Sec. 3, 75  
                                            Stat. 467.                  
    40102(a)(4)    49 App.:1301(8).                                     
    40102(a)(5)    49 App.:1301(10).                                    
    40102(a)(      49 App.:1301(5),                                     
     6), (7)        (6).                                                
    40102(a)(8)    49 App.:1301(7).                                     
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40102(a)(9)    49 App.:1301(9).                                     
    40102(a)(      49 App.:1301(11).       Aug. 23, 1958, Pub. L.       
     10)                                    85-726, 72 Stat. 731, Sec.  
                                            101(11); added Nov. 9, 1977,
                                            Pub. L. 95-163, Sec.        
                                            17(b)(2), 91 Stat. 1286;    
                                            restated Oct. 4, 1984, Pub. 
                                            L. 98-443, Sec. 9(a)(1), 98 
                                            Stat. 1706.                 
    40102(a)(      49 App.:1301(12).       Aug. 23, 1958, Pub. L.       
     11)                                    85-726, Sec. 101(12),       
                                            (16)-(34), (37), (40), (41),
                                            72 Stat. 737, 739; July 10, 
                                            1962, Pub. L. 87-528, Sec.  
                                            1, 76 Stat. 143; Sept. 26,  
                                            1968, Pub. L. 90-514, Sec.  
                                            1, 82 Stat. 867; Oct. 14,   
                                            1970, Pub. L. 91-449, Sec.  
                                            1(2), 84 Stat. 921; Aug. 5, 
                                            1974, Pub. L. 93-366, Sec.  
                                            206, 88 Stat. 419; Nov. 9,  
                                            1977, Pub. L. 95-163, Sec.  
                                            17(b)(1), 91 Stat. 1286;    
                                            Oct. 24, 1978, Pub. L.      
                                            95-504, Sec. 2(a)(4), (b),  
                                            92 Stat. 1705.              
    40102(a)(      (no source).                                         
     12)                                                                
    40102(a)(      49 App.:1301(14)        Aug. 23, 1958, Pub. L.       
     13)            (less certificate).     85-726, 72 Stat. 731, Sec.  
                                            101(14) (less certificate), 
                                            (15); added Oct. 24, 1978,  
                                            Pub. L. 95-504, Sec.        
                                            2(a)(1), 92 Stat. 1705.     
    40102(a)(      49 App.:1301(15).                                    
     14)                                                                
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    40102(a)       49                                                   
     (15)-(18)      App.:1301(16)-(19).                                 
    40102(a)(      49 App.:1301(20).                                    
     19)                                                                
    40102(a)(      49 App.:1301(21).                                    
     20)                                                                
                   49 App.:1655(c)(1).                                  
    40102(a)(      49 App.:1301(22).                                    
     21)                                                                
    40102(a)(      49 App.:1301(23)                                     
     22)            (related to foreign                                 
                    air commerce).                                      
    40102(a)(      49 App.:1301(24)                                     
     23)            (related to foreign                                 
                    air transportation).                                 
    40102(a)(      49 App.:1301(23)                                     
     24)            (related to                                         
                    interstate and                                      
                    overseas air                                        
                    commerce).                                          
    40102(a)(      49 App.:1301(24)                                     
     25)            (related to                                         
                    interstate and                                      
                    overseas air                                        
                    transportation).                                    
                   49 App.:1305(b)(2),     Aug. 23, 1958, Pub. L.       
                    (d) (related to         85-726, 72 Stat. 731, Sec.  
                    (b)(2)).                105(b)(2), (d) (related to  
                                            (b)(2)); added Oct. 24,     
                                            1978, Pub. L. 95-504, Sec.  
                                            4(a), 92 Stat. 1708.        
    40102(a)       49                                                   
     (26)-(32)      App.:1301(25)-(31).                                 
    40102(a)(      49 App.:1301(32).                                    
     33)                                                                
    40102(a)(      49 App.:1301(35).       Aug. 23, 1958, Pub. L.       
     34)                                    85-726, 72 Stat. 731, Sec.  
                                            101(35), (39); added Oct.   
                                            24, 1978, Pub. L. 95-504,   
                                            Sec. 2(a)(2), (3), (b), 92  
                                            Stat. 1705.                 
    40102(a)(      (no source).                                         
     35)                                                                
    40102(a)(      49 App.:1301(33),                                    
     36)            (34).                                               
    40102(a)(      49 App.:1301(36).       Aug. 23, 1958, Pub. L.       
     37)                                    85-726, Sec. 101(36), 72    
                                            Stat. 739; Aug. 5, 1974,    
                                            Pub. L. 93-366, Sec. 206, 88
                                            Stat. 419; Nov. 9, 1977,    
                                            Pub. L. 95-163, Sec.        
                                            17(b)(1), 91 Stat. 1286;    
                                            Oct. 24, 1978, Pub. L.      
                                            95-504, Sec. 2, 92 Stat.    
                                            1705; Dec. 30, 1987, Pub. L.
                                            100-223, Sec. 207, 101 Stat.
                                            1523.                       
    40102(a)(      49 App.:1301(37).                                    
     38)                                                                
    40102(a)(      49 App.:1301(39).                                    
     39)                                                                
    40102(a)(      49 App.:1301(40).                                    
     40)                                                                
    40102(a)(      49 App.:1301(41).                                    
     41)                                                                
    40102(b)       49 App.:1383.                                        
    --------------------------------------------------------------------

      In subsection (a)(2), the words "by any means" are substituted
    for "whether . . . or by a lease or any other arrangement" to
    eliminate unnecessary words. The word "provide" is substituted for
    "engage in" for consistency in the revised title.
      In subsection (a)(3), the words "or navigation" are omitted as
    being included in the definition of "operation of aircraft" in this
    subsection.
      In subsection (a)(4)(D), the words "having a similar purpose" are
    omitted as surplus.
      In subsection (a)(6), the words "now known or hereafter" are
    omitted as surplus.
      In subsection (a)(7), the words "of the engine" are substituted
    for "thereof" for clarity.
      In subsection (a)(8)(A), the words "as the person" are omitted as
    surplus.
      In subsection (a)(10), the word "transportation" is substituted
    for "carriage" for consistency in the revised title.
      In subsection (a)(11), the words "of whatever description" are
    omitted as surplus. The word "navigation" is omitted as being
    included in the definition of "operate aircraft" in this
    subsection. The words "or mechanisms" are omitted because of 1:1.
      Subsection (a)(12) is added for clarity to distinguish between
    cargo (which includes mail) and property (which does not include
    mail).
      In subsection (a)(13), the word "provide" is substituted for
    "engage in" for consistency in the revised title.
      In subsection (a)(14), the words "including inclusive tour
    charter trips" are omitted as obsolete. The words "authorized under
    this part" are substituted for "rendered pursuant to authority
    conferred under this chapter under regulations prescribed by the
    Board" to eliminate unnecessary words.
      In subsection (a)(15)(A), the words "or of one of its
    possessions" are omitted as being included in the definition of
    "United States" in this subsection.
      In subsection (a)(15)(C), the words "created or" are omitted as
    being included in "organized".
      In subsection (a)(17), the words "chapter 441 of this title" are
    substituted for "this chapter" for clarity because aircraft are
    registered only under chapter 441.
      In subsection (a)(18), the text of 49 App.:1301(19) (last
    sentence) is omitted as surplus.
      In subsection (a)(18)(A), before subclause (i), the words "title
    to" are added for clarity and consistency in this section.
      In subsection (a)(18)(B)(i), the words "as compensation" are
    omitted as surplus.
      In subsection (a)(18)(B)(ii), the words "it is agreed that",
    "bound", "full", and "the terms of" are omitted as surplus.
      In subsection (a)(19), the words "bill of sale . . . mortgage,
    assignment of mortgage, or other" are omitted as being included in
    "instrument".
      In subsection (a)(20), the words "of the United States" are
    omitted for consistency in the revised title and because of the
    definition of "navigable airspace" in this subsection.
      In subsection (a)(21), the words "by any means" are substituted
    for "whether . . . or by lease or any other arrangement" to
    eliminate unnecessary words. The word "provide" is substituted for
    "engage in" for consistency in the revised title.
      In subsection (a)(22)-(25) and (27), the words "transportation"
    and "passengers" are substituted for "carriage" and "persons",
    respectively, for consistency in the revised title. The word
    "compensation" is substituted for, and is coextensive with,
    "compensation or hire".
      In subsection (a)(22) and (24), the words "or navigation" are
    omitted as being included in the definition of "operation of
    aircraft" in this subsection. The words "the conduct or" and "in
    commerce" are omitted as surplus. The words "when any part of the
    transportation or operation is by aircraft" are substituted for 49
    App.:1301(23) (words after last semicolon) to eliminate unnecessary
    words.
      In subsection (a)(23) and (25), the words "in commerce" are
    omitted as surplus. The words "when any part of the transportation
    is by aircraft" are substituted for 49 App.:1301(24) (words after
    last semicolon) to eliminate unnecessary words.
      In subsection (a)(24), (25), and (27), the words "of the United
    States" are omitted as surplus.
      In subsection (a)(24)(A)(i) and (25)(A)(i), the words "or the
    District of Columbia" the first time they appear are omitted as
    surplus.
      In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a)
    (words between semicolons) is omitted because 49 App.:1305(b)(2)
    removes the subject matter of the text from the definition. See H.
    Rept. No. 95-1211, 95th Cong., 2d Sess., p.16 (1978).
      In subsection (a)(26), the words "by any means" are substituted
    for "whether . . . or by a lease or any other arrangement" to
    eliminate unnecessary words. The word "provide" is substituted for
    "engage" for consistency in the revised title.
      In subsection (a)(28), the word "place" is substituted for
    "locality" for consistency in the revised title.
      In subsection (a)(32)(B), the words "(in the capacity of owner,
    lessee, or otherwise)" are omitted as surplus.
      In subsection (a)(33), the words "in addition to its meaning
    under section 1 of title 1" are substituted for "any individual,
    firm, copartnership, corporation, company, association, joint stock
    association" for clarity because 1:1 is applicable to all laws
    unless otherwise provided. The words "governmental authority" are
    substituted for "body politic" for consistency in the revised title
    and with other titles of the United States Code.
      Subsection (a)(35) is added to eliminate repetition of the words
    "rates, fares, or charges" throughout this part.
      In subsection (a)(36), the text of 49 App.:1301(34) (1st
    sentence) is omitted as obsolete. Reference to the Canal Zone is
    omitted because of the Panama Canal Treaty of 1977. The text of 49
    App.:1301(34) (last sentence) is omitted because of 48:734.
      Subsection (a)(37)(A)(i) is substituted for "used exclusively in
    the service of any government" and "For purposes of this paragraph,
    'used exclusively in the service of' means, for other than the
    Federal Government" for clarity and to eliminate unnecessary words.
      Subsection (a)(37)(A)(ii) is substituted for "used exclusively in
    the service of any government or of any political subdivision
    thereof, including the government of any State, Territory, or
    possession of the United States, or the District of Columbia" and
    "For purposes of this paragraph, 'used exclusively in the service
    of' means, for other than the Federal Government, an aircraft which
    is owned and operated by a governmental entity for other than
    commercial purposes or which is exclusively leased by such
    governmental entity for not less than 90 continuous days" for
    clarity and to eliminate unnecessary words.
      In subsection (a)(37)(B), the words "transporting passengers or
    property" are substituted for "engaged in carrying persons or
    property" for consistency in the revised title.
      In subsection (a)(38), the words "that is to be installed at a
    later time" are substituted for "maintained for installation or use
    . . . but which at the time are not installed therein or attached
    thereto" to eliminate unnecessary words.
      In subsection (a)(39), the word "authority" is substituted for
    "agency" and "entity" for consistency in the revised title. Before
    subclause (A), the words "department, agency, officer, or other"
    are omitted as being included in "authority".
      In subsection (a)(40), the words "bona fide" and "by
    solicitation, advertisement, or otherwise" are omitted as surplus.
    The words "furnishes, contracts" are omitted as being included in
    "providing, or arranging".
      In subsection (a)(41), the words "States of the United States"
    are substituted for "several States", and the word "sea" is
    substituted for "waters", for consistency in the revised title and
    with other titles of the Code.
      Subsection (b) is substituted for 49 App.:1383 to eliminate
    unnecessary words.

                              PUB. L. 103-429                          
      This makes a conforming amendment for consistency with the style
    of title 49.

                                AMENDMENTS                            
      2003 - Subsec. (a)(15)(C). Pub. L. 108-176, Sec. 807, inserted
    "which is under the actual control of citizens of the United
    States," before "and in which".
      Subsec. (a)(29) to (47). Pub. L. 108-176, Sec. 225(a), added
    pars. (29), (31), (34), (36), and (42) and redesignated former
    pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38),
    (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38),
    (39), (40), (41), (43), (44), (45), (46), and (47), respectively.
      2000 - Subsec. (a)(37). Pub. L. 106-181, Sec. 702(a), amended
    par. (37) generally, revising and restating provisions defining
    "public aircraft" to include references to qualifications found in
    section 40125(b) and (c).
      Subsec. (a)(42). Pub. L. 106-181, Sec. 301, added par. (42).
      1997 - Subsec. (a)(37)(A). Pub. L. 105-137 struck out "or" at end
    of cl. (i), added cl. (ii), and redesignated former cl. (ii) as
    (iii).
      1994 - Subsec. (a)(30). Pub. L. 103-429 substituted "this subpart
    and subpart III" for "subparts I and III".
      Subsec. (a)(35). Pub. L. 103-305 struck out "for air
    transportation" after "charge".
      Subsec. (a)(37)(B). Pub. L. 103-411 added subpar. (B) and struck
    out former subpar. (B) which read as follows: "does not include a
    government-owned aircraft transporting passengers or property for
    commercial purposes."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.
      Amendment by Pub. L. 103-411 effective on the 180th day following
    Oct. 25, 1994, see section 3(d) of Pub. L. 103-411, set out as a
    note under section 1131 of this title.
      Amendment by Pub. L. 103-305 effective Jan. 1, 1995, see section
    601(d) of Pub. L. 103-305, set out as a note under section 10521 of
    this title.


-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-CROSS-
                  DEFINITIONS OF TERMS IN PUB. L. 107-71              
      Pub. L. 107-71, title I, Sec. 133, Nov. 19, 2001, 115 Stat. 636,
    provided that: "Except as otherwise explicitly provided, any term
    used in this title [see Tables for classification] that is defined
    in section 40102 of title 49, United States Code, has the meaning
    given that term in that section."
                 DEFINITIONS APPLICABLE TO PUB. L. 106-181             
      Pub. L. 106-181, Sec. 4, Apr. 5, 2000, 114 Stat. 64, provided
    that: "Except as otherwise provided in this Act [see Tables for
    classification], the following definitions apply:
        "(1) Administrator. - The term 'Administrator' means the
      Administrator of the Federal Aviation Administration.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Transportation."
                 DEFINITIONS APPLICABLE TO PUB. L. 103-305             
      Section 2 of Pub. L. 103-305 provided that: "In this Act [see
    Short Title of 1994 Amendment note set out under section 40101 of
    this title], the following definitions apply:
        "(1) Administrator. - The term 'Administrator' means the
      Administrator of the Federal Aviation Administration.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Transportation."

-End-



-CITE-
    49 USC Sec. 40103                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40103. Sovereignty and use of airspace

-STATUTE-
      (a) Sovereignty and Public Right of Transit. - (1) The United
    States Government has exclusive sovereignty of airspace of the
    United States.
      (2) A citizen of the United States has a public right of transit
    through the navigable airspace. To further that right, the
    Secretary of Transportation shall consult with the Architectural
    and Transportation Barriers Compliance Board established under
    section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792)
    before prescribing a regulation or issuing an order or procedure
    that will have a significant impact on the accessibility of
    commercial airports or commercial air transportation for
    handicapped individuals.
      (b) Use of Airspace. - (1) The Administrator of the Federal
    Aviation Administration shall develop plans and policy for the use
    of the navigable airspace and assign by regulation or order the use
    of the airspace necessary to ensure the safety of aircraft and the
    efficient use of airspace. The Administrator may modify or revoke
    an assignment when required in the public interest.
      (2) The Administrator shall prescribe air traffic regulations on
    the flight of aircraft (including regulations on safe altitudes)
    for - 
        (A) navigating, protecting, and identifying aircraft;
        (B) protecting individuals and property on the ground;
        (C) using the navigable airspace efficiently; and
        (D) preventing collision between aircraft, between aircraft and
      land or water vehicles, and between aircraft and airborne
      objects.

      (3) To establish security provisions that will encourage and
    allow maximum use of the navigable airspace by civil aircraft
    consistent with national security, the Administrator, in
    consultation with the Secretary of Defense, shall - 
        (A) establish areas in the airspace the Administrator decides
      are necessary in the interest of national defense; and
        (B) by regulation or order, restrict or prohibit flight of
      civil aircraft that the Administrator cannot identify, locate,
      and control with available facilities in those areas.

      (4) Notwithstanding the military exception in section 553(a)(1)
    of title 5, subchapter II of chapter 5 of title 5 applies to a
    regulation prescribed under this subsection.
      (c) Foreign Aircraft. - A foreign aircraft, not part of the armed
    forces of a foreign country, may be navigated in the United States
    as provided in section 41703 of this title.
      (d) Aircraft of Armed Forces of Foreign Countries. - Aircraft of
    the armed forces of a foreign country may be navigated in the
    United States only when authorized by the Secretary of State.
      (e) No Exclusive Rights at Certain Facilities. - A person does
    not have an exclusive right to use an air navigation facility on
    which Government money has been expended. However, providing
    services at an airport by only one fixed-based operator is not an
    exclusive right if - 
        (1) it is unreasonably costly, burdensome, or impractical for
      more than one fixed-based operator to provide the services; and
        (2) allowing more than one fixed-based operator to provide the
      services requires a reduction in space leased under an agreement
      existing on September 3, 1982, between the operator and the
      airport.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1101.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40103(a)(1)    49 App.:1508(a)         Aug. 23, 1958, Pub. L.       
                    (1st sentence).         85-726, Secs. 307(a), (c),  
                                            (d), 308(a) (3d sentence),  
                                            1108(a), 1201, 1202, 72     
                                            Stat. 749, 750, 751, 798,   
                                            800.                        
    40103(a)(2)    49 App.:1304.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 104, 72 Stat.  
                                            740; Oct. 4, 1984, Pub. L.  
                                            98-443, Sec. 14, 98 Stat.   
                                            1711.                       
                   49                      Aug. 28, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    40103(b)(1)    49 App.:1348(a).                                     
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40103(b)(2)    49 App.:1348(c).                                     
                   49 App.:1655(c)(1).                                  
    40103(b)(3)    49 App.:1521.                                        
                   49 App.:1522.                                        
                   49 App.:1655(c)(1).                                  
    40103(b)(4)    49 App.:1348(d).                                     
    40103(c)       (no source).                                         
    40103(d)       49 App.:1508(a)                                      
                    (last sentence).                                    
    40103(e)       49 App.:1349(a) (3d                                  
                    sentence).                                          
                   49 App.:1349(a)         Aug. 23, 1958, Pub. L.       
                    (last sentence).        85-726, 72 Stat. 731, Sec.  
                                            308(a) (last sentence);     
                                            added Sept. 3, 1982, Pub. L.
                                            97-248, Sec. 524(a)(1), 96  
                                            Stat. 695.                  
    --------------------------------------------------------------------

      In subsection (a)(1), the word "has" is substituted for "is
    declared to possess and exercise complete and" to eliminate surplus
    words. The word "national" is omitted as surplus. The text of 49
    App.:1508(a) (1st sentence words after 1st comma) is omitted as
    surplus.
      In subsection (a)(2), the words "of the United States" are
    omitted for consistency in the revised title and because of the
    definition of "navigable airspace" in section 40102(a) of the
    revised title. The words "or amending" are omitted as surplus.
      In subsection (b), the word "Administrator" in section 307(a),
    (c), and (d) of the Federal Aviation Act of 1958 (Public Law 85-
    726, 72 Stat. 749, 750) is retained on authority of 49:106(g).
      In subsection (b)(1) and (3)(B), the word "rule" is omitted as
    being synonymous with "regulation".
      In subsection (b)(1), the words "under such terms, conditions,
    and limitations as he may deem" are omitted as surplus. The words
    "In the exercise of his authority under section 1348(a) of this
    Appendix" in 49 App.:1522 are omitted as unnecessary because of the
    restatement.
      In subsection (b)(2), before clause (A), the word "shall" is
    substituted for "is further authorized and directed" for
    consistency in the revised title and to eliminate unnecessary
    words.
      In subsection (b)(3), before clause (A), the words "In the
    exercise of his authority under section 1348(a) of this Appendix"
    in 49 App.:1522 are omitted as surplus. The word "navigable" is
    added for clarity and consistency. In clause (A), the words "such
    zones or" are omitted as surplus.
      In subsection (b)(4), the words "the military exception" are
    substituted for "any exception relating to military or naval
    functions" to eliminate unnecessary words and because "naval" is
    included in "military". The words "applies to a regulation
    prescribed under" are substituted for "In the exercise of the
    rulemaking authority . . . the Secretary of Transportation shall be
    subject to" to eliminate unnecessary words and because "rules" and
    "regulations" are synonymous.
      Subsection (c) is added for clarity.
      In subsection (d), the words "including the Canal Zone" are
    omitted because of the Panama Canal Treaty of 1977.
      In subsection (e), before clause (1), the words "any landing
    area" are omitted as being included in the definition of "air
    navigation facility" in section 40102(a) of the revised title. The
    word "only" is added for clarity. In clause (2), the words "on
    September 3, 1982" are added for clarity.

                                REGULATIONS                            
      Pub. L. 85-726, title VI, Sec. 613(a), (b), as added by Pub.
    L.101-508, title IX, Sec. 9124, Nov. 5, 1990, 104 Stat. 1388-370,
    provided that:
      "(a) National Disaster Areas. - Before the 180th day following
    the date of the enactment of this section [Nov. 5, 1990], the
    Administrator, for safety and humanitarian reasons, shall issue
    such regulations as may be necessary to prohibit or otherwise
    restrict aircraft overflights of any inhabited area which has been
    declared a national disaster area in the State of Hawaii.
      "(b) Exceptions. - Regulations issued pursuant to subsection (a)
    shall not be applicable in the case of aircraft overflights
    involving an emergency or a ligitimate [sic] scientific purpose."

                        NATIONAL AIRSPACE REDESIGN                    
      Pub. L. 106-181, title VII, Sec. 736, Apr. 5, 2000, 114 Stat.
    171, provided that:
      "(a) Findings. - Congress makes the following findings:
        "(1) The national airspace, comprising more than 29 million
      square miles, handles more than 55,000 flights per day.
        "(2) Almost 2,000,000 passengers per day traverse the United
      States through 20 major en route centers, including more than 700
      different sectors.
        "(3) Redesign and review of the national airspace may produce
      benefits for the travelling public by increasing the efficiency
      and capacity of the air traffic control system and reducing
      delays.
        "(4) Redesign of the national airspace should be a high
      priority for the Federal Aviation Administration and the air
      transportation industry.
      "(b) Redesign. - The Administrator [of the Federal Aviation
    Administration], with advice from the aviation industry and other
    interested parties, shall conduct a comprehensive redesign of the
    national airspace system.
      "(c) Report. - Not later than December 31, 2000, 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 Administrator's comprehensive national airspace
    redesign. The report shall include projected milestones for
    completion of the redesign and shall also include a date for
    completion.
      "(d) Authorization. - There is authorized to be appropriated to
    the Administrator to carry out this section $12,000,000 for each of
    fiscal years 2000, 2001, and 2002."

-End-



-CITE-
    49 USC Sec. 40104                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40104. Promotion of civil aeronautics and safety of air
      commerce

-STATUTE-
      (a) Developing Civil Aeronautics and Safety of Air Commerce. -
    The Administrator of the Federal Aviation Administration shall
    encourage the development of civil aeronautics and safety of air
    commerce in and outside the United States. In carrying out this
    subsection, the Administrator shall take action that the
    Administrator considers necessary to establish, within available
    resources, a program to distribute civil aviation information in
    each region served by the Administration. The program shall
    provide, on request, informational material and expertise on civil
    aviation to State and local school administrators, college and
    university officials, and officers of other interested
    organizations.
      (b) International Role of the FAA. - The Administrator shall
    promote and achieve global improvements in the safety, efficiency,
    and environmental effect of air travel by exercising leadership
    with the Administrator's foreign counterparts, in the International
    Civil Aviation Organization and its subsidiary organizations, and
    other international organizations and fora, and with the private
    sector.
      (c) Airport Capacity Enhancement Projects at Congested Airports. -
     In carrying out subsection (a), the Administrator shall take
    action to encourage the construction of airport capacity
    enhancement projects at congested airports as those terms are
    defined in section 47176.(!1)


-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102; Pub. L.
    103-429, Sec. 6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104-
    264, title IV, Sec. 401(b)(1), Oct. 9, 1996, 110 Stat. 3255; Pub.
    L. 108-176, title III, Sec. 303, title VIII, Sec. 813, Dec. 12,
    2003, 117 Stat. 2533, 2590.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40104          49 App.:1346.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 305, 72 Stat.  
                                            749.                        
                   49 App.:1346a.          July 12, 1976, Pub. L.       
                                            94-353, Sec. 21, 90 Stat.   
                                            884.                        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    --------------------------------------------------------------------

      The words "and foster" in 49 App.:1346 are omitted as surplus.
    The words "In carrying out this section" are substituted for "In
    furtherance of his mandate to promote civil aviation" in 49
    App.:1346a because of the restatement. The word "Administrator" is
    substituted for "Secretary of Transportation acting through the
    Administrator of the Federal Aviation Administration" for
    consistency with the source provisions restated in this section.
    The words "be designed so as to", "various aspects of", and "civil
    and" are omitted as surplus.

                    PUB. L. 103-429, SEC. 6(47)(A), (B)                
      This makes conforming amendments to 49:40104, as enacted by
    section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat.
    1102), because of the restatement of 49 App.:1655(c)(1) (words
    after last comma) as 49:40104(b) by section 6(47)(C) of the bill.



                      PUB. L. 103-429, SEC. 6(47)(C)                  
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40104(b)       49 App.:1655(c)(1)      Oct. 15, 1966, Pub. L.       
                    (words after last       89-670, Sec. 6(c)(1) (words 
                    comma).                 after last comma), 80 Stat. 
                                            938; Jan. 12, 1983, Pub. L. 
                                            97-449, Sec. 7(b), 96 Stat. 
                                            2444.                       
    --------------------------------------------------------------------


-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 47176, referred to in subsec. (c), probably should be a
    reference to section 47175 of this title, which defines "congested
    airport" and "airport capacity enhancement project". No section
    47176 of this title has been enacted.


-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-176, Sec. 813, amended heading
    and text of subsec. (b) generally. Prior to amendment, text read as
    follows: "The Secretary of Transportation may develop and construct
    a civil supersonic aircraft."
      Subsec. (c). Pub. L. 108-176, Sec. 303, added subsec. (c).
      1996 - Pub. L. 104-264, Sec. 401(b)(1)(A), inserted "safety of"
    before "air commerce" in section catchline.
      Subsec. (a). Pub. L. 104-264, Sec. 401(b)(1)(B), (C), inserted
    "Safety of" before "Air Commerce" in heading and "safety of" before
    "air commerce" in text.
      1994 - Pub. L. 103-429 designated existing provisions as subsec.
    (a), inserted heading, substituted "carrying out this subsection"
    for "carrying out this section", and added subsec. (b).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    49 USC Sec. 40105                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40105. International negotiations, agreements, and obligations

-STATUTE-
      (a) Advice and Consultation. - The Secretary of State shall
    advise the Administrator of the Federal Aviation Administration and
    the Secretaries of Transportation and Commerce, and consult with
    them as appropriate, about negotiations for an agreement with a
    government of a foreign country to establish or develop air
    navigation, including air routes and services. The Secretary of
    Transportation shall consult with the Secretary of State in
    carrying out this part to the extent this part is related to
    foreign air transportation.
      (b) Actions of Secretary and Administrator. - (1) In carrying out
    this part, the Secretary of Transportation and the Administrator - 
        (A) shall act consistently with obligations of the United
      States Government under an international agreement;
        (B) shall consider applicable laws and requirements of a
      foreign country; and
        (C) may not limit compliance by an air carrier with obligations
      or liabilities imposed by the government of a foreign country
      when the Secretary takes any action related to a certificate of
      public convenience and necessity issued under chapter 411 of this
      title.

      (2) This subsection does not apply to an agreement between an air
    carrier or an officer or representative of an air carrier and the
    government of a foreign country, if the Secretary of Transportation
    disapproves the agreement because it is not in the public interest.
    Section 40106(b)(2) of this title applies to this subsection.
      (c) Consultation on International Air Transportation Policy. - In
    carrying out section 40101(e) of this title, the Secretaries of
    State and Transportation, to the maximum extent practicable, shall
    consult on broad policy goals and individual negotiations with - 
        (1) the Secretaries of Commerce and Defense;
        (2) airport operators;
        (3) scheduled air carriers;
        (4) charter air carriers;
        (5) airline labor;
        (6) consumer interest groups;
        (7) travel agents and tour organizers; and
        (8) other groups, institutions, and governmental authorities
      affected by international aviation policy.

      (d) Congressional Observers at International Aviation
    Negotiations. - The President shall grant to at least one
    representative of each House of Congress the privilege of attending
    international aviation negotiations as an observer if the privilege
    is requested in advance in writing.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40105(a)       49 App.:1462.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 802, 72 Stat.  
                                            783.                        
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(B).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(B); added Oct.   
                                            24, 1978, Pub. L. 95-504,   
                                            Sec. 40(a), 92 Stat. 1745.  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat 2444.               
    40105(b)       49 App.:1502(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 1102(a), 72    
                                            Stat. 797; Feb. 15, 1980,   
                                            Pub. L. 96-192, Sec. 17, 94 
                                            Stat. 42.                   
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b) (1)(E); added Oct.  
                                            4, 1984, Pub. L. 98-443,    
                                            Sec. 3(e), 98 Stat. 1704.   
                   49 App.:1655(c)(1).                                  
    40105(c)       49 App.:1502(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1102(c), (d); added Feb. 15,
                                            1980, Pub. L. 96-192, Sec.  
                                            17, 94 Stat. 43.            
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40105(d)       49 App.:1502(d).                                     
    --------------------------------------------------------------------

      In subsection (a), the words "government of a foreign country"
    are substituted for "foreign governments" in 49 App.:1462 and
    "foreign country" in 49 App.:1502(a) for consistency in the revised
    title and with other titles of the United States Code. The words
    "Secretary of Transportation" are substituted for "Department of
    Transportation" in 49 App.:1551(b)(1)(B) because of 49:102(b). The
    words "Secretary of State" are substituted for "Department of
    State" because of 22:2651.
      In subsection (b)(1), before clause (A), the words "carrying out"
    are substituted for "exercising and performing . . . powers and
    duties" for consistency in the revised title and with other titles
    of the Code. In clause (A), the words "an international agreement"
    are substituted for "any treaty, convention, or agreement that may
    be in force between the United States and any foreign country or
    foreign countries" for consistency and to eliminate unnecessary
    words. In clause (C), the word "public" is added for consistency in
    this part.
      In subsection (b)(2), the words "obligation, duty, or liability
    arising out of a contract or other" and "heretofore or hereafter"
    are omitted as surplus. The words "government of a foreign country"
    are substituted for "foreign country" for consistency in the
    revised title and with other titles of the Code. The last sentence
    is inserted to inform the reader that section 40106(b)(2) of the
    revised title qualifies this subsection.
      In subsection (c), before clause (1), the words "To assist" are
    omitted as surplus. The words "carrying out" are substituted for
    "developing and implementing" for consistency in the revised title
    and with other titles of the Code. The word "both" is omitted as
    surplus. In clause (8), the word "authorities" is substituted for
    "agencies" for consistency in the revised title and with other
    titles of the Code.

