49 USC Subtitle VII Part A

49 USC SUBTITLE VII, PART A: AIR COMMERCE AND SAFETY
From Title 49—TRANSPORTATION
SUBTITLE VII—AVIATION PROGRAMS

PART A—AIR COMMERCE AND SAFETY

subpart i—general

CHAPTER 401—GENERAL PROVISIONS
Sec.

40101.
40102.
40103.
40104.
40105.
40106.
40107.
40108.
40109.
40110.
40111.
40112.
40113.
40114.
40115.
40116.
40117.
40118.
40119.
40120.
40121.
40122.
40123.
40124.
40125.
40126.
40127.
40128.
40129.

Policy.
Definitions.
Sovereignty and use of airspace.
Promotion of civil aeronautics and safety of air commerce.
International negotiations, agreements, and obligations.
Emergency powers.
Presidential transfers.
Training schools.
Authority to exempt.
General procurement authority.
Multiyear procurement contracts for services and related items.
Multiyear procurement contracts for property.
Administrative.
Reports and records.
Withholding information.
State taxation.
Passenger facility charges.
Government-financed air transportation.
[Reserved].
Relationship to other laws.
Air traffic control modernization reviews.
Federal Aviation Administration personnel management system.
Protection of voluntarily submitted information.
Interstate agreements for airport facilities.
Qualifications for public aircraft status.
Severable services contracts for periods crossing fiscal years.
Prohibitions on discrimination.
Overflights of national parks.
Collaborative decisionmaking pilot program.

40130.

FAA authority to conduct criminal history record checks.
Editorial Notes

Amendments
2018—Pub. L. 115–254, div. K, title I, §1991(c)(4), Oct. 5, 2018, 132 Stat. 3627, substituted "[Reserved]" for "Security and research and
development activities" in item 40119.
2012—Pub. L. 112–95, title I, §111(c)(3), title VIII, §802(b), Feb. 14, 2012, 126 Stat. 18, 119, substituted "Passenger facility charges" for
"Passenger facility fees" in item 40117 and added item 40130.
2003—Pub. L. 108–176, title IV, §423(b), Dec. 12, 2003, 117 Stat. 2554, added item 40129.
2000—Pub. L. 106–181, title VII, §§702(b)(2), 705(b), 706(b), title VIII, §803(b), Apr. 5, 2000, 114 Stat. 156–158, 192, added items 40125 to
40128.
1997—Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215, amended Pub. L. 104–287, §5(69)(B). See 1996 Amendment note below.
1996—Pub. L. 104–287, §5(69)(B), Oct. 11, 1996, 110 Stat. 3396, as amended by Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215,
added item 40124.
Pub. L. 104–264, title II, §254, title IV, §§401(b)(2), 402(b), Oct. 9, 1996, 110 Stat. 3238, 3255, 3256, inserted "safety of" before "air commerce"
in item 40104 and added item 40121 "Air traffic control modernization reviews" and items 40122 and 40123.

§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.)
Historical and Revision Notes
Revised
Section
40101(a)

49 App.:1302(a).

49 App.:1551(b)(1)(E).

40101(b)

49 App.:1302(b).

40101(c)

49 App.:1551(b)(1)(E).
49 App.:1347.

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
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.
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.
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.
Aug. 23, 1958, Pub. L. 85–726, §306, 72
Stat. 749.
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.

40101(e)

49 App.:1655(c)(1).
49 App.:1502(b).

40101(f)

49 App.:1551(b)(1)(E).
49 App.:1302(c).

Aug. 23, 1958, Pub. L. 85–726, §103, 72
Stat. 740; Nov. 18, 1988, Pub. L. 100–690,
§7202(b), 102 Stat. 4424.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1102(b); added Feb. 15, 1980, Pub. L.
96–192, §17, 94 Stat. 42.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§102(c); added Oct. 31, 1992, Pub. L.
102–581, §205, 106 Stat. 4894.

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

clause (9)(C), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States
Code.
Editorial Notes

Amendments
2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).
1996—Subsec. (d)(1). Pub. L. 104–264, §401(a)(1)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104–264, §401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out "its development and" after "best

promotes". Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104–264, §401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted "encouraging and developing civil
aeronautics, including new aviation technology" for "promoting, encouraging, and developing civil aeronautics". Former par. (3) redesignated
(4).
Subsec. (d)(4) to (7). Pub. L. 104–264, §401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment
Pub. L. 112–95, §3, Feb. 14, 2012, 126 Stat. 15, provided that: "Except as otherwise expressly provided, this Act [see Tables for classification]
and the amendments made by this Act shall take effect on the date of enactment of this Act [Feb. 14, 2012]."

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Short Title of 2022 Amendment
Pub. L. 117–203, §1, Oct. 17, 2022, 136 Stat. 2227, provided that: "This Act [enacting provisions set out as a note below] may be cited as the
'Advanced Air Mobility Coordination and Leadership Act'[.]"
Pub. L. 117–186, §1, Oct. 10, 2022, 136 Stat. 2199, provided that: "This Act [amending section 47110 of this title] may be cited as the 'Expedited
Delivery of Airport Infrastructure Act of 2021'."

Short Title of 2020 Amendment
Pub. L. 116–260, div. V, title I, §101(a), Dec. 27, 2020, 134 Stat. 2309, provided that: "This title [see Tables for classification] may be cited as the
'Aircraft Certification, Safety, and Accountability Act'."
Pub. L. 116–190, §1, Oct. 30, 2020, 134 Stat. 974, provided that: "This Act [amending section 47107 of this title] may be cited as the 'Friendly
Airports for Mothers Improvement Act'."

Short Title of 2019 Amendment

Pub. L. 116–92, div. A, title XI, §1131(a), Dec. 20, 2019, 133 Stat. 1615, provided that: "This subtitle [subtitle C (§§1131–1135) of title XI of div.
A of Pub. L. 116–92, amending section 44506 of this title] may be cited as the 'ATC Hiring Reform Act'."
Pub. L. 116–34, §1, July 29, 2019, 133 Stat. 1040, provided that: "This Act [amending provisions set out as a note under this section] may be
cited as the 'Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim
Compensation Fund Act'."

