49 U.S.C. § 40101 (TRANSPORTATION)
§ 40101. Policy
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1094; Pub. L. 104–264, title IV, § 401(a), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 106–181, title II, § 201, Apr. 5, 2000, 114 Stat. 91.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40101(a)
49 App.:1302(a).
Aug. 23, 1958, Pub. L. 85–726, § 102(a), 72 Stat. 740; Nov. 9, 1977, Pub. L. 95–163, § 16(b)(1), (2), 91 Stat. 1284; Oct. 24, 1978, Pub. L. 95–504, § 3(a), 92 Stat. 1705; restated Feb. 15, 1980, Pub. L. 96–192, § 2, 94 Stat. 35.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
40101(b)
49 App.:1302(b).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 102(b); added Nov. 9, 1977, Pub. L. 95–163, § 16(b)(3), 91 Stat. 1284.
49 App.:1551(b)(1)(E).
40101(c)
49 App.:1347.
Aug. 23, 1958, Pub. L. 85–726, § 306, 72 Stat. 749.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
40101(d)
49 App.:1303.
Aug. 23, 1958, Pub. L. 85–726, § 103, 72 Stat. 740; Nov. 18, 1988, Pub. L. 100–690, § 7202(b), 102 Stat. 4424.
49 App.:1655(c)(1).
40101(e)
49 App.:1502(b).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1102(b); added Feb. 15, 1980, Pub. L. 96–192, § 17, 94 Stat. 42.
49 App.:1551(b)(1)(E).
40101(f)
49 App.:1302(c).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 102(c); added Oct. 31, 1992, Pub. L. 102–581, § 205, 106 Stat. 4894.
In this part, the words “overseas air commerce” and “overseas air transportation” are omitted as obsolete because there no longer is a distinction in economic or safety regulation between “interstate” and “overseas” air commerce or air transportation.
In this section, the words “In carrying out . . . this part” are substituted for “In the exercise and performance of its powers and duties under this chapter” in 49 App.:1302(a), “In the exercise and performance of his powers and duties under this chapter” in 49 App.:1303, and “In exercising the authority granted in, and discharging the duties imposed by, this chapter” in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Civil Aeronautics Board was given responsibility for economic issues.
In subsection (a)(2), the word “full” is omitted as surplus. The words “the recommendations of the Secretary of Transportation on” are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words “and full evaluation of any report or recommendation submitted under section 1307 of this Appendix” are omitted as obsolete because the report and recommendations are no longer required.
In subsection (a)(4), the words “by air carriers and foreign air carriers” are omitted as surplus. The words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words “nevertheless”, “on the one hand”, and “on the other” are omitted as surplus.
In subsection (a)(8), before subclause (A), the word “authorities” is substituted for “entities” for consistency in the revised title and with other titles of the Code. In subclause (A), the words “sole responsibility” are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words “United States” are omitted as surplus because of the definition of “air carrier” in section 40102(a) of the revised title.
In subsection (b)(3), the words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for consistency in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word “Administrator” in section 306 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words “consider the following matters” are substituted for “give full consideration to” for consistency in this section.
In subsection (d)(3), the word “both” in 49 App.:1303(c) is omitted as surplus the first time it appears. The words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in section 40102(a) of the revised title. The words “of those operations” are added for clarity.
In subsection (d)(5), the word “both” in 49 App.:1303(e) is omitted as surplus.
In subsection (e), before clause (1), the words “the Congress intends that” are omitted as surplus. In clauses (1) and (4), the words “United States” are omitted as surplus because of the definition of “air carrier” in section 40102(a) of the revised title. In clause (2), the word “prices” is substituted for “fares and rates” because of the definition of “price” in section 40102(a). In clause (8), the words “places in the United States” are substituted for “United States points” for consistency in this chapter. The word “air” is added for clarity and consistency in this subtitle. In clause (9)(C), the word “unreasonable” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.
heading: Amendments
text: 2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).
1996—Subsec. (d)(1). Pub. L. 104–264, § 401(a)(1)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104–264, § 401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out “its development and” after “best promotes”. Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104–264, § 401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted “encouraging and developing civil aeronautics, including new aviation technology” for “promoting, encouraging, and developing civil aeronautics”. Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104–264, § 401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
heading: Effective Date of 2012 Amendment
text: Pub. L. 112–95, § 3, Feb. 14, 2012, 126 Stat. 15, provided that: “Except as otherwise expressly provided, this Act [see Tables for classification] and the amendments made by this Act shall take effect on the date of enactment of this Act [Feb. 14, 2012].”
heading: Effective Date of 2000 Amendment
text: 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.
heading: Effective Date of 1996 Amendment
text: 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.
heading: Short Title of 2018 Amendment
text: Pub. L. 115–254, § 1(a), Oct. 5, 2018, 132 Stat. 3186, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Reauthorization Act of 2018’.”
Pub. L. 115–254, div. B, title III, § 391, Oct. 5, 2018, 132 Stat. 3323, provided that: “This subtitle [subtitle C (§§ 391–396) of title III of div. B of Pub. L. 115–254, enacting section 47124a of this title, amending section 44709 of this title, enacting provisions set out as notes under sections 44701 and 46101 of this title, and amending provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the ‘Fairness for Pilots Act’.”
Pub. L. 115–254, div. B, title VII, § 701, Oct. 5, 2018, 132 Stat. 3409, provided that: “This title [enacting sections 44518 and 47511 of this title and sections 2801 to 2811 of Title 43, Public Lands, amending sections 44508 and 48102 of this title, and enacting provisions set out as notes under this section and sections 106, 44505, and 44802 of this title and section 2801 of Title 43] may be cited as the ‘FAA Leadership in Groundbreaking High-Tech Research and Development Act’ or the ‘FLIGHT R&D Act’.”
Pub. L. 115–254, div. C, § 1101, Oct. 5, 2018, 132 Stat. 3429, provided that: “This division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1101, 1116, and 1119 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act’.”
heading: Short Title of 2016 Amendment
text: Pub. L. 114–242, § 1, Oct. 7, 2016, 130 Stat. 978, provided that: “This Act [amending section 40122 of this title and enacting provisions set out as notes under section 40122 of this title] may be cited as the ‘Federal Aviation Administration Veteran Transition Improvement Act of 2016’.”
Pub. L. 114–190, § 1(a), July 15, 2016, 130 Stat. 615, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Extension, Safety, and Security Act of 2016’.”
heading: Short Title of 2015 Amendment
text: Pub. L. 114–113, div. O, title IV, § 401, Dec. 18, 2015, 129 Stat. 3000, provided that: “This title [enacting section 10609 of Title 42, The Public Health and Welfare, amending section 905 of Title 2, The Congress, enacting provisions set out as a note under section 905 of Title 2, and amending provisions set out as notes under this section] may be cited as the ‘James Zadroga 9/11 Victim Compensation Fund Reauthorization Act’.”
heading: Short Title of 2014 Amendment
text: Pub. L. 113–238, § 1, Dec. 18, 2014, 128 Stat. 2842, provided that: “This Act [enacting section 44946 of this title] may be cited as the ‘Aviation Security Stakeholder Participation Act of 2014’.”
Pub. L. 113–221, § 1, Dec. 16, 2014, 128 Stat. 2094, provided that: “This Act [enacting section 44928 of this title] may be cited as the ‘Honor Flight Act’.”
heading: Short Title of 2013 Amendment
text: Pub. L. 113–27, § 1, Aug. 9, 2013, 127 Stat. 503, provided that: “This Act [enacting section 44927 of this title] may be cited as the ‘Helping Heroes Fly Act’.”
Pub. L. 112–271, § 1, Jan. 14, 2013, 126 Stat. 2446, provided that: “This Act [amending section 44945 of this title] may be cited as the ‘Clothe a Homeless Hero Act’.”
heading: Short Title of 2012 Amendment
text: Pub. L. 112–218, § 1, Dec. 20, 2012, 126 Stat. 1593, provided that: “This Act [amending section 44901 of this title] may be cited as the ‘No-Hassle Flying Act of 2012’.”
Pub. L. 112–153, § 1, Aug. 3, 2012, 126 Stat. 1159, provided that: “This Act [amending sections 44703, 44709, and 44710 of this title and enacting provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the ‘Pilot’s Bill of Rights’.”
Pub. L. 112–95, § 1(a), Feb. 14, 2012, 126 Stat. 11, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Modernization and Reform Act of 2012’.”
Pub. L. 112–86, § 1, Jan. 3, 2012, 125 Stat. 1874, provided that: “This Act [amending section 44903 of this title and enacting provisions set out as a note under section 44903 of this title] may be cited as the ‘Risk-Based Security Screening for Members of the Armed Forces Act’.”
heading: Short Title of 2010 Amendment
text: Pub. L. 111–216, § 1, Aug. 1, 2010, 124 Stat. 2348, provided that: “This Act [amending sections 106, 1135, 40117, 41712, 44302, 44303, 44703, 47104, 47107, 47115, 47141, 48101, 48102, and 49108 of this title and sections 4081, 4261, 4271, and 9502 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 40117 and 44701 of this title and sections 4081 and 9502 of Title 26, and amending provisions set out as a note under section 47109 of this title] may be cited as the ‘Airline Safety and Federal Aviation Administration Extension Act of 2010’.”
heading: Short Title of 2007 Amendment
text: Pub. L. 110–135, § 1, Dec. 13, 2007, 121 Stat. 1450, provided that: “This Act [enacting section 44729 of this title] may be cited as the ‘Fair Treatment for Experienced Pilots Act’.”
Pub. L. 110–113, § 1, Nov. 8, 2007, 121 Stat. 1039, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Procedural Fairness for September 11 Victims Act of 2007’.”
heading: Short Title of 2004 Amendment
text: Pub. L. 108–297, § 1, Aug. 9, 2004, 118 Stat. 1095, provided that: “This Act [enacting section 44113 of this title, amending sections 44107 and 44108 of this title, and enacting provisions set out as notes under section 44101 of this title] may be cited as ‘Cape Town Treaty Implementation Act of 2004’.”
heading: Short Title of 2003 Amendment
text: Pub. L. 108–176, § 1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: “This Act [see Tables for classification] may be cited as the ‘Vision 100—Century of Aviation Reauthorization Act’.”
Pub. L. 108–176, title III, § 301, Dec. 12, 2003, 117 Stat. 2533, provided that: “This title [enacting subchapter III of chapter 471 of this title, amending sections 40104, 40128, 47106, 47503, and 47504 of this title, and enacting provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be cited as ‘Aviation Streamlining Approval Process Act of 2003’.”
heading: Short Title of 2002 Amendment
text: Pub. L. 107–296, title XIV, § 1401, Nov. 25, 2002, 116 Stat. 2300, provided that: “This title [enacting section 44921 of this title and section 513 of Title 6, Domestic Security, amending sections 44903 and 44918 of this title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as a note under section 44903 of this title] may be cited as the ‘Arming Pilots Against Terrorism Act’.”
heading: Short Title of 2001 Amendment
text: Pub. L. 107–71, § 1, Nov. 19, 2001, 115 Stat. 597, provided that: “This Act [see Tables for classification] may be cited as the ‘Aviation and Transportation Security Act’.”
heading: Short Title of 2000 Amendments
text: Pub. L. 106–528, § 1, Nov. 22, 2000, 114 Stat. 2517, provided that: “This Act [amending sections 106, 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 106, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] may be cited as the ‘Airport Security Improvement Act of 2000’.”
Pub. L. 106–181, § 1(a), Apr. 5, 2000, 114 Stat. 61, provided that: “This Act [see Tables for classification] may be cited as the ‘Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’.”
heading: Short Title of 1999 Amendment
text: Pub. L. 106–6, § 1, Mar. 31, 1999, 113 Stat. 10, provided that: “This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101, and 48103 of this title] may be cited as the ‘Interim Federal Aviation Administration Authorization Act’.”
heading: Short Title of 1998 Amendment
text: Pub. L. 105–155, § 1, Feb. 11, 1998, 112 Stat. 5, provided that: “This Act [amending section 48102 of this title and enacting provisions set out as a note under section 48102 of this title] may be cited as the ‘FAA Research, Engineering, and Development Authorization Act of 1998’.”
heading: Short Title of 1997 Amendment
text: Pub. L. 105–137, § 1, Dec. 2, 1997, 111 Stat. 2640, provided that: “This Act [amending sections 40102, 44302, 44305, 44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title] may be cited as the ‘Aviation Insurance Reauthorization Act of 1997’.”
heading: Short Title of 1996 Amendment
text: Pub. L. 104–264, § 1(a), Oct. 9, 1996, 110 Stat. 3213, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Aviation Reauthorization Act of 1996’.”