                  RECIPROCAL AIRWORTHINESS CERTIFICATION              
      Pub. L. 108-176, title VIII, Sec. 812, Dec. 12, 2003, 117 Stat.
    2590, provided that:
      "(a) In General. - As part of their bilateral negotiations with
    foreign nations and their civil aviation counterparts, the
    Secretary of State and the Administrator of the Federal Aviation
    Administration shall facilitate the reciprocal airworthiness
    certification of aviation products.
      "(b) Reciprocal Airworthiness Defined. - In this section, the
    term 'reciprocal airworthiness certification of aviation products'
    means that the regulatory authorities of each nation perform a
    similar review in certifying or validating the certification of
    aircraft and aircraft components of other nations."

                 REPORT ON CERTAIN BILATERAL NEGOTIATIONS             
      Pub. L. 103-305, title V, Sec. 519, Aug. 23, 1994, 108 Stat.
    1600, provided that: "The Secretary shall report every other month
    to the Committee on Public Works and Transportation [now Committee
    on Transportation and Infrastructure] of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate on the status of all active aviation
    bilateral and multilateral negotiations and informal government-to-
    government consultations with United States aviation trade
    partners."

                             WARSAW CONVENTION                         

                           49 STAT. 3000; TS 876                       

        CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO
                    INTERNATIONAL TRANSPORTATION BY AIR
      The President of the German Reich, the Federal President of the
    Republic of Austria, His Majesty the King of the Belgians, the
    President of the United States of Brazil, His Majesty the King of
    the Bulgarians, the President of the Nationalist Government of
    China, His Majesty the King of Denmark and Iceland, His Majesty the
    King of Egypt, His Majesty the King of Spain, the Chief of State of
    the Republic of Estonia, the President of the Republic of Finland,
    the President of the French Republic, His Majesty the King of Great
    Britain, Ireland, and the British Dominions Beyond the Seas,
    Emperor of India, the President of the Hellenic Republic, His Most
    Serene Highness the Regent of the Kingdom of Hungary, His Majesty
    the King of Italy, His Majesty the Emperor of Japan, the President
    of the Republic of Latvia, Her Royal Highness the Grand Duchess of
    Luxemburg, the President of the United Mexican States, His Majesty
    the King of Norway, Her Majesty the Queen of the Netherlands, the
    President of the Republic of Poland, His Majesty the King of
    Rumania, His Majesty the King of Sweden, the Swiss Federal Council,
    the President of the Czechoslovak Republic, the Central Executive
    Committee of the Union of Soviet Socialist Republics, the President
    of the United States of Venezuela, His Majesty the King of
    Yugoslavia:
      Having recognized the advantage of regulating in a uniform manner
    the conditions of international transportation by air in respect of
    the documents used for such transportation and of the liability of
    the carrier,
      Have nominated to this end their respective Plenipotentiaries,
    who being thereto duly authorized, have concluded and signed the
    following convention:

                      CHAPTER I - SCOPE - DEFINITIONS                  

                                 ARTICLE 1                             
      (1) This convention shall apply to all international
    transportation of persons, baggage, or goods performed by aircraft
    for hire. It shall apply equally to gratuitous transportation by
    aircraft performed by an air transportation enterprise.
      (2) For the purpose of this convention the expression
    "international transportation" shall mean any transportation in
    which, according to the contract made by the parties, the place of
    departure and the place of destination, whether or not there be a
    break in the transportation or a transshipment, are situated either
    within the territories of two High Contracting Parties, or within
    the territory of a single High Contracting Party, if there is an
    agreed stopping place within a territory subject to the
    sovereignty, suzerainty, mandate or authority of another power,
    even though that power is not a party to this convention.
    Transportation without such an agreed stopping place between
    territories subject to the sovereignty, suzerainty, mandate, or
    authority of the same High Contracting Party shall not be deemed to
    be international for the purposes of this convention.
      (3) Transportation to be performed by several successive air
    carriers shall be deemed, for the purposes of this convention, to
    be one undivided transportation, if it has been regarded by the
    parties as a single operation, whether it has been agreed upon
    under the form of a single contract or of a series of contracts,
    and it shall not lose its international character merely because
    one contract or series of contracts is to be performed entirely
    within a territory subject to the sovereignty, suzerainty, mandate,
    or authority of the same High Contracting Party.

                                 ARTICLE 2                             
      (1) This convention shall apply to transportation performed by
    the state or by legal entities constituted under public law
    provided it falls within the conditions laid down in article 1.
      (2) This convention shall not apply to transportation performed
    under the terms of any international postal convention.

                   CHAPTER II - TRANSPORTATION DOCUMENTS               

                       SECTION I - PASSENGER TICKET                   

                                 ARTICLE 3                             
      (1) For the transportation of passengers the carrier must deliver
    a passenger ticket which shall contain the following particulars:
      (a) The place and date of issue;
      (b) The place of departure and of destination;
      (c) The agreed stopping places, provided that the carrier may
    reserve the right to alter the stopping places in case of
    necessity, and that if he exercises that right, the alteration
    shall not have the effect of depriving the transportation of its
    international character;
      (d) The name and address of the carrier or carriers;
      (e) A statement that the transportation is subject to the rules
    relating to liability established by this convention.
      (2) The absence, irregularity, or loss of the passenger ticket
    shall not affect the existence or the validity of the contract of
    transportation, which shall none the less be subject to the rules
    of this convention. Nevertheless, if the carrier accepts a
    passenger without a passenger ticket having been delivered he shall
    not be entitled to avail himself of those provisions of this
    convention which exclude or limit his liability.

                        SECTION II - BAGGAGE CHECK                    

                                 ARTICLE 4                             
      (1) For the transportation of baggage, other than small personal
    objects of which the passenger takes charge himself, the carrier
    must deliver a baggage check.
      (2) The baggage check shall be made out in duplicate, one part
    for the passenger and the other part for the carrier.
      (3) The baggage check shall contain the following particulars:
      (a) The place and date of issue;
      (b) The place of departure and of destination;
      (c) The name and address of the carrier or carriers;
      (d) The number of the passenger ticket;
      (e) A statement that delivery of the baggage will be made to the
    bearer of the baggage check;
      (f) The number and weight of the packages;
      (g) The amount of the value declared in accordance with article
    22(2);
      (h) A statement that the transportation is subject to the rules
    relating to liability established by this convention.
      (4) The absence, irregularity, or loss of the baggage check shall
    not affect the existence or the validity of the contract of
    transportation which shall none the less be subject to the rules of
    this convention. Nevertheless, if the carrier accepts baggage
    without a baggage check having been delivered, or if the baggage
    check does not contain the particulars set out at (d), (f), and (h)
    above, the carrier shall not be entitled to avail himself of those
    provisions of the convention which exclude or limit his liability.

                         SECTION III - AIR WAYBILL                     

                                 ARTICLE 5                             
      (1) Every carrier of goods has the right to require the consignor
    to make out and hand over to him a document called an "air
    waybill": every consignor has the right to require the carrier to
    accept this document.
      (2) The absence, irregularity, or loss of this document shall not
    affect the existence or the validity of the contract of
    transportation which shall, subject to the provisions of article 9,
    be none the less governed by the rules of this convention.

                                 ARTICLE 6                             
      (1) The air waybill shall be made out by the consignor in three
    original parts and be handed over with the goods.
      (2) The first part shall be marked "for the carrier", and shall
    be signed by the consignor. The second part shall be marked "for
    the consignee"; it shall be signed by the consignor and by the
    carrier and shall accompany the goods. The third part shall be
    signed by the carrier and handed by him to the consignor after the
    goods have been accepted.
      (3) The carrier shall sign on acceptance of the goods.
      (4) The signature of the carrier may be stamped; that of the
    consignor may be printed or stamped.
      (5) If, at the request of the consignor, the carrier makes out
    the air waybill, he shall be deemed, subject to proof to the
    contrary, to have done so on behalf of the consignor.

                                 ARTICLE 7                             
      The carrier of goods has the right to require the consignor to
    make out separate waybills when there is more than package.

                                 ARTICLE 8                             
      The air waybill shall contain the following particulars:
      (a) The place and date of its execution;
      (b) The place of departure and of destination;
      (c) The agreed stopping places, provided that the carrier may
    reserve the right to alter the stopping places in case of
    necessity, and that if he exercises that right the alteration shall
    not have the effect of depriving the transportation of its
    international character;
      (d) The name and address of the consignor;
      (e) The name and address of the first carrier;
      (f) The name and address of the consignee, if the case so
    requires;
      (g) The nature of the goods;
      (h) The number of packages, the method of packing, and the
    particular marks or numbers upon them;
      (i) The weight, the quantity, the volume, or dimensions of the
    goods;
      (j) The apparent condition of the goods and of the packing;
      (k) The freight, if it has been agreed upon, the date and place
    of payment, and the person who is to pay it;
      (l) If the goods are sent for payment on delivery, the price of
    the goods, and, if the case so requires, the amount of the expenses
    incurred;
      (m) The amount of the value declared in accordance with article
    22(2);
      (n) The number of parts of the air waybill;
      (o) The documents handed to the carrier to accompany the air
    waybill;
      (p) The time fixed for the completion of the transportation and a
    brief note of the route to be followed, of these matters have been
    agreed upon;
      (q) A statement that the transportation is subject to the rules
    relating to liability established by this convention.

                                 ARTICLE 9                             
      If the carrier accepts goods without an air waybill having been
    made out, or if the air waybill does not contain all the
    particulars set out in article 8(a) to (i), inclusive, and (q), the
    carrier shall not be entitled to avail himself of the provisions of
    this convention which exclude or limit his liability.

                                ARTICLE 10                            
      (1) The consignor shall be responsible for the correctness of the
    particulars and statements relating to the goods which he inserts
    in the air waybill.
      (2) The consignor shall be liable for all damages suffered by the
    carrier or any other person by reason of the irregularity,
    incorrectness or incompleteness of the said particulars and
    statements.

                                ARTICLE 11                            
      (1) The air waybill shall be prima facie evidence of the
    conclusion of the contract, of the receipt of the goods and of the
    conditions of transportation.
      (2) The statements in the air waybill relating to the weight,
    dimensions, and packing of the goods, as well as those relating to
    the number of packages, shall be prima facie evidence of the facts
    stated; those relating to the quantity, volume, and condition of
    the goods shall not constitute evidence against the carrier except
    so far as they both have been, and are stated in the air waybill to
    have been, checked by him in the presence of the consignor, or
    relate to the apparent condition of the goods.

                                ARTICLE 12                            
      (1) Subject to his liability to carry out all his obligations
    under the contract of transportation, the consignor shall have the
    right to dispose of the goods by withdrawing them at the airport of
    departure or destination, or by stopping them in the course of the
    journey on any landing, or by calling for them to be delivered at
    the place of destination, or in the course of the journey to a
    person other than the consignee named in the air waybill, or by
    requiring them to be returned to the airport of departure. He must
    not exercise this right of disposition in such a way as to
    prejudice the carrier or other consignors, and he must repay any
    expenses occasioned by the exercise of this right.
      (2) If it is impossible to carry out the orders of the consignor
    the carrier must so inform him forthwith.
      (3) If the carrier obeys the orders of the consignor for the
    disposition of the goods without requiring the production of the
    part of the air waybill delivered to the latter, he will be liable,
    without prejudice to his right of recovery from the consignor, for
    any damage which may be caused thereby to any person who is
    lawfully in possession of that part of the air waybill.
      (4) The right conferred on the consignor shall cease at the
    moment when that of the consignee begins in accordance with article
    13, below. Nevertheless, if the consignee declines to accept the
    waybill or the goods, or if he cannot be communicated with, the
    consignor shall resume his right of disposition.

                                ARTICLE 13                            
      (1) Except in the circumstances set out in the preceding article,
    the consignee shall be entitled, on arrival of the goods at the
    place of destination, to require the carrier to hand over to him
    the air waybill and to deliver the goods to him, on payment of the
    charges due and on complying with the conditions of transportation
    set out in the air waybill.
      (2) Unless it is otherwise agreed, it shall be the duty of the
    carrier to give notice to the consignee as soon as the goods
    arrive.
      (3) If the carrier admits the loss of the goods, or if the goods
    have not arrived at the expiration of seven days after the date on
    which they ought to have arrived, the consignee shall be entitled
    to put into force against the carrier the rights which flow from
    the contract of transportation.

                                ARTICLE 14                            
      The consignor and the consignee can respectively enforce all the
    rights given them by articles 12 and 13, each in his own name,
    whether he is acting in his own interest or in the interest of
    another, provided that he carries out the obligations imposed by
    the contract.

                                ARTICLE 15                            
      (1) Articles 12, 13, and 14 shall not affect either the relations
    of the consignor and the consignee with each other or the relations
    of third parties whose rights are derived either from the consignor
    or from the consignee.
      (2) The provisions of articles 12, 13, and 14 can only be varied
    by express provision in the air waybill.

                                ARTICLE 16                            
      (1) The consignor must furnish such information and attach to the
    air waybill such documents as are necessary to meet the formalities
    of customs, octroi, or police before the goods can be delivered to
    the consignee. The consignor shall be liable to the carrier for any
    damage occasioned by the absence, insufficiency, or irregularity of
    any such information or documents, unless the damage is due to the
    fault of the carrier or his agents.
      (2) The carrier is under no obligation to enquire into the
    correctness or sufficiency of such information or documents.

                  CHAPTER III - LIABILITY OF THE CARRIER              

                                ARTICLE 17                            
      The carrier shall be liable for damage sustained in the event of
    the death or wounding of a passenger or any other bodily injury
    suffered by a passenger, if the accident which caused the damage so
    sustained took place on board the aircraft or in the course of any
    of the operations of embarking or disembarking.

                                ARTICLE 18                            
      (1) The carrier shall be liable for damage sustained in the event
    of the destruction or loss of, or of damage to, any checked baggage
    or any goods, if the occurrence which caused the damage so
    sustained took place during the transportation by air.
      (2) The transportation by air within the meaning of the preceding
    paragraph shall comprise the period during which the baggage or
    goods are in charge of the carrier, whether in an airport or on
    board an aircraft, or in the case of a landing outside an airport,
    in any place whatsoever.
      (3) The period of the transportation by air shall not extend to
    any transportation by land, by sea, or by river performed outside
    an airport. If, however, such transportation takes place in the
    performance of a contract for transportation by air, for the
    purpose of loading, delivery or transshipment, any damage is
    presumed, subject to proof to the contrary, to have been the result
    of an event which took place during the transportation by air.

                                ARTICLE 19                            
      The carrier shall be liable for damage occasioned by delay in the
    transportation by air of passengers, baggage, or goods.

                                ARTICLE 20                            
      (1) The carrier shall not be liable if he proves that he and his
    agents have taken all necessary measures to avoid the damage or
    that it was impossible for him or them to take such measures.
      (2) In the transportation of goods and baggage the carrier shall
    not be liable if he proves that the damage was occasioned by an
    error in piloting, in the handling of the aircraft, or in
    navigation and that, in all other respects, he and his agents have
    taken all necessary measures to avoid the damage.

                                ARTICLE 21                            
      If the carrier proves that the damage was caused by or
    contributed to by the negligence of the injured person the court
    may, in accordance with the provisions of its own law, exonerate
    the carrier wholly or partly from his liability.

                                ARTICLE 22                            
      (1) In the transportation of passengers the liability of the
    carrier for each passenger shall be limited to the sum of 125,000
    francs. Where, in accordance with the law of the court to which the
    case is submitted, damages may be awarded in the form of periodical
    payments, the equivalent capital value of the said payments shall
    not exceed 125,000 francs. Nevertheless, by special contract, the
    carrier and the passenger may agree to a higher limit of liability.
      (2) In the transportation of checked baggage and of goods, the
    liability of the carrier shall be limited to a sum of 250 francs
    per kilogram, unless the consignor has made, at the time when the
    package was handed over to the carrier, a special declaration of
    the value at delivery and has paid a supplementary sum if the case
    so requires. In that case the carrier will be liable to pay a sum
    not exceeding the declared sum, unless he proves that that sum is
    greater than the actual value to the consignor at delivery.
      (3) As regards objects of which the passenger takes charge
    himself the liability of the carrier shall be limited to 5,000
    francs per passenger.
      (4) The sums mentioned above shall be deemed to refer to the
    French franc consisting of 65 1/2  milligrams of gold at the
    standard of fineness of nine hundred thousandths. These sums may be
    converted into any national currency in round figures.

                                ARTICLE 23                            
      Any provision tending to relieve the carrier of liability or to
    fix a lower limit than that which is laid down in this convention
    shall be null and void, but the nullity of any such provision shall
    not involve the nullity of the whole contract, which shall remain
    subject to the provisions of this convention.

                                ARTICLE 24                            
      (1) In the cases covered by articles 18 and 19 any action for
    damages, however founded, can only be brought subject to the
    conditions and limits set out in this convention.
      (2) In the cases covered by article 17 the provisions of the
    preceding paragraph shall also apply, without prejudice to the
    questions as to who are the persons who have the right to bring
    suit and what are their respective rights.

                                ARTICLE 25                            
      (1) The carrier shall not be entitled to avail himself of the
    provisions of this convention which exclude or limit his liability,
    if the damage is caused by his willful misconduct or by such
    default on his part as, in accordance with the law of the court to
    which the case is submitted, is considered to be equivalent to
    wilful misconduct.
      (2) Similarly the carrier shall not be entitled to avail himself
    of the said provisions, if the damage is caused under the same
    circumstances by any agent of the carrier acting within the scope
    of his employment.

                                ARTICLE 26                            
      (1) Receipt by the person entitled to the delivery of baggage or
    goods without complaint shall be prima facie evidence that the same
    have been delivered in good condition and in accordance with the
    document of transportation.
      (2) In case of damage, the person entitled to delivery must
    complain to the carrier forthwith after the discovery of the
    damage, and, at the latest, within 3 days from the date of receipt
    in the case of baggage and 7 days from the date of receipt in the
    case of goods. In case of delay the complaint must be made at the
    latest within 14 days from the date on which the baggage or goods
    have been placed at his disposal.
      (3) Every complaint must be made in writing upon the document of
    transportation or by separate notice in writing dispatched within
    the times aforesaid.
      (4) Failing complaint within the times aforesaid, no action shall
    lie against the carrier, save in the case of fraud on his part.

                                ARTICLE 27                            
      In the case of the death of the person liable, an action for
    damages lies in accordance with the terms of this convention
    against those legally representing his estate.

                                ARTICLE 28                            
      (1) An action for damages must be brought, at the option of the
    plaintiff, in the territory of one of the High Contracting Parties,
    either before the court of the domicile of the carrier or of his
    principal place of business, or where he has a place of business
    through which the contract has been made, or before the court at
    the place of destination.
      (2) Questions of procedure shall be governed by the law of the
    court to which the case in submitted.

                                ARTICLE 29                            
      (1) The right to damages shall be extinguished if an action is
    not brought within 2 years, reckoned from the date of arrival at
    the destination, or from the date on which the aircraft ought to
    have arrived, or from the date on which the transportation stopped.
      (2) The method of calculating the period of limitation shall be
    determined by the law of the court to which the case is submitted.

                                ARTICLE 30                            
      (1) In the case of transportation to be performed by various
    successive carriers and falling within the definition set out in
    the third paragraph of article 1, each carrier who accepts
    passengers, baggage or goods shall be subject to the rules set out
    in this convention, and shall be deemed to be one of the
    contracting parties to the contract of transportation insofar as
    the contract deals with that part of the transportation which is
    performed under his supervision.
      (2) In the case of transportation of this nature, the passenger
    or his representative can take action only against the carrier who
    performed the transportation during which the accident or the delay
    occurred, save in the case where, by express agreement, the first
    carrier has assumed liability for the whole journey.
      (3) As regards baggage or goods, the passenger or consignor shall
    have a right of action against the first carrier, and the passenger
    or consignee who is entitled to delivery shall have a right of
    action against the last carrier, and further, each may take action
    against the carrier who performed the transportation during which
    the destruction, loss, damage, or delay took place. These carriers
    shall be jointly and severally liable to the passenger or to the
    consignor or consignee.

        CHAPTER IV - PROVISIONS RELATING TO COMBINED TRANSPORTATION    

                                ARTICLE 31                            
      (1) In the case of combined transportation performed partly by
    air and partly by any other mode of transportation, the provisions
    of this convention shall apply only to the transportation by air,
    provided that the transportation by air falls within the terms of
    article 1.
      (2) Nothing in this convention shall prevent the parties in the
    case of combined transportation from inserting in the document of
    air transportation conditions relating to other modes of
    transportation, provided that the provisions of this convention are
    observed as regards the transportation by air.

                 CHAPTER V - GENERAL AND FINAL PROVISIONS             

                                ARTICLE 32                            
      Any clause contained in the contract and all special agreements
    entered into before the damage occurred by which the parties
    purport to infringe the rules laid down by this convention, whether
    by deciding the law to be applied, or by altering the rules as to
    jurisdiction, shall be null and void. Nevertheless for the
    transportation of goods arbitration clauses shall be allowed,
    subject to this convention, if the arbitration is to take place
    within one of the jurisdictions referred to in the first paragraph
    of article 28.

                                ARTICLE 33                            
      Nothing contained in this convention shall prevent the carrier
    either from refusing to enter into any contract of transportation
    or from making regulations which do not conflict with the
    provisions of this convention.

                                ARTICLE 34                            
      This convention shall not apply to international transportation
    by air performed by way of experimental trial by air navigation
    enterprises with the view to the establishment of regular lines of
    air navigation, nor shall it apply to transportation performed in
    extraordinary circumstances outside the normal scope of an air
    carrier's business.

                                ARTICLE 35                            
      The expression "days" when used in this convention means current
    days, not working days.

                                ARTICLE 36                            
      This convention is drawn up in French in a single copy which
    shall remain deposited in the archives of the Ministry for Foreign
    Affairs of Poland and of which one duly certified copy shall be
    sent by the Polish Government to the Government of each of the High
    Contracting Parties.

                                ARTICLE 37                            
      (1) This convention shall be ratified. The instruments of
    ratification shall be deposited in the archives of the Ministry for
    Foreign Affairs of Poland, which shall give notice of the deposit
    to the Government of each of the High Contracting Parties.
      (2) As soon as this convention shall have been ratified by five
    of the High Contracting Parties it shall come into force as between
    them on the nineteenth day after the deposit of the fifth
    ratification. Thereafter it shall come into force between the High
    Contracting Parties which shall have ratified and the High
    Contracting Party which deposits its instrument of ratification on
    the ninetieth day after the deposit.
      (3) It shall be the duty of the Government of the Republic of
    Poland to notify the Government of each of the High Contracting
    Parties of the date on which this convention comes into force as
    well as the date of the deposit of each ratification.

                                ARTICLE 38                            
      (1) This convention shall, after it has come into force, remain
    open for adherence by any state.
      (2) The adherence shall be effected by a notification addressed
    to the Government of the Republic of Poland, which shall inform the
    Government of each of the High Contracting Parties thereof.
      (3) The adherence shall take effect as from the ninetieth day
    after the notification made to the Government of the Republic of
    Poland.

                                ARTICLE 39                            
      (1) Any one of the High Contracting Parties may denounce this
    convention by a notification addressed to the Government of the
    Republic of Poland, which shall at once inform the Government of
    each of the High Contracting Parties.
      (2) Denunciation shall take effect six months after the
    notification of denunciation, and shall operate only as regards the
    party which shall have proceeded to denunciation.

                                ARTICLE 40                            
      (1) Any High Contracting Party may, at the time of signature or
    of deposit of ratification or of adherence, declare that the
    acceptance which it gives to this convention does not apply to all
    or any of its colonies, protectorates, territories under mandate,
    or any other territory subject to its sovereignty or its authority,
    or any other territory under its suzerainty.
      (2) Accordingly any High Contracting Party may subsequently
    adhere separately in the name of all or any of its colonies,
    protectorates, territories under mandate, or any other territory
    subject to its sovereignty or to its authority or any other
    territory under its suzerainty which have been thus excluded by its
    original declaration.
      (3) Any High Contracting Party may denounce this convention, in
    accordance with its provisions, separately or for all or any of its
    colonies, protectorates, territories under mandate, or any other
    territory subject to its sovereignty or to its authority, or any
    other territory under its suzerainty.

                                ARTICLE 41                            
      Any High Contracting Party shall be entitled not earlier than two
    years after the coming into force of this convention to call for
    the assembling of a new international conference in order to
    consider any improvements which may be made in this convention. To
    this end it will communicate with the Government of the French
    Republic which will take the necessary measures to make
    preparations for such conference.
      This convention, done at Warsaw on October 12, 1929, shall remain
    open for signature until January 31, 1930.

     ORDER OF CIVIL AERONAUTICS BOARD APPROVING INCREASES IN LIABILITY
            LIMITATIONS OF WARSAW CONVENTION AND HAGUE PROTOCOL
      Adopted by the Civil Aeronautics Board at its office in
    Washington, D.C., on the 13th day of May 1966.
      The Convention for the Unification of Certain Rules Relating to
    International Transportation by Air, generally known as the Warsaw
    Convention, creates a uniform body of law with respect to the
    rights and responsibilities of passengers, shippers, and air
    carriers in international air transportation. The United States
    became a party to the Convention in 1934, and eventually over 90
    countries likewise became parties to the Convention.(!1) On
    November 15, 1965, the U.S. Government gave notice of denunciation
    of the Convention, emphasizing that such action was solely because
    of the Convention's low limits of liability for personal injury or
    death to passengers. Pursuant to Article 39 of the Convention this
    notice would become effective upon 6 months' notice, in this case,
    May 15, 1966. Subsequently, the International Air Transport
    Association (IATA) made efforts to effect an arrangement among air
    carriers, foreign air carriers, and other carriers (including
    carriers not members of IATA) providing the major portions of
    international air carriage to and from the United States to
    increase the limitations of liability now applicable to claims for
    personal injury and death under the Convention and the Protocol.
    The purpose of such action is to provide a basis upon which the
    United States could withdrawn its notice of denunciation.

      The arrangement proposed has been embodied in an agreement
    (Agreement CAB 18900) between various air carriers, foreign air
    carriers, and other carriers which has been filed with the Board
    pursuant to section 412(a) of the Federal Aviation Act of 1958 and
    Part 261 of the Board's economic regulations and assigned the
    abovedesignated CAB number.
      By this agreement, the parties thereto bind themselves to include
    in their tariffs, effective May 16, 1966, a special contract in
    accordance with Article 22(1) of the Convention or the Protocol
    providing for a limit of liability for each passenger for death,
    wounding, or other bodily injury of $75,000 inclusive of legal
    fees, and, in case of a claim brought in a State where provision is
    made for separate award of legal fees and costs, a limit of $58,000
    exclusive of legal fees and costs. These limitations shall be
    applicable to international transportation by the carrier as
    defined in the Convention or Protocol which includes a point in the
    United States as a point of origin, point of destination, or agreed
    stopping place. The parties further agree to provide in their
    tariffs that the Carrier shall not, with respect to any claim
    arising out of the death, wounding, or other bodily injury of a
    passenger, avail itself of any defense under Article 20(1) of the
    Convention or the Convention as amended by the Protocol. The tariff
    provisions would stipulate, however, that nothing therein shall be
    deemed to affect the rights and liabilities of the Carrier with
    regard to any claim brought by, on behalf of, or in respect of any
    person who has willfully caused damage which results in death,
    wounding, or other bodily injury of a passenger.
      The carriers by the agreement further stipulate that they will,
    at time of delivery of the tickets, furnish to each passenger
    governed by the Convention or the Protocol and by the special
    contract described above, a notice in 10 point type advising
    international passengers of the limitations of liability
    established by the Convention or the Protocol, or the higher
    liability agreed to by the special contracts pursuant to the
    Convention or Protocol as described above. The agreement is to
    become effective upon arrival by this Board, and any carrier may
    become a party to it by signing a counterpart thereof and
    depositing it with the Board. Withdrawal from the agreement may be
    effected by giving 12 months' written notice to the Board and the
    other Carrier parties thereto.
      As indicated, the decision of the U.S. Government to serve notice
    to denounce the Convention was predicated upon the low liability
    limits therein for personal injury and death. The Government
    announced, however, that it would be prepared to withdraw the
    Notice of Denunciation if, prior to its effective date, there is a
    reasonable prospect for international agreement on limits of
    liability for international transportation in the area of $100,000
    per passenger or on uniform rules without any limit of liability,
    and if pending such international agreement there is a provisional
    arrangement among the principal international air carriers
    providing for liability up to $75,000 per passenger.
      Steps, have been taken by the signing carriers to have tariffs
    become effective May 16, 1966, upon approval of this agreement,
    which will increase by special contract their liability for
    personal injury or death as described herein. The signatory
    carriers provide by far the greater portion of international
    transportation to, from, and within the United States. The
    agreement will result in a salutory [sic] increase in the
    protection given to passengers from the increased liability amounts
    and the waiver of defenses under Article 20(1) of the Convention or
    Protocol. The U.S. Government has concluded that such arrangements
    warrant withdrawal of the Notice of Denunciation of the Warsaw
    Convention. Implementation of the agreement will permit continued
    adherence to the Convention with the benefits to be derived
    therefrom, but without the imposition of the low liability limits
    therein contained upon most international travel involving travel
    to or from the United States. The stipulation that no tariff
    provision shall be deemed to affect the rights and liabilities of
    the carrier with regard to any claim brought by, on behalf of, or
    in respect of any person who has willfully caused damage which
    results in death, wounding or other bodily injury of a passenger
    operates to diminish any incentive for sabotage.
      Upon consideration of the agreement, and of matters relating
    thereto of which the Board takes notice, the Board does not find
    that the agreement is adverse to the public interest or in
    violation of the Act and it will be approved.
      Accordingly, pursuant to the provisions of the Federal Aviation
    Act of 1958, and particularly sections 102, 204(a), and 412
    thereof:
      It is ordered, That: 1. Agreement CAB 18900 is approved.