Short Title of 2018 Amendment
Pub. L. 115–254, §1(a), Oct. 5, 2018, 132 Stat. 3186, provided that: "This Act [see Tables for classification] may be cited as the 'FAA
Reauthorization Act of 2018'."
Pub. L. 115–254, div. B, title III, §391, Oct. 5, 2018, 132 Stat. 3323, provided that: "This subtitle [subtitle C (§§391–396) of title III of div. B of
Pub. L. 115–254, enacting section 47124a of this title, amending section 44709 of this title, enacting provisions set out as notes under sections 44701
and 46101 of this title, and amending provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the 'Fairness for Pilots
Act'."
Pub. L. 115–254, div. B, title VII, §701, Oct. 5, 2018, 132 Stat. 3409, provided that: "This title [enacting sections 44518 and 47511 of this title and
sections 2801 to 2811 of Title 43, Public Lands, amending sections 44508 and 48102 of this title, and enacting provisions set out as notes under this
section and sections 106, 44505, and 44802 of this title and section 2801 of Title 43] may be cited as the 'FAA Leadership in Groundbreaking HighTech Research and Development Act' or the 'FLIGHT R&D Act'."
Pub. L. 115–254, div. C, §1101, Oct. 5, 2018, 132 Stat. 3429, provided that: "This division [enacting section 1140 of this title, amending sections
1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections
1101, 1116, and 1119 of this title] may be cited as the 'National Transportation Safety Board Reauthorization Act'."

Short Title of 2016 Amendment
Pub. L. 114–242, §1, Oct. 7, 2016, 130 Stat. 978, provided that: "This Act [amending section 40122 of this title and enacting provisions set out as
notes under section 40122 of this title] may be cited as the 'Federal Aviation Administration Veteran Transition Improvement Act of 2016'."
Pub. L. 114–190, §1(a), July 15, 2016, 130 Stat. 615, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Extension,
Safety, and Security Act of 2016'."

Short Title of 2015 Amendment
Pub. L. 114–113, div. O, title IV, §401, Dec. 18, 2015, 129 Stat. 3000, provided that: "This title [enacting section 10609 of Title 42, The Public
Health and Welfare, amending section 905 of Title 2, The Congress, enacting provisions set out as a note under section 905 of Title 2, and
amending provisions set out as notes under this section] may be cited as the 'James Zadroga 9/11 Victim Compensation Fund Reauthorization
Act'."

Short Title of 2014 Amendment
Pub. L. 113–238, §1, Dec. 18, 2014, 128 Stat. 2842, provided that: "This Act [enacting section 44946 of this title] may be cited as the 'Aviation
Security Stakeholder Participation Act of 2014'."
Pub. L. 113–221, §1, Dec. 16, 2014, 128 Stat. 2094, provided that: "This Act [enacting section 44928 of this title] may be cited as the 'Honor Flight
Act'."

Short Title of 2013 Amendment
Pub. L. 113–27, §1, Aug. 9, 2013, 127 Stat. 503, provided that: "This Act [enacting section 44927 of this title] may be cited as the 'Helping Heroes

Fly Act'."

Pub. L. 112–271, §1, Jan. 14, 2013, 126 Stat. 2446, provided that: "This Act [amending section 44945 of this title] may be cited as the 'Clothe a
Homeless Hero Act'."

Short Title of 2012 Amendment
Pub. L. 112–218, §1, Dec. 20, 2012, 126 Stat. 1593, provided that: "This Act [amending section 44901 of this title] may be cited as the 'No-Hassle
Flying Act of 2012'."
Pub. L. 112–153, §1, Aug. 3, 2012, 126 Stat. 1159, provided that: "This Act [amending sections 44703, 44709, and 44710 of this title and enacting
provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the 'Pilot's Bill of Rights'."
Pub. L. 112–95, §1(a), Feb. 14, 2012, 126 Stat. 11, provided that: "This Act [see Tables for classification] may be cited as the 'FAA
Modernization and Reform Act of 2012'."
Pub. L. 112–86, §1, Jan. 3, 2012, 125 Stat. 1874, provided that: "This Act [amending section 44903 of this title and enacting provisions set out as
a note under section 44903 of this title] may be cited as the 'Risk-Based Security Screening for Members of the Armed Forces Act'."

Short Title of 2010 Amendment
Pub. L. 111–216, §1, Aug. 1, 2010, 124 Stat. 2348, provided that: "This Act [amending sections 106, 1135, 40117, 41712, 44302, 44303, 44703, 47104,
47107, 47115, 47141, 48101, 48102, and 49108 of this title and sections 4081, 4261, 4271, and 9502 of Title 26, Internal Revenue Code, enacting
provisions set out as notes under sections 40117 and 44701 of this title and sections 4081 and 9502 of Title 26, and amending provisions set out as a
note under section 47109 of this title] may be cited as the 'Airline Safety and Federal Aviation Administration Extension Act of 2010'."

Short Title of 2007 Amendment
Pub. L. 110–135, §1, Dec. 13, 2007, 121 Stat. 1450, provided that: "This Act [enacting section 44729 of this title] may be cited as the 'Fair
Treatment for Experienced Pilots Act'."
Pub. L. 110–113, §1, Nov. 8, 2007, 121 Stat. 1039, provided that: "This Act [enacting and amending provisions set out as notes under this
section] may be cited as the 'Procedural Fairness for September 11 Victims Act of 2007'."

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

2004'."

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

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

Short Title of 2001 Amendment
Pub. L. 107–71, §1, Nov. 19, 2001, 115 Stat. 597, provided that: "This Act [see Tables for classification] may be cited as the 'Aviation and
Transportation Security Act'."

Short Title of 2000 Amendments

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

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

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

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

1997'."