Pub. L. 104–264, title II, § 201, Oct. 9, 1996, 110 Stat. 3227, provided that: “This title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the ‘Air Traffic Management System Performance Improvement Act of 1996’.”
Pub. L. 104–264, title II, § 278(a), Oct. 9, 1996, 110 Stat. 3249, provided that: “This section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of this title] may be cited as the ‘Rural Air Service Survival Act’.”
Pub. L. 104–264, title V, § 501, Oct. 9, 1996, 110 Stat. 3259, provided that: “This title [amending sections 30305, 44936, and 46301 of this title and enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the ‘Pilot Records Improvement Act of 1996’.”
Pub. L. 104–264, title VI, § 601, Oct. 9, 1996, 110 Stat. 3263, provided that: “This title [enacting section 44724 of this title] may be cited as the ‘Child Pilot Safety Act’.”
Pub. L. 104–264, title VII, § 701, Oct. 9, 1996, 110 Stat. 3264, provided that: “This title [enacting sections 1136 and 41113 of this title and provisions set out as notes under section 41113 of this title] may be cited as the ‘Aviation Disaster Family Assistance Act of 1996’.”
Pub. L. 104–264, title VIII, § 801, Oct. 9, 1996, 110 Stat. 3269, provided that: “This title [enacting section 47133 of this title, amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title] may be cited as the ‘Airport Revenue Protection Act of 1996’.”
Pub. L. 104–264, title XI, § 1101, Oct. 9, 1996, 110 Stat. 3278, provided that: “This title [amending sections 44501, 44508, and 48102 of this title] may be cited as the ‘FAA Research, Engineering, and Development Management Reform Act of 1996’.”
heading: Short Title of 1994 Amendment
text: Pub. L. 103–305, § 1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: “This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code, renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348 of former Title 49, Transportation] may be cited as the ‘Federal Aviation Administration Authorization Act of 1994’.”
Pub. L. 103–305, title III, § 301, Aug. 23, 1994, 108 Stat. 1589, provided that: “This title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the ‘Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994’.”
heading: FAA Leadership on Civil Supersonic Aircraft
text: Pub. L. 115–254, div. B, title I, § 181, Oct. 5, 2018, 132 Stat. 3230, provided that:
“(a) In General.—
The Administrator of the Federal Aviation Administration shall exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft.
“(b) Exercise of Leadership.—
In carrying out subsection (a), the Administrator shall—
“(1) consider the needs of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe commercial deployment of civil supersonic aircraft technology and the safe and efficient operation of civil supersonic aircraft; and
“(2) obtain the input of aerospace industry stakeholders regarding—
“(A) the appropriate regulatory framework and timeline for permitting the safe and efficient operation of civil supersonic aircraft within United States airspace, including updating or modifying existing regulations on such operation;
“(B) issues related to standards and regulations for the type certification and safe operation of civil supersonic aircraft, including noise certification, including—
“(i) the operational differences between subsonic aircraft and supersonic aircraft;
“(ii) costs and benefits associated with landing and takeoff noise requirements for civil supersonic aircraft, including impacts on aircraft emissions;
“(iii) public and economic benefits of the operation of civil supersonic aircraft and associated aerospace industry activity; and
“(iv) challenges relating to ensuring that standards and regulations aimed at relieving and protecting the public health and welfare from aircraft noise and sonic booms are economically reasonable, technologically practicable, and appropriate for civil supersonic aircraft; and
“(C) other issues identified by the Administrator or the aerospace industry that must be addressed to enable the safe commercial deployment and safe and efficient operation of civil supersonic aircraft.
“(c) International Leadership.—
The Administrator, in the appropriate international forums, shall take actions that—
“(1) demonstrate global leadership under subsection (a);
“(2) address the needs of the aerospace industry identified under subsection (b); and
“(3) protect the public health and welfare.
“(d) Report to Congress.—
Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report detailing—
“(1) the Administrator’s actions to exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft;
“(2) planned, proposed, and anticipated actions to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of industry consultation and feedback; and
“(3) a timeline for any actions to be taken to update or modify existing policies and regulations related to civil supersonic aircraft.
“(e) Long-term Regulatory Reform.—
“(1) Noise standards.—
Not later than March 31, 2020, the Administrator shall issue a notice of proposed rulemaking to revise part 36 of title 14, Code of Federal Regulations, to include supersonic aircraft in the applicability of such part. The proposed rule shall include necessary definitions, noise standards for landing and takeoff, and noise test requirements that would apply to a civil supersonic aircraft.
“(2) Special flight authorizations.—
Not later than December 31, 2019, the Administrator shall issue a notice of proposed rulemaking to revise appendix B of part 91 of title 14, Code of Federal Regulations, to modernize the application process for a person applying to operate a civil aircraft at supersonic speeds for the purposes stated in that rule.
“(f) Near-Term Certification of Supersonic Civil Aircraft.—
“(1) In general.—
If a person submits an application requesting type certification of a civil supersonic aircraft pursuant to part 21 of title 14, Code of Federal Regulations, before the Administrator promulgates a final rule amending part 36 of title 14, Code of Federal Regulations, in accordance with subsection (e)(1), the Administrator shall, not later than 18 months after having received such application, issue a notice of proposed rulemaking applicable solely for the type certification, inclusive of the aircraft engines, of the supersonic aircraft design for which such application was made.
“(2) Contents.—
A notice of proposed rulemaking described in paragraph (1) shall—
“(A) address safe operation of the aircraft type, including development and flight testing prior to type certification;
“(B) address manufacturing of the aircraft;
“(C) address continuing airworthiness of the aircraft;
“(D) specify landing and takeoff noise standards for that aircraft type that the Administrator considers appropriate, practicable, and consistent with section 44715 of title 49, United States Code; and
“(E) consider differences between subsonic and supersonic aircraft including differences in thrust requirements at equivalent gross weight, engine requirements, aerodynamic characteristics, operational characteristics, and other physical properties.
“(3) Noise and performance data.—
The requirement of the Administrator to issue a notice of proposed rulemaking under paragraph (1) shall apply only if an application contains sufficient aircraft noise and performance data as the Administrator finds necessary to determine appropriate noise standards and operating limitations for the aircraft type consistent with section 44715 of title 49, United States Code.
“(4) Final rule.—
Not later than 18 months after the end of the public comment period provided in the notice of proposed rulemaking required under paragraph (1), the Administrator shall publish in the Federal Register a final rule applying solely to the aircraft model submitted for type certification.
“(5) Review of rules of civil supersonic flights.—
Beginning December 31, 2020, and every 2 years thereafter, the Administrator shall review available aircraft noise and performance data, and consult with heads of appropriate Federal agencies, to determine whether section 91.817 of title 14, Code of Federal Regulations, and Appendix B of part 91 of title 14, Code of Federal Regulations, may be amended, consistent with section 44715 of title 49, United States Code, to permit supersonic flight of civil aircraft over land in the United States.
“(6) Implementation of noise standards.—
The portion of the regulation issued by the Administrator of the Federal Aviation Administration titled ‘Revision of General Operating and Flight Rules’ and published in the Federal Register on August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of civil aircraft at a true flight Mach number greater than 1 shall have no force or effect beginning on the date on which the Administrator publishes in the Federal Register a final rule specifying sonic boom noise standards for civil supersonic aircraft.”
heading: Aircraft Air Quality
text: Pub. L. 115–254, div. B, title III, § 326, Oct. 5, 2018, 132 Stat. 3271, provided that:
“(a) Educational Materials.—
Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall, in consultation with relevant stakeholders, establish and make available on a publicly available Internet website of the Administration, educational materials for flight attendants, pilots, and aircraft maintenance technicians on how to respond to incidents on board aircraft involving smoke or fumes.
“(b) Reporting of Incidents of Smoke or Fumes on Board Aircraft.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall, in consultation with relevant stakeholders, issue guidance for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by a commercial air carrier and with respect to the basis on which commercial air carriers shall report such incidents through the Service Difficulty Reporting System.
“(c) Research to Develop Techniques to Monitor Bleed Air Quality.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall commission a study by the Airliner Cabin Environment Research Center of Excellence—
“(1) to identify and measure the constituents and levels of constituents resulting from bleed air in the cabins of a representative set of commercial aircraft in operation of the United States;
“(2) to assess the potential health effects of such constituents on passengers and cabin and flight deck crew;
“(3) to identify technologies suitable to provide reliable and accurate warning of bleed air contamination, including technologies to effectively monitor the aircraft air supply system when the aircraft is in flight; and
“(4) to identify potential techniques to prevent fume events.
“(d) Report Required.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality.
“(e) Pilot Program.—
The FAA may conduct a pilot program to evaluate the effectiveness of technologies identified in subsection (c).”
heading: Performance-Based Standards
text: Pub. L. 115–254, div. B, title III, § 329, Oct. 5, 2018, 132 Stat. 3272, provided that: “The Administrator [of the Federal Aviation Administration] shall, to the maximum extent possible and consistent with Federal law, and based on input by the public, ensure that regulations, guidance, and policies issued by the FAA on and after the date of enactment of this Act [Oct. 5, 2018] are issued in the form of performance-based standards, providing an equal or higher level of safety.”
heading: Return on Investment Report
text: Pub. L. 115–254, div. B, title V, § 503(a)–(d), Oct. 5, 2018, 132 Stat. 3352, 3353, provided that:
“(a) In General.—
Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and annually thereafter until the date that each NextGen [Next Generation Air Transportation System] program has a positive return on investment, the Administrator [of the Federal Aviation Administration] shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the status of each NextGen program, including the most recent NextGen priority list under subsection (c).
“(b) Contents.—
The report under subsection (a) shall include, for each NextGen program—
“(1) an estimate of the date the program will have a positive return on investment;
“(2) an explanation for any delay in the delivery of expected benefits from previously published estimates on delivery of such benefits, in implementing or utilizing the program;
“(3) an estimate of the completion date;
“(4) an assessment of the long-term and near-term user benefits of the program for—
“(A) the Federal Government; and
“(B) the users of the national airspace system; and
“(5) a description of how the program directly contributes to a safer and more efficient air traffic control system.
“(c) NextGen Priority List.—
Based on the assessment under subsection (a), the Administrator shall—
“(1) develop, in coordination with the NextGen Advisory Committee and considering the need for a balance between long-term and near-term user benefits, a prioritization of the NextGen programs;
“(2) annually update the priority list under paragraph (1); and
“(3) prepare budget submissions to reflect the current status of NextGen programs and projected returns on investment for each NextGen program.
“(d) Definition of Return on Investment.—
In this section, the term ‘return on investment’ means the cost associated with technologies that are required by law or policy as compared to the financial benefits derived from such technologies by a government or a user of airspace.”
heading: Human Factors
text: Pub. L. 115–254, div. B, title V, § 507, Oct. 5, 2018, 132 Stat. 3354, provided that:
“(a) In General.—
In order to avoid having to subsequently modify products and services developed as a part of NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall—
“(1) recognize and incorporate, in early design phases of all relevant NextGen programs, the human factors and procedural and airspace implications of stated goals and associated technical changes; and
“(2) ensure that a human factors specialist, separate from the research and certification groups, is directly involved with the NextGen approval process.
“(b) Report.—
Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the progress made toward implementing the requirements under subsection (a).”
heading: Programmatic Risk Management
text: Pub. L. 115–254, div. B, title V, § 508, Oct. 5, 2018, 132 Stat. 3355, provided that:
“To better inform the [Federal Aviation] Administration’s decisions regarding the prioritization of efforts and allocation of resources for NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall—
“(1) solicit input from specialists in probability and statistics to identify and prioritize the programmatic and implementation risks to NextGen; and
“(2) develop a method to manage and mitigate the risks identified in paragraph (1).”
heading: Part 91 Review, Reform, and Streamlining
text: Pub. L. 115–254, div. B, title V, § 513, Oct. 5, 2018, 132 Stat. 3357, provided that:
“(a) Establishment of Task Force.—
Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall establish a task force comprised of representatives of the general aviation industry who regularly perform part 91 operations, labor unions (including those representing FAA aviation safety inspectors and FAA aviation safety engineers), manufacturers, and the Government to—
“(1) conduct an assessment of the FAA oversight and authorization processes and requirements for aircraft under part 91; and
“(2) make recommendations to streamline the applicable authorization and approval processes, improve safety, and reduce regulatory cost burdens and delays for the FAA and aircraft owners and operators who operate pursuant to part 91.