-FOOTNOTE-
    (!1) The Convention was amended by the Protocol signed at Hague in
         1955 which has never been ratified by the United States. The
         Convention (subject to certain provisions) limits carriers'
         liability for death or injury to passengers in international
         transportation to 125,000 gold francs, or approximately
         $8,300. The Protocol, subject to certain provisions, provides
         for liability limitations of approximately $16,600.


-End-



-CITE-
    49 USC Sec. 40106                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40106. Emergency powers

-STATUTE-
      (a) Deviations From Regulations. - Appropriate military authority
    may authorize aircraft of the armed forces of the United States to
    deviate from air traffic regulations prescribed under section
    40103(b)(1) and (2) of this title when the authority decides the
    deviation is essential to the national defense because of a
    military emergency or urgent military necessity. The authority
    shall - 
        (1) give the Administrator of the Federal Aviation
      Administration prior notice of the deviation at the earliest
      practicable time; and
        (2) to the extent time and circumstances allow, make every
      reasonable effort to consult with the Administrator and arrange
      for the deviation in advance on a mutually agreeable basis.

      (b) Suspension of Authority. - (1) When the President decides
    that the government of a foreign country is acting inconsistently
    with the Convention for the Suppression of Unlawful Seizure of
    Aircraft or that the government of a foreign country allows
    territory under its jurisdiction to be used as a base of operations
    or training of, or as a sanctuary for, or arms, aids, or abets, a
    terrorist organization that knowingly uses the unlawful seizure, or
    the threat of an unlawful seizure, of an aircraft as an instrument
    of policy, the President may suspend the authority of - 
        (A) an air carrier or foreign air carrier to provide foreign
      air transportation to and from that foreign country;
        (B) a person to operate aircraft in foreign air commerce to and
      from that foreign country;
        (C) a foreign air carrier to provide foreign air transportation
      between the United States and another country that maintains air
      service with the foreign country; and
        (D) a foreign person to operate aircraft in foreign air
      commerce between the United States and another country that
      maintains air service with the foreign country.

      (2) The President may act under this subsection without notice or
    a hearing. The suspension remains in effect for as long as the
    President decides is necessary to ensure the security of aircraft
    against unlawful seizure. Notwithstanding section 40105(b) of this
    title, the authority of the President to suspend rights under this
    subsection is a condition to a certificate of public convenience
    and necessity, air carrier operating certificate, foreign air
    carrier or foreign aircraft permit, or foreign air carrier
    operating specification issued by the Secretary of Transportation
    under this part.
      (3) An air carrier or foreign air carrier may not provide foreign
    air transportation, and a person may not operate aircraft in
    foreign air commerce, in violation of a suspension of authority
    under this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1103.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40106(a)       49 App.:1348(f).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 307(f), 72     
                                            Stat. 750.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40106(b)       49 App.:1514.           Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1114; added Aug. 5, 1974,   
                                            Pub. L. 93-366, Sec. 106, 88
                                            Stat. 413.                  
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "armed forces"
    are substituted for "national defense forces" because of 10:101.
    The words "section 40103(b)(1) and (2) of this title" are
    substituted for "this subchapter" as being more precise. In clauses
    (1) and (2), the word "Administrator" in section 307(f) of the
    Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 750) is
    retained on authority of 49:106(g). In clause (2), the words
    "fully" and "required" are omitted as surplus.
      In subsection (b)(1), the words "government of a foreign country"
    are substituted for "foreign nation" for consistency in the revised
    title and with other titles of the Code. Before clause (A), the
    words "in a manner" and "in any way" are omitted as surplus. The
    word "authority" is substituted for "right" as being more precise
    and for consistency in the revised title.
      In subsection (b)(2), the words "deemed to be" are omitted
    because a legal conclusion is being stated.
      In subsection (b)(3), the words "by the President" are omitted as
    surplus.

                              AIRCRAFT PIRACY                          
      The United States is a party to the Convention for the
    Suppression of Unlawful Seizure of Aircraft, signed at The Hague,
    Dec. 16, 1970, entered into force as to the United States, Oct. 14,
    1971, 22 UST 1641.

-End-



-CITE-
    49 USC Sec. 40107                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40107. Presidential transfers

-STATUTE-
      (a) General Authority. - The President may transfer to the
    Administrator of the Federal Aviation Administration a duty, power,
    activity, or facility of a department, agency, or instrumentality
    of the executive branch of the United States Government, or an
    officer or unit of a department, agency, or instrumentality of the
    executive branch, related primarily to selecting, developing,
    testing, evaluating, establishing, operating, or maintaining a
    system, procedure, facility, or device for safe and efficient air
    navigation and air traffic control. In making a transfer, the
    President may transfer records and property and make officers and
    employees from the department, agency, instrumentality, or unit
    available to the Administrator.
      (b) During War. - If war occurs, the President by executive order
    may transfer to the Secretary of Defense a duty, power, activity,
    or facility of the Administrator. In making the transfer, the
    President may transfer records, property, officers, and employees
    of the Administration to the Department of Defense.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40107(a)       49 App.:1345.           Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 302(e), 304,  
                                            72 Stat. 746, 749.          
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40107(b)       49 App.:1343(c).                                     
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In this section, the words "functions (including . . . parts of
    functions)" are omitted as included in "duty, power, activity, or
    facility".
      In subsection (a), the words "of a department, agency, or
    instrumentality of the executive branch of the United States
    Government" are substituted for "the executive departments or
    agencies of the Government" for consistency in the revised title
    and with other titles of the United States Code. The word "unit" is
    substituted for "organizational entity" for clarity. The words
    "appropriate" and "civilian and military" are omitted as surplus.
    The words "officers and employees" are substituted for "personnel"
    for consistency in the revised title and with other titles of the
    Code. The words "to the Administrator" are added for clarity.
      In subsection (b), the text of 49 App.:1343(c) (words before
    proviso) is omitted as obsolete. The words "Secretary of Defense"
    are substituted for "Department of Defense" because of 10:133(a).
    The words "prior to enactment of such proposed legislation" are
    omitted as obsolete because the legislation was not enacted. The
    word "appropriate" is omitted as surplus. The words "of the
    Administration to the Department of Defense" are added for clarity.


-EXEC-
         EX. ORD. NO. 10786. TRANSFER OF FUNCTIONS OF THE AIRWAYS
                 MODERNIZATION BOARD TO THE ADMINISTRATOR
      Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
      Section 1. All functions (including powers, duties, activities,
    and parts of functions) of the Airways Modernization Board,
    including those of the Chairman thereof, are hereby transferred to
    the Administrator of the Federal Aviation Agency; and all records,
    property, facilities, employees, and unexpended balances of
    appropriations, allocations, and other funds of the Airways
    Modernization Board, are hereby transferred to the Federal Aviation
    Agency [now Federal Aviation Administration].
      Sec. 2. Such further measures and dispositions, if any, as the
    Director of the Bureau of the Budget [now the Office of Management
    and Budget] shall determine to be necessary in connection with the
    transfers provided for hereinabove in respect of records, property,
    facilities, employees, and balances shall be carried out in such
    manner as he shall direct and by such agencies as he shall
    designate.
      Sec. 3. The provisions of this order shall become effective
    concurrently with the entering upon office as Administrator of the
    Federal Aviation Agency [now Federal Aviation Administration] of
    the first person appointed as Administrator. The functions
    transferred by section 1 hereof may be performed by the
    Administrator until the effective date of the repeal [Aug. 23,
    1958] of the Airways Modernization Act of 1957 [former 49 U.S.C.
    1211 et seq.] effected by section 1401(d) of the Federal Aviation
    Act of 1958 [Pub. L. 85-726].
                                                   Dwight D. Eisenhower.

    EX. ORD. NO. 10797. DELEGATION OF AUTHORITY TO THE DIRECTOR OF THE
                      OFFICE OF MANAGEMENT AND BUDGET
      Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
      Section 1. There is hereby delegated to the Director of the
    Bureau of the Budget [now the Office of Management and Budget] all
    authority vested in the President by the last sentence of section
    304 [see 49 U.S.C. 40107(a)], and by sections 1502(a) and 1502(b),
    of the Federal Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L. 85-
    726, former 49 U.S.C. 1341 note], relating, respectively, (1) to
    providing in connection with transfers of functions made under
    other provisions of section 304, (i) for appropriate transfers of
    records and property, and (ii) for necessary civilian and military
    personnel to be made available from any office, department, or
    other agency from which transfers of functions are so made; (2) to
    determining the employees and property (including office equipment
    and official equipment and official records) employed by the Civil
    Aeronautics Board in the exercise and performance of those powers
    and duties which are vested in and imposed upon it by the Civil
    Aeronautics Act of 1938, as amended [former 49 U.S.C. 401 et seq.],
    and which are vested by the Federal Aviation Act of 1958 [see 49
    U.S.C. 40101 et seq.] in the Federal Aviation Agency, and to
    specifying the date or dates upon which the transfers of officers,
    employees, and property (including office equipment and official
    records) under section 1502(a) shall occur; and (3) specifying the
    date or dates upon which transfers of unexpended balances of
    appropriations under section 1502(b) shall occur. Such further
    measures and dispositions as the Director of the Bureau of the
    Budget [now the Office of Management and Budget] shall determine to
    be necessary in connection with the exercise of the authority
    delegated to him by this section shall be carried out in such
    manner as he shall direct and by such agencies as he shall
    designate.
      Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating
    to the Director of the Bureau of the Budget [now the Office of
    Management and Budget] the authority vested in the President by a
    certain provision of the Airways Modernization Act of 1957 [former
    49 U.S.C. 1211 et seq.], is hereby revoked, such revocation to
    become effective on the date the repeal of that act takes effect
    under sections 1401(d) [repealing former 49 U.S.C. 1211-1215] and
    1505(2) [former 49 U.S.C. 1301 note] of the Federal Aviation Act of
    1958 (72 Stat. 806, 811).
      Sec. 3. Except as otherwise provided in section 2 hereof, the
    provisions of this order shall become effective immediately.
                                                   Dwight D. Eisenhower.

    EX. ORD. NO. 11047. DELEGATION OF AUTHORITY TO SECRETARY OF DEFENSE
                             AND ADMINISTRATOR
      Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by
    Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
      By the virtue of the authority vested in me by section 301 of
    title 3 of the United States Code, and as President of the United
    States, it is ordered as follows:
      Section 1. The Secretary of Defense and the Administrator of the
    Federal Aviation Administration are hereby designated and empowered
    to exercise jointly, without the approval, ratification, or other
    action of the President, the authority vested in the President by
    the first sentence of section 304 of the Federal Aviation Act of
    1958 (72 Stat. 749; 49 U.S.C. 1345 (first sentence)) [see 49 U.S.C.
    40107(a)] to transfer functions (including, as used in this order,
    powers, duties, activities, facilities, and parts of functions) as
    described in that sentence to the extent that the said authority is
    in respect of transfers from the Department of Defense or any
    officer or organizational entity thereof to the Administrator of
    the Federal Aviation Administration of functions relating to flight
    inspection of air navigation facilities.
      Sec. 2. The Administrator and the Secretary shall exercise the
    authority hereinabove delegated to them only as they shall deem
    such exercise to be necessary or desirable in the interest of
    promoting, in respect of either civil or military aviation or both,
    safe and efficient air navigation and air traffic control.
      Sec. 3. (a) To the extent necessitated by transfers of functions
    effected under the provisions of Section 1 of this order:
      (1) Transfers of balances of appropriations available and
    necessary to finance and discharge the transferred functions shall
    be made under the authority of Section 202(b) of the Budget and
    Accounting Procedures Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C.
    1531]) as affected by the provisions of section 1(k) of Executive
    Order No. 10530 of May 10, 1954 [set out as a note under section
    301 of Title 3, The President].
      (2) Provisions for appropriate transfers of records and property
    shall be made under the authority of the last sentence of Section
    304 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(a)] as
    affected by the provisions of Section 1 of Executive Order No.
    10797 of December 24, 1958 [set out above].
      (b) Neither this order nor the said Executive Order No. 10797
    shall be deemed to require or authorize the transfer of any
    civilian or military personnel from the Department of Defense to
    the Federal Aviation Administration, under authority of the said
    Section 304 [see 49 U.S.C. 40107(a)], in connection with transfers
    of functions effected under the provisions of Section 1 of this
    order.
      Sec. 4. (a) In order to facilitate the orderly and timely
    accomplishment of the transfers and other arrangements mentioned in
    Section 3(a) of this order, the Secretary of Defense and the
    Administrator of the Federal Aviation Administration shall transmit
    to the Director of the Office of Management and Budget, not less
    than 30 days prior to the execution by them of any order or other
    transfer instrument in pursuance of the provisions of Section 1 of
    this order, all appropriate information in respect to any transfers
    or other arrangements proposed to be made in connection therewith
    under the provisions of Section 3 hereof, together with copy of the
    order or other transfer instrument proposed to be executed by them.
      (b) In connection with any particular action or actions under
    Section 1 of this order, the Director of the Office of Management
    and Budget may either waive the requirements of Section 4(a),
    above, or reduce the 30 day period there prescribed.

    EX. ORD. NO. 11161. TRANSFER OF FEDERAL AVIATION AGENCY TO DEFENSE
                        DEPARTMENT IN EVENT OF WAR
      Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended
    by Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided:
      WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [see
    49 U.S.C. 40107(b)] provides, in part, that in the event of war the
    President by Executive order may transfer to the Department of
    Defense any functions (including powers, duties, activities,
    facilities, and parts of functions) of the Federal Aviation
    Administration; and
      WHEREAS it appears that the defense of the United States would
    require the transfer of the Federal Aviation Administration to the
    Department of Defense in the event of war; and
      WHEREAS if any such transfer were to be made it would be
    essential to the defense of the United States that the transition
    be accomplished promptly and with maximum ease and effectiveness;
    and
      WHEREAS these objectives require that the relationships that
    would obtain in the event of such a transfer as between the Federal
    Aviation Administration and the Department of Defense be understood
    in advance by the two agencies concerned and be developed in
    necessary detail by them in advance of transfer:
      NOW, THEREFORE, by virtue of the authority vested in me by
    Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c)) [see 49 U.S.C.
    40107(b)], and as President of the United States and Commander in
    Chief of the Armed Forces of the United States, it is hereby
    ordered as follows:
      Section 1. The Secretary of Defense and the Secretary of
    Transportation are hereby directed to prepare and develop plans,
    procedures, policies, programs, and courses of action in
    anticipation of the probable transfer of the Federal Aviation
    Administration to the Department of Defense in the event of war.
    Those plans, policies, procedures, programs, and courses of action
    shall be prepared and developed in conformity with the following-
    described standards and conditions - 
      (A) The Federal Aviation Administration will function as an
    adjunct of the Department of Defense with the Federal Aviation
    Administrator being responsible directly to the Secretary of
    Defense and subject to his authority, direction, and control to the
    extent deemed by the Secretary to be necessary for the discharge of
    his responsibilities as Secretary of Defense.
      (B) To the extent deemed by the Secretary of Defense to be
    necessary for the accomplishment of the military mission, he will
    be empowered to direct the Administrator to place operational
    elements of the Federal Aviation Administration under the direct
    operational control of appropriate military commanders.
      (C) While functioning as an adjunct of the Department of Defense,
    the Federal Aviation Administration will remain organizationally
    intact and the Administrator thereof will retain responsibility for
    administration of his statutory functions, subject to the
    authority, direction, and control of the Secretary of Defense to
    the extent deemed by the Secretary to be necessary for the
    discharge of his responsibilities as Secretary of Defense.
      Sec. 2. In furtherance of the objectives of the foregoing
    provisions of this order, the Secretary of Defense and the
    Secretary of Transportation shall, to the extent permitted by law,
    make such arrangements and take such actions as they deem necessary
    to assure - 
      (A) That the functions of the Federal Aviation Administration are
    performed during any period of national emergency short of war in a
    manner that will assure that essential national defense
    requirements will be satisfied during any such period of national
    emergency.
      (B) Consistent with the provisions of paragraphs (A), (B), and
    (C) of Section 1 of this order, that any transfer of the Federal
    Aviation Administration to the Department of Defense, in the event
    of war, will be accomplished smoothly and rapidly and effective
    operation of the agencies and functions affected by the transfer
    will be achieved after the transfer.
                                                      Lyndon B. Johnson.

-End-



-CITE-
    49 USC Sec. 40108                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40108. Training schools

-STATUTE-
      (a) Authority To Operate. - The Administrator of the Federal
    Aviation Administration may operate schools to train officers and
    employees of the Administration to carry out duties, powers, and
    activities of the Administrator.
      (b) Attendance. - The Administrator may authorize officers and
    employees of other departments, agencies, or instrumentalities of
    the United States Government, officers and employees of governments
    of foreign countries, and individuals from the aeronautics industry
    to attend those schools. However, if the attendance of any of those
    officers, employees, or individuals increases the cost of operating
    the schools, the Administrator may require the payment or transfer
    of amounts or other consideration to offset the additional cost.
    The amount received may be credited to the appropriation current
    when the expenditures are or were paid, the appropriation current
    when the amount is received, or both.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40108(a)       49 App.:1354(d)         Aug. 23, 1958, Pub. L.       
                    (1st sentence).         85-726, Sec. 313(d), 72     
                                            Stat. 753.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40108(b)       49 App.:1354(d)                                      
                    (2d-last sentences).                                 
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 313(d) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753)
    is retained on authority of 49:106(g). The words "school or" are
    omitted because of 1:1.
      In subsection (a), the words "officers and" are added for clarity
    and consistency in the revised title and with other titles of the
    United States Code. The words "to carry out duties, powers, and
    activities of the Administrator" are substituted for "in those
    subjects necessary for the proper performance of all authorized
    functions of the Administration" for clarity and consistency in the
    revised title.
      In subsection (b), the words "officers and employees" are
    substituted for "personnel", the words "departments, agencies, or
    instrumentalities of the United States Government" are substituted
    for "governmental", and the words "governments of foreign
    countries" are substituted for "foreign governments", for
    consistency in the revised title and with other titles of the Code.
    The words "courses given in", "sufficient", and "appropriate" are
    omitted as surplus. The text of 49 App.:1354(d) (3d sentence) is
    omitted as unnecessary because chapter 41 of title 5, United States
    Code, applies to all training of employees. The words "or both" are
    substituted for "(3) in part as provided under clause (1) and in
    part as provided under clause (2)" to eliminate unnecessary words.

-End-



-CITE-
    49 USC Sec. 40109                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40109. Authority to exempt

-STATUTE-
      (a) Air Carriers and Foreign Air Carriers Not Engaged Directly in
    Operating Aircraft. - (1) The Secretary of Transportation may
    exempt from subpart II of this part - 
        (A) an air carrier not engaged directly in operating aircraft
      in air transportation; or
        (B) a foreign air carrier not engaged directly in operating
      aircraft in foreign air transportation.

      (2) The exemption is effective to the extent and for periods that
    the Secretary decides are in the public interest.
      (b) Safety Regulation. - The Administrator of the Federal
    Aviation Administration may grant an exemption from a regulation
    prescribed in carrying out sections 40103(b)(1) and (2), 40119,
    44901, 44903, 44906, and 44935-44937 of this title when the
    Administrator decides the exemption is in the public interest.
      (c) Other Economic Regulation. - Except as provided in this
    section, the Secretary may exempt to the extent the Secretary
    considers necessary a person or class of persons from a provision
    of chapter 411, chapter 413 (except sections 41307 and 41310(b)-
    (f)), chapter 415 (except sections 41502, 41505, and 41507-41509),
    chapter 417 (except sections 41703, 41704, 41710, 41713, and
    41714), chapter 419, subchapter II of chapter 421, and sections
    44909 and 46301(b) of this title, or a regulation or term
    prescribed under any of those provisions, when the Secretary
    decides that the exemption is consistent with the public interest.
      (d) Labor Requirements. - The Secretary may not exempt an air
    carrier from section 42112 of this title. However, the Secretary
    may exempt from section 42112(b)(1) and (2) an air carrier not
    providing scheduled air transportation, and the operations
    conducted during daylight hours by an air carrier providing
    scheduled air transportation, when the Secretary decides that - 
        (1) because of the limited extent of, or unusual circumstances
      affecting, the operation of the air carrier, the enforcement of
      section 42112(b)(1) and (2) of this title is or would be an
      unreasonable burden on the air carrier that would obstruct its
      development and prevent it from beginning or continuing
      operations; and
        (2) the exemption would not affect adversely the public
      interest.

      (e) Maximum Flying Hours. - The Secretary may not exempt an air
    carrier under this section from a provision referred to in
    subsection (c) of this section, or a regulation or term prescribed
    under any of those provisions, that sets maximum flying hours for
    pilots or copilots.
      (f) Smaller Aircraft. - (1) An air carrier is exempt from section
    41101(a)(1) of this title, and the Secretary may exempt an air
    carrier from another provision of subpart II of this part, if the
    air carrier - 
        (A)(i) provides passenger transportation only with aircraft
      having a maximum capacity of 55 passengers; or
        (ii) provides the transportation of cargo only with aircraft
      having a maximum payload of less than 18,000 pounds; and
        (B) complies with liability insurance requirements and other
      regulations the Secretary prescribes.

      (2) The Secretary may increase the passenger or payload
    capacities when the public interest requires.
      (3)(A) An exemption under this subsection applies to an air
    carrier providing air transportation between 2 places in Alaska, or
    between Alaska and Canada, only if the carrier is authorized by
    Alaska to provide the transportation.
      (B) The Secretary may limit the number or location of places that
    may be served by an air carrier providing transportation only in
    Alaska under an exemption from section 41101(a)(1) of this title,
    or the frequency with which the transportation may be provided,
    only when the Secretary decides that providing the transportation
    substantially impairs the ability of an air carrier holding a
    certificate issued by the Secretary to provide its authorized
    transportation, including the minimum transportation requirement
    for Alaska specified under section 41732(b)(1)(B) of this title.
      (g) Emergency Air Transportation by Foreign Air Carriers. - (1)
    To the extent that the Secretary decides an exemption is in the
    public interest, the Secretary may exempt by order a foreign air
    carrier from the requirements and limitations of this part for not
    more than 30 days to allow the foreign air carrier to carry
    passengers or cargo in interstate air transportation in certain
    markets if the Secretary finds that - 
        (A) because of an emergency created by unusual circumstances
      not arising in the normal course of business, air carriers
      holding certificates under section 41102 of this title cannot
      accommodate traffic in those markets;
        (B) all possible efforts have been made to accommodate the
      traffic by using the resources of the air carriers, including the
      use of - 
          (i) foreign aircraft, or sections of foreign aircraft, under
        lease or charter to the air carriers; and
          (ii) the air carriers' reservations systems to the extent
        practicable;

        (C) the exemption is necessary to avoid unreasonable hardship
      for the traffic in the markets that cannot be accommodated by the
      air carriers; and
        (D) granting the exemption will not result in an unreasonable
      advantage to any party in a labor dispute where the inability to
      accommodate traffic in a market is a result of the dispute.

      (2) When the Secretary grants an exemption to a foreign air
    carrier under this subsection, the Secretary shall - 
        (A) ensure that air transportation that the foreign air carrier
      provides under the exemption is made available on reasonable
      terms;
        (B) monitor continuously the passenger load factor of air
      carriers in the market that hold certificates under section 41102
      of this title; and
        (C) review the exemption at least every 30 days to ensure that
      the unusual circumstances that established the need for the
      exemption still exist.

      (3) The Secretary may renew an exemption (including renewals)
    under this subsection for not more than 30 days. An exemption may
    continue for not more than 5 days after the unusual circumstances
    that established the need for the exemption cease.
      (h) Notice and Opportunity for Hearing. - The Secretary may act
    under subsections (d) and (f)(3)(B) of this section only after
    giving the air carrier notice and an opportunity for a hearing.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104; Pub. L.
    104-287, Sec. 5(65), Oct. 11, 1996, 110 Stat. 3395.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40109(a)       49 App.:1301(3)         Aug. 23, 1958, Pub. L.       
                    (proviso).              85-726, Secs. 101(3)        
                                            (proviso), 307(e),          
                                            416(b)(2), 72 Stat. 737,    
                                            750, 771.                   
                   49 App.:1386(b)(3).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            416(b)(3)-(6); added Oct.   
                                            24, 1978, Pub. L. 95-504,   
                                            Secs. 31(b), 32, 92 Stat.   
                                            1732.                       
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    40109(b)       49 App.:1348(e).                                     
                   49                                                   
                    App.:1551(b)(1)(E).                                 
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40109(c)       49 App.:1386(b)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 416(b)(1), 72  
                                            Stat. 771; restated Oct. 24,
                                            1978, Pub. L. 95-504, Sec.  
                                            31(a), 92 Stat. 1731.       
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40109(d)       49 App.:1386(b)(2)                                   
                    (less words between                                 
                    6th and 7th commas,                                 
                    proviso).                                           
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40109(e)       49 App.:1386(b)(2)                                   
                    (proviso).                                          
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40109(f)       49 App.:1386(b)(4),                                  
                    (5), (6) (less                                      
                    words between 5th                                   
                    and 6th commas).                                    
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40109(g)       49 App.:1386(b)(7).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            416(b)(7); added Feb. 15,   
                                            1980, Pub. L. 96-192, Sec.  
                                            13, 94 Stat. 39.            
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    40109(h)       49 App.:1386(b)(2)                                   
                    (words between 6th                                  
                    and 7th commas),                                    
                    (6) (words between                                  
                    5th and 6th commas).                                 
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    --------------------------------------------------------------------

      In this section, the words "requirements of", "term", and "or
    limitation" are omitted as surplus. The word "rule" is omitted as
    being synonymous with "regulation". The word "unreasonable" is
    substituted for "undue" for consistency in the revised title and
    with other titles of the United States Code.
      In subsection (a)(1), before clause (A), the words "by order" are
    omitted as unnecessary because of 5:ch. 5, subch. II. The word
    "exempt" is substituted for "relieve" for consistency in this
    section.
      In subsection (a)(2), the words "that the Secretary decides" are
    added for clarity.
      In subsections (b), (c), and (f)(1)(B), the words "from time to
    time" are omitted as unnecessary.
      In subsection (b), the word "Administrator" in section 307(e) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 750)
    is retained on authority of 49:106(g).
      In subsection (d), before clause (1), the words "to the extent"
    are omitted as surplus.
      In subsection (f)(1), before clause (A), the words "Subject to
    paragraph (5) of this subsection" and "in air transportation" are
    omitted as surplus. The words "the Secretary may exempt" are
    substituted for "as may be prescribed in regulations promulgated by
    the Board" for clarity and to eliminate unnecessary words. In
    clause (A)(ii), the word "capacity" is omitted as surplus. In
    clause (B), the word "reasonable" is omitted as surplus. The word
    "prescribes" is substituted for "adopt" for consistency in the
    revised title and with other titles of the Code. The words "in the
    public interest" are omitted as surplus.
      In subsection (f)(2), the words "by regulation" are omitted as
    surplus. The word "payload" is substituted for "property" for
    consistency in this subsection. The words "specified in this
    paragraph" are omitted as surplus.
      In subsection (f)(3), the words "the State of" are omitted as
    surplus.
      In subsection (f)(3)(A), the words "under this subsection" are
    substituted for "from section 1371 of this title or any other
    requirement of this chapter", the words "2 places" are substituted
    for "points both of which are", and the word "between" is
    substituted for "one of which is in . . . and the other in", to
    eliminate unnecessary words.
      In subsection (f)(3)(B), the word "only" is added for clarity.
    The words "promulgated by the Board", "by such air carrier to
    points within such State", and "but not limited to" are omitted as
    surplus. The word "Alaska" is substituted for "such State" for
    clarity. The cross-reference is to section 41732(b)(1)(B) to
    correct an error in the source provisions. The cross-reference in
    49 App.:1386(b)(6) to 49 App.:1389(c)(2) should have been to 49
    App.:1389(f)(2). This error was not corrected when 49 App.:1389 was
    restated by section 202(b) of the Airport and Airway Safety and
    Capacity Expansion Act of 1987 (Public Law 100-223, 101 Stat.
    1508). The comparable provision is 49 App.:1389(k)(1)(A)(ii),
    restated as section 41732(b)(1)(B).
      In subsection (g), the word "exemption" is substituted for
    "authorization" and "authority" for clarity and consistency.
      In subsection (g)(1), before clause (A), the words "required", "a
    period", and "to the extent necessary" are omitted as surplus. The
    word "mail" is omitted as being included in "cargo". In clause (B),
    before subclause (i), the words "for example" are omitted as
    surplus.
      In subsection (g)(3), the words "a period" are omitted as
    surplus.
      In subsection (h), the words "The Secretary may act under
    subsections (d) and (f)(3)(B) of this section" are added because of
    the restatement. The word "notice" does not appear in 49
    App.:1386(b)(6) (words between 5th and 6th commas) but is made
    applicable to both of the restated source provisions for
    consistency with subchapter II of chapter 5 of title 5, United
    States Code. The words "opportunity for a" are added for
    consistency in the revised title.

                              PUB. L. 104-287                          
      This amends 49:40109(c) to correct an error in the codification
    enacted by section 1 of the Act of July 5, 1994 (Public Law 103-
    272, 108 Stat. 1105), to include in the cross-reference sections
    enacted after the cutoff date for the codification of title 49 as
    enacted by section 1 of the Act (Public Law 103-272, 108 Stat.
    745), and to make it easier to include future sections in the cross-
    reference by restating it in terms of chapters.

                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-287, Sec. 5(65)(B), substituted
    "sections 44909 and 46301(b)" for "section 46301(b)".
      Pub. L. 104-287, Sec. 5(65)(A), substituted "chapter 413 (except
    sections 41307 and 41310(b)-(f)), chapter 415 (except sections
    41502, 41505, and 41507-41509), chapter 417 (except sections 41703,
    41704, 41710, 41713, and 41714)," for "sections 41301-41306, 41308-
    41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702,
    41705-41709, 41711, 41712, and 41731-41742,".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-287 effective July 5, 1994, see section
    8(1) of Pub. L. 104-287, set out as a note under section 5303 of
    this title.

           AUTHORITY TO GRANT EXEMPTIONS TO GOVERNMENT AIRCRAFT       
      Pub. L. 103-411, Sec. 3(b), Oct. 25, 1994, 108 Stat. 4237,
    provided that:
      "(1) In general. - The Administrator of the Federal Aviation
    Administration may grant an exemption to any unit of Federal,
    State, or local government from any requirement of part A of
    subtitle VII of title 49, United States Code, that would otherwise
    be applicable to current or future aircraft of such unit of
    government as a result of the amendment made by subsection (a) of
    this section [amending section 40102 of this title].
      "(2) Requirements. - The Administrator may grant an exemption
    under paragraph (1) only if - 
        "(A) the Administrator finds that granting the exemption is
      necessary to prevent an undue economic burden on the unit of
      government; and
        "(B) the Administrator certifies that the aviation safety
      program of the unit of government is effective and appropriate to
      ensure safe operations of the type of aircraft operated by the
      unit of government."