Short Title of 1996 Amendment
Pub. L. 104–264, §1(a), Oct. 9, 1996, 110 Stat. 3213, provided that: "This Act [see Tables for classification] may be cited as the 'Federal
Aviation Reauthorization Act of 1996'."
Pub. L. 104–264, title II, §201, Oct. 9, 1996, 110 Stat. 3227, provided that: "This title [enacting sections 40121, 40122, 45301, 45303, 48111, and
48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section
45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the
'Air Traffic Management System Performance Improvement Act of 1996'."
Pub. L. 104–264, title II, §278(a), Oct. 9, 1996, 110 Stat. 3249, provided that: "This section [amending section 41742 of this title and enacting
provisions set out as a note under section 41742 of this title] may be cited as the 'Rural Air Service Survival Act'."
Pub. L. 104–264, title V, §501, Oct. 9, 1996, 110 Stat. 3259, provided that: "This title [amending sections 30305, 44936, and 46301 of this title and
enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the 'Pilot Records Improvement Act of 1996'."
Pub. L. 104–264, title VI, §601, Oct. 9, 1996, 110 Stat. 3263, provided that: "This title [enacting section 44724 of this title] may be cited as the
'Child Pilot Safety Act'."
Pub. L. 104–264, title VII, §701, Oct. 9, 1996, 110 Stat. 3264, provided that: "This title [enacting sections 1136 and 41113 of this title and provisions
set out as notes under section 41113 of this title] may be cited as the 'Aviation Disaster Family Assistance Act of 1996'."
Pub. L. 104–264, title VIII, §801, Oct. 9, 1996, 110 Stat. 3269, provided that: "This title [enacting section 47133 of this title, amending sections 46301
and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title]
may be cited as the 'Airport Revenue Protection Act of 1996'."
Pub. L. 104–264, title XI, §1101, Oct. 9, 1996, 110 Stat. 3278, provided that: "This title [amending sections 44501, 44508, and 48102 of this title] may
be cited as the 'FAA Research, Engineering, and Development Management Reform Act of 1996'."

Short Title of 1994 Amendment
Pub. L. 103–305, §1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: "This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of
this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to
47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code,
renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections

10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note

under section 1348 of former Title 49, Transportation] may be cited as the 'Federal Aviation Administration Authorization Act of 1994'."
Pub. L. 103–305, title III, §301, Aug. 23, 1994, 108 Stat. 1589, provided that: "This title [enacting section 47509 of this title, amending sections
44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the 'Federal
Aviation Administration Research, Engineering, and Development Authorization Act of 1994'."

Advanced Air Mobility Working Group
Pub. L. 117–203, §2, Oct. 17, 2022, 136 Stat. 2227, provided that:
"(a) In General.—Not later than 120 days after the date of enactment of this Act [Oct. 17, 2022], the Secretary of Transportation shall

establish an advanced air mobility interagency working group (in this section referred to as the 'working group').
"(b) Purpose.—Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it
is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology.
The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations,
infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United
States, particularly passenger-carrying aircraft, in order to—
"(1) grow new transportation options;
"(2) amplify economic activity and jobs;
"(3) advance environmental sustainability and new technologies; and
"(4) support emergency preparedness and competitiveness.
"(c) Membership.—Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation
shall—
"(1) appoint the Under Secretary of Transportation for Policy to chair the working group;
"(2) designate not less than 1 additional representative to participate on the working group from each of—
"(A) the Department of Transportation; and
"(B) the Federal Aviation Administration; and
"(3) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the
working group, including—
"(A) the National Aeronautics and Space Administration;
"(B) the Department of Commerce;
"(C) the Department of Defense;
"(D) the Department of Energy;
"(E) the Department of Homeland Security;
"(F) the Department of Agriculture;
"(G) the Department of Labor;
"(H) the Federal Communications Commission; and
"(I) such other departments or agencies as the Secretary of Transportation determines appropriate.
"(d) Coordination.—
"(1) In general.—The working group shall engage with State, local, and Tribal governments, aviation industry and labor stakeholders,
stakeholder associations, and others determined appropriate by the Secretary of Transportation and the Administrator of the Federal
Aviation Administration, including—
"(A) manufacturers of aircraft, avionics, propulsion systems, structures, and air traffic management systems;
"(B) commercial air carriers, commercial operators, unmanned aircraft system operators, and general aviation operators, including
helicopter operators;
"(C) intended operators of AAM aircraft;
"(D) airports, heliports, fixed-base operators;

"(E) certified labor representatives for pilots associations, air traffic control specialists employed by the Federal Aviation
Administration, aircraft mechanics, and aviation safety inspectors;
"(F) State, local, and Tribal officials or public agencies, with representation from both urban and rural areas;
"(G) first responders;
"(H) groups representing environmental interests;
"(I) electric utilities, energy providers and energy market operators;
"(J) academia with experience working with industry on new technology and commercialization;
"(K) groups representing the telecommunications industry; and
"(L) aviation training and maintenance providers.
"(2) Advisory committees.—The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such
Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1).
"(e) Review and Examination.—Not later than 1 year after the working group is established under subsection (a), the working group shall
complete a review and examination of, at a minimum—
"(1) the steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations;
"(2) the air traffic management and safety concepts that might be considered as part of evolving AAM to higher levels of traffic density;
"(3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry;
"(4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to
accommodate and support expanded operations of AAM after initial implementation;
"(5) steps needed to ensure a robust and secure domestic supply chain;
"(6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster
response, and transportation benefits;
"(7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and
"(8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations.
"(f) AAM National Strategy.—Based on the review and examination performed under subsection (e), the working group shall develop an
AAM National Strategy that includes—
"(1) recommendations regarding the safety, operations, security, infrastructure, air traffic concepts, and other Federal investment or
actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit; and
"(2) a comprehensive plan detailing the roles and responsibilities of each Federal department and agency, and of State, local, and Tribal
governments, necessary to facilitate or implement the recommendations developed under paragraph (1).
"(g) Report.—Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group
shall submit to the appropriate committees of Congress a report—
"(1) detailing findings from the review and examination performed under subsection (e); and
"(2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f).
"(h) Evaluation of Termination of Working Group.—Not later than 30 days after the date on which the working group submits the report
required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall
notify the appropriate committees of Congress of such decision.
"(i) Definitions.—For purposes of this section and section 3 [of Pub. L. 117–203, 136 Stat. 2230, which is not classified to the Code]:
"(1) Advanced air mobility; aam.—The terms 'advanced air mobility' and 'AAM' mean a transportation system that transports people and
property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric
vertical take-off and landing aircraft, in both controlled and uncontrolled airspace.
"(2) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Transportation and Infrastructure of the House of Representatives.
"(3) Electric aircraft.—The term 'electric aircraft' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion
system used for flight.