“(b) Contents.—
In conducting the assessment and making recommendations under subsection (a), the task force shall consider—
“(1) process reforms and improvements to allow the FAA to review and approve applications in a fair and timely fashion;
“(2) the appropriateness of requiring an authorization for each experimental aircraft rather than using a broader all-makes-and-models approach;
“(3) ways to improve the timely response to letters of authorization applications for aircraft owners and operators who operate pursuant to part 91, including setting deadlines and granting temporary or automatic authorizations if deadlines are missed by the FAA;
“(4) methods for enhancing the effective use of delegation systems;
“(5) methods for training the FAA’s field office employees in risk-based and safety management system oversight; and
“(6) such other matters related to streamlining part 91 authorization and approval processes as the task force considers appropriate.
“(c) Report to Congress.—
“(1) In general.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the task force’s assessment.
“(2) Contents.—
The report shall include an explanation of how the Administrator will—
“(A) implement the recommendations of the task force;
“(B) measure progress in implementing the recommendations; and
“(C) measure the effectiveness of the implemented recommendations.
“(d) Implementation of Recommendations.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall implement the recommendations made under this section.
“(e) Definition.—
In this section, the term ‘part 91’ means part 91 of title 14, Code of Federal Regulations.
“(f) Applicable Law.—
Public Law 92–463 [Federal Advisory Committee Act, 5 U.S.C. App.] shall not apply to the task force.
“(g) Sunset.—
The task force shall terminate on the day the Administrator submits the report required under subsection (c).”
heading: Pilots Sharing Flight Expenses With Passengers
text: Pub. L. 115–254, div. B, title V, § 515, Oct. 5, 2018, 132 Stat. 3358, provided that:
“(a) Guidance.—
“(1) In general.—
Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall make publicly available, in a clear and concise format, advisory guidance that describes how a pilot may share flight expenses with passengers in a manner consistent with Federal law, including regulations.
“(2) Examples included.—
The guidance shall include examples of—
“(A) flights for which pilots and passengers may share expenses;
“(B) flights for which pilots and passengers may not share expenses;
“(C) the methods of communication that pilots and passengers may use to arrange flights for which expenses are shared; and
“(D) the methods of communication that pilots and passengers may not use to arrange flights for which expenses are shared.
“(b) Report.—
“(1) In general.—
Not later than 180 days after the date on which guidance is made publicly available under subsection (a), the Comptroller General of the United States shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report analyzing Federal policy with respect to pilots sharing flight expenses with passengers.
“(2) Evaluations included.—
The report submitted under paragraph (1) shall include an evaluation of—
“(A) the rationale for such Federal policy;
“(B) safety and other concerns related to pilots sharing flight expenses with passengers; and
“(C) benefits related to pilots sharing flight expenses with passengers.”
heading: Geosynthetic Materials
text: Pub. L. 115–254, div. B, title V, § 525, Oct. 5, 2018, 132 Stat. 3364, provided that: “The Administrator [of the Federal Aviation Administration], to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Aviation Administration.”
heading: Treatment of Multiyear Lessees of Large and Turbine-Powered Multiengine Aircraft
text: Pub. L. 115–254, div. B, title V, § 550, Oct. 5, 2018, 132 Stat. 3378, provided that: “The Secretary of Transportation shall revise such regulations as may be necessary to ensure that multiyear lessees and owners of large and turbine-powered multiengine aircraft are treated equally for purposes of joint ownership policies of the FAA.”
heading: Enhanced Surveillance Capability
text: Pub. L. 115–254, div. B, title V, § 562, Oct. 5, 2018, 132 Stat. 3384, provided that:
“Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall identify and implement a strategy to—
“(1) advance near-term and long-term uses of enhanced surveillance systems, such as space-based ADS–B [automatic dependent surveillance-broadcast], within United States airspace or international airspace delegated to the United States;
“(2) exercise leadership on setting global standards for the separation of aircraft in oceanic airspace by working with—
“(A) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;
“(B) other international organizations and fora; and
“(C) the private sector; and
“(3) ensure the participation of the [Federal Aviation] Administration in the analysis of trials of enhanced surveillance systems, such as space-based ADS–B, performed by foreign air navigation service providers in North Atlantic airspace.”
heading: Aviation Workforce Development Programs
text: Pub. L. 115–254, div. B, title VI, § 625, Oct. 5, 2018, 132 Stat. 3405, provided that:
“(a) In General.—
The Secretary of Transportation shall establish—
“(1) a program to provide grants for eligible projects to support the education of future aircraft pilots and the development of the aircraft pilot workforce; and
“(2) a program to provide grants for eligible projects to support the education and recruitment of aviation maintenance technical workers and the development of the aviation maintenance workforce.
“(b) Project Grants.—
“(1) In general.—
Out of amounts made available under section 48105 of title 49, United States Code, not more than $5,000,000 for each of fiscal years 2019 through 2023 is authorized to be expended to provide grants under the program established under subsection (a)(1), and $5,000,000 for each of fiscal years 2019 through 2023 is authorized to provide grants under the program established under subsection (a)(2).
“(2) Dollar amount limit.—
Not more than $500,000 shall be available for any 1 grant in any 1 fiscal year under the programs established under subsection (a).
“(c) Eligible Applications.—
“(1) An application for a grant under the program established under subsection (a)(1) shall be submitted, in such form as the Secretary may specify, by—
“(A) an air carrier, as defined in section 40102 of title 49, United States Code, or a labor organization representing aircraft pilots;
“(B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a high school or secondary school (as defined in section 7801 [probably should be “8101”] of the Higher Education Act of 1965 (20 U.S.C. 7801));
“(C) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations; or
“(D) a State or local governmental entity.
“(2) An application for a grant under the pilot program established under subsection (a)(2) shall be submitted, in such form as the Secretary may specify, by—
“(A) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers;
“(B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a high school or secondary school (as defined in section 7801 [8101] of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and [sic]
“(C) a State or local governmental entity.
“(d) Eligible Projects.—
“(1) For purposes of the program established under subsection (a)(1), an eligible project is a project—
“(A) to create and deliver curriculum designed to provide high school students with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, or unmanned aircraft systems operators; or
“(B) to support the professional development of teachers using the curriculum described in subparagraph (A).
“(2) For purposes of the pilot program established under subsection (a)(2), an eligible project is a project—
“(A) to establish new educational programs that teach technical skills used in aviation maintenance, including purchasing equipment, or to improve existing such programs;
“(B) to establish scholarships or apprenticeships for individuals pursuing employment in the aviation maintenance industry;
“(C) to support outreach about careers in the aviation maintenance industry to—
“(i) primary, secondary, and post-secondary school students; or
“(ii) to [sic] communities underrepresented in the industry;
“(D) to support educational opportunities related to aviation maintenance in economically disadvantaged geographic areas;
“(E) to support transition to careers in aviation maintenance, including for members of the Armed Forces; or
“(F) to otherwise enhance aviation maintenance technical education or the aviation maintenance industry workforce.
“(e) Grant Application Review.—
In reviewing and selecting applications for grants under the programs established under subsection (a), the Secretary shall—
“(1) prior to selecting among competing applications, consult, as appropriate, with representatives of aircraft repair stations, design and production approval holders, air carriers, labor organizations, business aviation, general aviation, educational institutions, and other relevant aviation sectors; and
“(2) ensure that the applications selected for projects established under subsection (a)(1) will allow participation from a diverse collection of public and private schools in rural, suburban, and urban areas.”
heading: Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training
text: Pub. L. 115–254, div. B, title VI, § 631, Oct. 5, 2018, 132 Stat. 3407, provided that:
“(a) Designation.—
Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation, in consultation with the Secretary of Education and the Secretary of Labor, shall establish a process to designate consortia of public, 2-year institutions of higher education as Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training (in this section referred to as the ‘Centers of Excellence’).
“(b) Functions.—
A Center of Excellence designated under subsection (a) shall have the capacity to train students for career opportunities in industry and government service related to the use of small unmanned aircraft systems.
“(c) Education and Training Requirements.—
In order to be designated as a Center of Excellence under subsection (a), a consortium shall be able to address education and training requirements associated with various types of small unmanned aircraft systems, components, and related equipment, including with respect to—
“(1) multirotor and fixed-wing small unmanned aircraft;
“(2) flight systems, radio controllers, components, and characteristics of such aircraft;
“(3) routine maintenance, uses and applications, privacy concerns, safety, and insurance for such aircraft;
“(4) hands-on flight practice using small unmanned aircraft systems and computer simulator training;
“(5) use of small unmanned aircraft systems in various industry applications and local, State, and Federal government programs and services, including in agriculture, law enforcement, monitoring oil and gas pipelines, natural disaster response and recovery, fire and emergency services, and other emerging areas;
“(6) Federal policies concerning small unmanned aircraft;
“(7) dual credit programs to deliver small unmanned aircraft training opportunities to secondary school students; or
“(8) training with respect to sensors and the processing, analyzing, and visualizing of data collected by small unmanned aircraft.
“(d) Collaboration.—
Each Center of Excellence shall seek to collaborate with institutions participating in the Alliance for System Safety of UAS through Research Excellence of the Federal Aviation Administration and with the test ranges defined under section 44801 of title 49, United States Code, as added by this Act.
“(e) Institution of Higher Education.—
In this section, the term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”
heading: Collegiate Training Initiative Program for Unmanned Aircraft Systems
text: Pub. L. 115–254, div. B, title VI, § 632, Oct. 5, 2018, 132 Stat. 3408, provided that:
“(a) In General.—
Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall establish a collegiate training initiative program relating to unmanned aircraft systems by making new agreements or continuing existing agreements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under which the institutions prepare students for careers involving unmanned aircraft systems. The Administrator may establish standards for the entry of such institutions into the program and for their continued participation in the program.
“(b) Unmanned Aircraft System Defined.—
In this section, the term ‘unmanned aircraft system’ has the meaning given that term by section 44801 of title 49, United States Code, as added by this Act.”
heading: Cyber Testbed
text: Pub. L. 115–254, div. B, title VII, § 731, Oct. 5, 2018, 132 Stat. 3411, provided that: “Not later than 6 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall develop an integrated Cyber Testbed for research, development, evaluation, and validation of air traffic control modernization technologies, before they enter the national airspace system, as being compliant with FAA data security regulations. The Cyber Testbed shall be part of an integrated research and development test environment capable of creating, identifying, defending, and solving cybersecurity-related problems for the national airspace system. This integrated test environment shall incorporate integrated test capacities within the FAA related to the national airspace system and NextGen.”
heading: Mitigation of Operational Risks Posed to Certain Military Aircraft by Automatic Dependent Surveillance-Broadcast Equipment
text: Pub. L. 115–232, div. A, title X, § 1046, Aug. 13, 2018, 132 Stat. 1959, provided that:
“(a) In General.—
The Secretary of Transportation may not—
“(1) directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as ‘ADS-B’) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense;
“(2) deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equipment; or
“(3) restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment.
“(b) Termination.—
Subsection (a) shall cease to be effective on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by the Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services.
“(c) Rule of Construction.—
Nothing in this section may be construed to—
“(1) vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law;
“(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or
“(3) limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace.
“(d) Notification Requirement.—
The Secretary of Defense shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3).
“(e) Definitions.—
In this section:
“(1) The term ‘appropriate congressional committees’ means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
“(2) The term ‘air traffic control services’ means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information.
“(3) The term ‘special mission aircraft’ means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk.”
heading: Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems
text: Pub. L. 115–91, div. A, title X, § 1092, Dec. 12, 2017, 131 Stat. 1610, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
heading: Unmanned Aircraft Joint Training and Usage Plan
text: Pub. L. 113–66, div. A, title X, § 1075(a), Dec. 26, 2013, 127 Stat. 870, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
heading: Interagency Collaboration
text: Pub. L. 112–239, div. A, title X, § 1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
heading: Prohibition on Participation in European Union’s Emissions Trading Scheme
text: Pub. L. 112–200, Nov. 27, 2012, 126 Stat. 1477, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘European Union Emissions Trading Scheme Prohibition Act of 2011’.
“SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS TRADING SCHEME.
“(a) In General.—
The Secretary of Transportation shall prohibit an operator of a civil aircraft of the United States from participating in the emissions trading scheme unilaterally established by the European Union in EU Directive 2003/87/EC of October 13, 2003, as amended, in any case in which the Secretary determines the prohibition to be, and in a manner that is, in the public interest, taking into account—
“(1) the impacts on U.S. consumers, U.S. carriers, and U.S. operators;
“(2) the impacts on the economic, energy, and environmental security of the United States; and
“(3) the impacts on U.S. foreign relations, including existing international commitments.
“(b) Public Hearing.—
After determining that a prohibition under this section may be in the public interest, the Secretary must hold a public hearing at least 30 days before imposing any prohibition.
“(c) Reassessment of Determination of Public Interest.—
The Secretary—
“(1) may reassess a determination under subsection (a) that a prohibition under that subsection is in the public interest at any time after making such a determination; and
“(2) shall reassess such a determination after—
“(A) any amendment by the European Union to the EU Directive referred to in subsection (a); or
“(B) the adoption of any international agreement pursuant to section 3(1). [sic]
“(C) enactment of a public law or issuance of a final rule after formal agency rulemaking, in the United State[s] to address aircraft emissions.
“SEC. 3. NEGOTIATIONS.
“(a) In General.—
The Secretary of Transportation, the Administrator of the Federal Aviation Administration, and other appropriate officials of the United States Government—
“(1) should, as appropriate, use their authority to conduct international negotiations, including using their authority to conduct international negotiations to pursue a worldwide approach to address aircraft emissions, including the environmental impact of aircraft emissions; and
“(2) shall, as appropriate and except as provided in subsection (b), take other actions under existing authorities that are in the public interest necessary to hold operators of civil aircraft of the United States harmless from the emissions trading scheme referred to under section 2.
“(b) Exclusion of Payment of Taxes and Penalties.—
Actions taken under subsection (a)(2) may not include the obligation or expenditure of any amounts in the Airport and Airway Trust Fund established under section 9905 [9502] of the Internal Revenue Code of 1986 [26 U.S.C. 9502], or amounts otherwise made available to the Department of Transportation or any other Federal agency pursuant to appropriations Acts, for the payment of any tax or penalty imposed on an operator of civil aircraft of the United States pursuant to the emissions trading scheme referred to under section 2.
“SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES.
“In this Act, the term ‘civil aircraft of the United States’ has the meaning given the term under section 40102(a) of title 49, United States Code.”
heading: NextGen Air Transportation System and Air Traffic Control Modernization
text: Pub. L. 112–95, title II, §§ 201, 202, 211–222, Feb. 14, 2012, 126 Stat. 36, 44–54, as amended by Pub. L. 114–328, div. A, title III, § 341(b), Dec. 23, 2016, 130 Stat. 2081; Pub. L. 115–254, div. B, title V, §§ 503(e), 522(a), Oct. 5, 2018, 132 Stat. 3353, 3363, provided that:
“SEC. 201. DEFINITIONS.
“In this title [amending sections 106, 40102, 40110, and 40113 of this title, enacting provisions set out as notes under this section and sections 106 and 44506 of this title, and amending provisions set out as notes under this section], the following definitions apply:
“(1) Nextgen.—
The term ‘NextGen’ means the Next Generation Air Transportation System.
“(2) ADS–B.—
The term ‘ADS–B’ means automatic dependent surveillance-broadcast.
“(3) ADS–B Out.—
The term ‘ADS–B Out’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft.
“(4) ADS–B In.—
The term ‘ADS–B In’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft as well as the ability of the aircraft to receive information from other transmitting aircraft and the ground infrastructure.
“(5) RNAV.—
The term ‘RNAV’ means area navigation.
“(6) RNP.—
The term ‘RNP’ means required navigation performance.
“[SEC. 202. Repealed. Pub. L. 115–254, div. B, title V, § 503(e), Oct. 5, 2018, 132 Stat. 3353.]
“SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.
“(a) Review by DOT Inspector General.—
“(1) In general.—
The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration’s award and oversight of any contracts entered into by the Administration to provide ADS–B services for the national airspace system.
“(2) Contents.—
The review shall include, at a minimum—
“(A) an examination of how the Administration manages program risks;
“(B) an assessment of expected benefits attributable to the deployment of ADS–B services, including the Administration’s plans for implementation of advanced operational procedures and air-to-air applications, as well as the extent to which ground radar will be retained;
“(C) an assessment of the Administration’s analysis of specific operational benefits, and benefit/costs analyses of planned operational benefits conducted by the Administration, for ADS–B In and ADS–B Out avionics equipage for airspace users;
“(D) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor;
“(E) an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration’s program for providing ADS–B services;
“(F) an assessment of how security issues are being addressed in the overall design and implementation of the ADS–B system;
“(G) identification of any potential operational or workforce changes resulting from deployment of ADS–B; and
“(H) any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention.
“(3) Reports to congress.—
The Inspector General shall submit, periodically (and on at least an annual basis), 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 on the results of the review conducted under this subsection.
“[(b) Repealed. Pub. L. 115–254, div. B, title V, § 522(a), Oct. 5, 2018, 132 Stat. 3363.]
“(c) Use of ADS–B Technology.—
“(1) Plans.—
Not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall develop, in consultation with appropriate employee and industry groups, a plan for the use of ADS–B technology for surveillance and active air traffic control.
“(2) Contents.—
The plan shall—
“(A) include provisions to test the use of ADS–B technology for surveillance and active air traffic control in specific regions of the United States with the most congested airspace;
“(B) identify the equipment required at air traffic control facilities and the training required for air traffic controllers;
“(C) identify procedures, to be developed in consultation with appropriate employee and industry groups, to conduct air traffic management in mixed equipage environments; and
“(D) establish a policy in test regions referred to in subparagraph (A), in consultation with appropriate employee and industry groups, to provide incentives for equipage with ADS–B technology, including giving priority to aircraft equipped with such technology before the 2020 equipage deadline.
“SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
“(a) Review.—
The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the NextGen.
“(b) Contents.—
At a minimum, the review to be conducted under subsection (a) shall—
“(1) highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration;
“(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and
“(3) determine how risks with automation efforts for the NextGen can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems.
“(c) Report.—
Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit 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 the results of the review conducted pursuant to subsection (a).
“SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
“(a) Operational Evolution Partnership (OEP) Airport Procedures.—
“(1) OEP airports report.—
Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘qualified third parties’) that includes the following:
“(A) RNP/RNAV operations for oep airports.—
The required navigation performance and area navigation operations, including the procedures to be developed, certified, and published and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at each of the 35 operational evolution partnership airports identified by the Administration and any medium or small hub airport located within the same metroplex area considered appropriate by the Administrator. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance and area navigation procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used.
“(B) Coordination and implementation activities for oep airports.—
A description of the activities and operational changes and approvals required to coordinate and utilize the procedures at OEP airports.
“(C) Implementation plan for oep airports.—
A plan for implementing the procedures for OEP airports under subparagraph (A) that establishes—
“(i) clearly defined budget, schedule, project organization, and leadership requirements;
“(ii) specific implementation and transition steps;
“(iii) baseline and performance metrics for—
“(I) measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and
“(II) achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance;
“(iv) expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics under clause (iii);
“(v) coordination and communication mechanisms with qualified third parties, if applicable;
“(vi) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; and
“(vii) a lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable.
“(D) Additional procedures for oep airports.—
A process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may provide operational benefits at OEP airports, and any medium or small hub airport located within the same metroplex area as the OEP airport, in the future.
“(2) Implementation schedule for oep airports.—
The Administrator shall certify, publish, and implement—
“(A) not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], 30 percent of the required procedures at OEP airports;
“(B) not later than 36 months after the date of enactment of this Act, 60 percent of the required procedures at OEP airports; and
“(C) before June 30, 2015, 100 percent of the required procedures at OEP airports.
“(b) Non-OEP Airports.—
“(1) Non-OEP airports report.—
Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘qualified third parties’) that includes the following:
“(A) RNP operations for non-oep airports.—
A list of required navigation performance procedures (as defined in FAA order 8260.52(d)) to be developed, certified, and published, and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at 35 non-OEP small, medium, and large hub airports other than those referred to in subsection (a)(1). The Administrator shall choose such non-OEP airports considered appropriate by the Administrator to produce maximum operational benefits, including improved fuel efficiency and emissions reductions that do not have public RNP procedures that produce such benefits on the date of enactment of this Act. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used.
“(B) Coordination and implementation activities for non-oep airports.—
A description of the activities and operational changes and approvals required to coordinate and to utilize the procedures required by subparagraph (A) at each of the airports described in such subparagraph.
“(C) Implementation plan for non-oep airports.—
A plan for implementation of the procedures required by subparagraph (A) that establishes—
“(i) clearly defined budget, schedule, project organization, and leadership requirements;
“(ii) specific implementation and transition steps;
“(iii) coordination and communications mechanisms with qualified third parties;
“(iv) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment;
“(v) baseline and performance metrics for—
“(I) measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and
“(II) achieving measurable fuel burn and carbon dioxide emissions reduction compared to current performance;
“(vi) expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics established under clause (v);
“(vii) a description of the software and database information, such as a current version of the Noise Integrated Routing System or the Integrated Noise Model that the Administration will need to make available to qualified third parties to enable those third parties to design procedures that will meet the broad range of requirements of the Administration; and
“(viii) lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable.
“(D) Additional procedures for non-oep airports.—
A process for the identification, certification, and publication of additional required navigation performance procedures that may provide operational benefits at non-OEP airports in the future.
“(2) Implementation schedule for non-oep airports.—
The Administrator shall certify, publish, and implement—
“(A) not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], 25 percent of the required procedures for non-OEP airports;
“(B) not later than 36 months after the date of enactment of this Act, 50 percent of the required procedures for non-OEP airports; and
“(C) before June 30, 2016, 100 percent of the required procedures for non-OEP airports.
“(c) Coordinated and Expedited Review.—
“(1) In general.—
Navigation performance and area navigation procedures developed, certified, published, or implemented under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary circumstances exist with respect to the procedure.
“(2) Nextgen procedures.—
Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, shall be presumed to have no significant affect on the quality of the human environment and the Administrator shall issue and file a categorical exclusion for the new procedure.
“(3) Notifications and consultations.—
Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall—
“(A) notify and consult with the operator of the airport at which the procedure would be implemented; and
“(B) consider consultations or other engagement with the community in the [sic] which the airport is located to inform the public of the procedure.
“(4) Review of certain categorical exclusions.—
“(A) In general.—
The Administrator shall review any decision of the Administrator made on or after February 14, 2012, and before the date of the enactment of this paragraph [Dec. 23, 2016] to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located.
“(B) Content of review.—
If, in conducting a review under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall—
“(i) consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and
“(ii) in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed.
“(C) Human environment defined.—
In this paragraph, the term ‘human environment’ has the meaning given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph).
“(d) Deployment Plan for Nationwide Data Communications System.—
Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include—
“(1) clearly defined budget, schedule, project organization, and leadership requirements;
“(2) specific implementation and transition steps; and
“(3) baseline and performance metrics for measuring the Administration’s progress in implementing the plan.
“(e) Improved Performance Standards.—
“(1) Assessment of work being performed under nextgen implementation plan.—
The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine—
“(A) whether utilization of ADS–B, RNP, and other technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; and
“(B) the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation of such technologies.
“(2) Aircraft separation standards.—
If the Administrator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards.
“(f) Third-Party Usage.—
The Administration shall establish a program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of flight procedures.
“SEC. 214. PERFORMANCE METRICS.
“(a) In General.—
Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with respect to—
“(1) actual arrival and departure rates per hour measured against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports;
“(2) average gate-to-gate times;
“(3) fuel burned between key city pairs;
“(4) operations using the advanced navigation procedures, including performance based navigation procedures;
“(5) the average distance flown between key city pairs;
“(6) the time between pushing back from the gate and taking off;
“(7) continuous climb or descent;
“(8) average gate arrival delay for all arrivals;
“(9) flown versus filed flight times for key city pairs;
“(10) implementation of NextGen Implementation Plan, or any successor document, capabilities designed to reduce emissions and fuel consumption;
“(11) the Administration’s unit cost of providing air traffic control services; and
“(12) runway safety, including runway incursions, operational errors, and loss of standard separation events.