-End-



-CITE-
    49 USC Sec. 40110                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40110. General procurement authority

-STATUTE-
      (a) General. - In carrying out this part, the Administrator of
    the Federal Aviation Administration - 
        (1) to the extent that amounts are available for obligation,
      may acquire services or, by condemnation or otherwise, an
      interest in property, including an interest in airspace
      immediately adjacent to and needed for airports and other air
      navigation facilities owned by the United States Government and
      operated by the Administrator;
        (2) may dispose of an interest in property for adequate
      compensation; and
        (3) may construct and improve laboratories and other test
      facilities.

      (b) Purchase of Housing Units. - 
        (1) Authority. - In carrying out this part, the Administrator
      may purchase a housing unit (including a condominium or a housing
      unit in a building owned by a cooperative) that is located
      outside the contiguous United States if the cost of the unit is
      $300,000 or less.
        (2) Adjustments for inflation. - For fiscal years beginning
      after September 30, 1997, the Administrator may adjust the dollar
      amount specified in paragraph (1) to take into account increases
      in local housing costs.
        (3) Continuing obligations. - Notwithstanding section 1341 of
      title 31, the Administrator may purchase a housing unit under
      paragraph (1) even if there is an obligation thereafter to pay
      necessary and reasonable fees duly assessed upon such unit,
      including fees related to operation, maintenance, taxes, and
      insurance.
        (4) Certification to congress. - The Administrator may purchase
      a housing unit under paragraph (1) only if, at least 30 days
      before completing the purchase, the Administrator transmits to
      the Committee on Transportation and Infrastructure of the House
      of Representatives and the Committee on Commerce, Science, and
      Transportation of the Senate a report containing - 
          (A) a description of the housing unit and its price;
          (B) a certification that the price does not exceed the median
        price of housing units in the area; and
          (C) a certification that purchasing the housing unit is the
        most cost-beneficial means of providing necessary
        accommodations in carrying out this part.

        (5) Payment of fees. - The Administrator may pay, when due,
      fees resulting from the purchase of a housing unit under this
      subsection from any amounts made available to the Administrator.

      (c) Duties and Powers. - When carrying out subsection (a) of this
    section, the Administrator of the Federal Aviation Administration
    may - 
        (1) notwithstanding section 1341(a)(1) of title 31, lease an
      interest in property for not more than 20 years;
        (2) consider the reasonable probable future use of the
      underlying land in making an award for a condemnation of an
      interest in airspace;
        (3) construct, or acquire an interest in, a public building (as
      defined in section 3301(a) of title 40) only under a delegation
      of authority from the Administrator of General Services;
        (4) use procedures other than competitive procedures only when
      the property or services needed by the Administrator of the
      Federal Aviation Administration are available from only one
      responsible source or only from a limited number of responsible
      sources and no other type of property or services will satisfy
      the needs of the Administrator; and
        (5) dispose of property under subsection (a)(2) of this
      section, except for airport and airway property and technical
      equipment used for the special purposes of the Administration,
      only under sections 121, 123, and 126 and chapter 5 of title 40.

      (d) Acquisition Management System. - 
        (1) In general. - In consultation with such non-governmental
      experts in acquisition management systems as the Administrator
      may employ, and notwithstanding provisions of Federal acquisition
      law, the Administrator shall develop and implement an acquisition
      management system for the Administration that addresses the
      unique needs of the agency and, at a minimum, provides for - 
          (A) more timely and cost-effective acquisitions of equipment,
        services, property, and materials; and
          (B) the resolution of bid protests and contract disputes
        related thereto, using consensual alternative dispute
        resolution techniques to the maximum extent practicable.

        (2) Applicability of federal acquisition law. - The following
      provisions of Federal acquisition law shall not apply to the new
      acquisition management system developed and implemented pursuant
      to paragraph (1):
          (A) Title III of the Federal Property and Administrative
        Services Act of 1949 (41 U.S.C. 252-266).
          (B) The Office of Federal Procurement Policy Act (41 U.S.C.
        401 et seq.).
          (C) The Federal Acquisition Streamlining Act of 1994 (Public
        Law 103-355), except for section 315 (41 U.S.C. 265). For the
        purpose of applying section 315 of that Act to the system, the
        term "executive agency" is deemed to refer to the Federal
        Aviation Administration.
          (D) The Small Business Act (15 U.S.C. 631 et seq.), except
        that all reasonable opportunities to be awarded contracts shall
        be provided to small business concerns and small business
        concerns owned and controlled by socially and economically
        disadvantaged individuals.
          (E) The Competition in Contracting Act.
          (F) Subchapter V of chapter 35 of title 31, relating to the
        procurement protest system.
          (G) The Federal Acquisition Regulation and any laws not
        listed in subparagraphs (A) through (F) providing authority to
        promulgate regulations in the Federal Acquisition Regulation.

        (3) Certain provisions of the office of federal procurement
      policy act. - Notwithstanding paragraph (2)(B), section 27 of the
      Office of Federal Procurement Policy Act (41 U.S.C. 423) shall
      apply to the new acquisition management system developed and
      implemented under paragraph (1) with the following modifications:
          (A) Subsections (f) and (g) shall not apply.
          (B) Within 90 days after the date of the enactment of the
        Wendell H. Ford Aviation Investment and Reform Act for the 21st
        Century, the Administrator shall adopt definitions for the
        acquisition management system that are consistent with the
        purpose and intent of the Office of Federal Procurement Policy
        Act.
          (C) After the adoption of those definitions, the criminal,
        civil, and administrative remedies provided under the Office of
        Federal Procurement Policy Act apply to the acquisition
        management system.
          (D) In the administration of the acquisition management
        system, the Administrator may take adverse personnel action
        under section 27(e)(3)(A)(iv) of the Office of Federal
        Procurement Policy Act in accordance with the procedures
        contained in the Administration's personnel management system.

        (4) Adjudication of certain bid protests and contract disputes.
      - A bid protest or contract dispute that is not addressed or
      resolved through alternative dispute resolution shall be
      adjudicated by the Administrator through Dispute Resolution
      Officers or Special Masters of the Federal Aviation
      Administration Office of Dispute Resolution for Acquisition,
      acting pursuant to sections 46102, 46104, 46105, 46106 and 46107
      and shall be subject to judicial review under section 46110 and
      to section 504 of title 5.

      (e) Prohibition on Release of Offeror Proposals. - 
        (1) General rule. - Except as provided in paragraph (2), a
      proposal in the possession or control of the Administrator may
      not be made available to any person under section 552 of title 5.
        (2) Exception. - Paragraph (1) shall not apply to any portion
      of a proposal of an offeror the disclosure of which is authorized
      by the Administrator pursuant to procedures published in the
      Federal Register. The Administrator shall provide an opportunity
      for public comment on the procedures for a period of not less
      than 30 days beginning on the date of such publication in order
      to receive and consider the views of all interested parties on
      the procedures. The procedures shall not take effect before the
      60th day following the date of such publication.
        (3) Proposal defined. - In this subsection, the term "proposal"
      means information contained in or originating from any proposal,
      including a technical, management, or cost proposal, submitted by
      an offeror in response to the requirements of a solicitation for
      a competitive proposal.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1106; Pub. L.
    103-429, Sec. 6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388;
    Pub. L. 104-264, title XII, Sec. 1201, Oct. 9, 1996, 110 Stat.
    3279; Pub. L. 106-181, title III, Sec. 307(b), title VII, Sec. 703,
    Apr. 5, 2000, 114 Stat. 125, 156; Pub. L. 107-217, Sec. 3(n)(5),
    Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108-176, title II, Secs.
    222, 224(a), (b), Dec. 12, 2003, 117 Stat. 2527; Pub. L. 108-178,
    Sec. 4(k), Dec. 15, 2003, 117 Stat. 2642.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40110(a)       49 App.:1344(a)(1)      Aug. 23, 1958, Pub. L.       
                    (less term of           85-726, Sec. 303(a)-(d), 72 
                    lease), (2) (words      Stat. 747; May 21, 1970,    
                    before 1st              Pub. L. 91-258, Sec.        
                    semicolon), (3).        51(a)(1), 84 Stat. 234; July
                                            12, 1976, Pub. L. 94-353,   
                                            Sec. 16, 90 Stat. 882; Oct. 
                                            19, 1980, Pub. L. 96-470,   
                                            Sec. 112(e), 94 Stat. 2240; 
                                            Jan. 12, 1983, Pub. L.      
                                            97-449, Sec. 7(b), 96 Stat. 
                                            2444; restated Nov. 5, 1990,
                                            Pub. L. 101-508, Sec.       
                                            9118(a), 104 Stat. 1388-365.
    40110(b)(1)    49 App.:1344(d).                                     
    40110(b)       49 App.:1344(a)(1)                                   
     (2)(A)         (related to term of                                 
                    lease).                                             
    40110(b)       49 App.:1344(b)(1).                                  
     (2)(B)                                                             
    40110(b)       49 App.:1344(b)(2).                                  
     (2)(C)                                                             
    40110(b)       49 App.:1344(c).                                     
     (2)(D)                                                             
    40110(b)       49 App.:1344(g).        Aug. 23, 1958, Pub. L.       
     (2)(E)                                 85-726, 72 Stat. 747, Sec.  
                                            303(g); added Oct. 31, 1992,
                                            Pub. L. 102-581, Sec.       
                                            201(a), 106 Stat. 4890.     
    40110(b)       49 App.:1344(a)(2)                                   
     (2)(F)         (words after 1st                                    
                    semicolon).                                         
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 303(a)-(d)
    of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.
    747) is retained on authority of 49:106(g).
      In subsection (a), before clause (1), the words "In carrying out
    this part" are added for clarity. The words "on behalf of the
    United States . . . where appropriate" are omitted as surplus. In
    clause (1), the words "made by the Congress", "by purchase,
    condemnation . . . or otherwise", and "easements through or other"
    are omitted as surplus. In clause (2), the words "by sale, lease,
    or otherwise" and "real or personal" are omitted as surplus. In
    clause (3), the word "renovate" is omitted as surplus. The words
    "and to purchase or otherwise acquire real property required
    therefor" are omitted as surplus because of the authority of the
    Administrator to acquire real property under clause (1) of this
    subsection.
      In subsection (b)(1), the words "procedures other than
    competitive procedures" are substituted for "noncompetitive
    procedures" for consistency with subsection (b)(2)(D) of this
    section and 41:253(f).
      In subsection (b)(2)(B), the text of 49 App.:1344(b)(1) (words
    before semicolon) and the words "easements through or other" are
    omitted as surplus.
      In subsection (b)(2)(C), the words "by purchase, condemnation, or
    lease" are omitted as surplus.
      Subsection (b)(2)(E) is substituted for 49 App.:1344(g) to
    eliminate the cross-references to other laws and for clarity and is
    based on the text of 10:2304(c)(1).

                              PUB. L. 103-429                          
      This amends 49:40110(a) to clarify the restatement of 49
    App.:1344(a)(1)-(3) by section 1 of the Act of July 5, 1994 (Public
    Law 103-272, 108 Stat. 1106).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (d)(2)(A), is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Title III of the Act is classified generally
    to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
    Public Contracts. For complete classification of this Act to the
    Code, see Tables.
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (d)(2)(B), (3)(B), (C), is Pub. L. 93-400, Aug. 30, 1974,
    88 Stat. 796, as amended, which is classified principally to
    chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 401 of Title 41 and Tables.
      The Federal Acquisition Streamlining Act of 1994, referred to in
    subsec. (d)(2)(C), is Pub. L. 103-355, Oct. 13, 1994, 108 Stat.
    3243. For complete classification of this Act to the Code, see
    Short Title of 1994 Amendment note set out under section 251 of
    Title 41, Public Contracts, and Tables.
      The Small Business Act, referred to in subsec. (d)(2)(D), is Pub.
    L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is
    classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see Short Title note set out under section 631 of Title 15
    and Tables.
      The Competition in Contracting Act, referred to in subsec.
    (d)(2)(E), probably means the Competition in Contracting Act of
    1984, which is title VII of Pub. L. 98-369, div. B, July 18, 1984,
    98 Stat. 1175. For complete classification of this Act to the Code,
    see Short Title of 1984 Amendments note set out under section 251
    of Title 41, Public Contracts, and Tables.
      The date of the enactment of the Wendell H. Ford Aviation
    Investment and Reform Act for the 21st Century, referred to in
    subsec. (d)(3)(B), is the date of enactment of Pub. L. 106-181,
    which was approved Apr. 5, 2000.


-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-176, Sec. 224(a), struck out par.
    (1), which related to the senior procurement executive, par. (2)
    designation before "may - ", and subpar. (D) of par. (2), which
    related to use procedures other than competitive procedures,
    redesignated subpars. (A), (B), (C), (E), and (F) of par. (2) as
    pars. (1) to (5), respectively, and realigned margins.
      Subsec. (d)(1). Pub. L. 108-176, Sec. 224(b)(1), struck out ",
    not later than January 1, 1996," after "shall develop and
    implement", substituted "provides for - " for "provides for more
    timely and cost-effective acquisitions of equipment and
    materials.", and added subpars. (A) and (B).
      Subsec. (d)(2)(C). Pub. L. 108-176, Sec. 222, substituted
    "(Public Law 103-355), except for section 315 (41 U.S.C. 265). For
    the purpose of applying section 315 of that Act to the system, the
    term 'executive agency' is deemed to refer to the Federal Aviation
    Administration." for "(Public Law 103-355)."
      Subsec. (d)(2)(G). Pub. L. 108-178, Sec. 4(k)(3), substituted
    "subparagraphs (A) through (F)" for "subparagraphs (A) through
    (G)".
      Pub. L. 108-178, Sec. 4(k)(1), (2), redesignated subpar. (H) as
    (G) and struck out former subpar. (G) which read as follows: "The
    Brooks Automatic Data Processing Act (40 U.S.C. 759)."
      Subsec. (d)(2)(H). Pub. L. 108-178, Sec. 4(k)(2), redesignated
    subpar. (H) as (G).
      Subsec. (d)(4). Pub. L. 108-176, Sec. 224(b)(2), added par. (4)
    and struck out heading and text of former par. (4). Text read as
    follows: "This subsection shall take effect on April 1, 1996."
      2002 - Subsec. (c)(2)(C). Pub. L. 107-217, Sec. 3(n)(5)(A),
    substituted "(as defined in section 3301(a) of title 40)" for "(as
    defined in section 13 of the Public Buildings Act of 1959 (40
    U.S.C. 612))".
      Subsec. (c)(2)(F). Pub. L. 107-217, Sec. 3(n)(5)(B), substituted
    "sections 121, 123, and 126 and chapter 5 of title 40" for "title
    II of the Federal Property and Administrative Services Act of 1949
    (40 U.S.C. 481 et seq.)".
      2000 - Subsecs. (d), (e). Pub. L. 106-181 added subsecs. (d) and
    (e).
      1996 - Subsecs. (b), (c). Pub. L. 104-264 added subsec. (b) and
    redesignated former subsec. (b) as (c).
      1994 - Subsec. (a). Pub. L. 103-429, Sec. 6(48), in introductory
    provisions, struck out "may" after "Administration", in par. (1),
    struck out "acquire," before "to the extent" and substituted "may
    acquire services or, by condemnation or otherwise," for "services
    or", and in pars. (2) and (3), inserted "may" after par.
    designation.
      Subsec. (b)(2)(A). Pub. L. 103-429, Sec. 6(80), inserted
    "notwithstanding section 1341(a)(1) of title 31," before "lease".

                     EFFECTIVE DATE OF 2003 AMENDMENTS                 
      Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
    5 of Pub. L. 108-178, set out as a note under section 5334 of Title
    5, Government Organization and Employees.
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.

                FAA EVALUATION OF LONG-TERM CAPITAL LEASING            
      Pub. L. 106-181, title VII, Sec. 704, Apr. 5, 2000, 114 Stat.
    157, provided that:
      "(a) In General. - The Administrator [of the Federal Aviation
    Administration] may carry out a pilot program in fiscal years 2001
    through 2003 to test and evaluate the benefits of long-term
    contracts for the leasing of aviation equipment and facilities.
      "(b) Period of Contracts. - Notwithstanding any other provision
    of law, the Administrator may enter into a contract under the
    program to lease aviation equipment or facilities for a period of
    greater than 5 years.
      "(c) Number of Contracts. - The Administrator may not enter into
    more that [than] 10 contracts under the program.
      "(d) Types of Contracts. - The contracts to be evaluated under
    the program may include contracts for telecommunication services
    that are provided through the use of a satellite, requirements
    related to oceanic and air traffic control, air-to-ground radio
    communications, and air traffic control tower construction."

                ASSESSMENT OF ACQUISITION MANAGEMENT SYSTEM            
      Section 251 of Pub. L. 104-264 provided that: "Not later than
    April 1, 1999, the Administrator [of the Federal Aviation
    Administration] shall employ outside experts to provide an
    independent evaluation of the effectiveness of the Administration's
    [Federal Aviation Administration] acquisition management system
    within 3 months after such date. The Administrator shall transmit a
    copy of the evaluation to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives."
      Pub. L. 104-205, title III, Sec. 351, Sept. 30, 1996, 110 Stat.
    2979, provided that: "Not later than December 31, 1997, the
    Administrator of the Federal Aviation Administration shall - 
        "(a) take such action as may be necessary to provide for an
      independent assessment of the acquisition management system of
      the Federal Aviation Administration that includes a review of any
      efforts of the Administrator in promoting and encouraging the use
      of full and open competition as the preferred method of
      procurement with respect to any contract that involves an amount
      greater than $50,000,000; and
        "(b) submit to the Congress a report on the findings of that
      independent assessment: Provided, That for purposes of this
      section, the term 'full and open competition' has the meaning
      provided that term in section 4(6) of the Office of Federal
      Procurement Policy Act (41 U.S.C. 403(6))."

     ACQUISITION MANAGEMENT SYSTEM FOR FEDERAL AVIATION ADMINISTRATION 
      Pub. L. 104-50, title III, Sec. 348, Nov. 15, 1995, 109 Stat.
    460, required the Administrator of the Federal Aviation
    Administration to develop and implement, not later than Jan. 1,
    1996, an acquisition management system, exempt from specified
    federal procurement and acquisition laws, to provide for more
    timely and cost-effective acquisitions of equipment and materials,
    prior to repeal by Pub. L. 106-181, title III, Sec. 307(d), Apr. 5,
    2000, 114 Stat. 126.

           ALTERNATIVE PROCUREMENT AND ACQUISITION PILOT PROGRAM       
      Pub. L. 103-355, title V, Sec. 5063, Oct. 13, 1994, 108 Stat.
    3356, provided that:
      "(a) Authority. - The Secretary of Transportation may conduct a
    test of alternative and innovative procurement procedures in
    carrying out acquisitions for one of the modernization programs
    under the Airway Capital Investment Plan prepared pursuant to
    section 44501(b) of title 49, United States Code. In conducting
    such test, the Secretary shall consult with the Administrator for
    Federal Procurement Policy.
      "(b) Pilot Program Implementation. - (1) The Secretary of
    Transportation should prescribe policies and procedures for the
    interaction of the program manager and the end user executive
    responsible for the requirement for the equipment acquired. Such
    policies and procedures should include provisions for enabling the
    end user executive to participate in acceptance testing.
      "(2) Not later than 45 days after the date of enactment of this
    Act [Oct. 13, 1994], the Secretary of Transportation shall identify
    for the pilot program quantitative measures and goals for reducing
    acquisition management costs.
      "(3) The Secretary of Transportation shall establish for the
    pilot program a review process that provides senior acquisition
    officials with reports on the minimum necessary data items required
    to ensure the appropriate expenditure of funds appropriated for the
    program and that - 
        "(A) contain essential information on program results at
      appropriate intervals, including the criteria to be used in
      measuring the success of the program; and
        "(B) reduce data requirements from the current program review
      reporting requirements.
      "(c) Special Authorities. - The authority provided by subsection
    (a) shall include authority for the Secretary of Transportation - 
        "(1) to apply any amendment or repeal of a provision of law
      made in this Act [see Short Title of 1994 Amendment note set out
      under section 251 of Title 41, Public Contracts] to the pilot
      program before the effective date of such amendment or repeal;
      and
        "(2) to apply to a procurement of items other than commercial
      items under such program - 
          "(A) any authority provided in this Act (or in an amendment
        made by a provision of this Act) to waive a provision of law in
        the case of commercial items, and
          "(B) any exception applicable under this Act (or an amendment
        made by a provision of this Act) in the case of commercial
        items,
      before the effective date of such provision (or amendment) to the
      extent that the Secretary determines necessary to test the
      application of such waiver or exception to procurements of items
      other than commercial items.
      "(d) Applicability. - Subsection (c) applies with respect to - 
        "(1) a contract that is awarded or modified after the date
      occurring 45 days after the date of the enactment of this Act
      [Oct. 13, 1994]; and
        "(2) a contract that is awarded before such date and is to be
      performed (or may be performed), in whole or in part, after such
      date.
      "(e) Procedures Authorized. - The test conducted under this
    section may include any of the following procedures:
        "(1) Restriction of competitions to sources determined capable
      in a precompetition screening process, provided that the
      screening process affords all interested sources a fair
      opportunity to be considered.
        "(2) Restriction of competitions to sources of preevaluated
      products, provided that the preevaluation process affords all
      interested sources a fair opportunity to be considered.
        "(3) Alternative notice and publication requirements.
        "(4) A process in which - 
          "(A) the competitive process is initiated by publication in
        the Commerce Business Daily, or by dissemination through
        FACNET, of a notice that - 
            "(i) contains a synopsis of the functional and performance
          needs of the executive agency conducting the test, and, for
          purposes of guidance only, other specifications; and
            "(ii) invites any interested source to submit information
          or samples showing the suitability of its product for meeting
          those needs, together with a price quotation, or, if
          appropriate, showing the source's technical capability, past
          performance, product supportability, or other qualifications
          (including, as appropriate, information regarding rates and
          other cost-related factors);
          "(B) contracting officials develop a request for proposals
        (including appropriate specifications and evaluation criteria)
        after reviewing the submissions of interested sources and, if
        the officials determine necessary, after consultation with
        those sources; and
          "(C) a contract is awarded after a streamlined competition
        that is limited to all sources that timely provided product
        information in response to the notice or, if appropriate, to
        those sources determined most capable based on the
        qualification-based factors included in an invitation to submit
        information pursuant to subparagraph (A).
      "(f) Waiver of Procurement Regulations. - (1) In conducting the
    test under this section, the Secretary of Transportation, with the
    approval of the Administrator for Federal Procurement Policy, may
    waive - 
        "(A) any provision of the Federal Acquisition Regulation that
      is not required by statute; and
        "(B) any provision of the Federal Acquisition Regulation that
      is required by a provision of law described in paragraph (2), the
      waiver of which the Administrator determines in writing to be
      necessary to test procedures authorized by subsection (e).
      "(2) The provisions of law referred to in paragraph (1) are as
    follows:
        "(A) Subsections (e), (f), and (g) of section 8 of the Small
      Business Act (15 U.S.C. 637).
        "(B) The following provisions of the Federal Property and
      Administrative Services Act of 1949:
          "(i) Section 303 (41 U.S.C. 253).
          "(ii) Section 303A (41 U.S.C. 253a).
          "(iii) Section 303B (41 U.S.C. 253b).
          "(iv) Section 303C (41 U.S.C. 253c).
        "(C) The following provisions of the Office of Federal
      Procurement Policy Act:
          "(i) Section 4(6) (41 U.S.C. 403(6)).
          "(ii) Section 18 (41 U.S.C. 416).
      "(g) Definition. - In this section, the term 'commercial item'
    has the meaning provided that term in section 4(12) of the Office
    of Federal Procurement Policy Act [41 U.S.C. 403(12)].
      "(h) Expiration of Authority. - The authority to conduct the test
    under subsection (a) and to award contracts under such test shall
    expire 4 years after the date of the enactment of this Act.
    Contracts entered into before such authority expires shall remain
    in effect, notwithstanding the expiration of the authority to
    conduct the test under this section.
      "(i) Rule of Construction. - Nothing in this section shall be
    construed as authorizing the appropriation or obligation of funds
    for the test conducted pursuant to subsection (a)."

-End-



-CITE-
    49 USC Sec. 40111                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40111. Multiyear procurement contracts for services and
      related items

-STATUTE-
      (a) General Authority. - Notwithstanding section 1341(a)(1)(B) of
    title 31, the Administrator of the Federal Aviation Administration
    may make a contract of not more than 5 years for the following
    types of services and items of supply related to those services for
    which amounts otherwise would be available for obligation only in
    the fiscal year for which appropriated:
        (1) operation, maintenance, and support of facilities and
      installations.
        (2) operation, maintenance, and modification of aircraft,
      vehicles, and other highly complex equipment.
        (3) specialized training requiring high quality instructor
      skills, including training of pilots and aircrew members and
      foreign language training.
        (4) base services, including ground maintenance, aircraft
      refueling, bus transportation, and refuse collection and
      disposal.

      (b) Required Findings. - The Administrator may make a contract
    under this section only if the Administrator finds that - 
        (1) there will be a continuing requirement for the service
      consistent with current plans for the proposed contract period;
        (2) providing the service will require a substantial initial
      investment in plant or equipment, or will incur a substantial
      contingent liability for assembling, training, or transporting a
      specialized workforce; and
        (3) the contract will promote the best interests of the United
      States by encouraging effective competition and promoting
      economies in operation.

      (c) Considerations. - When making a contract under this section,
    the Administrator shall be guided by the following:
        (1) The part of the cost of a plant or equipment amortized as a
      cost of contract performance may not be more than the ratio
      between the period of contract performance and the anticipated
      useful commercial life (instead of physical life) of the plant or
      equipment, considering the location and specialized nature of the
      plant or equipment, obsolescence, and other similar factors.
        (2) The Administrator shall consider the desirability of - 
          (A) obtaining an option to renew the contract for a
        reasonable period of not more than 3 years, at a price that
        does not include charges for nonrecurring costs already
        amortized; and
          (B) reserving in the Administrator the right, on payment of
        the unamortized part of the cost of the plant or equipment, to
        take title to the plant or equipment under appropriate
        circumstances.

      (d) Ending Contracts. - A contract made under this section shall
    be ended if amounts are not made available to continue the contract
    into a subsequent fiscal year. The cost of ending the contract may
    be paid from - 
        (1) an appropriation originally available for carrying out the
      contract;
        (2) an appropriation currently available for procuring the type
      of service concerned and not otherwise obligated; or
        (3) amounts appropriated for payments to end the contract.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1107.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40111(a)       49 App.:1344(e)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 303(e), 72     
                                            Stat. 747; May 21, 1970,    
                                            Pub. L. 91-258, Sec.        
                                            51(a)(1), 84 Stat. 234; July
                                            12, 1976, Pub. L. 94-353,   
                                            Sec. 16, 90 Stat. 882; Oct. 
                                            19, 1980, Pub. L. 96-470,   
                                            Sec. 112(e), 94 Stat. 2240; 
                                            Jan. 12, 1983, Pub. L.      
                                            97-449, Sec. 7(b), 96 Stat. 
                                            2444; restated Nov. 5, 1990,
                                            Pub. L. 101-508, Sec.       
                                            9118(a), 104 Stat. 1388-366.
    40111(b)       49 App.:1344(e)(2).                                  
    40111(c)       49 App.:1344(e)(3).                                  
    40111(d)       49 App.:1344(e)(4).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 303(e) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 747)
    is retained on authority of 49:106(g).
      In subsection (a), before clause (1), the words "periods of" are
    omitted as surplus. In clause (3), the words "training of" are
    added for clarity. In clause (4), the word "aircraft" is
    substituted for "in-plane" for clarity.
      In subsection (c)(2)(A), the words "plant, equipment, and other"
    are omitted as surplus.
      In subsection (d), the words "canceled or" and "cancellation or"
    are omitted as being included in "ended" and "ending",
    respectively.

-End-



-CITE-
    49 USC Sec. 40112                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40112. Multiyear procurement contracts for property

-STATUTE-
      (a) General Authority. - Notwithstanding section 1341(a)(1)(B) of
    title 31 and to the extent that amounts otherwise are available for
    obligation, the Administrator of the Federal Aviation
    Administration may make a contract of more than one but not more
    than 5 fiscal years to purchase property, except a contract to
    construct, alter, or make a major repair or improvement to real
    property.
      (b) Required Findings. - The Administrator may make a contract
    under this section if the Administrator finds that - 
        (1) the contract will promote the safety or efficiency of the
      national airspace system and will result in reduced total
      contract costs;
        (2) the minimum need for the property to be purchased is
      expected to remain substantially unchanged during the proposed
      contract period in terms of production rate, procurement rate,
      and total quantities;
        (3) there is a reasonable expectation that throughout the
      proposed contract period the Administrator will request
      appropriations for the contract at the level required to avoid
      cancellation;
        (4) there is a stable design for the property to be acquired
      and the technical risks associated with the property are not
      excessive; and
        (5) the estimates of the contract costs and the anticipated
      savings from the contract are realistic.

      (c) Regulations. - The Administrator shall prescribe regulations
    for acquiring property under this section to promote the use of
    contracts under this section in a way that will allow the most
    efficient use of those contracts. The regulations may provide for a
    cancellation provision in the contract to the extent the provision
    is necessary and in the best interest of the United States. The
    provision may include consideration of recurring and nonrecurring
    costs of the contractor associated with producing the item to be
    delivered under the contract. The regulations shall provide that,
    to the extent practicable - 
        (1) to broaden the aviation industrial base - 
          (A) a contract under this section shall be used to seek,
        retain, and promote the use under that contract of
        subcontractors, vendors, or suppliers; and
          (B) on accrual of a payment or other benefit accruing on a
        contract under this section to a subcontractor, vendor, or
        supplier participating in the contract, the payment or benefit
        shall be delivered in the most expeditious way practicable; and

        (2) this section and regulations prescribed under this section
      may not be carried out in a way that precludes or curtails the
      existing ability of the Administrator to provide for - 
          (A) competition in producing items to be delivered under a
        contract under this section; or
          (B) ending a prime contract when performance is deficient
        with respect to cost, quality, or schedule.

      (d) Contract Provisions. - (1) A contract under this section may -
     
        (A) be used for the advance procurement of components, parts,
      and material necessary to manufacture equipment to be used in the
      national airspace system;
        (B) provide that performance under the contract after the first
      year is subject to amounts being appropriated; and
        (C) contain a negotiated priced option for varying the number
      of end items to be procured over the period of the contract.