"(4) Fixed-base operator.—The term 'fixed-base operator' means a business granted the right by an airport sponsor or heliport sponsor
to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and
parking, aircraft rental, aircraft maintenance, and flight instruction.
"(5) State.—The term 'State' has the meaning given such term in section 47102 of title 49, United States Code.
"(6) Vertical take-off and landing.—The term 'vertical take-off and landing' means an aircraft with lift/thrust units used to generate
powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing."

National Air Grant Fellowship Program
Pub. L. 116–260, div. V, title I, §131, Dec. 27, 2020, 134 Stat. 2350, provided that:
"(a) Program.—
"(1) Program maintenance.—The Administrator [of the Federal Aviation Administration] shall maintain within the FAA [Federal Aviation

Administration] a program to be known as the 'National Air Grant Fellowship Program'.
"(2) Program elements.—The National Air Grant Fellowship Program shall provide support for the fellowship program under subsection
(b).
"(3) Responsibilities of administrator.—
"(A) Guidelines.—The Administrator shall establish guidelines related to the activities and responsibilities of air grant fellowships
under subsection (b).
"(B) Qualifications.—The Administrator shall by regulation prescribe the qualifications required for designation of air grant
fellowships under subsection (b).
"(C) Authority.—In order to carry out the provisions of this section, the Administrator may—
"(i) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with
civil service laws;
"(ii) make appointments with respect to temporary and intermittent services to the extent authorized by section 3109 of title 5,
United States Code;
"(iii) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States
Code;
"(iv) notwithstanding section 1342 of title 31, United States Code, accept donations and voluntary and uncompensated services;
"(v) accept funds from other Federal departments and agencies, including agencies within the FAA, to pay for and add to
activities authorized by this section; and
"(vi) promulgate such rules and regulations as may be necessary and appropriate.
"(4) Director of national air grant fellowship program.—
"(A) In general.—The Administrator shall appoint, as the Director of the National Air Grant Fellowship Program, a qualified
individual who has appropriate administrative experience and knowledge or expertise in fields related to aerospace. The Director shall be
appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate
payable under section 5376 of title 5, United States Code.
"(B) Duties.—Subject to the supervision of the Administrator, the Director shall administer the National Air Grant Fellowship
Program. In addition to any other duty prescribed by law or assigned by the Administrator, the Director shall—
"(i) cooperate with institutions of higher education that offer degrees in fields related to aerospace;
"(ii) encourage the participation of graduate and post-graduate students in the National Air Grant Fellowship Program; and
"(iii) cooperate and coordinate with other Federal activities in fields related to aerospace.
"(b) Fellowships.—
"(1) In general.—The Administrator shall support a program of fellowships for qualified individuals at the graduate and post-graduate
level. The fellowships shall be in fields related to aerospace and awarded pursuant to guidelines established by the Administrator. The
Administrator shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this
paragraph.
"(2) Aerospace policy fellowship.—

"(A) In general.—The Administrator shall award aerospace policy fellowships to support the placement of individuals at the
graduate level of education in fields related to aerospace in positions with—
"(i) the executive branch of the United States Government; and
"(ii) the legislative branch of the United States Government.
"(B) Placement priorities for legislative fellowships.—
"(i) In general.—In considering the placement of individuals receiving a fellowship for a legislative branch position under
subparagraph (A)(ii), the Administrator shall give priority to placement of such individuals in the following:
     "(I) Positions in offices of, or with Members on, committees of Congress that have jurisdiction over the FAA.
     "(II) Positions in offices of Members of Congress that have a demonstrated interest in aerospace policy.
"(ii) Equitable distribution.—In placing fellows in positions described under clause (i), the Administrator shall ensure that
placements are equally distributed among the political parties.
"(C) Duration.—A fellowship awarded under this paragraph shall be for a period of not more than 1 year.
"(3) Restriction on use of funds.—Amounts available for fellowships under this subsection, including amounts accepted under
subsection (a)(3)(C)(v) or appropriated under subsection (d) to carry out this subsection, shall be used only for award of such fellowships
and administrative costs of implementing this subsection.
"(c) Interagency Cooperation.—Each department, agency, or other instrumentality of the Federal Government that is engaged in or
concerned with, or that has authority over, matters relating to aerospace—
"(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their
consent and without prejudice to their position and rating), service, or facility that the Administrator deems necessary to carry out any
provision of this section;
"(2) shall, upon a written request from the Administrator, furnish any available data or other information that the Administrator deems
necessary to carry out any provision of this section; and
"(3) shall cooperate with the FAA and duly authorized officials thereof.
"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2021
through 2025 to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.
"(e) Definitions.—In this section:
"(1) Director.—The term 'Director' means the Director of the National Air Grant Fellowship Program, appointed pursuant to subsection
(a)(4).
"(2) Fields related to aerospace.—The term 'fields related to aerospace' means any discipline or field that is concerned with, or likely to
improve, the development, assessment, operation, safety, or repair of aircraft and other airborne objects and systems, including the
following:
"(A) Aerospace engineering.
"(B) Aerospace physiology.
"(C) Aeronautical engineering.
"(D) Airworthiness engineering.
"(E) Electrical engineering.
"(F) Human factors.
"(G) Software engineering.
"(H) Systems engineering."