“(b) Baselines.—
The Administrator, in consultation with aviation industry stakeholders, shall identify baselines for each of the metrics established under subsection (a) and appropriate methods to measure deviations from the baselines.
“(c) Publication.—
The Administrator shall make data obtained under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administration and other appropriate media.
“(d) Report.—
Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—
“(1) a description of the metrics that will be used to measure the Administration’s progress in implementing NextGen capabilities and operational results;
“(2) information on any additional metrics developed; and
“(3) a process for holding the Administration accountable for meeting or exceeding the metrics baselines identified in subsection (b).
“SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.
“(a) Process for Certification.—
Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a plan to accelerate and streamline the process for certification of NextGen technologies, including—
“(1) establishment of updated project plans and timelines;
“(2) identification of the specific activities needed to certify NextGen technologies, including the establishment of NextGen technical requirements for the manufacture of equipage, installation of equipage, airline operational procedures, pilot training standards, air traffic control procedures, and air traffic controller training;
“(3) identification of staffing requirements for the Air Certification Service and the Flight Standards Service, taking into consideration the leveraging of assistance from third parties and designees;
“(4) establishment of a program under which the Administration will use third parties in the certification process; and
“(5) establishment of performance metrics to measure the Administration’s progress.
“(b) Certification Integrity.—
The Administrator shall ensure that equipment, systems, or services used in the national airspace system meet appropriate certification requirements regardless of whether the equipment, system, or service is publically or privately owned.
“SEC. 216. SURFACE SYSTEMS ACCELERATION.
“(a) In General.—
The Chief Operating Officer of the Air Traffic Organization shall—
“(1) evaluate the Airport Surface Detection Equipment-Model X program for its potential contribution to implementation of the NextGen initiative;
“(2) evaluate airport surveillance technologies and associated collaborative surface management software for potential contributions to implementation of NextGen surface management;
“(3) accelerate implementation of the program referred to in paragraph (1); and
“(4) carry out such additional duties as the Administrator of the Federal Aviation Administration may require.
“(b) Expedited Certification and Utilization.—
The Administrator shall—
“(1) consider options for expediting the certification of Ground-Based Augmentation System technology; and
“(2) develop a plan to utilize such a system at the 35 operational evolution partnership airports by December 31, 2012.
“SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.
“(a) Process for Employee Inclusion.—
Notwithstanding any other law or agreement, the Administrator of the Federal Aviation Administration shall establish a process or processes for including qualified employees selected by each exclusive collective bargaining representative of employees of the Administration impacted by the air traffic control modernization process to serve in a collaborative and expert capacity in the planning and development of air traffic control modernization projects, including NextGen.
“(b) Adherence to Deadlines.—
Participants in these processes shall adhere, to the greatest extent possible, to all deadlines and milestones established pursuant to this title.
“(c) No Change in Employee Status.—
Participation in these processes by an employee shall not—
“(1) serve as a waiver of any bargaining obligations or rights;
“(2) entitle the employee to any additional compensation or benefits with the exception of a per diem, if appropriate; or
“(3) entitle the employee to prevent or unduly delay the exercise of management prerogatives.
“(d) Working Groups.—
Except in extraordinary circumstances, the Administrator shall not pay overtime related to work group participation.
“(e) Report.—
Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this section.
“SEC. 218. AIRSPACE REDESIGN.
“(a) Findings.—
Congress finds the following:
“(1) The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users.
“(2) The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009–2013 and the NextGen Implementation Plan.
“(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts.
“(4) New runways planned for the period of fiscal years 2011 and 2012 will not provide estimated capacity benefits without additional funds.
“(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.—
“(1) Monitoring.—
The Administrator of the Federal Aviation Administration, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia International Airport, shall monitor the noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.
“(2) Report.—
Not later than 1 year following the first day of completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to monitoring conducted under paragraph (1).
“SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS.
“(a) Study.—
The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the height and latitudinal and longitudinal locations of guy-wire and free-standing tower obstructions.
“(b) Considerations.—
In conducting the study, the Administrator shall consult with affected industries and appropriate Federal agencies.
“(c) Report.—
Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit a report to the appropriate committees of Congress on the results of the study.
“SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
“(a) In General.—
The Administrator of the Federal Aviation Administration may enter into an agreement, on a competitive basis, to assist in the establishment of a center of excellence for the research and development of NextGen technologies.
“(b) Functions.—
The Administrator shall ensure that the center established under subsection (a)—
“(1) leverages resources and partnerships, including appropriate programs of the Administration, to enhance the research and development of NextGen technologies by academia and industry; and
“(2) provides educational, technical, and analytical assistance to the Administration and other Federal departments and agencies with responsibilities to research and develop NextGen technologies.
“SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.
“(a) In General.—
The Secretary may establish an avionics equipage incentive program for the purpose of equipping general aviation and commercial aircraft with communications, surveillance, navigation, and other avionics equipment as determined by the Secretary to be in the interest of achieving NextGen capabilities for such aircraft.
“(b) NextGen Public-Private Partnerships.—
The incentive program established under subsection (a) shall, at a minimum—
“(1) be based on public-private partnership principles; and
“(2) leverage and maximize the use of private sector capital.
“(c) Financial Instruments.—
Subject to the availability of appropriated funds, the Secretary may use financial instruments to facilitate public-private financing for the equipage of general aviation and commercial aircraft registered under section 44103 of title 49, United States Code. To the extent appropriations are not made available, the Secretary may establish the program, provided the costs are covered by the fees and premiums authorized by subsection (d)(2). For purposes of this section, the term ‘financial instruments’ means loan guarantees and other credit assistance designed to leverage and maximize private sector capital.
“(d) Protection of the Taxpayer.—
“(1) Limitation on principal.—
The amount of any guarantee under this program shall be limited to 90 percent of the principal amount of the underlying loan.
“(2) Collateral, fees, and premiums.—
The Secretary shall require applicants for the incentive program to post collateral and pay such fees and premiums if feasible, as determined by the Secretary, to offset costs to the Government of potential defaults, and agree to performance measures that the Secretary considers necessary and in the best interest of implementing the NextGen program.
“(3) Use of funds.—
Applications for this program shall be limited to equipment that is installed on general aviation or commercial aircraft and is necessary for communications, surveillance, navigation, or other purposes determined by the Secretary to be in the interests of achieving NextGen capabilities for commercial and general aviation.
“(e) Termination of Authority.—
The authority of the Secretary to issue such financial instruments under this section shall terminate 5 years after the date of the establishment of the incentive program.
“SEC. 222. OPERATIONAL INCENTIVES.
“(a) In General.—
The Administrator of the Federal Aviation Administration shall issue a report that—
“(1) identifies incentive options to encourage the equipage of aircraft with NextGen technologies, including a policy that gives priority to aircraft equipped with ADS–B technology;
“(2) identifies the costs and benefits of each option; and
“(3) includes input from industry stakeholders, including passenger and cargo air carriers, aerospace manufacturers, and general aviation aircraft operators.
“(b) Deadline.—
The Administrator shall issue the report before the earlier of—
“(1) the date that is 6 months after the date of enactment of this Act [Feb. 14, 2012]; or
“(2) the date on which aircraft are required to be equipped with ADS–B technology pursuant to the rulemaking under [former] section 211(b).”
[Pub. L. 115–254, div. B, title V, § 522(b), Oct. 5, 2018, 132 Stat. 3363, provided that: The Administrator [of the Federal Aviation Administration] shall ensure that any regulation issued pursuant to such subsection [subsec. (b) of section 211 of Pub. L. 112–95, formerly set out above] has no force or effect.”]
heading: Contingency Planning
text: Pub. L. 112–95, title II, § 208(d), Feb. 14, 2012, 126 Stat. 43, provided that: “The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism.”
heading: Reports on Status of Greener Skies Project
text: Pub. L. 112–95, title II, § 225, Feb. 14, 2012, 126 Stat. 55, provided that:
“(a) Initial Report.—
Not later than 180 days after the date of the enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall submit to Congress a report on the strategy of the Administrator for implementing, on an accelerated basis, the NextGen operational capabilities produced by the Greener Skies project, as recommended in the final report of the RTCA NextGen Mid-Term Implementation Task Force that was issued on September 9, 2009.
“(b) Subsequent Reports.—
“(1) In general.—
Not later than 180 days after the Administrator submits to Congress the report required by subsection (a) and annually thereafter until the pilot program terminates, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the Administrator in carrying out the strategy described in the report submitted under subsection (a).
“(2) Contents.—
Each report submitted under paragraph (1) shall include the following:
“(A) A timeline for full implementation of the strategy described in the report submitted under subsection (a).
“(B) A description of the progress made in carrying out such strategy.
“(C) A description of the challenges, if any, encountered by the Administrator in carrying out such strategy.”
[For definition of “NextGen” as used in section 225 of Pub. L. 112–95, set out above, see section 201 of Pub. L. 112–95, set out as a note above.]
heading: Unmanned Aircraft Systems
text: Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
heading: Clarification of Requirements for Volunteer Pilots Operating Charitable Medical Flights
text: Pub. L. 112–95, title VIII, § 821, Feb. 14, 2012, 126 Stat. 128, provided that:
“(a) Reimbursement of Fuel Costs.—
Notwithstanding any other law or regulation, in administering section 61.113(c) of title 14, Code of Federal Regulations (or any successor regulation), the Administrator of the Federal Aviation Administration shall allow an aircraft owner or operator to accept reimbursement from a volunteer pilot organization for the fuel costs associated with a flight operation to provide transportation for an individual or organ for medical purposes (and for other associated individuals), if the aircraft owner or operator has—
“(1) volunteered to provide such transportation; and
“(2) notified any individual that will be on the flight, at the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same requirements as a commercial flight.
“(b) Conditions to Ensure Safety.—
The Administrator may impose minimum standards with respect to training and flight hours for single-engine, multi-engine, and turbine-engine operations conducted by an aircraft owner or operator that is being reimbursed for fuel costs by a volunteer pilot organization, including mandating that the pilot in command of such aircraft hold an instrument rating and be current and qualified for the aircraft being flown to ensure the safety of flight operations described in subsection (a).
“(c) Volunteer Pilot Organization.—
In this section, the term ‘volunteer pilot organization’ means an organization that—
“(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code; and
“(2) is organized for the primary purpose of providing, arranging, or otherwise fostering charitable medical transportation.”
heading: Interagency Research on Aviation and the Environment
text: Pub. L. 112–95, title IX, § 909, Feb. 14, 2012, 126 Stat. 141, provided that:
“(a) In General.—
Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator, in coordination with NASA and after consultation with other relevant agencies, may maintain a research program to assess the potential effect of aviation activities on the environment and, if warranted, to evaluate approaches to address any such effect.
“(b) Research Plan.—
“(1) In general.—
The Administrator, in coordination with NASA and after consultation with other relevant agencies, shall jointly develop a plan to carry out the research under subsection (a).
“(2) Contents.—
The plan shall contain an inventory of current interagency research being undertaken in this area, future research objectives, proposed tasks, milestones, and a 5-year budgetary profile.
“(3) Requirements.—
The plan—
“(A) shall be completed not later than 1 year after the date of enactment of this Act [Feb. 14, 2012];
“(B) shall be submitted to Congress for review; and
“(C) shall be updated, as appropriate, every 3 years after the initial submission.”
heading: Unmanned Aerial Systems and National Airspace
text: Pub. L. 112–81, div. A, title X, § 1097, Dec. 31, 2011, 125 Stat. 1608, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.
heading: Findings
text: Pub. L. 110–113, § 2, Nov. 8, 2007, 121 Stat. 1039, provided that:
“Congress finds the following:
“(1) The September 11th Victims Compensation Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001.
“(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure [28 U.S.C. App.] effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.
“(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York.”
heading: Revitalization of Aviation and Aeronautics
text: Pub. L. 108–176, § 4, Dec. 12, 2003, 117 Stat. 2493, provided that:
“Congress finds the following:
“(1) The United States has revolutionized the way people travel, developing new technologies and aircraft to move people more efficiently and more safely.
“(2) Past Federal investment in aeronautics research and development has benefited the economy and national security of the United States and the quality of life of its citizens.
“(3) The total impact of civil aviation on the United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national product and 11,000,000 jobs in the national workforce. Civil aviation products and services generate a significant surplus for United States trade accounts, and amount to significant numbers of the Nation’s highly skilled, technologically qualified work force.