      (2) If feasible and practicable, an advance procurement contract
    may be made to achieve economic-lot purchases and more efficient
    production rates.
      (e) Cancellation Payment and Notice of Cancellation Ceiling. -
    (1) If a contract under this section provides that performance is
    subject to an appropriation being made, it also may provide for a
    cancellation payment to be made to the contractor if the
    appropriation is not made.
      (2) Before awarding a contract under this section containing a
    cancellation ceiling of more than $100,000,000, the Administrator
    shall give written notice of the proposed contract and cancellation
    ceiling to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives. The contract may
    not be awarded until the end of the 30-day period beginning on the
    date of the notice.
      (f) Ending Contracts. - A contract made under this section shall
    be ended if amounts are not made available to continue the contract
    into a subsequent fiscal year. The cost of ending the contract may
    be paid from - 
        (1) an appropriation originally available for carrying out the
      contract;
        (2) an appropriation currently available for procuring the type
      of property concerned and not otherwise obligated; or
        (3) amounts appropriated for payments to end the contract.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1108; Pub. L.
    104-106, div. E, title LVI, Sec. 5606, Feb. 10, 1996, 110 Stat.
    700; Pub. L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40112(a)       49 App.:1344(f)(1)      Aug. 23, 1958, Pub. L.       
                    (words before 4th       85-726, Sec. 303(f), 72     
                    comma), (6), (7)        Stat. 747; May 21, 1970,    
                    (1st sentence).         Pub. L. 91-258, Sec.        
                                            51(a)(1), 84 Stat. 234; July
                                            12, 1976, Pub. L. 94-353,   
                                            Sec. 16, 90 Stat. 882; Oct. 
                                            19, 1980, Pub. L. 96-470,   
                                            Sec. 112(e), 94 Stat. 2240; 
                                            Jan. 12, 1983, Pub. L.      
                                            97-449, Sec. 7(b), 96 Stat. 
                                            2444; restated Nov. 5, 1990,
                                            Pub. L. 101-508, Sec.       
                                            9118(a), 104 Stat. 1388-367.
    40112(b)       49 App.:1344(f)(1)                                   
                    (words after 4th                                    
                    comma).                                             
    40112(c)       49 App.:1344(f)(2).                                  
    40112(d)       49 App.:1344(f)(4)                                   
     (1)(A)         (words before 3d                                    
                    comma).                                             
    40112(d)       49 App.:1344(f)(7)                                   
     (1)(B)         (last sentence                                      
                    words before "and                                   
                    (if").                                              
    40112(d)       49 App.:1344(f)(8).                                  
     (1)(C)                                                             
    40112(d)(2)    49 App.:1344(f)(4)                                   
                    (words after 3d                                     
                    comma).                                             
    40112(e)(1)    49 App.:1344(f)(7)                                   
                    (last sentence                                      
                    words after "of                                     
                    funds").                                            
    40112(e)(2)    49 App.:1344(f)(3).                                  
    40112(f)       49 App.:1344(f)(5).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 303(f) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 747)
    is retained on authority of 49:106(g).
      In subsection (a), the reference in 49 App.:1344(f)(7) to a
    contract for the purchase of services is omitted as surplus because
    49 App.:1344(f)(1) states that the subsection is concerned only
    with contracts for the purchase of property.
      In subsection (b)(5), the word "savings" is substituted for "cost
    avoidance" for clarity.
      In subsection (c), before clause (1), the word "both" is omitted
    as surplus. In clause (1)(A), the words "in such a manner as" and
    "companies that are" are omitted as surplus. In clause (1)(B), the
    words "accruing on" are substituted for "under" for clarity. The
    words "subcontractor" and "contract" are substituted for
    "subcontract" and "contractor", respectively, to correct errors in
    the source provisions being restated.
      In subsection (d)(1)(B), the words "after the first year" are
    substituted for "during the second and subsequent years of the
    contract" to eliminate unnecessary words.
      In subsection (e)(2), the words "a clause setting forth" are
    omitted as surplus.
      In subsection (f), the words "canceled or" and "cancellation or"
    are omitted as being included in "ended" and "ending",
    respectively.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-106 struck out "or a contract to
    purchase property to which section 111 of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 759) applies" after
    "improvement to real property".
      Subsec. (e)(2). Pub. L. 104-287 substituted "Transportation and
    Infrastructure" for "Public Works and Transportation".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.

-End-



-CITE-
    49 USC Sec. 40113                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40113. Administrative

-STATUTE-
      (a) General Authority. - The Secretary of Transportation (or the
    Under Secretary of Transportation for Security with respect to
    security duties and powers designated to be carried out by the
    Under Secretary or the Administrator of the Federal Aviation
    Administration with respect to aviation safety duties and powers
    designated to be carried out by the Administrator) may take action
    the Secretary, Under Secretary, or Administrator, as appropriate,
    considers necessary to carry out this part, including conducting
    investigations, prescribing regulations, standards, and procedures,
    and issuing orders.
      (b) Hazardous Material. - In carrying out this part, the
    Secretary has the same authority to regulate the transportation of
    hazardous material by air that the Secretary has under section 5103
    of this title. However, this subsection does not prohibit or
    regulate the transportation of a firearm (as defined in section 232
    of title 18) or ammunition for a firearm, when transported by an
    individual for personal use.
      (c) Governmental Assistance. - The Secretary (or the
    Administrator of the Federal Aviation Administration with respect
    to aviation safety duties and powers designated to be carried out
    by the Administrator) may use the assistance of the Administrator
    of the National Aeronautics and Space Administration and any
    research or technical department, agency, or instrumentality of the
    United States Government on matters related to aircraft fuel and
    oil, and to the design, material, workmanship, construction,
    performance, maintenance, and operation of aircraft, aircraft
    engines, propellers, appliances, and air navigation facilities.
    Each department, agency, and instrumentality may conduct scientific
    and technical research, investigations, and tests necessary to
    assist the Secretary or Administrator of the Federal Aviation
    Administration in carrying out this part. This part does not
    authorize duplicating laboratory research activities of a
    department, agency, or instrumentality.
      (d) Indemnification. - The Under Secretary of Transportation for
    Security or the Administrator of the Federal Aviation
    Administration may indemnify an officer or employee of the
    Transportation Security Administration or Federal Aviation
    Administration, as the case may be, against a claim or judgment
    arising out of an act that the Under Secretary or Administrator, as
    the case may be, decides was committed within the scope of the
    official duties of the officer or employee.
      (e) Assistance to Foreign Aviation Authorities. - 
        (1) Safety-related training and operational services. - The
      Administrator may provide safety-related training and operational
      services to foreign aviation authorities with or without
      reimbursement, if the Administrator determines that providing
      such services promotes aviation safety. To the extent
      practicable, air travel reimbursed under this subsection shall be
      conducted on United States air carriers.
        (2) Reimbursement sought. - The Administrator shall actively
      seek reimbursement for services provided under this subsection
      from foreign aviation authorities capable of providing such
      reimbursement.
        (3) Crediting appropriations. - Funds received by the
      Administrator pursuant to this section shall be credited to the
      appropriation from which the expenses were incurred in providing
      such services.
        (4) Reporting. - Not later than December 31, 1995, and annually
      thereafter, the Administrator shall transmit to Congress a list
      of the foreign aviation authorities to which the Administrator
      provided services under this subsection in the preceding fiscal
      year. Such list shall specify the dollar value of such services
      and any reimbursement received for such services.

      (f) Application of Certain Regulations to Alaska. - In amending
    title 14, Code of Federal Regulations, in a manner affecting
    intrastate aviation in Alaska, the Administrator of the Federal
    Aviation Administration shall consider the extent to which Alaska
    is not served by transportation modes other than aviation, and
    shall establish such regulatory distinctions as the Administrator
    considers appropriate.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110; Pub. L.
    103-305, title II, Sec. 202, Aug. 23, 1994, 108 Stat. 1582; Pub. L.
    106-181, title I, Sec. 156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L.
    107-71, title I, Sec. 140(c), Nov. 19, 2001, 115 Stat. 641.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40113(a)       49 App.:1324(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 204(a),       
                                            313(a), 72 Stat. 743, 752.  
                   49 App.:1354(a).                                     
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40113(b)       49 App.:1472(h)(1),     Aug. 23, 1958, Pub. L.       
                    (3).                    85-726, Sec. 902(h)(1), (3),
                                            72 Stat. 785; restated Jan. 
                                            3, 1975, Pub. L. 93-633,    
                                            Sec. 113(c), 88 Stat. 2162, 
                                            2163.                       
    40113(c)       49 App.:1505.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 1105, 72 Stat. 
                                            798; Oct. 15, 1962, Pub. L. 
                                            87-810, Sec. 3, 76 Stat. 921.
                   49 App.:1655(c)(1).                                  
    40113(d)       49 App.:1354(e).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            313(e); added Dec. 30, 1987,
                                            Pub. L. 100-223, Sec. 205,  
                                            101 Stat. 1521.             
    --------------------------------------------------------------------

      In subsections (a), (c), and (d), the word "Administrator" in
    sections 313(a) and (e) and 1105 of the Federal Aviation Act of
    1958 (Public Law 85-726, 72 Stat. 752, 798) is retained on
    authority of 49:106(g).
      Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to
    eliminate unnecessary words. The word "standards" is added for
    consistency.
      In subsection (b), the words "his responsibilities under" and
    "safe" are omitted as surplus.
      In subsection (c), the words "department, agency, and
    instrumentality" are substituted for "agency" and "governmental
    agency" for consistency in the revised title and with other titles
    of the United States Code. The text of 49 App.:1505 (2d, 3d
    sentences) is omitted as superseded by 49 App.:1903(b), restated in
    sections 1105, 1110, and 1111 of the revised title. The word
    "existing" is omitted as surplus.
      In subsection (d), the text of 49 App.:1354(e) (last sentence) is
    omitted because of 49:322(a).

                                AMENDMENTS                            
      2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(c)(1), inserted "the
    Under Secretary of Transportation for Security with respect to
    security duties and powers designated to be carried out by the
    Under Secretary or" before "the Administrator of the Federal
    Aviation Administration" and substituted ", Under Secretary, or
    Administrator" for "or Administrator".
      Subsec. (d). Pub. L. 107-71, Sec. 140(c)(2), inserted "Under
    Secretary of Transportation for Security or the" after "The" and
    substituted "employee of the Transportation Security Administration
    or Federal Aviation Administration, as the case may be," for
    "employee of the Administration" and "the Under Secretary or
    Administrator, as the case may be, decides" for "the Administrator
    decides".
      2000 - Subsec. (f). Pub. L. 106-181 added subsec. (f).
      1994 - Subsec. (e). Pub. L. 103-305 added subsec. (e).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.


-MISC2-
                  ADMINISTRATIVE SERVICES FRANCHISE FUND              
      Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957,
    provided in part that: "There is hereby established in the Treasury
    a fund, to be available without fiscal year limitation, for the
    costs of capitalizing and operating such administrative services as
    the FAA Administrator determines may be performed more
    advantageously as centralized services, including accounting,
    international training, payroll, travel, duplicating, multimedia
    and information technology services: Provided, That any
    inventories, equipment, and other assets pertaining to the services
    to be provided by such fund, either on hand or on order, less the
    related liabilities or unpaid obligations, and any appropriations
    made prior to the current year for the purpose of providing capital
    shall be used to capitalize such fund: Provided further, That such
    fund shall be paid in advance from funds available to the FAA and
    other Federal agencies for which such centralized services are
    performed, at rates which will return in full all expenses of
    operation, including accrued leave, depreciation of fund plant and
    equipment, amortization of Automated Data Processing (ADP) software
    and systems (either required or donated), and an amount necessary
    to maintain a reasonable operating reserve, as determined by the
    FAA Administrator: Provided further, That such fund shall provide
    services on a competitive basis: Provided further, That an amount
    not to exceed four percent of the total annual income to such fund
    may be retained in the fund for fiscal year 1997 and each year
    thereafter, to remain available until expended, to be used for the
    acquisition of capital equipment and for the improvement and
    implementation of FAA financial management, ADP, and support
    systems: Provided further, That no later than thirty days after the
    end of each fiscal year, amounts in excess of this reserve
    limitation shall be transferred to miscellaneous receipts in the
    Treasury."

                 AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM             
      Pub. L. 106-69, title III, Sec. 337, Oct. 9, 1999, 113 Stat.
    1022, which provided that none of the funds in Pub. L. 106-69 were
    to be available for activities under the Aircraft Purchase Loan
    Guarantee Program during fiscal year 2000, was from the Department
    of Transportation and Related Agencies Appropriations Act, 2000,
    and was not repeated in subsequent appropriations acts. Similar
    provisions were contained in the following prior appropriation
    acts:
      Pub. L. 105-277, div. A, Sec. 101(g) [title I], Oct. 21, 1998,
    112 Stat. 2681-439, 2681-446.
      Pub. L. 105-66, title I, Oct. 27, 1997, 111 Stat. 1431.
      Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957.
      Pub. L. 104-50, title I, Nov. 15, 1995, 109 Stat. 442.
      Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2476.
      Pub. L. 103-122, title I, Oct. 27, 1993, 107 Stat. 1205.
      Pub. L. 102-388, title I, Oct. 6, 1992, 106 Stat. 1527.
      Pub. L. 102-143, title I, Oct. 28, 1991, 105 Stat. 924.
      Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2161.
      Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1076.
      Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2131.
      Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat.
    1329-358, 1329-363.
      Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986,
    100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) [H.R. 5205,
    title I], Oct. 30, 1986, 100 Stat. 3341-308.
      Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat.
    1267, 1273.
      Pub. L. 98-473, title I, Sec. 3101(i) [title I], Oct. 12, 1984,
    98 Stat. 1944, 1950.
      Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 458.
      Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 339.

-End-



-CITE-
    49 USC Sec. 40114                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40114. Reports and records

-STATUTE-
      (a) Written Reports. - (1) Except as provided in this part, the
    Secretary of Transportation (or the Administrator of the Federal
    Aviation Administration with respect to aviation safety duties and
    powers designated to be carried out by the Administrator) shall
    make a written report of each proceeding and investigation under
    this part in which a formal hearing was held and shall provide a
    copy to each party to the proceeding or investigation. The report
    shall include the decision, conclusions, order, and requirements of
    the Secretary or Administrator as appropriate.
      (2) The Secretary (or the Administrator with respect to aviation
    safety duties and powers designated to be carried out by the
    Administrator) shall have all reports, orders, decisions, and
    regulations the Secretary or Administrator, as appropriate, issues
    or prescribes published in the form and way best adapted for public
    use. A publication of the Secretary or Administrator is competent
    evidence of its contents.
      (b) Public Records. - Except as provided in subpart II of this
    part, copies of tariffs and arrangements filed with the Secretary
    under subpart II, and the statistics, tables, and figures contained
    in reports made to the Secretary under subpart II, are public
    records. The Secretary is the custodian of those records. A public
    record, or a copy or extract of it, certified by the Secretary
    under the seal of the Department of Transportation is competent
    evidence in an investigation by the Secretary and in a judicial
    proceeding.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40114(a)(1)    49 App.:1324(d)         Aug. 23, 1958, Pub. L.       
                    (1st, 2d sentences).     85-726, Secs. 204(d),       
                                            313(b), 1103, 72 Stat. 743, 
                                            753, 797.                   
                   49 App.:1354(b)                                      
                    (1st, 2d sentences).                                 
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    40114(a)(2)    49 App.:1324(d)                                      
                    (3d, last                                           
                    sentences).                                         
                   49 App.:1354(b)                                      
                    (3d, last                                           
                    sentences).                                         
                   49                                                   
                    App.:1551(b)(1)(E).                                 
                   49 App.:1655(c)(1).                                  
    40114(b)       49 App.:1503.                                        
                   49                                                   
                    App.:1551(b)(1)(E).                                 
    --------------------------------------------------------------------

      In subsection (a), the word "Administrator" in section 313(b) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753)
    is retained on authority of 49:106(g).
      In subsection (a)(1), the words "otherwise", "requirement in the
    premises", and "shall be entered of record" are omitted as surplus.
      In subsection (a)(2), the word "rules" is omitted as being
    synonymous with "regulations". The word "prescribes" is added for
    consistency in the revised title and with other titles of the
    United States Code. The words "under this chapter" and "information
    and" are omitted as surplus. The words "A publication of the
    Secretary or Administrator is competent evidence of its contents"
    is substituted for 49 App.:1324(d) (last sentence) to eliminate
    unnecessary words and for consistency.
      In subsection (b), the words "otherwise", "all contracts,
    agreements, understandings, and", "annual or other", "of air
    carriers and other persons", and "preserved as" are omitted as
    surplus. The last sentence is substituted for 49 App.:1503 (words
    after 7th comma) to eliminate unnecessary words and for
    consistency.

-End-



-CITE-
    49 USC Sec. 40115                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40115. Withholding information

-STATUTE-
      (a) Objections to Disclosure. - (1) A person may object to the
    public disclosure of information - 
        (A) in a record filed under this part; or
        (B) obtained under this part by the Secretary of Transportation
      or State or the United States Postal Service.

      (2) An objection must be in writing and must state the reasons
    for the objection. The Secretary of Transportation or State or the
    Postal Service shall order the information withheld from public
    disclosure when the appropriate Secretary or the Postal Service
    decides that disclosure of the information would - 
        (A) prejudice the United States Government in preparing and
      presenting its position in international negotiations; or
        (B) have an adverse effect on the competitive position of an
      air carrier in foreign air transportation.

      (b) Withholding Information From Congress. - This section does
    not authorize information to be withheld from a committee of
    Congress authorized to have the information.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1111.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40115          49 App.:1504.           Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 1104, 72 Stat. 
                                            797; restated Oct. 24, 1978,
                                            Pub. L. 95-504, Sec. 39, 92 
                                            Stat. 1743; Feb. 15, 1980,  
                                            Pub. L. 96-192, Sec. 19, 94 
                                            Stat. 43.                   
    --------------------------------------------------------------------

      In subsection (a)(1)(B), the words "the Secretary of
    Transportation or State or the United States Postal Service" are
    substituted for "the Board, the Secretary of State, or the
    Secretary of Transportation" because under 49 App.:1551 the duties
    of the Civil Aeronautics Board were transferred to the Secretary of
    Transportation and the Postal Service.
      In subsection (a)(2), the words "shall order the information
    withheld from public disclosure when the appropriate Secretary or
    the Postal Service decides that disclosure of the information" are
    substituted for "shall be withheld from public disclosure by the
    Board, the Secretary of State or the Secretary of Transportation"
    for clarity and because of the restatement.
      In subsection (b), the words "The Board, the Secretary of State,
    or the Secretary of Transportation, as the case may be, shall be
    responsible for classified information in accordance with
    appropriate law" are omitted as surplus.

-End-



-CITE-
    49 USC Sec. 40116                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40116. State taxation

-STATUTE-
      (a) Definition. - In this section, "State" includes the District
    of Columbia, a territory or possession of the United States, and a
    political authority of at least 2 States.
      (b) Prohibitions. - Except as provided in subsection (c) of this
    section and section 40117 of this title, a State, a political
    subdivision of a State, and any person that has purchased or leased
    an airport under section 47134 of this title may not levy or
    collect a tax, fee, head charge, or other charge on - 
        (1) an individual traveling in air commerce;
        (2) the transportation of an individual traveling in air
      commerce;
        (3) the sale of air transportation; or
        (4) the gross receipts from that air commerce or
      transportation.

      (c) Aircraft Taking Off or Landing in State. - A State or
    political subdivision of a State may levy or collect a tax on or
    related to a flight of a commercial aircraft or an activity or
    service on the aircraft only if the aircraft takes off or lands in
    the State or political subdivision as part of the flight.
      (d) Unreasonable Burdens and Discrimination Against Interstate
    Commerce. - (1) In this subsection - 
        (A) "air carrier transportation property" means property (as
      defined by the Secretary of Transportation) that an air carrier
      providing air transportation owns or uses.
        (B) "assessment" means valuation for a property tax levied by a
      taxing district.
        (C) "assessment jurisdiction" means a geographical area in a
      State used in determining the assessed value of property for ad
      valorem taxation.
        (D) "commercial and industrial property" means property (except
      transportation property and land used primarily for agriculture
      or timber growing) devoted to a commercial or industrial use and
      subject to a property tax levy.

      (2)(A) A State, political subdivision of a State, or authority
    acting for a State or political subdivision may not do any of the
    following acts because those acts unreasonably burden and
    discriminate against interstate commerce:
        (i) assess air carrier transportation property at a value that
      has a higher ratio to the true market value of the property than
      the ratio that the assessed value of other commercial and
      industrial property of the same type in the same assessment
      jurisdiction has to the true market value of the other commercial
      and industrial property.
        (ii) levy or collect a tax on an assessment that may not be
      made under clause (i) of this subparagraph.
        (iii) levy or collect an ad valorem property tax on air carrier
      transportation property at a tax rate greater than the tax rate
      applicable to commercial and industrial property in the same
      assessment jurisdiction.
        (iv) levy or collect a tax, fee, or charge, first taking effect
      after August 23, 1994, exclusively upon any business located at a
      commercial service airport or operating as a permittee of such an
      airport other than a tax, fee, or charge wholly utilized for
      airport or aeronautical purposes.

      (B) Subparagraph (A) of this paragraph does not apply to an in
    lieu tax completely used for airport and aeronautical purposes.
      (e) Other Allowable Taxes and Charges. - Except as provided in
    subsection (d) of this section, a State or political subdivision of
    a State may levy or collect - 
        (1) taxes (except those taxes enumerated in subsection (b) of
      this section), including property taxes, net income taxes,
      franchise taxes, and sales or use taxes on the sale of goods or
      services; and
        (2) reasonable rental charges, landing fees, and other service
      charges from aircraft operators for using airport facilities of
      an airport owned or operated by that State or subdivision.

      (f) Pay of Air Carrier Employees. - (1) In this subsection - 
        (A) "pay" means money received by an employee for services.
        (B) "State" means a State of the United States, the District of
      Columbia, and a territory or possession of the United States.
        (C) an employee is deemed to have earned 50 percent of the
      employee's pay in a State or political subdivision of a State in
      which the scheduled flight time of the employee in the State or
      subdivision is more than 50 percent of the total scheduled flight
      time of the employee when employed during the calendar year.

      (2) The pay of an employee of an air carrier having regularly
    assigned duties on aircraft in at least 2 States is subject to the
    income tax laws of only the following:
        (A) the State or political subdivision of the State that is the
      residence of the employee.
        (B) the State or political subdivision of the State in which
      the employee earns more than 50 percent of the pay received by
      the employee from the carrier.

      (3) Compensation paid by an air carrier to an employee described
    in subsection (a) in connection with such employee's authorized
    leave or other authorized absence from regular duties on the
    carrier's aircraft in order to perform services on behalf of the
    employee's airline union shall be subject to the income tax laws of
    only the following:
        (A) The State or political subdivision of the State that is the
      residence of the employee.
        (B) The State or political subdivision of the State in which
      the employee's scheduled flight time would have been more than 50
      percent of the employee's total scheduled flight time for the
      calendar year had the employee been engaged full time in the
      performance of regularly assigned duties on the carrier's
      aircraft.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1111; Pub. L.
    103-305, title I, Sec. 112(e), title II, Sec. 208, Aug. 23, 1994,
    108 Stat. 1576, 1588; Pub. L. 104-264, title I, Sec. 149(b), Oct.
    9, 1996, 110 Stat. 3226; Pub. L. 104-287, Sec. 5(66), Oct. 11,
    1996, 110 Stat. 3395.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40116(a)       49                      Aug. 23, 1958, Pub. L.       
                    App.:1513(d)(2)(E).     85-726, 72 Stat. 731, Sec.  
                                            1113(d); added Sept. 3,     
                                            1982, Pub. L. 97-248, Sec.  
                                            532(b), 96 Stat. 701.       
                   49 App.:1513(f)         Aug. 23, 1958, Pub. L.       
                    (words in               85-726, 72 Stat. 731, Sec.  
                    parentheses).           1113(f); added Nov. 5, 1990,
                                            Pub. L. 101-508, Sec. 9125, 
                                            104 Stat. 1388-370.         
    40116(b)       49 App.:1513(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1113(a); added June 18,     
                                            1973, Pub. L. 93-44, Sec.   
                                            7(a), 87 Stat. 90; Nov. 5,  
                                            1990, Pub. L. 101-508, Sec. 
                                            9110(1), 104 Stat. 1388-357.
    40116(c)       49 App.:1513(f)                                      
                    (less words in                                      
                    parentheses).                                       
    40116(d)       49 App.:1513(d)(1),                                  
                    (2)(A)-(D), (3).                                    
    40116(e)       49 App.:1513(b).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1113(b); added June 18,     
                                            1973, Pub. L. 93-44, Sec.   
                                            7(a), 87 Stat. 90; Sept. 3, 
                                            1982, Pub. L. 97-248, Sec.  
                                            532(a), 96 Stat. 701.       
    40116(f)       49 App.:1512(c).        Aug. 23, 1958, Pub. L.       
     (1)(A), (B)                             85-726, 72 Stat. 731, Sec.  
                                            1112; added Dec. 23, 1970,  
                                            Pub. L. 91-569, Sec. 4(a),  
                                            84 Stat. 1502; restated Feb.
                                            18, 1980, Pub. L. 96-193,   
                                            Sec. 402, 94 Stat. 57.      
    40116(f)       49 App.:1512(b).                                     
     (1)(C)                                                             
    40116(f)(2)    49 App.:1512(a).                                     
    --------------------------------------------------------------------

      Subsection (a) is made applicable to subsections (b) and (e) of
    this section to avoid having to repeat the term being defined. In
    subsection (a), the words "Commonwealth of Puerto Rico, the Virgin
    Islands, Guam" are omitted as surplus because of the definition of
    "territory or possession of the United States" in section 40102(a)
    of the revised title. The word "authority" is substituted for
    "agencies" for consistency in the revised title and with other
    titles of the United States Code.
      In subsection (b), before clause (1), reference to 49
    App.:1513(f), restated as subsection (c) of this section, is added
    for clarity. The words "directly or indirectly" are omitted as
    surplus. The text of 49 App.:1513(a) (words after "subsection (e)
    and") is omitted as surplus.
      In subsections (d)(2)(A), before clause (i), and (f)(1)(C) and
    (2), the word "political" is added for consistency in the revised
    title and with other titles of the Code.
      In subsection (f)(1)(A), the word "pay" is substituted for
    "compensation" for consistency in the revised title and with
    chapter 55 of title 5, United States Code. The words "rendered by
    the employee in the performance of his duties and shall include
    wages and salary" are omitted as surplus.
      In subsection (f)(1)(B), the words "means a State of the United
    States" are substituted for "also means" for clarity.
      In subsection (f)(1)(C), the words "of a State" are added for
    clarity.
      In subsection (f)(2), before clause (A), the words "as such an
    employee" are omitted as surplus.

                              PUB. L. 104-287                          
      This amends 49:40116(d)(2)(A)(iv) to conform to the style of
    title 49 and to set out the effective date for this clause.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-264, in introductory provisions,
    substituted "a State, a" for "a State or" and inserted ", and any
    person that has purchased or leased an airport under section 47134
    of this title" after "of a State".
      Subsec. (d)(2)(A)(iv). Pub. L. 104-287, which directed
    substitution of "August 23, 1994" for "the date of enactment of
    this clause", was executed by making the substitution for "the date
    of the enactment of this clause" to reflect the probable intent of
    Congress.
      Pub. L. 104-287 substituted "levy" for "Levy".
      1994 - Subsec. (d)(2)(A)(iv). Pub. L. 103-305, Sec. 112(e), added
    cl. (iv).
      Subsec. (f)(3). Pub. L. 103-305, Sec. 208, added par. (3).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 40117                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40117. Passenger facility fees

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Airport, commercial service airport, and public agency. -
      The terms "airport", "commercial service airport", and "public
      agency" have the meaning those terms have under section 47102.
        (2) Eligible agency. - The term "eligible agency" means a
      public agency that controls a commercial service airport.
        (3) Eligible airport-related project. - The term "eligible
      airport-related project" means any of the following projects:
          (A) A project for airport development or airport planning
        under subchapter I of chapter 471.
          (B) A project for terminal development described in section
        47110(d).
          (C) A project for costs of terminal development referred to
        in subparagraph (B) incurred after August 1, 1986, at an
        airport that did not have more than .25 percent of the total
        annual passenger boardings in the United States in the most
        recent calendar year for which data is available and at which
        total passenger boardings declined by at least 16 percent
        between calendar year 1989 and calendar year 1997.
          (D) A project for airport noise capability planning under
        section 47505.
          (E) A project to carry out noise compatibility measures
        eligible for assistance under section 47504, whether or not a
        program for those measures has been approved under section
        47504.
          (F) A project for constructing gates and related areas at
        which passengers board or exit aircraft. In the case of a
        project required to enable additional air service by an air
        carrier with less than 50 percent of the annual passenger
        boardings at an airport, the project for constructing gates and
        related areas may include structural foundations and floor
        systems, exterior building walls and load-bearing interior
        columns or walls, windows, door and roof systems, building
        utilities (including heating, air conditioning, ventilation,
        plumbing, and electrical service), and aircraft fueling
        facilities adjacent to the gate.
          (G) A project for converting vehicles and ground support
        equipment used at a commercial service airport to low-emission
        technology (as defined in section 47102) or to use cleaner
        burning conventional fuels, retrofitting of any such vehicles
        or equipment that are powered by a diesel or gasoline engine
        with emission control technologies certified or verified by the
        Environmental Protection Agency to reduce emissions, or
        acquiring for use at a commercial service airport vehicles and
        ground support equipment that include low-emission technology
        or use cleaner burning fuels if the airport is located in an
        air quality nonattainment area (as defined in section 171(2) of
        the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area
        referred to in section 175A of such Act (42 U.S.C. 7505a) and
        if such project will result in an airport receiving appropriate
        emission credits as described in section 47139.

        (4) Ground support equipment. - The term "ground support
      equipment" means service and maintenance equipment used at an
      airport to support aeronautical operations and related
      activities.
        (5) Passenger facility fee. - The term "passenger facility fee"
      means a fee imposed under this section.
        (6) Passenger facility revenue. - The term "passenger facility
      revenue" means revenue derived from a passenger facility fee.

      (b) General Authority. - (1) The Secretary of Transportation may
    authorize under this section an eligible agency to impose a
    passenger facility fee of $1, $2, or $3 on each paying passenger of
    an air carrier or foreign air carrier boarding an aircraft at an
    airport the agency controls to finance an eligible airport-related
    project, including making payments for debt service on indebtedness
    incurred to carry out the project, to be carried out in connection
    with the airport or any other airport the agency controls.
      (2) A State, political subdivision of a State, or authority of a
    State or political subdivision that is not the eligible agency may
    not regulate or prohibit the imposition or collection of a
    passenger facility fee or the use of the passenger facility
    revenue.
      (3) A passenger facility fee may be imposed on a passenger of an
    air carrier or foreign air carrier originating or connecting at the
    commercial service airport that the agency controls.
      (4) In lieu of authorizing a fee under paragraph (1), the
    Secretary may authorize under this section an eligible agency to
    impose a passenger facility fee of $4.00 or $4.50 on each paying
    passenger of an air carrier or foreign air carrier boarding an
    aircraft at an airport the agency controls to finance an eligible
    airport-related project, including making payments for debt service
    on indebtedness incurred to carry out the project, if the Secretary
    finds - 
        (A) in the case of an airport that has more than .25 percent of
      the total number of annual boardings in the United States, that
      the project will make a significant contribution to improving air
      safety and security, increasing competition among air carriers,
      reducing current or anticipated congestion, or reducing the
      impact of aviation noise on people living near the airport; and
        (B) that the project cannot be paid for from funds reasonably
      expected to be available for the programs referred to in section
      48103.