Emerging Safety Trends in Aviation
Pub. L. 116–260, div. V, title I, §132, Dec. 27, 2020, 134 Stat. 2352, provided that:
"(a) General.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall enter into an

agreement with the Transportation Research Board for the purposes of developing an annual report identifying, categorizing, and analyzing
emerging safety trends in air transportation.
"(b) Factors.—The emerging safety trends report should be based on the following data:

"(1) The National Transportation Safety Board's investigation of accidents under section 1132 of title 49, United States Code.
"(2) The Administrator's investigations of accidents and incidents under section 40113 of title 49, United States Code.
"(3) Information provided by air operators pursuant to safety management systems.
"(4) International investigations of accidents and incidents, including reports, data, and information from foreign authorities and ICAO.
"(5) Other sources deemed appropriate for establishing emerging safety trends in the aviation sector, including the FAA's annual safety
culture assessment required under subsection (c).
"(c) Safety Culture Assessment.—The Administrator shall conduct an annual safety culture assessment through fiscal year 2031, which
shall include surveying all employees in the FAA's Aviation Safety organization (AVS) to determine the employees' collective opinion
regarding, and to assess the health of, AVS' safety culture and implementation of any voluntary safety reporting program.
"(d) Existing Reporting Systems.—The Executive Director of the Transportation Research Board, in consultation with the Secretary of
Transportation and Administrator, may take into account and, as necessary, harmonize data and sources from existing reporting systems
within the Department of Transportation and FAA.
"(e) Biennial Report to Congress.—One year after the Administrator enters into the agreement with the Transportation Research Board as
set forth in subsection (a), and biennially thereafter through fiscal year 2031, the Executive Director, in consultation with the Secretary and
Administrator, shall submit to the congressional committees of jurisdiction a report identifying the emerging safety trends in air transportation."
[For definitions of terms used in section 132 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note below.]

FAA Leadership on Civil Supersonic Aircraft
Pub. L. 115–254, div. B, title I, §181, Oct. 5, 2018, 132 Stat. 3230, 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."

Aircraft Air Quality
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)."

Performance-Based Standards
Pub. L. 115–254, div. B, title III, §329, Oct. 5, 2018, 132 Stat. 3272, provided that: "The Administrator [of the Federal Aviation Administration]
shall, to the maximum extent possible and consistent with Federal law, and based on input by the public, ensure that regulations, guidance,
and policies issued by the FAA on and after the date of enactment of this Act [Oct. 5, 2018] are issued in the form of performance-based
standards, providing an equal or higher level of safety."

Return on Investment Report
Pub. L. 115–254, div. B, title V, §503(a)–(d), Oct. 5, 2018, 132 Stat. 3352, 3353, provided that:
"(a) 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."

Human Factors
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)."

Programmatic Risk Management
Pub. L. 115–254, div. B, title V, §508, Oct. 5, 2018, 132 Stat. 3355, provided that: "To better inform the [Federal Aviation] Administration's
decisions regarding the prioritization of efforts and allocation of resources for NextGen [Next Generation Air Transportation System], the
Administrator [of the Federal Aviation Administration] shall—
"(1) solicit input from specialists in probability and statistics to identify and prioritize the programmatic and implementation risks to
NextGen; and
"(2) develop a method to manage and mitigate the risks identified in paragraph (1)."

Part 91 Review, Reform, and Streamlining
Pub. L. 115–254, div. B, title V, §513, Oct. 5, 2018, 132 Stat. 3357, provided that:
"(a) 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)."

Pilots Sharing Flight Expenses With Passengers
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."

Geosynthetic Materials
Pub. L. 115–254, div. B, title V, §525, Oct. 5, 2018, 132 Stat. 3364, provided that: "The Administrator [of the Federal Aviation Administration], to
the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic
materials and other innovative technologies, in carrying out the activities of the Federal Aviation Administration."

Treatment of Multiyear Lessees of Large and Turbine-Powered Multiengine Aircraft
Pub. L. 115–254, div. B, title V, §550, Oct. 5, 2018, 132 Stat. 3378, provided that: "The Secretary of Transportation shall revise such regulations
as may be necessary to ensure that multiyear lessees and owners of large and turbine-powered multiengine aircraft are treated equally for
purposes of joint ownership policies of the FAA."

Enhanced Surveillance Capability

Pub. L. 115–254, div. B, title V, §562, Oct. 5, 2018, 132 Stat. 3384, provided that: "Not later than 120 days after the date of enactment of this Act
[Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall identify and implement a strategy to—
"(1) advance near-term and long-term uses of enhanced surveillance systems, such as space-based ADS–B [automatic dependent
surveillance-broadcast], within United States airspace or international airspace delegated to the United States;
"(2) exercise leadership on setting global standards for the separation of aircraft in oceanic airspace by working with—
"(A) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;
"(B) other international organizations and fora; and
"(C) the private sector; and
"(3) ensure the participation of the [Federal Aviation] Administration in the analysis of trials of enhanced surveillance systems, such as
space-based ADS–B, performed by foreign air navigation service providers in North Atlantic airspace."

Aviation Workforce Development Programs
Pub. L. 115–254, div. B, title VI, §625, Oct. 5, 2018, 132 Stat. 3405, as amended by Pub. L. 116–92, div. A, title XVII, §1743(a), Dec. 20, 2019,
133 Stat. 1842, 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;
"(D) a State or local governmental entity; or
"(E) an organization representing aircraft users, aircraft owners, or aircraft pilots.
"(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."
[Pub. L. 116–92, div. A, title XVII, §1743(b), Dec. 20, 2019, 133 Stat. 1842, provided that: "The amendments made by subsection (a) [amending
section 625 of Pub. L. 115–254, set out above] shall take effect as if included in the enactment of the FAA Reauthorization Act of 2018 (Public
Law 115–254)."]

Community and Technical College Centers of Excellence in Small Unmanned Aircraft System
Technology Training
Pub. L. 115–254, div. B, title VI, §631, Oct. 5, 2018, 132 Stat. 3407, provided that:
"(a) 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)."