“(4) Aerospace technologies, products, and services underpin the advanced capabilities of our men and women in uniform and those charged with homeland security.
“(5) Future growth in civil aviation increasingly will be constrained by concerns related to aviation system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption.
“(6) Revitalization and coordination of the United States efforts to maintain its leadership in aviation and aeronautics are critical and must begin now.
“(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States and found that—
“(A) aerospace will be at the core of the Nation’s leadership and strength throughout the 21st century;
“(B) aerospace will play an integral role in the Nation’s economy, security, and mobility; and
“(C) global leadership in aerospace is a national imperative.
“(8) Despite the downturn in the global economy, projections of the Federal Aviation Administration indicate that upwards of 1,000,000,000 people will fly annually by 2013. Efforts must begin now to prepare for future growth in the number of airline passengers.
“(9) The United States must increase its investment in research and development to revitalize the aviation and aerospace industries, to create jobs, and to provide educational assistance and training to prepare workers in those industries for the future.”
heading: Report on Long-Term Environmental Improvements
text: Pub. L. 108–176, title III, § 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.”
heading: Reduction of Noise and Emissions From Civilian Aircraft
text: Pub. L. 108–176, title III, § 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.”
heading: Air Transportation System Joint Planning and Development Office
text: Pub. L. 108–176, title VII, § 709, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title II, § 208(a)–(c), Feb. 14, 2012, 126 Stat. 40–43; Pub. L. 115–254, div. B, title V, § 545(b)(1), Oct. 5, 2018, 132 Stat. 3376, provided that:
“(a) 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 head of the Office shall be the Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination, who shall be appointed by the Administrator of the Federal Aviation Administration, with the approval of the Secretary. The Administrator shall appoint the Associate Administrator after consulting with the Chairman of the Next Generation Senior Policy Committee and providing advanced notice to the other members of that Committee.
“(3) The responsibilities of the Office shall include—
“(A) creating and carrying out an integrated plan for a Next Generation Air Transportation System pursuant to subsection (b);
“(B) overseeing research and development on that system;
“(C) creating a transition plan for the implementation of that system;
“(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective and directed programs that will result in applicable research;
“(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical firms;
“(F) coordinating the development and utilization of new technologies to ensure that when available, they may be used to their fullest potential in aircraft and in the air traffic control system;
“(G) facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sector;
“(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Commerce, and the Department of Defense;
“(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System planning and development activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the extent practicable in establishing the environmental goals;
“(J) working to ensure global interoperability of the Next Generation Air Transportation System;
“(K) working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible;
“(L) overseeing, with the Administrator and in consultation with the Chief Technology Officer, the selection of products or outcomes of research and development activities that should be moved to a demonstration phase; and
“(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation System enterprise architecture requirements.
“(4)
(A) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments and other Federal agencies.
“(B) The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for—
“(i) carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5);
“(ii) serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; and
“(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System.
“(C) The head of a Federal agency referred to in subparagraph (B) shall—
“(i) ensure that the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B);
“(ii) ensure that the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official’s annual performance evaluations and compensation;
“(iii) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; and
“(iv) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency’s Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b).
“(D) Not later than 6 months after the date of enactment of this subparagraph [Feb. 14, 2012], the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity.
“(5) In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.
“(6)
(A) The Office shall work with the Director of the Office of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program.
“(B) The Director of the Office of Management and Budget, to the extent practicable, shall—
“(i) ensure that—
“(I) each Federal agency covered by the plan has sufficient funds requested in the President’s budget, as submitted under section 1105(a) of title 31, United States Code, for each fiscal year covered by the plan to carry out its responsibilities under the plan; and
“(II) the development and implementation of the Next Generation Air Transportation System remains on schedule;
“(ii) include, in the President’s budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System; and
“(iii) identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget.
“(7) The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall be a voting member of the Joint Resources Council of the Federal Aviation Administration.
“(b) Integrated Plan.—
The integrated plan shall be designed to ensure that the Next Generation Air Transportation System meets anticipated future air transportation safety, security, mobility, efficiency, and capacity needs 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;
“(4) a description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system to meet the vision for 2025; and
“(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes—
“(A) an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline;
“(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System;
“(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System’s end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program;
“(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity’s responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation phase;
“(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implications of not successfully completing a step in the time period described in the integrated work plan;
“(F) a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system;
“(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); and
“(H) a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System.
“(c) 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) NextGen Implementation Plan.—
The Administrator shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System.
“(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.”
heading: Next Generation Air Transportation Senior Policy Committee
text: Pub. L. 108–176, title VII, § 710, Dec. 12, 2003, 117 Stat. 2584, as amended by Pub. L. 112–95, title II, § 209, Feb. 14, 2012, 126 Stat. 43, provided that:
“(a) 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 and shall meet at least twice each year.
“(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.
“(e) Annual Report.—
“(1) Submission to congress.—
Not later than 1 year after the date of enactment of this subsection [Feb. 14, 2012], and annually thereafter on the date of submission of the President’s budget request to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report summarizing the progress made in carrying out the integrated work plan required by section 709(b)(5) [of Pub. L. 108–176, set out as a note above] and any changes in that plan.
“(2) Contents.—
The report shall include—
“(A) a copy of the updated integrated work plan;
“(B) a description of the progress made in carrying out the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget;
“(C) a detailed description of—
“(i) the success or failure of each item of the integrated work plan for the previous year and relevant information as to why any milestone was not met; and
“(ii) the impact of not meeting the milestone and what actions will be taken in the future to account for the failure to complete the milestone;
“(D) an explanation of any change to future years in the integrated work plan and the reasons for such change; and
“(E) an identification of the levels of funding for each agency participating in the integrated work plan devoted to programs and activities under the plan for the previous fiscal year and in the President’s budget request.”
[Next Generation Air Transportation System Senior Policy Committee to terminate on date of initial appointment of the members of the advisory committee established under section 439 of Pub. L. 115–254, see section 439(h) of Pub. L. 115–254, set out as a note under section 41705 of this title.]
heading: Reimbursement for Losses Incurred by General Aviation Entities
text: Pub. L. 108–176, title VIII, § 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.”
heading: GAO Report on Airlines’ Actions To Improve Finances and on Executive Compensation
text: Pub. L. 108–176, title VIII, § 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.”
heading: Mail and Freight Waivers
text: Pub. L. 107–71, title I, § 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.”
heading: Air Carriers Required To Honor Tickets for Suspended Service
text: Pub. L. 107–71, title I, § 145, Nov. 19, 2001, 115 Stat. 645, as amended by Pub. L. 108–7, div. I, title III, § 372, Feb. 20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, § 428, Dec. 12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, § 8404, Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title I, § 178, Nov. 30, 2005, 119 Stat. 2427, required each air carrier providing scheduled air transportation on a route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspended, interrupted, or discontinued air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier occurring on or before Nov. 30, 2006.
heading: Relationship of Eligible Crime Victim Compensation Programs to September 11th Victim Compensation Fund
text: Pub. L. 107–56, title VI, § 622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: “With respect to any compensation payable under title IV of Public Law 107–42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) [now 34 U.S.C. 20102] shall not render that program ineligible for future grants under the Victims of Crime Act of 1984 [34 U.S.C. 20101 et seq.].”
heading: Air Transportation Safety and System Stabilization
text: Pub. L. 112–10, div. B, title III, § 1347, Apr. 15, 2011, 125 Stat. 124, as amended by Pub. L. 114–113, div. O, title IV, § 402(h), Dec. 18, 2015, 129 Stat. 3007, provided that: “Notwithstanding any other provision of law, in fiscal year 2012 and thereafter payments for costs described in subsection (a) of section 404 of Public Law 107–42, as amended [set out below], shall be considered to be, and included in, payments for compensation for the purposes of sections 406(b) and (d)(1) and (2) of such Act. Costs for payments for compensation for claims in Group A, as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the Victims Compensation Fund established under section 410 of such Act.”
Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L. 107–71, title I, § 124(a), (c), (d), title II, § 201, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–134, title I, § 114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title VIII, § 890, title XII, § 1201(2), Nov. 25, 2002, 116 Stat. 2251, 2286; Pub. L. 110–113, § 3, Nov. 8, 2007, 121 Stat. 1039; Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974; Pub. L. 111–347, title II, Jan. 2, 2011, 124 Stat. 3659; Pub. L. 114–113, div. O, title IV, § 402(a)–(g), Dec. 18, 2015, 129 Stat. 3000–3006; Pub. L. 115–123, div. C, title II, § 30203(b), Feb. 9, 2018, 132 Stat. 126, 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) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“(2) Compensate air carriers in an aggregate amount equal to $5,000,000,000 for—
“(A) direct losses incurred beginning on September 11, 2001, by air carriers as a result of any Federal ground stop order issued by the Secretary of Transportation or any subsequent order which continues or renews such a stoppage; and
“(B) the incremental losses incurred beginning September 11, 2001, and ending December 31, 2001, by air carriers as a direct result of such attacks.
“(b) 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. Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“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. Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“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) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“(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, or debris removal, including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act [probably means section 3301 of the Public Health Service Act, 42 U.S.C. 300mm], and payments made pursuant to the settlement of a civil action described in section 405(c)(3)(C)(iii).
“(7) Contractor and subcontractor.—
The term ‘contractor and subcontractor’ means any contractor or subcontractor (at any tier of a subcontracting relationship), including any general contractor, construction manager, prime contractor, consultant, or any parent, subsidiary, associated or allied company, affiliated company, corporation, firm, organization, or joint venture thereof that participated in debris removal at any 9/11 crash site. Such term shall not include any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect.
“(8) Debris removal.—
The term ‘debris removal’ means rescue and recovery efforts, removal of debris, cleanup, remediation, and response during the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001, with respect to a 9/11 crash site.
“(9) Economic loss.—
The term ‘economic loss’ means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, replacement services loss, loss due to death, burial costs, loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss) to the extent recovery for such loss is allowed under applicable State law.
“(10) Eligible individual.—
The term ‘eligible individual’ means an individual determined to be eligible for compensation under section 405(c).
“(11) Immediate aftermath.—
The term ‘immediate aftermath’ means any period beginning with the terrorist-related aircraft crashes of September 11, 2001, and ending on May 30, 2002.
“(12) 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.
“(13) Special master.—
The term ‘Special Master’ means the Special Master appointed under section 404(a).
“(14) WTC program administrator.—
The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm–5).
“(15) WTC-related physical health condition.—
The term ‘WTC-related physical health condition’—
“(A) means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)), including the conditions listed in section 3322(b) of such Act (42 U.S.C. 300mm–32(b)); and
“(B) does not include—
“(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42 U.S.C. 300mm–22(a));
“(ii) any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm–22(b)(2)(B)(iii)) (including such certification as applied under section 3322(a) of such Act (42 U.S.C. 300mm–32(a));
“(iii) a mental health condition described in section 3322(b)(2) of such Act (42 U.S.C. 300mm–32(b)(2)); or
“(iv) any other mental health condition.
“(16) 9/11 crash site.—
The term ‘9/11 crash site’ means—
“(A) the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site;
“(B) the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001;
“(C) the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River;
“(D) any area related to, or along, routes of debris removal, such as barges and Fresh Kills.
“SEC. 403. PURPOSE.
“It is the purpose of this title to provide full compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001, or the rescue and recovery efforts during the immediate aftermath of such crashes.
“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, or debris removal during the immediate aftermath;
“(ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such crashes or debris removal during the immediate aftermath; and
“(iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes or debris removal during the immediate aftermath.
“(3) Limitation.—
“(A) In general.—
Except as provided by subparagraph (B), 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(a).
“(B) Exception.—
A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on the date on which the regulations are updated under section 407(b)(1) and ending on the date that is 5 years after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015].
“(C) Special master determination.—
“(i) In general.—
For claims filed under this title during the period described in subparagraph (B), the Special Master shall establish a system for determining whether, for purposes of this title, the claim is—
“(I) a claim in Group A, as described in clause (ii); or
“(II) a claim in Group B, as described in clause (iii).
“(ii) Group a claims.—
A claim under this title is a claim in Group A if—
“(I) the claim is filed under this title during the period described in subparagraph (B); and
“(II) on or before the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master postmarks and transmits a final award determination to the claimant filing such claim.
“(iii) Group b claims.—
A claim under this title is a claim in Group B if the claim—
“(I) is filed under this title during the period described in subparagraph (B); and
“(II) is not a claim described in clause (ii).