      (5) Maximum cost for certain low-emission technology projects. -
    The maximum cost that may be financed by imposition of a passenger
    facility fee under this section for a project described in
    subsection (a)(3)(G) with respect to a vehicle or ground support
    equipment may not exceed the incremental amount of the project cost
    that is greater than the cost of acquiring a vehicle or equipment
    that is not low-emission and would be used for the same purpose, or
    the cost of low-emission retrofitting, as determined by the
    Secretary.
      (6) Debt service for certain projects. - In addition to the uses
    specified in paragraphs (1) and (4), the Secretary may authorize a
    passenger facility fee imposed under paragraph (1) or (4) to be
    used for making payments for debt service on indebtedness incurred
    to carry out at the airport a project that is not an eligible
    airport-related project if the Secretary determines that such use
    is necessary due to the financial need of the airport.

      (c) Applications. - (1) An eligible agency must submit to the
    Secretary an application for authority to impose a passenger
    facility fee. The application shall contain information and be in
    the form that the Secretary may require by regulation.
      (2) Before submitting an application, the eligible agency must
    provide reasonable notice to, and an opportunity for consultation
    with, air carriers and foreign air carriers operating at the
    airport. The Secretary shall prescribe regulations that define
    reasonable notice and contain at least the following requirements:
        (A) The agency must provide written notice of individual
      projects being considered for financing by a passenger facility
      fee and the date and location of a meeting to present the
      projects to air carriers and foreign air carriers operating at
      the airport.
        (B) Not later than 30 days after written notice is provided
      under subparagraph (A) of this paragraph, each air carrier and
      foreign air carrier operating at the airport must provide to the
      agency written notice of receipt of the notice. Failure of a
      carrier to provide the notice may be deemed certification of
      agreement with the project by the carrier under subparagraph (D)
      of this paragraph.
        (C) Not later than 45 days after written notice is provided
      under subparagraph (A) of this paragraph, the agency must conduct
      a meeting to provide air carriers and foreign air carriers with
      descriptions of projects and justifications and a detailed
      financial plan for projects.
        (D) Not later than 30 days after the meeting, each air carrier
      and foreign air carrier must provide to the agency certification
      of agreement or disagreement with projects (or total plan for the
      projects). Failure to provide the certification is deemed
      certification of agreement with the project by the carrier. A
      certification of disagreement is void if it does not contain the
      reasons for the disagreement.
        (E) The agency must include in its application or notice
      submitted under subparagraph (A) copies of all certifications of
      agreement or disagreement received under subparagraph (D).
        (F) For the purpose of this section, an eligible agency
      providing notice and an opportunity for consultation to an air
      carrier or foreign air carrier is deemed to have satisfied the
      requirements of this paragraph if the eligible agency limits such
      notices and consultations to air carriers and foreign air
      carriers that have a significant business interest at the
      airport. In the subparagraph, the term "significant business
      interest" means an air carrier or foreign air carrier that had no
      less than 1.0 percent of passenger boardings at the airport in
      the prior calendar year, had at least 25,000 passenger boardings
      at the airport in the prior calendar year, or provides scheduled
      service at the airport.

      (3) Before submitting an application, the eligible agency must
    provide reasonable notice and an opportunity for public comment.
    The Secretary shall prescribe regulations that define reasonable
    notice and provide for at least the following under this paragraph:
        (A) A requirement that the eligible agency provide public
      notice of intent to collect a passenger facility fee so as to
      inform those interested persons and agencies that may be
      affected. The public notice may include - 
          (i) publication in local newspapers of general circulation;
          (ii) publication in other local media; and
          (iii) posting the notice on the agency's Internet website.

        (B) A requirement for submission of public comments no sooner
      than 30 days, and no later than 45 days, after the date of the
      publication of the notice.
        (C) A requirement that the agency include in its application or
      notice submitted under subparagraph (A) copies of all comments
      received under subparagraph (B).

      (4) After receiving an application, the Secretary may provide
    notice and an opportunity to air carriers, foreign air carriers,
    and other interested persons to comment on the application. The
    Secretary shall make a final decision on the application not later
    than 120 days after receiving it.
      (d) Limitations on Approving Applications. - The Secretary may
    approve an application that an eligible agency has submitted under
    subsection (c) of this section to finance a specific project only
    if the Secretary finds, based on the application, that - 
        (1) the amount and duration of the proposed passenger facility
      fee will result in revenue (including interest and other returns
      on the revenue) that is not more than the amount necessary to
      finance the specific project;
        (2) each project is an eligible airport-related project that
      will - 
          (A) preserve or enhance capacity, safety, or security of the
        national air transportation system;
          (B) reduce noise resulting from an airport that is part of
        the system; or
          (C) provide an opportunity for enhanced competition between
        or among air carriers and foreign air carriers;

        (3) the application includes adequate justification for each of
      the specific projects; and
        (4) in the case of an application to impose a fee of more than
      $3.00 for an eligible surface transportation or terminal project,
      the agency has made adequate provision for financing the airside
      needs of the airport, including runways, taxiways, aprons, and
      aircraft gates.

      (e) Limitations on Imposing Fees. - (1) An eligible agency may
    impose a passenger facility fee only - 
        (A) if the Secretary approves an application that the agency
      has submitted under subsection (c) of this section; and
        (B) subject to terms the Secretary may prescribe to carry out
      the objectives of this section.

      (2) A passenger facility fee may not be collected from a
    passenger - 
        (A) for more than 2 boardings on a one-way trip or a trip in
      each direction of a round trip;
        (B) for the boarding to an eligible place under subchapter II
      of chapter 417 of this title for which essential air service
      compensation is paid under subchapter II;
        (C) enplaning at an airport if the passenger did not pay for
      the air transportation which resulted in such enplanement,
      including any case in which the passenger obtained the ticket for
      the air transportation with a frequent flier award coupon without
      monetary payment;
        (D) on flights, including flight segments, between 2 or more
      points in Hawaii;
        (E) in Alaska aboard an aircraft having a seating capacity of
      less than 60 passengers; and
        (F) enplaning at an airport if the passenger did not pay for
      the air transportation which resulted in such enplanement due to
      charter arrangements and payment by the Department of Defense.

      (f) Limitations on Contracts, Leases, and Use Agreements. - (1) A
    contract between an air carrier or foreign air carrier and an
    eligible agency made at any time may not impair the authority of
    the agency to impose a passenger facility fee or to use the
    passenger facility revenue as provided in this section.
      (2) A project financed with a passenger facility fee may not be
    subject to an exclusive long-term lease or use agreement of an air
    carrier or foreign air carrier, as defined by regulations of the
    Secretary.
      (3) A lease or use agreement of an air carrier or foreign air
    carrier related to a project whose construction or expansion was
    financed with a passenger facility fee may not restrict the
    eligible agency from financing, developing, or assigning new
    capacity at the airport with passenger facility revenue.
      (g) Treatment of Revenue. - (1) Passenger facility revenue is not
    airport revenue for purposes of establishing a price under a
    contract between an eligible agency and an air carrier or foreign
    air carrier.
      (2) An eligible agency may not include in its price base the part
    of the capital costs of a project paid for by using passenger
    facility revenue to establish a price under a contract between the
    agency and an air carrier or foreign air carrier.
      (3) For a project for terminal development, gates and related
    areas, or a facility occupied or used by at least one air carrier
    or foreign air carrier on an exclusive or preferential basis, a
    price payable by an air carrier or foreign air carrier using the
    facilities must at least equal the price paid by an air carrier or
    foreign air carrier using a similar facility at the airport that
    was not financed with passenger facility revenue.
      (4) Passenger facility revenues that are held by an air carrier
    or an agent of the carrier after collection of a passenger facility
    fee constitute a trust fund that is held by the air carrier or
    agent for the beneficial interest of the eligible agency imposing
    the fee. Such carrier or agent holds neither legal nor equitable
    interest in the passenger facility revenues except for any handling
    fee or retention of interest collected on unremitted proceeds as
    may be allowed by the Secretary.
      (h) Compliance. - (1) As necessary to ensure compliance with this
    section, the Secretary shall prescribe regulations requiring
    recordkeeping and auditing of accounts maintained by an air carrier
    or foreign air carrier and its agent collecting a passenger
    facility fee and by the eligible agency imposing the fee.
      (2) The Secretary periodically shall audit and review the use by
    an eligible agency of passenger facility revenue. After review and
    a public hearing, the Secretary may end any part of the authority
    of the agency to impose a passenger facility fee to the extent the
    Secretary decides that the revenue is not being used as provided in
    this section.
      (3) The Secretary may set off amounts necessary to ensure
    compliance with this section against amounts otherwise payable to
    an eligible agency under subchapter I of chapter 471 of this title
    if the Secretary decides a passenger facility fee is excessive or
    that passenger facility revenue is not being used as provided in
    this section.
      (i) Regulations. - The Secretary shall prescribe regulations
    necessary to carry out this section. The regulations - 
        (1) may prescribe the time and form by which a passenger
      facility fee takes effect;
        (2) shall - 
          (A) require an air carrier or foreign air carrier and its
        agent to collect a passenger facility fee that an eligible
        agency imposes under this section;
          (B) establish procedures for handling and remitting money
        collected;
          (C) ensure that the money, less a uniform amount the
        Secretary determines reflects the average necessary and
        reasonable expenses (net of interest accruing to the carrier
        and agent after collection and before remittance) incurred in
        collecting and handling the fee, is paid promptly to the
        eligible agency for which they are collected; and
          (D) require that the amount collected for any air
        transportation be noted on the ticket for that air
        transportation; and

        (3) may permit an eligible agency to request that collection of
      a passenger facility fee be waived for - 
          (A) passengers enplaned by any class of air carrier or
        foreign air carrier if the number of passengers enplaned by the
        carriers in the class constitutes not more than one percent of
        the total number of passengers enplaned annually at the airport
        at which the fee is imposed; or
          (B) passengers enplaned on a flight to an airport - 
            (i) that has fewer than 2,500 passenger boardings each year
          and receives scheduled passenger service; or
            (ii) in a community which has a population of less than
          10,000 and is not connected by a land highway or vehicular
          way to the land-connected National Highway System within a
          State.

      (j) Limitation on Certain Actions. - A State, political
    subdivision of a State, or authority of a State or political
    subdivision that is not the eligible agency may not tax, regulate,
    or prohibit or otherwise attempt to control in any manner, the
    imposition or collection of a passenger facility fee or the use of
    the revenue from the passenger facility fee.
      (k) Competition Plans. - 
        (1) In general. - Beginning in fiscal year 2001, no eligible
      agency may impose a passenger facility fee under this section
      with respect to a covered airport (as such term is defined in
      section 47106(f)) unless the agency has submitted to the
      Secretary a written competition plan in accordance with such
      section. This subsection does not apply to passenger facility
      fees in effect before the date of the enactment of this
      subsection.
        (2) Secretary shall ensure implementation and compliance. - The
      Secretary shall review any plan submitted under paragraph (1) to
      ensure that it meets the requirements of this section, and shall
      review its implementation from time-to-time to ensure that each
      covered airport successfully implements its plan.

      (l) Pilot Program for Passenger Facility Fee Authorizations at
    Nonhub Airports. - 
        (1) In general. - The Secretary shall establish a pilot program
      to test alternative procedures for authorizing eligible agencies
      for nonhub airports to impose passenger facility fees. An
      eligible agency may impose in accordance with the provisions of
      this subsection a passenger facility fee under this section. For
      purposes of the pilot program, the procedures in this subsection
      shall apply instead of the procedures otherwise provided in this
      section.
        (2) Notice and opportunity for consultation. - The eligible
      agency must provide reasonable notice and an opportunity for
      consultation to air carriers and foreign air carriers in
      accordance with subsection (c)(2) and must provide reasonable
      notice and opportunity for public comment in accordance with
      subsection (c)(3).
        (3) Notice of intention. - The eligible agency must submit to
      the Secretary a notice of intention to impose a passenger
      facility fee under this subsection. The notice shall include - 
          (A) information that the Secretary may require by regulation
        on each project for which authority to impose a passenger
        facility fee is sought;
          (B) the amount of revenue from passenger facility fees that
        is proposed to be collected for each project; and
          (C) the level of the passenger facility fee that is proposed.

        (4) Acknowledgement of receipt and indication of objection. -
      The Secretary shall acknowledge receipt of the notice and
      indicate any objection to the imposition of a passenger facility
      fee under this subsection for any project identified in the
      notice within 30 days after receipt of the eligible agency's
      notice.
        (5) Authority to impose fee. - Unless the Secretary objects
      within 30 days after receipt of the eligible agency's notice, the
      eligible agency is authorized to impose a passenger facility fee
      in accordance with the terms of its notice under this subsection.
        (6) Regulations. - Not later than 180 days after the date of
      enactment of this subsection, the Secretary shall propose such
      regulations as may be necessary to carry out this subsection.
        (7) Sunset. - This subsection shall cease to be effective
      beginning on the date that is 3 years after the date of issuance
      of regulations to carry out this subsection.
        (8) Acknowledgement not an order. - An acknowledgement issued
      under paragraph (4) shall not be considered an order issued by
      the Secretary for purposes of section 46110.

      (m) Financial Management of Fees. - 
        (1) Handling of fees. - A covered air carrier shall segregate
      in a separate account passenger facility revenue equal to the
      average monthly liability for fees collected under this section
      by such carrier or any of its agents for the benefit of the
      eligible agencies entitled to such revenue.
        (2) Trust fund status. - If a covered air carrier or its agent
      fails to segregate passenger facility revenue in violation of the
      subsection, the trust fund status of such revenue shall not be
      defeated by an inability of any party to identify and trace the
      precise funds in the accounts of the air carrier.
        (3) Prohibition. - A covered air carrier and its agents may not
      grant to any third party any security or other interest in
      passenger facility revenue.
        (4) Compensation to eligible entities. - A covered air carrier
      that fails to comply with any requirement of this subsection, or
      otherwise unnecessarily causes an eligible entity to expend
      funds, through litigation or otherwise, to recover or retain
      payment of passenger facility revenue to which the eligible
      entity is otherwise entitled shall be required to compensate the
      eligible agency for the costs so incurred.
        (5) Interest on amounts. - A covered air carrier that collects
      passenger facility fees is entitled to receive the interest on
      passenger facility fee accounts if the accounts are established
      and maintained in compliance with this subsection.
        (6) Existing regulations. - The provisions of section 158.49 of
      title 14, Code of Federal Regulations, that permit the
      commingling of passenger facility fees with other air carrier
      revenue shall not apply to a covered air carrier.
        (7) Covered air carrier defined. - In this section, the term
      "covered air carrier" means an air carrier that files for chapter
      7 or chapter 11 of title 11 bankruptcy protection, or has an
      involuntary chapter 7 of title 11 bankruptcy proceeding commenced
      against it, after the date of enactment of this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1113; Pub. L.
    103-305, title II, Secs. 203, 204(a)(1), (b), Aug. 23, 1994, 108
    Stat. 1582, 1583; Pub. L. 104-264, title I, Sec. 142(b)(2), title
    XII, Sec. 1202, Oct. 9, 1996, 110 Stat. 3221, 3280; Pub. L. 104-
    287, Sec. 5(67), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 106-181,
    title I, Secs. 105(a), (b), 135(a), (b), 151, 152(a), 155(c), Apr.
    5, 2000, 114 Stat. 71, 83, 86-88; Pub. L. 108-176, title I, Secs.
    121(a)-(c), 122-123(d), 124, Dec. 12, 2003, 117 Stat. 2499-2502.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40117(a)(1)    49 App.:1513(e)         Aug. 23, 1958, Pub. L.       
                    (15)(A), (B), (D).      85-726, 72 Stat. 731, Sec.  
                                            1113(e)(1)-(3), (5)-(15);   
                                            added Nov. 5, 1990, Pub. L. 
                                            101-508, Sec. 9110(2), 104  
                                            Stat. 1388-357.             
    40117(a)(2)    (no source).                                         
    40117(a)(3)    49 App.:1513(e)                                      
                    (15)(C).                                            
    40117(a)(      (no source).                                         
     4), (5)                                                            
    40117(b)(1)    49 App.:1513(e)(1).                                  
    40117(b)(2)    49 App.:1513(e)(8)                                   
                    (1st sentence).                                     
    40117(b)(3)    49 App.:1513(e)(6)                                   
                    (1st sentence).                                     
    40117(c)(      49 App.:1513(e)                                      
     1), (2)        (11)(A)-(C).                                        
    40117(c)(3)    49 App.:1513(e)                                      
                    (11)(D), (E) (last                                  
                    sentence).                                          
    40117(d)       49 App.:1513(e)(2),                                  
                    (5).                                                
    40117(e)       49 App.:1513(e)                                      
     (1)(A)         (11)(E) (1st                                        
                    sentence).                                          
    40117(e)       49 App.:1513(e)(13).                                 
     (1)(B)                                                             
    40117(e)       49 App.:1513(e)(6)                                   
     (2)(A)         (last sentence).                                    
    40117(e)       49 App.:1513(e)(3).                                  
     (2)(B)                                                             
    40117(e)       49 App.:1513(e)(4).     Aug. 23, 1958, Pub. L.       
     (2)(C)                                 85-726, 72 Stat. 731, Sec.  
                                            1113(e)(4); added Nov. 5,   
                                            1990, Pub. L. 101-508, Sec. 
                                            9110(2), 104 Stat. 1388-357;
                                            Oct. 31, 1992, Pub. L.      
                                            102-581, Sec. 105, 106 Stat.
                                            4877.                       
    40117(f)(1)    49 App.:1513(e)(8)                                   
                    (last sentence).                                    
    40117(f)(      49 App.:1513(e)(9).                                  
     2), (3)                                                            
    40117(g)       49 App.:1513(e)(7).                                  
    40117(h)       49 App.:1513(e)(12).                                 
    40117(i)       49                                                   
                    App.:1513(e)(10),                                   
                    (14).                                               
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the text of 49
    App.:1513(e)(15)(A) is omitted for clarity and because the terms
    "air carrier" and "foreign air carrier" are used the first time
    they appear in each subsection. The text of 49 App.:1513(e)(15)(D)
    is omitted because the complete name of the Secretary of
    Transportation is used the first time the term appears in this
    section. Clauses (2), (4), and (5) are added to avoid repeating the
    source provisions throughout this section. In clause (3)(D), the
    words "without regard to" are omitted as surplus.
      In subsection (b)(1), the words "bonds and other" are omitted as
    surplus.
      In subsection (b)(2), the word "limit" is omitted as being
    included in "regulate".
      In subsection (d), before clause (1), the text of 49
    App.:1513(e)(5) is omitted as executed. The words "approve an
    application that an eligible agency has submitted under subsection
    (c) of this section" are substituted for "grant a public agency
    which controls a commercial service airport authority to impose a
    fee under this subsection" for clarity.
      In subsection (e)(1)(B), the words "and conditions" are omitted
    as being included in "terms".
      Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last
    sentence) to eliminate unnecessary words.
      In subsection (e)(2)(B), the words "a public agency which
    controls any other airport", "If a passenger of an air carrier is
    being provided air service", and "with respect to such air service"
    are omitted as surplus.
      In subsection (f)(3), the words "financed with" are substituted
    for "carried out through the use of" for consistency in this
    section and to eliminate unnecessary words.
      In subsection (g), the word "price" is substituted for "rate,
    fee, or charge" and "rates, fees, and charges" to eliminate
    unnecessary words.
      In subsection (g)(2), the words "Except as provided by
    subparagraph (C)" and "by means of depreciation, amortization, or
    any other method" are omitted as surplus.
      In subsection (h)(1), the word "agent" is substituted for
    "agency" to correct an error in the source provisions.
      In subsection (i), before clause (1), the words "Not later than
    May 4, 1991" are omitted as obsolete.

                              PUB. L. 104-287                          
      This repeals 49:40117(e)(2)(C) to eliminate an executed provision
    and makes conforming amendments.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this subsection, referred to in
    subsec. (k)(1), is the date of enactment of Pub. L. 106-181, which
    was approved Apr. 5, 2000.
      The date of enactment of this subsection, referred to in subsecs.
    (l)(6) and (m)(7), is the date of enactment of Pub. L. 108-176,
    which was approved Dec. 12, 2003.


-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3)(C). Pub. L. 108-176, Sec. 123(d),
    substituted "A project for costs" for "for costs" and a period for
    the semicolon at end.
      Subsec. (a)(3)(G). Pub. L. 108-176, Sec. 121(a), added subpar.
    (G).
      Subsec. (a)(4) to (6). Pub. L. 108-176, Sec. 121(c), added par.
    (4) and redesignated former pars. (4) and (5) as (5) and (6),
    respectively.
      Subsec. (b)(5). Pub. L. 108-176, Sec. 121(b), added par. (5).
      Subsec. (b)(6). Pub. L. 108-176, Sec. 122, added par. (6).
      Subsec. (c)(2)(E), (F). Pub. L. 108-176, Sec. 123(a)(1), added
    subpars. (E) and (F).
      Subsec. (c)(3), (4). Pub. L. 108-176, Sec. 123(a)(2)-(4), added
    par. (3), redesignated former par. (3) as (4), and substituted
    "may" for "shall" in first sentence of par. (4).
      Subsec. (e)(2)(C). Pub. L. 108-176, Sec. 123(c)(1), substituted a
    semicolon for period at end.
      Subsec. (e)(2)(F). Pub. L. 108-176, Sec. 123(c)(2)-(4), added
    subpar. (F).
      Subsec. (l). Pub. L. 108-176, Sec. 123(b), added subsec. (l).
      Subsec. (m). Pub. L. 108-176, Sec. 124, added subsec. (m).
      2000 - Subsec. (a). Pub. L. 106-181, Sec. 151, amended heading
    and text of subsec. (a) generally. Prior to amendment, text read as
    follows: "In this section - 
        "(1) 'airport', 'commercial service airport', and 'public
      agency' have the same meanings given those terms in section 47102
      of this title.
        "(2) 'eligible agency' means a public agency that controls a
      commercial service airport.
        "(3)'eligible airport-related project' means a project - 
          "(A) for airport development or airport planning under
        subchapter I of chapter 471 of this title;
          "(B) for terminal development described in section 47110(d)
        of this title;
          "(C) for airport noise capability planning under section
        47505 of this title;
          "(D) to carry out noise compatibility measures eligible for
        assistance under section 47504 of this title, whether or not a
        program for those measures has been approved under section
        47504; and
          "(E) for constructing gates and related areas at which
        passengers board or exit aircraft.
        "(4) 'passenger facility fee' means a fee imposed under this
      section.
        "(5) 'passenger facility revenue' means revenue derived from a
      passenger facility fee."
      Subsec. (a)(3)(C) to (F). Pub. L. 106-181, Sec. 152(a), added
    subpar. (C) and redesignated former subpars. (C) to (E) as (D) to
    (F), respectively.
      Subsec. (b)(4). Pub. L. 106-181, Sec. 105(a), added par. (4).
      Subsec. (d)(4). Pub. L. 106-181, Sec. 105(b), added par. (4).
      Subsec. (e)(2)(D), (E). Pub. L. 106-181, Sec. 135(a), added
    subpars. (D) and (E).
      Subsec. (i)(3). Pub. L. 106-181, Sec. 135(b)(1)-(3), added par.
    (3).
      Subsec. (j). Pub. L. 106-181, Sec. 135(b)(4), added subsec. (j).
      Subsec. (k). Pub. L. 106-181, Sec. 155(c), added subsec. (k).
      1996 - Subsec. (a)(3)(D) to (F). Pub. L. 104-264, Sec. 142(b)(2),
    inserted "and" at end of subpar. (D), substituted a period for ";
    and" at end of subpar. (E), and struck out subpar. (F) which read
    as follows: "in addition to projects eligible under subparagraph
    (A), the construction, reconstruction, repair, or improvement of
    areas of an airport used for the operation of aircraft or actions
    to mitigate the environmental effects of such construction,
    reconstruction, repair, or improvement when the construction,
    reconstruction, repair, improvement, or action is necessary for
    compliance with the responsibilities of the operator or owner of
    the airport under the Americans with Disabilities Act of 1990, the
    Clean Air Act, or the Federal Water Pollution Control Act with
    respect to the airport."
      Subsec. (e)(2)(B) to (D). Pub. L. 104-287 inserted "and" at end
    of subpar. (B), redesignated subpar. (D) as (C), and struck out
    former subpar. (C) which read as follows: "for a project the
    Secretary does not approve under this section before October 1,
    1993, if, during the fiscal year ending September 30, 1993, the
    amount available for obligation under subchapter II of chapter 417
    of this title is less than $38,600,000, except that this clause - 
        "(i) does not apply if the amount available for obligation
      under subchapter II of chapter 417 of this title is less than
      $38,600,000 because of sequestration or other general
      appropriations reductions applied proportionately to
      appropriations accounts throughout an appropriation law; and
        "(ii) does not affect the authority of the Secretary to approve
      the imposition of a fee or the use of revenues, derived from a
      fee imposed under an approval made under this section, by a
      public agency that has received an approval to impose a fee under
      this section before September 30, 1993, regardless of whether the
      fee is being imposed on September 30, 1993; and".
      Subsec. (g)(4). Pub. L. 104-264, Sec. 1202, added par. (4).
      1994 - Subsec. (a)(3)(F). Pub. L. 103-305, Sec. 203, added
    subpar. (F).
      Subsec. (d)(3). Pub. L. 103-305, Sec. 204(b), added par. (3).
      Subsec. (e)(2)(D). Pub. L. 103-305, Sec. 204(a)(1), added subpar.
    (D).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                                 GUIDANCE                             
      Pub. L. 108-176, title I, Sec. 121(d), Dec. 12, 2003, 117 Stat.
    2500, provided that: "The Secretary, in consultation with the
    Administrator of the Environmental Protection Agency, shall issue
    guidance determining eligibility of projects, and how benefits to
    air quality must be demonstrated, under the amendments made by this
    section [amending this section]."

       ELIGIBILITY OF AIRPORT GROUND ACCESS TRANSPORTATION PROJECTS   
      Pub. L. 108-176, title I, Sec. 123(e), Dec. 12, 2003, 117 Stat.
    2502, provided that: "Not later than 60 days after the enactment of
    this Act [Dec. 12, 2003], the Administrator of the Federal Aviation
    Administration shall publish in the Federal Register the current
    policy of the Administration, consistent with current law, with
    respect to the eligibility of airport ground access transportation
    projects for the use of passenger facility fees under section 40117
    of title 49, United States Code."

                             COMPETITION PLANS                         
      Pub. L. 106-181, title I, Sec. 155(a), Apr. 5, 2000, 114 Stat.
    88, provided that: "The Congress makes the following findings:
        "(1) Major airports must be available on a reasonable basis to
      all air carriers wishing to serve those airports.
        "(2) 15 large hub airports today are each dominated by one air
      carrier, with each such carrier controlling more than 50 percent
      of the traffic at the hub.
        "(3) The General Accounting Office [now Government
      Accountability Office] has found that such levels of
      concentration lead to higher air fares.
        "(4) The United States Government must take every step
      necessary to reduce those levels of concentration.
        "(5) Consistent with air safety, spending at these airports
      must be directed at providing opportunities for carriers wishing
      to serve such facilities on a commercially viable basis."

       LIMITATION ON STATUTORY CONSTRUCTION OF SUBSECTION (E)(2)(D)   
      Section 204(a)(2) of Pub. L. 103-305 provided that: "The
    amendment made by paragraph (1) [amending this section] shall not
    be construed as requiring any person to refund any fee paid before
    the date of the enactment of this Act [Aug. 23, 1994]."

-End-



-CITE-
    49 USC Sec. 40118                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40118. Government-financed air transportation

-STATUTE-
      (a) Transportation by Air Carriers Holding Certificates. - A
    department, agency, or instrumentality of the United States
    Government shall take necessary steps to ensure that the
    transportation of passengers and property by air is provided by an
    air carrier holding a certificate under section 41102 of this title
    if - 
        (1) the department, agency, or instrumentality - 
          (A) obtains the transportation for itself or in carrying out
        an arrangement under which payment is made by the Government or
        payment is made from amounts provided for the use of the
        Government; or
          (B) provides the transportation to or for a foreign country
        or international or other organization without reimbursement;

        (2) the transportation is authorized by the certificate or by
      regulation or exemption of the Secretary of Transportation; and
        (3) the air carrier is - 
          (A) available, if the transportation is between a place in
        the United States and a place outside the United States; or
          (B) reasonably available, if the transportation is between 2
        places outside the United States.

      (b) Transportation by Foreign Air Carriers. - This section does
    not preclude the transportation of passengers and property by a
    foreign air carrier if the transportation is provided under a
    bilateral or multilateral air transportation agreement to which the
    Government and the government of a foreign country are parties if
    the agreement - 
        (1) is consistent with the goals for international aviation
      policy of section 40101(e) of this title; and
        (2) provides for the exchange of rights or benefits of similar
      magnitude.