Collegiate Training Initiative Program for Unmanned Aircraft Systems
Pub. L. 115–254, div. B, title VI, §632, Oct. 5, 2018, 132 Stat. 3408, provided that:
"(a) 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."

Cyber Testbed
Pub. L. 115–254, div. B, title VII, §731, Oct. 5, 2018, 132 Stat. 3411, provided that: "Not later than 6 months after the date of enactment of this
Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall develop an integrated Cyber Testbed for research,
development, evaluation, and validation of air traffic control modernization technologies, before they enter the national airspace system, as
being compliant with FAA data security regulations. The Cyber Testbed shall be part of an integrated research and development test
environment capable of creating, identifying, defending, and solving cybersecurity-related problems for the national airspace system. This
integrated test environment shall incorporate integrated test capacities within the FAA related to the national airspace system and NextGen."

Mitigation of Operational Risks Posed to Certain Military Aircraft by Automatic Dependent
Surveillance-Broadcast Equipment
Pub. L. 115–232, div. A, title X, §1046, Aug. 13, 2018, 132 Stat. 1959, provided that:
"(a) 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."

Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned
Aircraft Systems
Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, formerly set out as a note under this section, was transferred and is set out
as a note under section 44802 of this title.

Unmanned Aircraft Joint Training and Usage Plan
Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, formerly set out as a note under this section, was transferred and is set
out as a note under section 44802 of this title.

Interagency Collaboration
Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, formerly set out as a note under this section, was transferred
and is set out as a note under section 44802 of this title.

Prohibition on Participation in European Union's Emissions Trading Scheme
Pub. L. 112–200, Nov. 27, 2012, 126 Stat. 1477, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'European Union Emissions Trading Scheme Prohibition Act of 2011'.
"SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION'S EMISSIONS TRADING SCHEME.
"(a) 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."

NextGen Air Transportation System and Air Traffic Control Modernization
Pub. L. 112–95, title II, §§201, 202, 211–222, Feb. 14, 2012, 126 Stat. 36, 44-54, as amended by Pub. L. 114–328, div. A, title III, §341(b), Dec.
23, 2016, 130 Stat. 2081; Pub. L. 115–254, div. B, title V, §§503(e), 522(a), Oct. 5, 2018, 132 Stat. 3353, 3363, provided that:

"SEC. 201. DEFINITIONS.
"In this title [amending sections 106, 40102, 40110, and 40113 of this title, enacting provisions set out as notes under this section and sections 106
and 44506 of this title, and amending provisions set out as notes under this section], the following definitions apply:
"(1) 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 nonOEP 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 publicprivate 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."]

Contingency Planning
Pub. L. 112–95, title II, §208(d), Feb. 14, 2012, 126 Stat. 43, provided that: "The Associate Administrator for Next Generation Air Transportation
System Planning, Development, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for
dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism."

Reports on Status of Greener Skies Project
Pub. L. 112–95, title II, §225, Feb. 14, 2012, 126 Stat. 55, provided that:
"(a) 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.]

Unmanned Aircraft Systems
Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended, formerly set out as a note under this section, was transferred and
is set out as a note under section 44802 of this title.
Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended, formerly set out as a note under this section, was transferred and
is set out as a note under section 44802 of this title.

Clarification of Requirements for Volunteer Pilots Operating Charitable Medical Flights
Pub. L. 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 singleengine, 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."

Interagency Research on Aviation and the Environment
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."

Unmanned Aerial Systems and National Airspace
Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, formerly set out as a note under this section, was transferred and is set out
as a note under section 44802 of this title.

Findings
Pub. L. 110–113, §2, Nov. 8, 2007, 121 Stat. 1039, provided that: "Congress finds the following:
"(1) The September 11th Victims Compensation Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101 note) establishes a Federal

cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of
the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001.
"(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure [28 U.S.C. App.] effectively limit service of a subpoena to
any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides
that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.
"(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony
and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be
employed, or regularly transact business in, or within 100 miles of, the Southern District of New York."

Revitalization of Aviation and Aeronautics
Pub. L. 108–176, §4, Dec. 12, 2003, 117 Stat. 2493, provided that: "Congress finds the following:

"(1) The United States has revolutionized the way people travel, developing new technologies and aircraft to move people more
efficiently and more safely.
"(2) Past Federal investment in aeronautics research and development has benefited the economy and national security of the United
States and the quality of life of its citizens.

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

Report on Long-Term Environmental Improvements
Pub. L. 108–176, title III, §321, Dec. 12, 2003, 117 Stat. 2540, provided that:
"(a) In General.—The Secretary of Transportation, in consultation with the Administrator of the National Aeronautics and Space

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

Reduction of Noise and Emissions From Civilian Aircraft
Pub. L. 108–176, title III, §326, Dec. 12, 2003, 117 Stat. 2542, provided that:
"(a) Establishment of Research Program.—From amounts made available under section 48102(a) of title 49, United States Code, the Secretary

of Transportation shall establish a research program related to reducing community exposure to civilian aircraft noise or emissions through
grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The
program shall include participation by educational and research institutions that have existing facilities for developing and testing noise
reduction engine technology.
"(b) Designation of Institute as a Center of Excellence.—The Administrator of the Federal Aviation Administration shall designate an
institution described in subsection (a) as a Center of Excellence for Noise and Emission Research."

Air Transportation System Joint Planning and Development Office
Pub. L. 108–176, title VII, §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."

Next Generation Air Transportation Senior Policy Committee
Pub. L. 108–176, title VII, §710, Dec. 12, 2003, 117 Stat. 2584, as amended by Pub. L. 112–95, title II, §209, Feb. 14, 2012, 126 Stat. 43, 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.]

Reimbursement for Losses Incurred by General Aviation Entities
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."