“(iv) Definition of final award determination.—
For purposes of this subparagraph, the term ‘final award determination’ means a letter from the Special Master indicating the total amount of compensation to which a claimant is entitled for a claim under this title without regard to the limitation under the second sentence of section 406(d)(1), as such section was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.
“(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) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant.
“(2) 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.—
“(A) In general.—
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.
“(B) Group b claims.—
Notwithstanding any other provision of this title, in the case of a claim in Group B as described in subsection (a)(3)(C)(iii), a claimant filing such claim shall receive an amount of compensation under this title for such claim that is not greater than the amount determined under paragraph (1)(B)(ii) less the amount of any collateral source compensation that such claimant has received or is entitled to receive for such claim as a result of the terrorist-related aircraft crashes of September 11, 2001.
“(7) Limitations for group b claims.—
“(A) Noneconomic losses.—
With respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the total amount of compensation to which a claimant filing such claim is entitled to receive for such claim under this title on account of any noneconomic loss—
“(i) that results from any type of cancer shall not exceed $250,000; and
“(ii) that does not result from any type of cancer shall not exceed $90,000.
“(B) Determination of economic loss.—
“(i) In general.—
Subject to the limitation described in clause (ii) and with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the Special Master shall, for purposes of calculating the amount of compensation to which a claimant is entitled under this title for such claim on account of any economic loss, determine the loss of earnings or other benefits related to employment by using the applicable methodology described in section 104.43 or 104.45 of title 28, Code of Federal Regulations, as such Code was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015].
“(ii) Annual gross income limitation.—
In considering annual gross income under clause (i) for the purposes described in such clause, the Special Master shall, for each year of any loss of earnings or other benefits related to employment, limit the annual gross income of the claimant (or decedent in the case of a personal representative) for each such year to an amount that is not greater than $200,000.
“(C) Gross income defined.—
For purposes of this paragraph, the term ‘gross income’ has the meaning given such term in section 61 of the Internal Revenue Code of 1986 [26 U.S.C. 61].
“(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), the site of the aircraft crash at Shanksville, Pennsylvania, or any other 9/11 crash site at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and
“(ii) suffered physical harm or death as a result of such an air crash or debris removal;
“(B) an individual who was a member of the flight crew or a passenger on American Airlines flight 11 or 77 or United Airlines flight 93 or 175, except that an individual identified by the Attorney General to have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001, or a representative of such individual shall not be eligible to receive compensation under this title; or
“(C) in the case of a decedent who is an individual described in subparagraph (A) or (B), the personal representative of the decedent who files a claim on behalf of the decedent.
“(3) Requirements.—
“(A) Requirements for filing claims during extended filing period.—
“(i) Timing requirements for filing claims.—
An individual (or a personal representative on behalf of a deceased individual) may file a claim during the period described in subsection (a)(3)(B) as follows:
“(I) In the case that the Special Master determines the individual knew (or reasonably should have known) before the date specified in clause (iii) that the individual suffered a physical harm at a 9/11 crash site as a result of the terrorist-related aircraft crashes of September 11, 2001, or as a result of debris removal, and that the individual knew (or should have known) before such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the date that is 2 years after such specified date.
“(II) In the case that the Special Master determines the individual first knew (or reasonably should have known) on or after the date specified in clause (iii) that the individual suffered such a physical harm or that the individual first knew (or should have known) on or after such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the last day of the 2-year period beginning on the date the Special Master determines the individual first knew (or should have known) that the individual both suffered from such harm and was eligible to file a claim under this title.
“(ii) Other eligibility requirements for filing claims.—
Except with respect to claims in Group B as described in subsection (a)(3)(C)(iii), an individual may file a claim during the period described in subsection (a)(3)(B) only if—
“(I) the individual was treated by a medical professional for suffering from a physical harm described in clause (i)(I) within a reasonable time from the date of discovering such harm; and
“(II) the individual’s physical harm is verified by contemporaneous medical records created by or at the direction of the medical professional who provided the medical care.
“(iii) Date specified.—
The date specified in this clause is the date on which the regulations are updated under section 407(b)(1).
“(iv) Group b claims.—
“(I) In general.—
Subject to subclause (II), an individual filing a claim in Group B as described in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the individual has a WTC-related physical health condition, as defined by section 402 of this Act.
“(II) Personal representatives.—
An individual filing a claim in Group B, as described in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the applicable decedent suffered from a condition that was, or would have been determined to be, a WTC-related physical health condition, as defined by section 402 of this Act.
“(B) Single claim.—
Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual.
“(C) Limitation on civil action.—
“(i) 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, or for damages arising from or related to debris removal. 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—
“(I) during the period described in subsection (a)(3)(A) unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 407(a); and
“(II) during the period described in subsection (a)(3)(B) unless such individual withdraws from such action by the date that is 90 days after the date on which the regulations are updated under section 407(b)(1).
“(iii) Settled actions.—
In the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003, and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 [Pub. L. 111–347] was enacted [Jan. 2, 2011].
“SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
“(a) In General.—
Subject to the limitations under subsection (d), 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.—
For the purpose of providing compensation for claims in Group A as described in section 405(a)(3)(C)(ii), this title constitutes budget authority in advance of appropriations Acts in the amounts provided under subsection (d)(1) and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this title subject to the limitations under subsection (d).
“(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.
“(d) Limitations.—
“(1) Group a claims.—
“(A) In general.—
The total amount of Federal funds paid for compensation under this title, with respect to claims in Group A as described in section 405(a)(3)(C)(ii), shall not exceed $2,775,000,000.
“(B) Remainder of claim amounts.—
In the case of a claim in Group A as described in section 405(a)(3)(C)(ii) and for which the Special Master has ratably reduced the amount of compensation for such claim pursuant to paragraph (2) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015], the Special Master shall, as soon as practicable after the date of enactment of such Act, authorize payment of the amount of compensation that is equal to the difference between—
“(i) the amount of compensation that the claimant would have been paid under this title for such claim without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and
“(ii) the amount of compensation the claimant was paid under this title for such claim prior to the date of enactment of such Act.
“(2) Group b claims.—
“(A) In general.—
The total amount of Federal funds paid for compensation under this title, with respect to claims in Group B as described in section 405(a)(3)(C)(iii), shall not exceed the amount of funds deposited into the Victims Compensation Fund under section 410.
“(B) Payment system.—
The Special Master shall establish a system for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii) in accordance with this subsection and section 405(b)(7).
“(C) Development of agency policies and procedures.—
“(i) Development.—
“(I) In general.—
Not later than 30 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall develop agency policies and procedures that meet the requirements under subclauses (II) and (III) for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii), including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda.
“(II) Limitation.—
The policies and procedures developed under subclause (I) shall ensure that total expenditures, including administrative expenses, in providing compensation for claims in Group B, as described in section 405(a)(3)(C)(iii), do not exceed the amount of funds deposited into the Victims Compensation Fund under section 410.
“(III) Prioritization.—
The policies and procedures developed under subclause (I) shall prioritize claims for claimants who are determined by the Special Master as suffering from the most debilitating physical conditions to ensure, for purposes of equity, that such claimants are not unduly burdened by such policies or procedures.
“(ii) Reassessment.—
Beginning 1 year after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, and each year thereafter until the Victims Compensation Fund is permanently closed under section 410(e), the Special Master shall conduct a reassessment of the agency policies and procedures developed under clause (i) to ensure that such policies and procedures continue to satisfy the requirements under subclauses (II) and (III) of such clause. If the Special Master determines, upon reassessment, that such agency policies or procedures do not achieve the requirements of such subclauses, the Special Master shall take additional actions or make such modifications as necessary to achieve such requirements.
“(e) Attorney Fees.—
“(1) In general.—
Notwithstanding any contract, the representative of an individual may not charge, for services rendered in connection with the claim of an individual under this title, more than 10 percent of an award made under this title on such claim.
“(2) Limitation.—
“(A) In general.—
Except as provided in subparagraph (B), in the case of an individual who was charged a legal fee in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii), the representative of the individual may not charge any amount for compensation for services rendered in connection with a claim filed under this title.
“(B) Exception.—
If the legal fee charged in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii) of an individual is less than 10 percent of the aggregate amount of compensation awarded to such individual through such settlement, the representative of such individual may charge an amount for compensation for services rendered to the extent that such amount charged is not more than—
“(i) 10 percent of such aggregate amount through the settlement, minus
“(ii) the total amount of all legal fees charged for services rendered in connection with such settlement.
“(3) Discretion to lower fee.—
In the event that the special master [probably should be capitalized] finds that the fee limit set by paragraph (1) or (2) provides excessive compensation for services rendered in connection with such claim, the Special Master may, in the discretion of the Special Master, award as reasonable compensation for services rendered an amount lesser than that permitted for in paragraph (1).
“SEC. 407. REGULATIONS.
“(a) In General.—
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.
“(b) Updated Regulations.—
“(1) James zadroga 9/11 health and compensation act of 2010.—
Not later than 180 days after the date of the enactment of the James Zadroga 9/11 Health and Compensation Act of 2010 [Jan. 2, 2011], the Special Master shall update the regulations promulgated under subsection (a) to the extent necessary to comply with the provisions of title II of such Act [title II of Pub. L. 111–347, amending this note].
“(2) James zadroga 9/11 victim compensation fund reauthorization act.—
Not later than 180 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015], the Special Master shall update the regulations promulgated under subsection (a), and updated under paragraph (1), to the extent necessary to comply with the amendments made by such Act [amending section 905 of Title 2, The Congress, and amending this note and section 1347 of div. B of Pub. L. 112–10, set out as a note above].
“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.
“(4) Liability for certain claims.—
Notwithstanding any other provision of law, liability for all claims and actions (including claims or actions that have been previously resolved, that are currently pending, and that may be filed) for compensatory damages, contribution or indemnity, or any other form or type of relief, arising from or related to debris removal, against the City of New York, any entity (including the Port Authority of New York and New Jersey) with a property interest in the World Trade Center on September 11, 2001 (whether fee simple, leasehold or easement, or direct or indirect) and any contractors and subcontractors, shall not be in an amount that exceeds the sum of the following, as may be applicable:
“(A) The amount of funds of the WTC Captive Insurance Company, including the cumulative interest.
“(B) The amount of all available insurance identified in schedule 2 of the WTC Captive Insurance Company insurance policy.
“(C) As it relates to the limitation of liability of the City of New York, the amount that is the greater of the City of New York’s insurance coverage or $350,000,000. In determining the amount of the City’s insurance coverage for purposes of the previous sentence, any amount described in subparagraphs (A) and (B) shall not be included.
“(D) As it relates to the limitation of liability of any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center on September 11, 2001 (whether fee simple, leasehold or easement, or direct or indirect), the amount of all available liability insurance coverage maintained by any such entity.
“(E) As it relates to the limitation of liability of any individual contractor or subcontractor, the amount of all available liability insurance coverage maintained by such contractor or subcontractor on September 11, 2001.
“(5) Priority of claims payments.—
Payments to plaintiffs who obtain a settlement or judgment with respect to a claim or action to which paragraph (4) applies, shall be paid solely from the following funds in the following order, as may be applicable:
“(A) The funds described in subparagraph (A) or (B) of paragraph (4).
“(B) If there are no funds available as described in subparagraph (A) or (B) of paragraph (4), the funds described in subparagraph (C) of such paragraph.
“(C) If there are no funds available as described in subparagraph (A), (B), or (C) of paragraph (4), the funds described in subparagraph (D) of such paragraph.
“(D) If there are no funds available as described in subparagraph (A), (B), (C), or (D) of paragraph (4), the funds described in subparagraph (E) of such paragraph.
“(6) Declaratory judgment actions and direct action.—
Any claimant to a claim or action to which paragraph (4) applies may, with respect to such claim or action, either file an action for a declaratory judgment for insurance coverage or bring a direct action against the insurance company involved, except that no such action for declaratory judgment or direct action may be commenced until after the funds available in subparagraph[s] (A), (B), (C), and (D) of paragraph (5) have been exhausted consistent with the order described in such paragraph for payment.
“(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.
“(4) Nationwide subpoenas.—
“(A) In general.—
A subpoena requiring the attendance of a witness at trial or a hearing conducted under this section may be served at any place in the United States.