      (c) Proof. - The Administrator of General Services shall
    prescribe regulations under which agencies may allow the
    expenditure of an appropriation for transportation in violation of
    this section only when satisfactory proof is presented showing the
    necessity for the transportation.
      (d) Certain Transportation by Air Outside the United States. -
    Notwithstanding subsections (a) and (c) of this section, any amount
    appropriated to the Secretary of State or the Administrator of the
    Agency for International Development may be used to pay for the
    transportation of an officer or employee of the Department of State
    or one of those agencies, a dependent of the officer or employee,
    and accompanying baggage, by a foreign air carrier when the
    transportation is between 2 places outside the United States.
      (e) Relationship to Other Laws. - This section does not affect
    the application of the antidiscrimination provisions of this part.
      (f) Prohibition of Certification or Contract Clause. - (1) No
    certification by a contractor, and no contract clause, may be
    required in the case of a contract for the transportation of
    commercial items in order to implement a requirement in this
    section.
      (2) In paragraph (1), the term "commercial item" has the meaning
    given such term in section 4(12) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 403(12)), except that it shall
    not include a contract for the transportation by air of passengers.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1116; Pub. L.
    103-355, title VIII, Sec. 8301(h), Oct. 13, 1994, 108 Stat. 3398;
    Pub. L. 104-287, Sec. 5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L.
    104-316, title I, Sec. 127(d), Oct. 19, 1996, 110 Stat. 3840; Pub.
    L. 105-277, div. G, subdiv. A, title XII, Sec. 1225(h), title XIII,
    Sec. 1335(p), title XIV, Sec. 1422(b)(6), Oct. 21, 1998, 112 Stat.
    2681-775, 2681-789, 2681-793; Pub. L. 108-176, title VIII, Sec.
    806, Dec. 12, 2003, 117 Stat. 2588.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40118(a)       49 App.:1517(a),        Aug. 23, 1958, Pub. L.       
                    (b).                    85-726, 72 Stat. 731, Sec.  
                                            1117; added Jan. 3, 1975,   
                                            Pub. L. 93-623, Sec. 5(a),  
                                            88 Stat. 2104; restated Feb.
                                            15, 1980, Pub. L. 96-192,   
                                            Sec. 21, 94 Stat. 43.       
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    40118(b)       49 App.:1517(c).                                     
    40118(c)       49 App.:1517(d)                                      
                    (1st sentence).                                     
    40118(d)       49 App.:1518.           Oct. 7, 1978, Pub. L.        
                                            95-426, Sec. 706, 92 Stat.  
                                            992.                        
    40118(e)       49 App.:1517(d)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In this section, the word "passengers" is substituted for
    "persons" for consistency in the revised title. The words "(and
    their personal effects)" are omitted as being included in
    "property".
      In subsection (a), before clause (1), the words "Except as
    provided in subsection (c) of this section" are omitted as surplus.
    The words "department, agency, or instrumentality" are substituted
    for "agency" for consistency in the revised title and with other
    titles of the United States Code. The words "or agencies" are
    omitted because of 1:1. In clause (1), before subclause (A), the
    words "executive" and "other" are omitted as surplus. In subclause
    (A), the words "procure, contract for, or otherwise" are omitted as
    surplus. The words "for itself or in carrying out an arrangement
    under which payment is made by the Government or payment is made
    from amounts provided for the use of the Government" are
    substituted for "in furtherance of the purposes or pursuant to the
    terms of any contract, agreement, or other special arrangement made
    or entered into under which payment is made by the United States or
    payment is made from funds appropriated, owned, controlled,
    granted, or conditionally granted or utilized by or otherwise" for
    clarity and to eliminate unnecessary words. In subclause (B), the
    word "country" is substituted for "nation" for consistency in the
    revised title and with other titles of the Code. The words
    "international or other organization" are substituted for
    "international agency, or other organization, of whatever
    nationality" to eliminate unnecessary words. The words "provisions
    for" are omitted as surplus.
      In subsection (b), before clause (1), the words "government of a
    foreign country" are substituted for "foreign government" for
    consistency in the revised title and with other titles of the Code.
    The words "or governments" are omitted because of 1:1.
      In subsection (c), the words "for payment for personnel or cargo
    transportation" are omitted as surplus.
      In subsection (d), the words "the limitations established by" are
    omitted as surplus. The words "after October 7, 1978" are omitted
    as executed. The words "Secretary of State" are substituted for
    "Department of State" because of 22:2651. The words "Director of
    the United States Information Agency" are substituted for
    "International Communication Agency" in section 706 of the Act of
    October 7, 1978 (Public Law 95-426, 92 Stat. 992), because of
    section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978,
    91 Stat. 1636) and section 303(b) of the United States Information
    Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law 97-
    241, 96 Stat. 291). The words "Director of the United States
    International Development Cooperation Agency" are substituted for
    "Agency for International Development (or any successor agency)" in
    section 706 because of section 6(a)(3) of Reorganization Plan No. 2
    of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words "a foreign
    air carrier" are substituted for "air carriers which do not hold
    certificates under section 1371 of this Appendix" for clarity. See
    H. Conf. Rept. No. 95-1535, 95th Cong., 2d Sess., p. 45 (1978).
      In subsection (e), the word "affect" is substituted for "prevent"
    for clarity. The words "to such traffic" are omitted as surplus.

                      PUB. L. 104-287, SEC. 5(68)(A)                  
      This amends the catchline for 49:40118(d) to make a clarifying
    amendment.

                      PUB. L. 104-287, SEC. 5(68)(B)                  
      This amends 49:40118(f)(1) to make a clarifying amendment.

                                AMENDMENTS                            
      2003 - Subsec. (f)(2). Pub. L. 108-176 inserted ", except that it
    shall not include a contract for the transportation by air of
    passengers" before period at end.
      1998 - Subsec. (d). Pub. L. 105-277, Sec. 1422(b)(6), substituted
    "or the Administrator of the Agency for International Development"
    for "the Director of the United States International Development
    Cooperation Agency".
      Pub. L. 105-277, Sec. 1335(p), struck out ", the Director of the
    United States Information Agency," after "Secretary of State".
      Pub. L. 105-277, Sec. 1225(h), struck out ", or the Director of
    the Arms Control and Disarmament Agency" before "may be used to
    pay".
      1996 - Subsec. (c). Pub. L. 104-316 substituted "Administrator of
    General Services shall prescribe regulations under which agencies
    may" for "Comptroller General shall".
      Subsec. (d). Pub. L. 104-287, Sec. 5(68)(A), substituted "Certain
    Transportation by Air Outside the United States" for
    "Transportation by Foreign Air Carriers" in heading.
      Subsec. (f). Pub. L. 104-287, Sec. 5(68)(B), inserted heading.
      1994 - Subsec. (f). Pub. L. 103-355 added subsec. (f).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 1225(h) of Pub. L. 105-277 effective on
    earlier of Apr. 1, 1999, or date of abolition of the United States
    Arms Control and Disarmament Agency pursuant to reorganization plan
    described in section 6601 of Title 22, Foreign Relations and
    Intercourse, see section 1201 of Pub. L. 105-277, set out as an
    Effective Date note under section 6511 of Title 22.
      Amendment by section 1335(p) of Pub. L. 105-277 effective on
    earlier of Oct. 1, 1999, or date of abolition of the United States
    Information Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1301 of Pub. L. 105-277, set out as an Effective Date note
    under section 6531 of Title 22.
      Amendment by section 1422(b)(6) of Pub. L. 105-277 effective on
    earlier of Apr. 1, 1999, or date of abolition of the United States
    International Development Cooperation Agency pursuant to
    reorganization plan described in section 6601 of Title 22, Foreign
    Relations and Intercourse, see section 1401 of Pub. L. 105-277, set
    out as an Effective Date note under section 6561 of Title 22.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.

-End-



-CITE-
    49 USC Sec. 40119                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40119. Security and research and development activities

-STATUTE-
      (a) General Requirements. - The Under Secretary of Transportation
    for Security and the Administrator of the Federal Aviation
    Administration each shall conduct research (including behavioral
    research) and development activities appropriate to develop,
    modify, test, and evaluate a system, procedure, facility, or device
    to protect passengers and property against acts of criminal
    violence, aircraft piracy, and terrorism and to ensure security.
      (b) Disclosure. - (1) Notwithstanding section 552 of title 5 and
    the establishment of a Department of Homeland Security, the
    Secretary of Transportation shall prescribe regulations prohibiting
    disclosure of information obtained or developed in ensuring
    security under this title if the Secretary of Transportation
    decides disclosing the information would - 
        (A) be an unwarranted invasion of personal privacy;
        (B) reveal a trade secret or privileged or confidential
      commercial or financial information; or
        (C) be detrimental to transportation safety.

      (2) Paragraph (1) of this subsection does not authorize
    information to be withheld from a committee of Congress authorized
    to have the information.
      (c) Transfers of Duties and Powers Prohibited. - Except as
    otherwise provided by law, the Under Secretary may not transfer a
    duty or power under this section to another department, agency, or
    instrumentality of the United States Government.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1117; Pub. L.
    107-71, title I, Sec. 101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L.
    107-296, title XVI, Sec. 1601(a), Nov. 25, 2002, 116 Stat. 2312.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40119(a)       49 App.:1357(d)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            316(d)(1), (e)(1); added    
                                            Aug. 5, 1974, Pub. L.       
                                            93-366, Sec. 202, 88 Stat.  
                                            417.                        
    40119(b)       49 App.:1357(d)(2).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            316(d)(2); added Aug. 5,    
                                            1974, Pub. L. 93-366, Sec.  
                                            202, 88 Stat. 417; Nov. 5,  
                                            1990, Pub. L. 101-508, Sec. 
                                            9121, 104 Stat. 1388-370.   
    40119(c)       49 App.:1357(e)(1).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 316(d) and
    (e) of the Federal Aviation Act of 1958 (Public Law 85-726, 72
    Stat. 731) is retained on authority of 49:106(g).
      In subsection (a), the words "as he may deem" and "aboard
    aircraft in air transportation or intrastate air transportation"
    are omitted as surplus.
      In subsection (b)(1), before clause (A), the words "relating to
    freedom of information", "as he may deem necessary", and "in the
    conduct of research and development activities" are omitted as
    surplus. In clause (A), the words "(including, but not limited to,
    information contained in any personnel, medical, or similar file)"
    are omitted as surplus. In clause (B), the words "obtained from any
    person" are omitted as surplus. In clause (C), the word "traveling"
    is omitted as surplus.
      In subsection (b)(2), the word "duly" is omitted as surplus. The
    words "to have the information" are added for clarity.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-296, Sec. 1601(a)(1), inserted
    "and the Administrator of the Federal Aviation Administration each"
    after "for Security" and substituted "criminal violence, aircraft
    piracy, and terrorism and to ensure security" for "criminal
    violence and aircraft piracy".
      Subsec. (b)(1). Pub. L. 107-296, Sec. 1601(a)(2)(A), (B), in
    introductory provisions, substituted "and the establishment of a
    Department of Homeland Security, the Secretary of Transportation"
    for ", the Under Secretary" and "ensuring security under this title
    if the Secretary of Transportation" for "carrying out security or
    research and development activities under section 44501(a) or (c),
    44502(a)(1) or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511,
    44512, 44513, 44901, 44903(a), (b), (c), or (e), 44905, 44912,
    44935, 44936, or 44938(a) or (b) of this title if the Under
    Secretary".
      Subsec. (b)(1)(C). Pub. L. 107-296, Sec. 1601(a)(2)(C),
    substituted "transportation safety" for "the safety of passengers
    in transportation".
      2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(e)(1), substituted
    "Under Secretary of Transportation for Security" for "Administrator
    of the Federal Aviation Administration".
      Subsec. (b). Pub. L. 107-71, Sec. 101(e)(2), substituted "Under
    Secretary" for "Administrator" in two places in introductory
    provisions.
      Subsec. (b)(1)(C). Pub. L. 107-71, Sec. 101(e)(3), struck out
    "air" before "transportation".
      Subsec. (c). Pub. L. 107-71, Sec. 101(e)(2), substituted "Under
    Secretary" for "Administrator".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    49 USC Sec. 40120                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40120. Relationship to other laws

-STATUTE-
      (a) Nonapplication. - Except as provided in the International
    Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the
    navigation and shipping laws of the United States and the rules for
    the prevention of collisions do not apply to aircraft or to the
    navigation of vessels related to those aircraft.
      (b) Extending Application Outside United States. - The President
    may extend (in the way and for periods the President considers
    necessary) the application of this part to outside the United
    States when - 
        (1) an international arrangement gives the United States
      Government authority to make the extension; and
        (2) the President decides the extension is in the national
      interest.

      (c) Additional Remedies. - A remedy under this part is in
    addition to any other remedies provided by law.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1117.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    40120(a)       49 App.:1509(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 1106, 1109(a),
                                            1110, 72 Stat. 798, 799, 800.
    40120(b)       49 App.:1510.                                        
    40120(c)       49 App.:1506.                                        
    --------------------------------------------------------------------

      In subsection (a), the words "International Navigational Rules
    Act of 1977 (33 U.S.C. 1601 et seq.)" are substituted for "sections
    143 to 147d of title 33" because those sections were repealed by
    section 3 of the Act of September 24, 1963 (Public Law 88-131, 77
    Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by
    section 10 of the International Navigational Rules Act of 1977
    (Public Law 95-75, 91 Stat. 311) and replaced by 33:1601-1608. The
    words "including any definition of 'vessel' or 'vehicle' found
    therein" and "be construed to" are omitted as surplus.
      In subsection (b), before clause (1), the words "to the extent",
    "of time", and "any areas of land or water" are omitted as surplus.
    The words "and the overlying airspace thereof" are omitted as being
    included in "outside the United States". In clause (1), the words
    "treaty, agreement or other lawful" and "necessary legal" are
    omitted as surplus.
      Subsection (c) is substituted for 49 App.:1506 to eliminate
    unnecessary words and for clarity and consistency in the revised
    title and with other titles of the United States Code.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The International Navigational Rules Act of 1977, referred to in
    subsec. (a), is Pub. L. 95-75, July 27, 1977, 91 Stat. 308, as
    amended, which is classified principally to chapter 30 (Sec. 1601
    et seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1601 of Title 33 and Tables.


-EXEC-
               EX. ORD. NO. 10854. EXTENSION OF APPLICATION           
      Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by
    Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:
      The application of the Federal Aviation Act of 1958 (72 Stat.
    731; 49 U.S.C.A. Sec. 1301 et seq. [see 49 U.S.C. 40101 et seq.]),
    to the extent necessary to permit the Secretary of Transportation
    to accomplish the purposes and objectives of Titles III [former 49
    U.S.C. 1341 et seq., see Disposition Table at beginning of this
    title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is
    hereby extended to those areas of land or water outside the United
    States and the overlying airspace thereof over or in which the
    Federal Government of the United States, under international
    treaty, agreement or other lawful arrangement, has appropriate
    jurisdiction or control: Provided, That the Secretary of
    Transportation, prior to taking any action under the authority
    hereby conferred, shall first consult with the Secretary of State
    on matters affecting foreign relations, and with the Secretary of
    Defense on matters affecting national-defense interests, and shall
    not take any action which the Secretary of State determines to be
    in conflict with any international treaty or agreement to which the
    United States is a party, or to be inconsistent with the successful
    conduct of the foreign relations of the United States, or which the
    Secretary of Defense determines to be inconsistent with the
    requirements of national defense.

-End-



-CITE-
    49 USC Sec. 40121                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40121. Air traffic control modernization reviews

-STATUTE-
      (a) Required Terminations of Acquisitions. - The Administrator of
    the Federal Aviation Administration shall terminate any acquisition
    program initiated after the date of the enactment of the Air
    Traffic Management System Performance Improvement Act of 1996 and
    funded under the Facilities and Equipment account that - 
        (1) is more than 50 percent over the cost goal established for
      the program;
        (2) fails to achieve at least 50 percent of the performance
      goals established for the program; or
        (3) is more than 50 percent behind schedule as determined in
      accordance with the schedule goal established for the program.

      (b) Authorized Termination of Acquisition Programs. - The
    Administrator shall consider terminating, under the authority of
    subsection (a), any substantial acquisition program that - 
        (1) is more than 10 percent over the cost goal established for
      the program;
        (2) fails to achieve at least 90 percent of the performance
      goals established for the program; or
        (3) is more than 10 percent behind schedule as determined in
      accordance with the schedule goal established for the program.

      (c) Exceptions and Report. - 
        (1) Continuance of program, etc. - Notwithstanding subsection
      (a), the Administrator may continue an acquisitions program
      required to be terminated under subsection (a) if the
      Administrator determines that termination would be inconsistent
      with the development or operation of the national air
      transportation system in a safe and efficient manner.
        (2) Department of defense. - The Department of Defense shall
      have the same exemptions from acquisition laws as are waived by
      the Administrator under section 40110(d)(2) of this title when
      engaged in joint actions to improve or replenish the national air
      traffic control system. The Administration may acquire real
      property, goods, and services through the Department of Defense,
      or other appropriate agencies, but is bound by the acquisition
      laws and regulations governing those cases.
        (3) Report. - If the Administrator makes a determination under
      paragraph (1), the Administrator shall transmit a copy of the
      determination, together with a statement of the basis for the
      determination, to the Committees on Appropriations of the Senate
      and the House of Representatives, the Committee on Commerce,
      Science, and Transportation of the Senate, and the Committee on
      Transportation and Infrastructure of the House of
      Representatives.

-SOURCE-
    (Added Pub. L. 104-264, title II, Sec. 252, Oct. 9, 1996, 110 Stat.
    3236; amended Pub. L. 106-181, title III, Sec. 307(c)(2), Apr. 5,
    2000, 114 Stat. 126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Air Traffic Management System
    Performance Improvement Act of 1996, referred to in subsec. (a), is
    the date of enactment of Pub. L. 104-264, which was approved Oct.
    9, 1996.

-COD-
                               CODIFICATION                           
      Another section 40121 was renumbered section 40124 of this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c)(2). Pub. L. 106-181 substituted "section
    40110(d)(2) of this title" for "section 348(b) of Public Law 104-
    50".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                              EFFECTIVE DATE                          
      Section effective on date that is 30 days after Oct. 9, 1996, see
    section 203 of Pub. L. 104-264, set out as an Effective Date of
    1996 Amendment note under section 106 of this title.
      Except as otherwise specifically provided, section applicable
    only to fiscal years beginning after Sept. 30, 1996, and not to be
    construed as affecting funds made available for a fiscal year
    ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set
    out as an Effective Date of 1996 Amendment note under section 106
    of this title.

-End-



-CITE-
    49 USC Sec. 40122                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40122. Federal Aviation Administration personnel management
      system

-STATUTE-
      (a) In General. - 
        (1) Consultation and negotiation. - In developing and making
      changes to the personnel management system initially implemented
      by the Administrator of the Federal Aviation Administration on
      April 1, 1996, the Administrator shall negotiate with the
      exclusive bargaining representatives of employees of the
      Administration certified under section 7111 of title 5 and
      consult with other employees of the Administration.
        (2) Mediation. - If the Administrator does not reach an
      agreement under paragraph (1) with the exclusive bargaining
      representatives, the services of the Federal Mediation and
      Conciliation Service shall be used to attempt to reach such
      agreement. If the services of the Federal Mediation and
      Conciliation Service do not lead to an agreement, the
      Administrator's proposed change to the personnel management
      system shall not take effect until 60 days have elapsed after the
      Administrator has transmitted the proposed change, along with the
      objections of the exclusive bargaining representatives to the
      change, and the reasons for such objections, to Congress. The 60-
      day period shall not include any period during which Congress
      has adjourned sine die.
        (3) Cost savings and productivity goals. - The Administration
      and the exclusive bargaining representatives of the employees
      shall use every reasonable effort to find cost savings and to
      increase productivity within each of the affected bargaining
      units.
        (4) Annual budget discussions. - The Administration and the
      exclusive bargaining representatives of the employees shall meet
      annually for the purpose of finding additional cost savings
      within the Administration's annual budget as it applies to each
      of the affected bargaining units and throughout the agency.

      (b) Expert Evaluation. - On the date that is 3 years after the
    personnel management system is implemented, the Administration
    shall employ outside experts to provide an independent evaluation
    of the effectiveness of the system within 3 months after such date.
    For this purpose, the Administrator may utilize the services of
    experts and consultants under section 3109 of title 5 without
    regard to the limitation imposed by the last sentence of section
    3109(b) of such title, and may contract on a sole source basis,
    notwithstanding any other provision of law to the contrary.
      (c) Pay Restriction. - No officer or employee of the
    Administration may receive an annual rate of basic pay in excess of
    the annual rate of basic pay payable to the Administrator.
      (d) Ethics. - The Administration shall be subject to Executive
    Order No. 12674 and regulations and opinions promulgated by the
    Office of Government Ethics, including those set forth in section
    2635 of title 5 of the Code of Federal Regulations.
      (e) Employee Protections. - Until July 1, 1999, basic wages
    (including locality pay) and operational differential pay provided
    employees of the Administration shall not be involuntarily
    adversely affected by reason of the enactment of this section,
    except for unacceptable performance or by reason of a reduction in
    force or reorganization or by agreement between the Administration
    and the affected employees' exclusive bargaining representative.
      (f) Labor-Management Agreements. - Except as otherwise provided
    by this title, all labor-management agreements covering employees
    of the Administration that are in effect on the effective date of
    the Air Traffic Management System Performance Improvement Act of
    1996 shall remain in effect until their normal expiration date,
    unless the Administrator and the exclusive bargaining
    representative agree to the contrary.
      (g) Personnel Management System. - 
        (1) In general. - In consultation with the employees of the
      Administration and such non-governmental experts in personnel
      management systems as he may employ, and notwithstanding the
      provisions of title 5 and other Federal personnel laws, the
      Administrator shall develop and implement, not later than January
      1, 1996, a personnel management system for the Administration
      that addresses the unique demands on the agency's workforce. Such
      a new system shall, at a minimum, provide for greater flexibility
      in the hiring, training, compensation, and location of personnel.
        (2) Applicability of title 5. - The provisions of title 5 shall
      not apply to the new personnel management system developed and
      implemented pursuant to paragraph (1), with the exception of - 
          (A) section 2302(b), relating to whistleblower protection,
        including the provisions for investigation and enforcement as
        provided in chapter 12 of title 5;
          (B) sections 3308-3320, relating to veterans' preference;
          (C) chapter 71, relating to labor-management relations;
          (D) section 7204, relating to antidiscrimination;
          (E) chapter 73, relating to suitability, security, and
        conduct;
          (F) chapter 81, relating to compensation for work injury;
          (G) chapters 83-85, 87, and 89, relating to retirement,
        unemployment compensation, and insurance coverage; and
          (H) sections 1204, 1211-1218, 1221, and 7701-7703, relating
        to the Merit Systems Protection Board.

        (3) Appeals to merit systems protection board. - Under the new
      personnel management system developed and implemented under
      paragraph (1), an employee of the Administration may submit an
      appeal to the Merit Systems Protection Board and may seek
      judicial review of any resulting final orders or decisions of the
      Board from any action that was appealable to the Board under any
      law, rule, or regulation as of March 31, 1996.
        (4) Effective date. - This subsection shall take effect on
      April 1, 1996.

      (h) Right To Contest Adverse Personnel Actions. - An employee of
    the Federal Aviation Administration who is the subject of a major
    adverse personnel action may contest the action either through any
    contractual grievance procedure that is applicable to the employee
    as a member of the collective bargaining unit or through the
    Administration's internal process relating to review of major
    adverse personnel actions of the Administration, known as
    Guaranteed Fair Treatment, or under section 40122(g)(3).
      (i) Election of Forum. - Where a major adverse personnel action
    may be contested through more than one of the indicated forums
    (such as the contractual grievance procedure, the Federal Aviation
    Administration's internal process, or that of the Merit Systems
    Protection Board), an employee must elect the forum through which
    the matter will be contested. Nothing in this section is intended
    to allow an employee to contest an action through more than one
    forum unless otherwise allowed by law.
      (j) Definition. - In this section, the term "major adverse
    personnel action" means a suspension of more than 14 days, a
    reduction in pay or grade, a removal for conduct or performance, a
    nondisciplinary removal, a furlough of 30 days or less (but not
    including placement in a nonpay status as the result of a lapse of
    appropriations or an enactment by Congress), or a reduction in
    force action.

-SOURCE-
    (Added Pub. L. 104-264, title II, Sec. 253, Oct. 9, 1996, 110 Stat.
    3237; amended Pub. L. 106-181, title III, Secs. 307(a), 308, Apr.
    5, 2000, 114 Stat. 124, 126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12674, referred to in subsec. (d), is set out
    as a note under section 7301 of Title 5, Government Organization
    and Employees.
      The effective date of the Air Traffic Management System
    Performance Improvement Act of 1996, referred to in subsec. (f), is
    the date that is 30 days after Oct. 9, 1996. See section 203 of
    Pub. L. 104-264, set out as an Effective Date of 1996 Amendment
    note under section 106 of this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(2). Pub. L. 106-181, Sec. 308(a), inserted at
    end "The 60-day period shall not include any period during which
    Congress has adjourned sine die."
      Subsec. (g). Pub. L. 106-181, Sec. 307(a), added subsec. (g).
      Subsecs. (h) to (j). Pub. L. 106-181, Sec. 308(b), added subsecs.
    (h) to (j).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of this title.

                              EFFECTIVE DATE                          
      Section effective on date that is 30 days after Oct. 9, 1996, see
    section 203 of Pub. L. 104-264, set out as an Effective Date of
    1996 Amendment note under section 106 of this title.
      Except as otherwise specifically provided, section applicable
    only to fiscal years beginning after Sept. 30, 1996, and not to be
    construed as affecting funds made available for a fiscal year
    ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set
    out as an Effective Date of 1996 Amendment note under section 106
    of this title.

-End-



-CITE-
    49 USC Sec. 40123                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40123. Protection of voluntarily submitted information

-STATUTE-
      (a) In General. - Notwithstanding any other provision of law,
    neither the Administrator of the Federal Aviation Administration,
    nor any agency receiving information from the Administrator, shall
    disclose voluntarily-provided safety or security related
    information if the Administrator finds that - 
        (1) the disclosure of the information would inhibit the
      voluntary provision of that type of information and that the
      receipt of that type of information aids in fulfilling the
      Administrator's safety and security responsibilities; and
        (2) withholding such information from disclosure would be
      consistent with the Administrator's safety and security
      responsibilities.

      (b) Regulations. - The Administrator shall issue regulations to
    carry out this section.

-SOURCE-
    (Added Pub. L. 104-264, title IV, Sec. 402(a), Oct. 9, 1996, 110
    Stat. 3255.)


-MISC1-
                              EFFECTIVE DATE                          
      Except as otherwise specifically provided, section applicable
    only to fiscal years beginning after Sept. 30, 1996, and not to be
    construed as affecting funds made available for a fiscal year
    ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set
    out as an Effective Date of 1996 Amendment note under section 106
    of this title.

-End-



-CITE-
    49 USC Sec. 40124                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40124. Interstate agreements for airport facilities

-STATUTE-
      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.

-SOURCE-
    (Added Pub. L. 104-287, Sec. 5(69)(A), Oct. 11, 1996, 110 Stat.
    3395, Sec. 40121; renumbered Sec. 40124, Pub. L. 105-102, Sec.
    3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      This restates 49:44502(e) as 49:40121 [now 40124] to provide a
    more appropriate place in title 49.

                                AMENDMENTS                            
      1997 - Pub. L. 105-102 amended Pub. L. 104-287, renumbering
    section 40121 of this title as this section.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Pub. L. 105-102, Sec. 3(d), Nov. 20, 1997, 111 Stat. 2215,
    provided that the amendment made by section 3(d)(1)(B) is effective
    Oct. 11, 1996.
      Amendment by Pub. L. 105-102 effective as if included in the
    provisions of the Act to which the amendment relates, see section
    3(f) of Pub. L. 105-102, set out as a note under section 106 of
    this title.

-End-



-CITE-
    49 USC Sec. 40125                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40125. Qualifications for public aircraft status

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Commercial purposes. - The term "commercial purposes" means
      the transportation of persons or property for compensation or
      hire, but does not include the operation of an aircraft by the
      armed forces for reimbursement when that reimbursement is
      required by any Federal statute, regulation, or directive, in
      effect on November 1, 1999, or by one government on behalf of
      another government under a cost reimbursement agreement if the
      government on whose behalf the operation is conducted certifies
      to the Administrator of the Federal Aviation Administration that
      the operation is necessary to respond to a significant and
      imminent threat to life or property (including natural resources)
      and that no service by a private operator is reasonably available
      to meet the threat.
        (2) Governmental function. - The term "governmental function"
      means an activity undertaken by a government, such as national
      defense, intelligence missions, firefighting, search and rescue,
      law enforcement (including transport of prisoners, detainees, and
      illegal aliens), aeronautical research, or biological or
      geological resource management.
        (3) Qualified non-crewmember. - The term "qualified non-
      crewmember" means an individual, other than a member of the
      crew, aboard an aircraft - 
          (A) operated by the armed forces or an intelligence agency of
        the United States Government; or
          (B) whose presence is required to perform, or is associated
        with the performance of, a governmental function.

        (4) Armed forces. - The term "armed forces" has the meaning
      given such term by section 101 of title 10.

      (b) Aircraft Owned by Governments. - An aircraft described in
    subparagraph (A), (B), (C), or (D) of section 40102(a)(37) (!1)
    does not qualify as a public aircraft under such section when the
    aircraft is used for commercial purposes or to carry an individual
    other than a crewmember or a qualified non-crewmember.

      (c) Aircraft Owned or Operated by the Armed Forces. - 
        (1) In general. - Subject to paragraph (2), an aircraft
      described in section 40102(a)(37)(E) (!1) qualifies as a public
      aircraft if - 
          (A) the aircraft is operated in accordance with title 10;
          (B) the aircraft is operated in the performance of a
        governmental function under title 14, 31, 32, or 50 and the
        aircraft is not used for commercial purposes; or
          (C) the aircraft is chartered to provide transportation to
        the armed forces and the Secretary of Defense (or the Secretary
        of the department in which the Coast Guard is operating)
        designates the operation of the aircraft as being required in
        the national interest.

        (2) Limitation. - An aircraft that meets the criteria set forth
      in paragraph (1) and that is owned or operated by the National
      Guard of a State, the District of Columbia, or any territory or
      possession of the United States, qualifies as a public aircraft
      only to the extent that it is operated under the direct control
      of the Department of Defense.

-SOURCE-
    (Added Pub. L. 106-181, title VII, Sec. 702(b)(1), Apr. 5, 2000,
    114 Stat. 155.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 40102(a)(37) of this title, referred to in subsecs. (b)
    and (c)(1), was redesignated section 40102(a)(41) by Pub. L. 108-
    176, title II, Sec. 225(a)(3), Dec. 12, 2003, 117 Stat. 2528.


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    49 USC Sec. 40126                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40126. Severable services contracts for periods crossing
      fiscal years

-STATUTE-
      (a) In General. - The Administrator of the Federal Aviation
    Administration may enter into a contract for procurement of
    severable services for a period that begins in 1 fiscal year and
    ends in the next fiscal year if (without regard to any option to
    extend the period of the contract) the contract period does not
    exceed 1 year.
      (b) Obligation of Funds. - Funds made available for a fiscal year
    may be obligated for the total amount of a contract entered into
    under the authority of subsection (a).

-SOURCE-
    (Added Pub. L. 106-181, title VII, Sec. 705(a), Apr. 5, 2000, 114
    Stat. 157.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 40127                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40127. Prohibitions on discrimination

-STATUTE-
      (a) Persons in Air Transportation. - An air carrier or foreign
    air carrier may not subject a person in air transportation to
    discrimination on the basis of race, color, national origin,
    religion, sex, or ancestry.
      (b) Use of Private Airports. - Notwithstanding any other
    provision of law, no State or local government may prohibit the use
    or full enjoyment of a private airport within its jurisdiction by
    any person on the basis of that person's race, color, national
    origin, religion, sex, or ancestry.

-SOURCE-
    (Added Pub. L. 106-181, title VII, Sec. 706(a), Apr. 5, 2000, 114
    Stat. 157.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 40128                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40128. Overflights of national parks

-STATUTE-
      (a) In General. - 
        (1) General requirements. - A commercial air tour operator may
      not conduct commercial air tour operations over a national park
      or tribal lands, as defined by this section, except - 
          (A) in accordance with this section;
          (B) in accordance with conditions and limitations prescribed
        for that operator by the Administrator; and
          (C) in accordance with any applicable air tour management
        plan for the park or tribal lands.