GAO Report on Airlines' Actions To Improve Finances and on Executive Compensation
Pub. L. 108–176, title VIII, §826, Dec. 12, 2003, 117 Stat. 2596, provided that:
"(a) Finding.—Congress finds that the United States Government has by law provided substantial financial assistance to United States

commercial airlines in the form of war risk insurance and reinsurance and other economic benefits and has imposed substantial economic and
regulatory burdens on those airlines. In order to determine the economic viability of the domestic commercial airline industry and to evaluate
the need for additional measures or the modification of existing laws, Congress needs more frequent information and independently verified
information about the financial condition of these airlines.
"(b) GAO Report.—Not later than one year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall prepare a
report for Congress analyzing the financial condition of the United States airline industry in its efforts to reduce the costs, improve the earnings
and profits and balances of each individual air carrier. The report shall recommend steps that the industry should take to become financially
self-sufficient.
"(c) GAO Authority.—In order to compile the report required by subsection (b), the Comptroller General, or any of the Comptroller General's
duly authorized representatives, shall have access for the purpose of audit and examination to any books, accounts, documents, papers, and
records of such air carriers that relate to the information required to compile the report. The Comptroller General shall submit with the report a
certification as to whether the Comptroller General has had access to sufficient information to make informed judgments on the matters
covered by the report.

"(d) Reports to Congress.—The Comptroller General shall transmit the report required by subsection (b) to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure."

Mail and Freight Waivers
Pub. L. 107–71, title I, §127, Nov. 19, 2001, 115 Stat. 632, provided that:
"(a) In General.—During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation,

after consultation with the Transportation Security Oversight Board, may grant a complete or partial waiver of any restrictions on the carriage
by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or
other Federal agency or department) that would permit such carriage of freight, mail, emergency medical supplies, personnel, or patients on
flights, to, from, or within a State if the Secretary determines that—
"(1) extraordinary air transportation needs or concerns exist; and
"(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of the State.
"(b) Limitations.—The Secretary may impose reasonable limitations on any such waiver."

Air Carriers Required To Honor Tickets for Suspended Service
Pub. L. 107–71, title I, §145, Nov. 19, 2001, 115 Stat. 645, as amended by Pub. L. 108–7, div. I, title III, §372, Feb. 20, 2003, 117 Stat. 427; Pub. L.
108–176, title IV, §428, Dec. 12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, §8404, Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title I,
§178, Nov. 30, 2005, 119 Stat. 2427, required each air carrier providing scheduled air transportation on a route to provide, to the extent

practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspended, interrupted, or
discontinued air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier occurring on or before Nov. 30,
2006.

Relationship of Eligible Crime Victim Compensation Programs to September 11th Victim Compensation
Fund
Pub. L. 107–56, title VI, §622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: "With respect to any compensation payable under title IV of
Public Law 107–42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations
issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of
Crime Act of 1984 (42 U.S.C. 10602) [now 34 U.S.C. 20102] shall not render that program ineligible for future grants under the Victims of Crime
Act of 1984 [34 U.S.C. 20101 et seq.]."

Air Transportation Safety and System Stabilization
Pub. L. 112–10, div. B, title III, §1347, Apr. 15, 2011, 125 Stat. 124, as amended by Pub. L. 114–113, div. O, title IV, §402(h), Dec. 18, 2015, 129
Stat. 3007, provided that: "Notwithstanding any other provision of law, in fiscal year 2012 and thereafter payments for costs described in
subsection (a) of section 404 of Public Law 107–42, as amended [set out below], shall be considered to be, and included in, payments for

compensation for the purposes of sections 406(b) and (d)(1) and (2) of such Act. Costs for payments for compensation for claims in Group A,
as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for
payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the
Victims Compensation Fund established under section 410 of such Act."
Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L. 107–71, title I, §124(a), (c), (d), title II, §201, Nov. 19, 2001, 115 Stat. 631,
645; Pub. L. 107–134, title I, §114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title VIII, §890, title XII, §1201(2), Nov. 25, 2002, 116 Stat.
2251, 2286; Pub. L. 110–113, §3, Nov. 8, 2007, 121 Stat. 1039; Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974; Pub. L. 111–347, title II,
Jan. 2, 2011, 124 Stat. 3659; Pub. L. 114–113, div. O, title IV, §402(a)–(g), Dec. 18, 2015, 129 Stat. 3000–3006; Pub. L. 115–123, div. C, title II,
§30203(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 116–34, §§2, 3, July 29, 2019, 133 Stat. 1040, 1042, provided that:
"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Air Transportation Safety and System Stabilization Act'.
"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) Appointment of Special Master and Deputy Special Masters.—The Attorney General may appoint a Special Master and no more than
two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.
Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master
and the Deputy Special Masters.
"(c) 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 October 1, 2090.
"(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.—
"(i) In general.—Except as provided in clause (ii), 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.
"(ii) Exception.—The Special Master may exceed the applicable limitation in clause (i) for a claim in Group B as described in
subsection (a)(3)(C)(iii) if the Special Master determines that the claim presents special circumstances.
"(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
the annual gross income limitation. The annual gross income limitation in effect on the date of enactment of the Never Forget the

Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act
[July 29, 2018] is $200,000. The Special Master shall periodically adjust that annual gross income limitation to account for inflation.
"(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.
"(D) Compensation reduced by special master due to insufficient funding.—
"(i) In general.—In any claim in Group B as described in section 405(a)(3)(C)(iii) in which, prior to the enactment of the Never
Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim
Compensation Fund Act [July 29, 2019], the Special Master had advised the claimant that the amount of compensation has been
reduced on the basis of insufficient funding, the Special Master shall, in the first fiscal year beginning after sufficient funding becomes
available under such Act [amending this note], pay to the claimant an amount that is, as determined by the Special Master, equal to the
difference between—
     "(I) the amount the claimant would have been paid under this title if sufficient funding was available to the Special Master at the time the
Special Master determined the amount due the claimant under this title; and
     "(II) the amount the claimant was paid under this title.
"(ii) Definitions.—For purposes of this subparagraph:
     "(I) Insufficient funding.—The term 'insufficient funding' means funding—
"(aa) that is available to the Special Master under section 410(c) on the day before the date of enactment of the Never Forget
the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund
Act for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii); and

"(bb) that the Special Master determines is insufficient for purposes of compensating all such claims and complying with
subparagraph (A).
     "(II) Sufficient funding.—The term 'sufficient funding' means funding—
"(aa) made available to the Special Master for purposes of compensating claims in Group B as described in section 405(a)(3)
(C)(iii) through an Act of Congress that is enacted after the date on which the amount of the claim described in clause (i) has been
reduced; and
"(bb) that the Special Master determines is sufficient for purposes of compensating all claims in such Group B.
"(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, such sums as may be necessary
for fiscal year 2019 and each fiscal year thereafter through fiscal year 2092, 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.—On October 1, 2092, or at such time thereafter as all funds are expended, 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.]