“(B) Rule of construction.—
Nothing in this subsection is intended to diminish the authority of a court to quash or modify a subpoena for the reasons provided in clause (i), (iii), or (iv) of subparagraph (A) or subparagraph (B) of rule 45(c)(3) of the Federal Rules of Civil Procedure [28 U.S.C. App.].
“(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.
“SEC. 410. VICTIMS COMPENSATION FUND.
“(a) In General.—
There is established in the Treasury of the United States a fund to be known as the ‘Victims Compensation Fund’, consisting of amounts deposited into such fund under subsection (b).
“(b) Deposits Into Fund.—
There shall be deposited into the Victims Compensation Fund each of the following:
“(1) Effective on the day after the date on which all claimants who file a claim in Group A, as described in section 405(a)(3)(C)(ii), have received the full compensation due such claimants under this title for such claim, any amounts remaining from the total amount made available under section 406 to compensate claims in Group A as described in section 405(a)(3)(C)(ii).
“(2) The amount appropriated under subsection (c).
“(c) Appropriations.—
There is appropriated, out of any money in the Treasury not otherwise appropriated, $4,600,000,000 for fiscal year 2017, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).
“(d) Availability of Funds.—
Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).
“(e) Termination.—
Upon completion of all payments under this title, the Victims Compensation Fund shall be permanently closed.
“SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.
“(a) Temporary L-1 Visa Fee Increase.—
Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section [Dec. 18, 2015] and ending on September 30, 2027, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act.
“(b) Temporary H-1b Visa Fee Increase.—
Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2027, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.
“(c) 9-11 Response and Biometric Exit Account.—
“(1) Establishment.—
There is established in the general fund of the Treasury a separate account, which shall be known as the ‘9–11 Response and Biometric Exit Account’.
“(2) Deposits.—
“(A) In general.—
Subject to subparagraph (B), of the amounts collected pursuant to the fee increases authorized under subsections (a) and (b)—
“(i) 50 percent shall be deposited in the general fund of the Treasury; and
“(ii) 50 percent shall be deposited as offsetting receipts into the 9–11 Response and Biometric Exit Account, and shall remain available until expended.
“(B) Termination of deposits in account.—
After a total of $1,000,000,000 is deposited into the 9–11 Response and Biometric Exit Account under subparagraph (A)(ii), all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in the general fund of the Treasury.
“(3) Use of funds.—
For fiscal year 2017, and each fiscal year thereafter, amounts in the 9–11 Response and Biometric Exit Account shall be available to the Secretary of Homeland Security without further appropriation for implementing the biometric entry and exit data system described in section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).
“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, § 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.]
heading: Independent Study of FAA Costs and Allocations
text: Pub. L. 106–181, title III, § 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.”
heading: Operations of Air Taxi Industry
text: Pub. L. 106–181, title VII, § 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.”
heading: Findings
text: Pub. L. 104–264, title II, § 271, Oct. 9, 1996, 110 Stat. 3238, provided that:
“Congress finds the following:
“(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety.
“(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts.
“(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than 193 maintenance schools.
“(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot.
“(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the qualifications of pilots and nonpilots.
“(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the United States are also reviewed by the Administration.
“(7) The Administration each year performs more than 355,000 inspections.
“(8) The Administration issues more than 655,000 pilot’s licenses and more than 560,000 nonpilot’s licenses (including mechanics).
“(9) The Administration’s certification means that the product meets world-wide recognized standards of safety and reliability.
“(10) The Administration’s certification means aviation-related equipment and services meet world-wide recognized standards.
“(11) The Administration’s certification is recognized by governments and businesses throughout the world and as such may be a valuable element for any company desiring to sell aviation-related products throughout the world.
“(12) The Administration’s certification may constitute a valuable license, franchise, privilege or benefits for the holders.
“(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system. The Administration’s design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer.
“(14) The Administration provides extensive services to public use aircraft.”
heading: Purposes
text: Pub. L. 104–264, title II, § 272, Oct. 9, 1996, 110 Stat. 3239, provided that:
“The purposes of this subtitle [subtitle C (§§ 271–278) of title II of Pub. L. 104–264, enacting sections 45301, 45303, 48111, and 48201 of this title, amending section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and section 41742 of this title] are—
“(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future growth in the national aviation and airport system;
“(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
“(3) to ensure that any funding will be dedicated solely for the use of the Administration;
“(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national aviation system and the services provided by the Administration;
“(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives;
“(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the Administration and the aviation system; and
“(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry.”
heading: Independent Assessment of FAA Financial Requirements; Establishment of National Civil Aviation Review Commission
text: Pub. L. 104–264, title II, § 274, Oct. 9, 1996, 110 Stat. 3240, as amended by Pub. L. 106–181, title III, § 307(c)(3), Apr. 5, 2000, 114 Stat. 126, 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.”
heading: Joint Aviation Research and Development Program
text: Pub. L. 103–305, title III, § 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.”
heading: Air Quality in Aircraft Cabins
text: Pub. L. 108–176, title VIII, § 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, § 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, § 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.”
heading: Information on Disinsection of Aircraft
text: Pub. L. 103–305, title V, § 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).”
heading: General Aviation Revitalization Act of 1994
text: Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, § 3(e), Nov. 20, 1997, 111 Stat. 2215, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘General Aviation Revitalization Act of 1994’.
“SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.
“(a) 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.”
heading: National Commission to Ensure a Strong Competitive Airline Industry
text: Pub. L. 102–581, title II, § 204, Oct. 31, 1992, 106 Stat. 4891, as amended Pub. L. 103–13, § 1, Apr. 7, 1993, 107 Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Industry to make a complete investigation and study of financial condition of the airline industry, adequacy of competition in the airline industry, and legal impediments to a financially strong and competitive airline industry, to report to President and Congress not later than 90 days after the date on which initial appointments of members to the Commission were completed, and to terminate on the 30th day following transmission of report.
heading: Definitions of Terms in Pub. L. 115–254
text: Pub. L. 115–254, div. B, § 101, Oct. 5, 2018, 132 Stat. 3199, provided that: “In this division [see Tables for classification], the term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
Pub. L. 115–254, div. B, title IV, § 401, Oct. 5, 2018, 132 Stat. 3328, provided that:
“In this title [see Tables for classification]:
“(1) Covered air carrier.—
The term ‘covered air carrier’ means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code.
“(2) Online service.—
The term ‘online service’ means any service available over the internet, or that connects to the internet or a wide-area network.
“(3) Ticket agent.—
The term ‘ticket agent’ has the meaning given the term in section 40102 of title 49, United States Code.”
Pub. L. 115–254, div. B, title V, § 501, Oct. 5, 2018, 132 Stat. 3350, provided that:
“In this title [see Tables for classification], the following definitions apply:
“(1) Administration.—
The term ‘Administration’ means the Federal Aviation Administration.
“(2) Administrator.—
The term ‘Administrator’ means the Administrator of the FAA.
“(3) ADS–B.—
The term ‘ADS–B’ means automatic dependent surveillance-broadcast.
“(4) ADS–B out.—
The term ‘ADS–B Out’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft.
“(5) FAA.—
The term ‘FAA’ means the Federal Aviation Administration.
“(6) Nextgen.—
The term ‘NextGen’ means the Next Generation Air Transportation System.”
Pub. L. 115–254, div. B, title VII, § 702, Oct. 5, 2018, 132 Stat. 3409, provided that:
“In this title [see Short Title of 2018 Amendment note set out above], the following definitions apply:
“(1) Administrator.—
The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.
“(2) FAA.—
The term ‘FAA’ means the Federal Aviation Administration.
“(3) NASA.—
The term ‘NASA’ means the National Aeronautics and Space Administration.
“(4) Secretary.—
The term ‘Secretary’ means the Secretary of Transportation.”
heading: Definition of Term in Pub. L. 114–190
text: Pub. L. 114–190, § 2, July 15, 2016, 130 Stat. 617, provided that: “In this Act [see Tables for classification], unless expressly provided otherwise, the term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
heading: Definitions of Terms in Title II of Pub. L. 112–95
text: Pub. L. 112–95, title IX, § 902, Feb. 14, 2012, 126 Stat. 138, provided that:
“ In this title [amending sections 44504, 44505, 44511, 44513, and 48102 of this title, enacting provisions set out as notes under this section and sections 44501, 44504, 44505, and 44513 of this title, and amending provisions set out as notes under section 44504 of this title], the following definitions apply:
“(1) Administrator.—
The term ‘Administrator’ means the Administrator of the FAA.
“(2) FAA.—
The term ‘FAA’ means the Federal Aviation Administration.
“(3) Institution of higher education.—
The term ‘institution of higher education’ has the same meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
“(4) NASA.—
The term ‘NASA’ means the National Aeronautics and Space Administration.
“(5) NOAA.—
The term ‘NOAA’ means the National Oceanic and Atmospheric Administration.”
heading: Definitions of Terms in Pub. L. 107–71
text: 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.
heading: Ex. Ord. No. 13479. Transformation of the National Air Transportation System
text: Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to establish and maintain a national air transportation system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United States, including through effective implementation of the Next Generation Air Transportation System (NextGen).
Sec. 2. Definitions. As used in this order the term “Next Generation Air Transportation System” means the system to which section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) (Act) refers.
Sec. 3. Functions of the Secretary of Transportation. Consistent with sections 709 and 710 of the Act and the policy set forth in section 1 of this order, the Secretary of Transportation shall:
(a) take such action within the authority of the Secretary, and recommend as appropriate to the President such action as is within the authority of the President, to implement the policy set forth in section 1 of this order and in particular to implement the NextGen in a safe, secure, timely, environmentally sound, efficient, and effective manner;
(b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section 1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee);
(c) not later than 60 days after the date of this order, establish within the Department of Transportation a support staff (Staff), including employees from departments and agencies assigned pursuant to subsection 4(e) of this order, to support, as directed by the Secretary, the Secretary and the Committee in the performance of their duties relating to the policy set forth in section 1 of this order; and
(d) not later than 180 days after the date of this order, establish an advisory committee to provide advice to the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set forth in section 1 of this order, including aviation-related subjects and any related performance measures specified by the Secretary, pursuant to section 710 of the Act.
Sec. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth in section 1 of this order:
(a) the Secretary of Defense shall assist the Secretary of Transportation by:
(i) collaborating, as appropriate, and verifying that the NextGen meets the national defense needs of the United States consistent with the policies and plans established under applicable Presidential guidance; and
(ii) furnishing, as appropriate, data streams to integrate national defense capabilities of the United States civil and military systems relating to the national air transportation system, and coordinating the development of requirements and capabilities to address tracking and other activities relating to non-cooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate;
(b) the Secretary of Commerce shall:
(i) develop and make available, as appropriate, the capabilities of the Department of Commerce, including those relating to aviation weather and spectrum management, to support the NextGen; and
(ii) take appropriate account of the needs of the NextGen in the trade, commerce, and other activities of the Department of Commerce, including those relating to the development and setting of standards;
(c) the Secretary of Homeland Security shall assist the Secretary of Transportation by ensuring that:
(i) the NextGen includes the aviation-related security capabilities necessary to ensure the security of persons, property, and activities within the national air transportation system consistent with the policies and plans established under applicable Presidential guidance; and
(ii) the Department of Homeland Security shall continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate;
(d) the Administrator of the National Aeronautics and Space Administration shall carry out the Administrator’s duties under Executive Order 13419 of December 20, 2006, in a manner consistent with that order and the policy set forth in section 1 of this order;
(e) the heads of executive departments and agencies shall provide to the Secretary of Transportation such information and assistance, including personnel and other resources for the Staff to which subsection 3(c) of this order refers, as may be necessary and appropriate to implement this order as agreed to by the heads of the departments and agencies involved; and
(f) the Director of the Office of Management and Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order.
Sec. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified in section 710 of the Act, the Committee shall:
(a) report not less often than every 2 years to the President, through the Secretary of Transportation, on progress made and projected to implement the policy set forth in section 1 of this order, together with such recommendations including performance measures for administrative or other action as the Committee determines appropriate;
(b) review the proposals by the heads of executive departments and agencies to the Director of the Office of Management and Budget with respect to programs affecting the policy set forth in section 1 of this order, and make recommendations including performance measures thereon, through the Secretary of Transportation, to the Director; and
(c) advise the Secretary of Transportation and, through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Security, and the Administrator of the National Aeronautics and Space Administration, with respect to the activities of their departments and agencies in the implementation of the policy set forth in section 1 of this order.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.