        (2) Application for operating authority. - 
          (A) Application required. - Before commencing commercial air
        tour operations over a national park or tribal lands, a
        commercial air tour operator shall apply to the Administrator
        for authority to conduct the operations over the park or tribal
        lands.
          (B) Competitive bidding for limited capacity parks. -
        Whenever an air tour management plan limits the number of
        commercial air tour operations over a national park during a
        specified time frame, the Administrator, in cooperation with
        the Director, shall issue operation specifications to
        commercial air tour operators that conduct such operations. The
        operation specifications shall include such terms and
        conditions as the Administrator and the Director find necessary
        for management of commercial air tour operations over the park.
        The Administrator, in cooperation with the Director, shall
        develop an open competitive process for evaluating proposals
        from persons interested in providing commercial air tour
        operations over the park. In making a selection from among
        various proposals submitted, the Administrator, in cooperation
        with the Director, shall consider relevant factors, including -
        
            (i) the safety record of the person submitting the proposal
          or pilots employed by the person;
            (ii) any quiet aircraft technology proposed to be used by
          the person submitting the proposal;
            (iii) the experience of the person submitting the proposal
          with commercial air tour operations over other national parks
          or scenic areas;
            (iv) the financial capability of the person submitting the
          proposal;
            (v) any training programs for pilots provided by the person
          submitting the proposal; and
            (vi) responsiveness of the person submitting the proposal
          to any relevant criteria developed by the National Park
          Service for the affected park.

          (C) Number of operations authorized. - In determining the
        number of authorizations to issue to provide commercial air
        tour operations over a national park, the Administrator, in
        cooperation with the Director, shall take into consideration
        the provisions of the air tour management plan, the number of
        existing commercial air tour operators and current level of
        service and equipment provided by any such operators, and the
        financial viability of each commercial air tour operation.
          (D) Cooperation with nps. - Before granting an application
        under this paragraph, the Administrator, in cooperation with
        the Director, shall develop an air tour management plan in
        accordance with subsection (b) and implement such plan.
          (E) Time limit on response to atmp applications. - The
        Administrator shall make every effort to act on any application
        under this paragraph and issue a decision on the application
        not later than 24 months after it is received or amended.
          (F) Priority. - In acting on applications under this
        paragraph to provide commercial air tour operations over a
        national park, the Administrator shall give priority to an
        application under this paragraph in any case in which a new
        entrant commercial air tour operator is seeking operating
        authority with respect to that national park.

        (3) Exception. - Notwithstanding paragraph (1), commercial air
      tour operators may conduct commercial air tour operations over a
      national park under part 91 of the title 14, Code of Federal
      Regulations if - 
          (A) such activity is permitted under part 119 of such title;
          (B) the operator secures a letter of agreement from the
        Administrator and the national park superintendent for that
        national park describing the conditions under which the
        operations will be conducted; and
          (C) the total number of operations under this exception is
        limited to not more than five flights in any 30-day period over
        a particular park.

        (4) Special rule for safety requirements. - Notwithstanding
      subsection (c), an existing commercial air tour operator shall
      apply, not later than 90 days after the date of the enactment of
      this section, for operating authority under part 119, 121, or 135
      of title 14, Code of Federal Regulations. A new entrant
      commercial air tour operator shall apply for such authority
      before conducting commercial air tour operations over a national
      park or tribal lands. The Administrator shall make every effort
      to act on any such application for a new entrant and issue a
      decision on the application not later than 24 months after it is
      received or amended.

      (b) Air Tour Management Plans. - 
        (1) Establishment. - 
          (A) In general. - The Administrator, in cooperation with the
        Director, shall establish an air tour management plan for any
        national park or tribal land for which such a plan is not in
        effect whenever a person applies for authority to conduct a
        commercial air tour operation over the park. The air tour
        management plan shall be developed by means of a public process
        in accordance with paragraph (4).
          (B) Objective. - The objective of any air tour management
        plan shall be to develop acceptable and effective measures to
        mitigate or prevent the significant adverse impacts, if any, of
        commercial air tour operations upon the natural and cultural
        resources, visitor experiences, and tribal lands.

        (2) Environmental determination. - In establishing an air tour
      management plan under this subsection, the Administrator and the
      Director shall each sign the environmental decision document
      required by section 102 of the National Environmental Policy Act
      of 1969 (42 U.S.C. 4332) which may include a finding of no
      significant impact, an environmental assessment, or an
      environmental impact statement and the record of decision for the
      air tour management plan.
        (3) Contents. - An air tour management plan for a national park
      - 
          (A) may prohibit commercial air tour operations over a
        national park in whole or in part;
          (B) may establish conditions for the conduct of commercial
        air tour operations over a national park, including commercial
        air tour routes, maximum or minimum altitudes, time-of-day
        restrictions, restrictions for particular events, maximum
        number of flights per unit of time, intrusions on privacy on
        tribal lands, and mitigation of noise, visual, or other
        impacts;
          (C) shall apply to all commercial air tour operations over a
        national park that are also within  1/2  mile outside the
        boundary of a national park;
          (D) shall include incentives (such as preferred commercial
        air tour routes and altitudes, relief from caps and curfews)
        for the adoption of quiet aircraft technology by commercial air
        tour operators conducting commercial air tour operations over a
        national park;
          (E) shall provide for the initial allocation of opportunities
        to conduct commercial air tour operations over a national park
        if the plan includes a limitation on the number of commercial
        air tour operations for any time period; and
          (F) shall justify and document the need for measures taken
        pursuant to subparagraphs (A) through (E) and include such
        justifications in the record of decision.

        (4) Procedure. - In establishing an air tour management plan
      for a national park or tribal lands, the Administrator and the
      Director shall - 
          (A) hold at least one public meeting with interested parties
        to develop the air tour management plan;
          (B) publish the proposed plan in the Federal Register for
        notice and comment and make copies of the proposed plan
        available to the public;
          (C) comply with the regulations set forth in sections 1501.3
        and 1501.5 through 1501.8 of title 40, Code of Federal
        Regulations (for purposes of complying with the regulations,
        the Federal Aviation Administration shall be the lead agency
        and the National Park Service is a cooperating agency); and
          (D) solicit the participation of any Indian tribe whose
        tribal lands are, or may be, overflown by aircraft involved in
        a commercial air tour operation over the park or tribal lands
        to which the plan applies, as a cooperating agency under the
        regulations referred to in subparagraph (C).

        (5) Judicial review. - An air tour management plan developed
      under this subsection shall be subject to judicial review.
        (6) Amendments. - The Administrator, in cooperation with the
      Director, may make amendments to an air tour management plan. Any
      such amendments shall be published in the Federal Register for
      notice and comment. A request for amendment of an air tour
      management plan shall be made in such form and manner as the
      Administrator may prescribe.

      (c) Interim Operating Authority. - 
        (1) In general. - Upon application for operating authority, the
      Administrator shall grant interim operating authority under this
      subsection to a commercial air tour operator for commercial air
      tour operations over a national park or tribal lands for which
      the operator is an existing commercial air tour operator.
        (2) Requirements and limitations. - Interim operating authority
      granted under this subsection - 
          (A) shall provide annual authorization only for the greater
        of - 
            (i) the number of flights used by the operator to provide
          the commercial air tour operations over a national park
          within the 12-month period prior to the date of the enactment
          of this section; or
            (ii) the average number of flights per 12-month period used
          by the operator to provide such operations within the 36-
          month period prior to such date of enactment, and, for
          seasonal operations, the number of flights so used during the
          season or seasons covered by that 12-month period;

          (B) may not provide for an increase in the number of
        commercial air tour operations over a national park conducted
        during any time period by the commercial air tour operator
        above the number that the air tour operator was originally
        granted unless such an increase is agreed to by the
        Administrator and the Director;
          (C) shall be published in the Federal Register to provide
        notice and opportunity for comment;
          (D) may be revoked by the Administrator for cause;
          (E) shall terminate 180 days after the date on which an air
        tour management plan is established for the park or tribal
        lands;
          (F) shall promote protection of national park resources,
        visitor experiences, and tribal lands;
          (G) shall promote safe commercial air tour operations;
          (H) shall promote the adoption of quiet technology, as
        appropriate; and
          (I) shall allow for modifications of the interim operating
        authority based on experience if the modification improves
        protection of national park resources and values and of tribal
        lands.

        (3) New entrant air tour operators. - 
          (A) In general. - The Administrator, in cooperation with the
        Director, may grant interim operating authority under this
        paragraph to an air tour operator for a national park or tribal
        lands for which that operator is a new entrant air tour
        operator if the Administrator determines the authority is
        necessary to ensure competition in the provision of commercial
        air tour operations over the park or tribal lands.
          (B) Safety limitation. - The Administrator may not grant
        interim operating authority under subparagraph (A) if the
        Administrator determines that it would create a safety problem
        at the park or on the tribal lands, or the Director determines
        that it would create a noise problem at the park or on the
        tribal lands.
          (C) ATMP limitation. - The Administrator may grant interim
        operating authority under subparagraph (A) of this paragraph
        only if the air tour management plan for the park or tribal
        lands to which the application relates has not been developed
        within 24 months after the date of the enactment of this
        section.

      (d) Exemptions. - This section shall not apply to - 
        (1) the Grand Canyon National Park; or
        (2) tribal lands within or abutting the Grand Canyon National
      Park.

      (e) Lake Mead. - This section shall not apply to any air tour
    operator while flying over or near the Lake Mead National
    Recreation Area, solely as a transportation route, to conduct an
    air tour over the Grand Canyon National Park. For purposes of this
    subsection, an air tour operator flying over the Hoover Dam in the
    Lake Mead National Recreation Area en route to the Grand Canyon
    National Park shall be deemed to be flying solely as a
    transportation route.
      (f) Definitions. - In this section, the following definitions
    apply:
        (1) Commercial air tour operator. - The term "commercial air
      tour operator" means any person who conducts a commercial air
      tour operation over a national park.
        (2) Existing commercial air tour operator. - The term "existing
      commercial air tour operator" means a commercial air tour
      operator that was actively engaged in the business of providing
      commercial air tour operations over a national park at any time
      during the 12-month period ending on the date of the enactment of
      this section.
        (3) New entrant commercial air tour operator. - The term "new
      entrant commercial air tour operator" means a commercial air tour
      operator that - 
          (A) applies for operating authority as a commercial air tour
        operator for a national park or tribal lands; and
          (B) has not engaged in the business of providing commercial
        air tour operations over the national park or tribal lands in
        the 12-month period preceding the application.

        (4) Commercial air tour operation over a national park. - 
          (A) In general. - The term "commercial air tour operation
        over a national park" means any flight, conducted for
        compensation or hire in a powered aircraft where a purpose of
        the flight is sightseeing over a national park, within  1/2 
        mile outside the boundary of any national park (except the
        Grand Canyon National Park), or over tribal lands (except those
        within or abutting the Grand Canyon National Park), during
        which the aircraft flies - 
            (i) below a minimum altitude, determined by the
          Administrator in cooperation with the Director, above ground
          level (except solely for purposes of takeoff or landing, or
          necessary for safe operation of an aircraft as determined
          under the rules and regulations of the Federal Aviation
          Administration requiring the pilot-in-command to take action
          to ensure the safe operation of the aircraft); or
            (ii) less than 1 mile laterally from any geographic feature
          within the park (unless more than  1/2  mile outside the
          boundary).

          (B) Factors to consider. - In making a determination of
        whether a flight is a commercial air tour operation over a
        national park for purposes of this section, the Administrator
        may consider - 
            (i) whether there was a holding out to the public of
          willingness to conduct a sightseeing flight for compensation
          or hire;
            (ii) whether a narrative that referred to areas or points
          of interest on the surface below the route of the flight was
          provided by the person offering the flight;
            (iii) the area of operation;
            (iv) the frequency of flights conducted by the person
          offering the flight;
            (v) the route of flight;
            (vi) the inclusion of sightseeing flights as part of any
          travel arrangement package offered by the person offering the
          flight;
            (vii) whether the flight would have been canceled based on
          poor visibility of the surface below the route of the flight;
          and
            (viii) any other factors that the Administrator and the
          Director consider appropriate.

        (5) National park. - The term "national park" means any unit of
      the National Park System.
        (6) Tribal lands. - The term "tribal lands" means Indian
      country (as that term is defined in section 1151 of title 18)
      that is within or abutting a national park.
        (7) Administrator. - The term "Administrator" means the
      Administrator of the Federal Aviation Administration.
        (8) Director. - The term "Director" means the Director of the
      National Park Service.

-SOURCE-
    (Added Pub. L. 106-181, title VIII, Sec. 803(a), Apr. 5, 2000, 114
    Stat. 186; amended Pub. L. 108-176, title III, Sec. 323(a), Dec.
    12, 2003, 117 Stat. 2541; Pub. L. 109-115, div. A, title I, Sec.
    177, Nov. 30, 2005, 119 Stat. 2427.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this section, referred to in
    subsecs. (a)(4), (c)(2)(A), (3)(C), and (f)(2), is the date of
    enactment of Pub. L. 106-181, which was approved Apr. 5, 2000.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-115 inserted at end "For purposes
    of this subsection, an air tour operator flying over the Hoover Dam
    in the Lake Mead National Recreation Area en route to the Grand
    Canyon National Park shall be deemed to be flying solely as a
    transportation route."
      2003 - Subsec. (a)(1). Pub. L. 108-176, Sec. 323(a)(1), inserted
    ", as defined by this section," after "tribal lands" in
    introductory provisions.
      Subsec. (b)(3)(A), (B). Pub. L. 108-176, Sec. 323(a)(2), inserted
    "over a national park" after "operations".
      Subsec. (b)(3)(C). Pub. L. 108-176, Sec. 323(a)(3), inserted
    "over a national park that are also" after "operations".
      Subsec. (b)(3)(D). Pub. L. 108-176, Sec. 323(a)(4), substituted
    "over a national park" for "at the park".
      Subsec. (b)(3)(E). Pub. L. 108-176, Sec. 323(a)(5), inserted
    "over a national park" before "if the plan includes".
      Subsec. (c)(2)(A)(i), (B). Pub. L. 108-176, Sec. 323(a)(6),
    inserted "over a national park" after "operations".
      Subsec. (f)(1). Pub. L. 108-176, Sec. 323(a)(7), inserted "over a
    national park" after "operation".
      Subsec. (f)(4). Pub. L. 108-176, Sec. 323(a)(10), inserted "over
    a national park" after "operation" in heading.
      Subsec. (f)(4)(A). Pub. L. 108-176, Sec. 323(a)(8), in
    introductory provisions, substituted "commercial air tour operation
    over a national park" for "commercial air tour operation" and "park
    (except the Grand Canyon National Park), or over tribal lands
    (except those within or abutting the Grand Canyon National Park),"
    for "park, or over tribal lands,".
      Subsec. (f)(4)(B). Pub. L. 108-176, Sec. 323(a)(9), inserted
    "over a national park" after "operation" in introductory
    provisions.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

                       GRAND CANYON OVERFLIGHT RULES                   
      Pub. L. 109-115, div. A, title I, Sec. 177, Nov. 30, 2005, 119
    Stat. 2427, provided in part that: "Nothing in this provision
    [amending this section] shall allow exemption from overflight rules
    for the Grand Canyon."

        QUIET TECHNOLOGY RULEMAKING FOR AIR TOURS OVER GRAND CANYON
                               NATIONAL PARK
      Pub. L. 108-176, title III, Sec. 323(b), Dec. 12, 2003, 117 Stat.
    2541, provided that:
      "(1) Deadline for rule. - No later than January 2005, the
    Secretary of Transportation shall issue a final rule to establish
    standards for quiet technology that are reasonably achievable at
    Grand Canyon National Park, based on the Supplemental Notice of
    Proposed Rulemaking on Noise Limitations for Aircraft Operations in
    the Vicinity of Grand Canyon National Park, published in the
    Federal Register on March 24, 2003.
      "(2) Resolution of disputes. - Subject to applicable
    administrative law and procedures, if the Secretary determines that
    a dispute among interested parties (including outside groups) or
    government agencies cannot be resolved within a reasonable time
    frame and could delay finalizing the rulemaking described in
    subsection (a), or implementation of final standards under such
    rule, due to controversy over adoption of quiet technology routes,
    establishment of incentives to encourage adoption of such routes,
    establishment of incentives to encourage adoption of quite
    technology, or other measures to achieve substantial restoration of
    natural quiet, the Secretary shall refer such dispute to a
    recognized center for environmental conflict resolution."

                    NATIONAL PARKS AIR TOUR MANAGEMENT                
      Pub. L. 106-181, title VIII, Apr. 5, 2000, 114 Stat. 185, as
    amended by Pub. L. 106-528, Sec. 8(b), Nov. 22, 2000, 114 Stat.
    2522, provided that:

      "SEC. 801. SHORT TITLE.
      "This title may be cited as the 'National Parks Air Tour
    Management Act of 2000'.

      "SEC. 802. FINDINGS.
      "Congress finds that - 
        "(1) the Federal Aviation Administration has sole authority to
      control airspace over the United States;
        "(2) the Federal Aviation Administration has the authority to
      preserve, protect, and enhance the environment by minimizing,
      mitigating, or preventing the adverse effects of aircraft
      overflights on public and tribal lands;
        "(3) the National Park Service has the responsibility of
      conserving the scenery and natural and historic objects and
      wildlife in national parks and of providing for the enjoyment of
      the national parks in ways that leave the national parks
      unimpaired for future generations;
        "(4) the protection of tribal lands from aircraft overflights
      is consistent with protecting the public health and welfare and
      is essential to the maintenance of the natural and cultural
      resources of Indian tribes;
        "(5) the National Parks Overflights Working Group, composed of
      general aviation, commercial air tour, environmental, and Native
      American representatives, recommended that the Congress enact
      legislation based on the Group's consensus work product; and
        "(6) this title reflects the recommendations made by that
      Group.

      "SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
      "(a) In General. - [Enacted this section.]
      "(b) Conforming Amendment. - [Amended analysis for chapter 401 of
    this title.]
      "(c) Compliance With Other Regulations. - For purposes of section
    40128 of title 49, United States Code - 
        "(1) regulations issued by the Secretary of Transportation and
      the Administrator [of the Federal Aviation Administration] under
      section 3 of Public Law 100-91 (16 U.S.C. 1a-1 note); and
        "(2) commercial air tour operations carried out in compliance
      with the requirements of those regulations,
    shall be deemed to meet the requirements of such section 40128.

      "SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
      "(a) Quiet Technology Requirements. - Within 12 months after the
    date of the enactment of this Act [Apr. 5, 2000], the Administrator
    shall designate reasonably achievable requirements for fixed-wing
    and helicopter aircraft necessary for such aircraft to be
    considered as employing quiet aircraft technology for purposes of
    this section. If the Administrator determines that the
    Administrator will not be able to make such designation before the
    last day of such 12-month period, the Administrator shall transmit
    to Congress a report on the reasons for not meeting such time
    period and the expected date of such designation.
      "(b) Routes or Corridors. - In consultation with the Director and
    the advisory group established under section 805, the Administrator
    shall establish, by rule, routes or corridors for commercial air
    tour operations (as defined in section 40128(f) of title 49, United
    States Code) by fixed-wing and helicopter aircraft that employ
    quiet aircraft technology for - 
        "(1) tours of the Grand Canyon originating in Clark County,
      Nevada; and
        "(2) 'local loop' tours originating at the Grand Canyon
      National Park Airport, in Tusayan, Arizona,
    provided that such routes or corridors can be located in areas that
    will not negatively impact the substantial restoration of natural
    quiet, tribal lands, or safety.
      "(c) Operational Caps. - Commercial air tour operations by any
    fixed-wing or helicopter aircraft that employs quiet aircraft
    technology and that replaces an existing aircraft shall not be
    subject to the operational flight allocations that apply to other
    commercial air tour operations of the Grand Canyon, provided that
    the cumulative impact of such operations does not increase noise at
    the Grand Canyon.
      "(d) Modification of Existing Aircraft To Meet Standards. - A
    commercial air tour operation by a fixed-wing or helicopter
    aircraft in a commercial air tour operator's fleet on the date of
    the enactment of this Act [Apr. 5, 2000] that meets the
    requirements designated under subsection (a), or is subsequently
    modified to meet the requirements designated under subsection (a),
    may be used for commercial air tour operations under the same terms
    and conditions as a replacement aircraft under subsection (c)
    without regard to whether it replaces an existing aircraft.
      "(e) Mandate To Restore Natural Quiet. - Nothing in this Act
    [should be "this title"] shall be construed to relieve or diminish -
     
        "(1) the statutory mandate imposed upon the Secretary of the
      Interior and the Administrator of the Federal Aviation
      Administration under Public Law 100-91 (16 U.S.C. 1a-1 note) to
      achieve the substantial restoration of the natural quiet and
      experience at the Grand Canyon National Park; and
        "(2) the obligations of the Secretary and the Administrator to
      promulgate forthwith regulations to achieve the substantial
      restoration of the natural quiet and experience at the Grand
      Canyon National Park.

      "SEC. 805. ADVISORY GROUP.
      "(a) Establishment. - Not later than 1 year after the date of the
    enactment of this Act [Apr. 5, 2000], the Administrator [of the
    Federal Aviation Administration] and the Director of the National
    Park Service shall jointly establish an advisory group to provide
    continuing advice and counsel with respect to commercial air tour
    operations over and near national parks.
      "(b) Membership. - 
        "(1) In general. - The advisory group shall be composed of - 
          "(A) a balanced group of - 
            "(i) representatives of general aviation;
            "(ii) representatives of commercial air tour operators;
            "(iii) representatives of environmental concerns; and
            "(iv) representatives of Indian tribes;
          "(B) a representative of the Federal Aviation Administration;
        and
          "(C) a representative of the National Park Service.
        "(2) Ex officio members. - The Administrator (or the designee
      of the Administrator) and the Director (or the designee of the
      Director) shall serve as ex officio members.
        "(3) Chairperson. - The representative of the Federal Aviation
      Administration and the representative of the National Park
      Service shall serve alternating 1-year terms as chairman of the
      advisory group, with the representative of the Federal Aviation
      Administration serving initially until the end of the calendar
      year following the year in which the advisory group is first
      appointed.
      "(c) Duties. - The advisory group shall provide advice,
    information, and recommendations to the Administrator and the
    Director - 
        "(1) on the implementation of this title and the amendments
      made by this title;
        "(2) on commonly accepted quiet aircraft technology for use in
      commercial air tour operations over a national park or tribal
      lands, which will receive preferential treatment in a given air
      tour management plan;
        "(3) on other measures that might be taken to accommodate the
      interests of visitors to national parks; and
        "(4) at the request of the Administrator and the Director,
      safety, environmental, and other issues related to commercial air
      tour operations over a national park or tribal lands.
      "(d) Compensation; Support; FACA. - 
        "(1) Compensation and travel. - Members of the advisory group
      who are not officers or employees of the United States, while
      attending conferences or meetings of the group or otherwise
      engaged in its business, or while serving away from their homes
      or regular places of business, may be allowed travel expenses,
      including per diem in lieu of subsistence, as authorized by
      section 5703 of title 5, United States Code, for persons in the
      Government service employed intermittently.
        "(2) Administrative support. - The Federal Aviation
      Administration and the National Park Service shall jointly
      furnish to the advisory group clerical and other assistance.
        "(3) Nonapplication of faca. - Section 14 of the Federal
      Advisory Committee Act (5 U.S.C. App.) does not apply to the
      advisory group.

      "SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE
        ROCKY MOUNTAIN NATIONAL PARK.
      "Effective beginning on the date of the enactment of this Act
    [Apr. 5, 2000], no commercial air tour operation may be conducted
    in the airspace over the Rocky Mountain National Park
    notwithstanding any other provision of this Act or section 40128 of
    title 49, United States Code.

      "SEC. 807. REPORTS.
      "(a) Overflight Fee Report. - Not later than 180 days after the
    date of the enactment of this Act [Apr. 5, 2000], the Administrator
    [of the Federal Aviation Administration] shall transmit to Congress
    a report on the effects overflight fees are likely to have on the
    commercial air tour operation industry. The report shall include,
    but shall not be limited to - 
        "(1) the viability of a tax credit for the commercial air tour
      operators equal to the amount of any overflight fees charged by
      the National Park Service; and
        "(2) the financial effects proposed offsets are likely to have
      on Federal Aviation Administration budgets and appropriations.
      "(b) Quiet Aircraft Technology Report. - Not later than 2 years
    after the date of the enactment of this Act, the Administrator and
    the Director of the National Park Service shall jointly transmit a
    report to Congress on the effectiveness of this title in providing
    incentives for the development and use of quiet aircraft
    technology.

      "SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
      "Any methodology adopted by a Federal agency to assess air tour
    noise in any unit of the national park system (including the Grand
    Canyon and Alaska) shall be based on reasonable scientific methods.

      "SEC. 809. ALASKA EXEMPTION.
      "The provisions of this title and section 40128 of title 49,
    United States Code, as added by section 803(a), do not apply to any
    land or waters located in Alaska."

-End-



-CITE-
    49 USC Sec. 40129                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart i - general
    CHAPTER 401 - GENERAL PROVISIONS

-HEAD-
    Sec. 40129. Collaborative decisionmaking pilot program

-STATUTE-
      (a) Establishment. - Not later than 90 days after the date of
    enactment of this section, the Administrator of the Federal
    Aviation Administration shall establish a collaborative
    decisionmaking pilot program in accordance with this section.
      (b) Duration. - Except as provided in subsection (k), the pilot
    program shall be in effect for a period of 2 years.
      (c) Guidelines. - 
        (1) Issuance. - The Administrator, with the concurrence of the
      Attorney General, shall issue guidelines concerning the pilot
      program. Such guidelines, at a minimum, shall - 
          (A) define a capacity reduction event;
          (B) establish the criteria and process for determining when a
        capacity reduction event exists that warrants the use of
        collaborative decisionmaking among carriers at airports
        participating in the pilot program; and
          (C) prescribe the methods of communication to be implemented
        among carriers during such an event.

        (2) Views. - The Administrator may obtain the views of
      interested parties in issuing the guidelines.

      (d) Effect of Determination of Existence of Capacity Reduction
    Event. - Upon a determination by the Administrator that a capacity
    reduction event exists, the Administrator may authorize air
    carriers and foreign air carriers operating at an airport
    participating in the pilot program to communicate for a period of
    time not to exceed 24 hours with each other concerning changes in
    their respective flight schedules in order to use air traffic
    capacity most effectively. The Administration shall facilitate and
    monitor such communication. The Attorney General, or the Attorney
    General's designee, may monitor such communication.
      (e) Selection of Participating Airports. - Not later than 30 days
    after the date on which the Administrator establishes the pilot
    program, the Administrator shall select 2 airports to participate
    in the pilot program from among the most capacity-constrained
    airports in the Nation based on the Administration's Airport
    Capacity Benchmark Report 2001 or more recent data on airport
    capacity that is available to the Administrator. The Administrator
    shall select an airport for participation in the pilot program if
    the Administrator determines that collaborative decisionmaking
    among air carriers and foreign air carriers would reduce delays at
    the airport and have beneficial effects on reducing delays in the
    national airspace system as a whole.
      (f) Eligibility of Air Carriers. - An air carrier or foreign air
    carrier operating at an airport selected to participate in the
    pilot program is eligible to participate in the pilot program if
    the Administrator determines that the carrier has the operational
    and communications capability to participate in the pilot program.
      (g) Modification or Termination of Pilot Program at an Airport. -
    The Administrator, with the concurrence of the Attorney General,
    may modify or end the pilot program at an airport before the term
    of the pilot program has expired, or may ban an air carrier or
    foreign air carrier from participating in the program, if the
    Administrator determines that the purpose of the pilot program is
    not being furthered by participation of the airport or air carrier
    or if the Secretary of Transportation, with the concurrence of the
    Attorney General, finds that the pilot program or the participation
    of an air carrier or foreign air carrier in the pilot program has
    had, or is having, an adverse effect on competition among carriers.
      (h) Antitrust Immunity. - 
        (1) In general. - Unless, within 5 days after receiving notice
      from the Secretary of the Secretary's intention to exercise
      authority under this subsection, the Attorney General submits to
      the Secretary a written objection to such action, including
      reasons for such objection, the Secretary may exempt an air
      carrier's or foreign air carrier's activities that are necessary
      to participate in the pilot program under this section from the
      antitrust laws for the sole purpose of participating in the pilot
      program. Such exemption shall not extend to any discussions,
      agreements, or activities outside the scope of the pilot program.
        (2) Antitrust laws defined. - In this section, the term
      "antitrust laws" has the meaning given that term in the first
      section of the Clayton Act (15 U.S.C. 12).

      (i) Consultation With Attorney General. - The Secretary shall
    consult with the Attorney General regarding the design and
    implementation of the pilot program, including determining whether
    a limit should be set on the number of occasions collaborative
    decisionmaking could be employed during the initial 2-year period
    of the pilot program.
      (j) Evaluation. - 
        (1) In general. - Before the expiration of the 2-year period
      for which the pilot program is authorized under subsection (b),
      the Administrator shall determine whether the pilot program has
      facilitated more effective use of air traffic capacity and the
      Secretary, with the concurrence of the Attorney General, shall
      determine whether the pilot program has had an adverse effect on
      airline competition or the availability of air services to
      communities. The Administrator shall also examine whether
      capacity benefits resulting from the participation in the pilot
      program of an airport resulted in capacity benefits to other
      parts of the national airspace system.
        (2) Obtaining necessary data. - The Administrator may require
      participating air carriers and airports to provide data necessary
      to evaluate the pilot program's impact.

      (k) Extension of Pilot Program. - At the end of the 2-year period
    for which the pilot program is authorized, the Administrator, with
    the concurrence of the Attorney General, may continue the pilot
    program for an additional 2 years and expand participation in the
    program to up to 7 additional airports if the Administrator
    determines pursuant to subsection (j) that the pilot program has
    facilitated more effective use of air traffic capacity and if the
    Secretary, with the concurrence of the Attorney General, determines
    that the pilot program has had no adverse effect on airline
    competition or the availability of air services to communities. The
    Administrator shall select the additional airports to participate
    in the extended pilot program in the same manner in which airports
    were initially selected to participate.

-SOURCE-
    (Added Pub. L. 108-176, title IV, Sec. 423(a), Dec. 12, 2003, 117
    Stat. 2552.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (a), is the date of enactment of Pub. L. 108-176, which was
    approved Dec. 12, 2003.


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    2003, except as otherwise specifically provided, see section 3 of
    Pub. L. 108-176, set out as an Effective Date of 2003 Amendment
    note under section 106 of this title.

-End-


-CITE-
    49 USC subpart ii - economic regulation                     01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart ii - economic regulation

-HEAD-
                     SUBPART II - ECONOMIC REGULATION                 

-End-