Independent Study of FAA Costs and Allocations
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."

Operations of Air Taxi Industry
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."

Findings
Pub. L. 104–264, title II, §271, Oct. 9, 1996, 110 Stat. 3238, provided that: "Congress finds the following:

"(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety.
"(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts.
"(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than
193 maintenance schools.
"(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a
pilot.
"(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the
qualifications of pilots and nonpilots.

"(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the
United States are also reviewed by the Administration.
"(7) The Administration each year performs more than 355,000 inspections.
"(8) The Administration issues more than 655,000 pilot's licenses and more than 560,000 nonpilot's licenses (including mechanics).
"(9) The Administration's certification means that the product meets world-wide recognized standards of safety and reliability.
"(10) The Administration's certification means aviation-related equipment and services meet world-wide recognized standards.
"(11) The Administration's certification is recognized by governments and businesses throughout the world and as such may be a
valuable element for any company desiring to sell aviation-related products throughout the world.
"(12) The Administration's certification may constitute a valuable license, franchise, privilege or benefits for the holders.
"(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system.
The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those
products around the world, and as such confers a benefit on the manufacturer.
"(14) The Administration provides extensive services to public use aircraft."

Purposes
Pub. L. 104–264, title II, §272, Oct. 9, 1996, 110 Stat. 3239, provided that: "The purposes of this subtitle [subtitle C (§§271–278) of title II of Pub.
L. 104–264, enacting sections 45301, 45303, 48111, and 48201 of this title, amending section 41742 of this title, renumbering section 45303 of this title as
section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and section 41742 of this title]

are—

"(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future
growth in the national aviation and airport system;
"(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve
air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services
provided by the Administration;
"(3) to ensure that any funding will be dedicated solely for the use of the Administration;
"(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national
aviation system and the services provided by the Administration;
"(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives;
"(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the
Administration and the aviation system; and
"(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry."

Independent Assessment of FAA Financial Requirements; Establishment of National Civil Aviation
Review Commission
Pub. L. 104–264, title II, §274, Oct. 9, 1996, 110 Stat. 3240, as amended by Pub. L. 106–181, title III, §307(c)(3), Apr. 5, 2000, 114 Stat. 126,
provided that:
"(a) Independent Assessment.—
"(1) Initiation.—Not later than 30 days after the date of the enactment of this Act [Oct. 9, 1996], the Administrator [of the Federal
Aviation Administration] shall contract with an entity independent of the Administration [Federal Aviation Administration] and the Department
of Transportation to conduct a complete independent assessment of the financial requirements of the Administration through the year 2002.
"(2) Assessment criteria.—The Administrator shall provide to the independent entity estimates of the financial requirements of the
Administration for the period described in paragraph (1), using as a base the fiscal year 1997 appropriation levels established by Congress.
The independent assessment shall be based on an objective analysis of agency funding needs.
"(3) Certain factors to be taken into account.—The independent assessment shall take into account all relevant factors, including—
"(A) anticipated air traffic forecasts;

"(B) other workload measures;
"(C) estimated productivity gains, if any, which contribute to budgetary requirements;
"(D) the need for programs; and
"(E) the need to provide for continued improvements in all facets of aviation safety, along with operational improvements in air
traffic control.
"(4) Cost allocation.—The independent assessment shall also assess the costs to the Administration occasioned by the provision of
services to each segment of the aviation system.
"(5) Deadline.—The independent assessment shall be completed no later than 90 days after the contract is awarded, and shall be
submitted to the Commission established under subsection (b), the Secretary [of Transportation], the Secretary of the Treasury, the
Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation
and Infrastructure and the Committee on Ways and Means of the House of Representatives.
"(b) National Civil Aviation Review Commission.—
"(1) Establishment.—There is established a commission to be known as the National Civil Aviation Review Commission (hereinafter in
this section referred to as the 'Commission').
"(2) Membership.—The Commission shall consist of 21 members to be appointed as follows:
"(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the Treasury, from among individuals who
have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues important to general
aviation, major air carriers, air cargo carriers, regional air carriers, business aviation, airports, aircraft manufacturers, the financial
community, aviation industry workers, and airline passengers. At least one member appointed under this subparagraph shall have
detailed knowledge of the congressional budgetary process.
"(B) Two members appointed by the Speaker of the House of Representatives.
"(C) Two members appointed by the minority leader of the House of Representatives.
"(D) Two members appointed by the majority leader of the Senate.
"(E) Two members appointed by the minority leader of the Senate.
"(3) Task forces.—The Commission shall establish an aviation funding task force and an aviation safety task force to carry out the
responsibilities of the Commission under this subsection.
"(4) First meeting.—The Commission may conduct its first meeting as soon as a majority of the members of the Commission are
appointed.
"(5) Hearings and consultation.—
"(A) Hearings.—The Commission shall take such testimony and solicit and receive such comments from the public and other
interested parties as it considers appropriate, shall conduct 2 public hearings after affording adequate notice to the public thereof, and
may conduct such additional hearings as may be necessary.
"(B) Consultation.—The Commission shall consult on a regular and frequent basis with the Secretary, the Secretary of the
Treasury, the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee
on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives.
"(C) FACA not to apply.—The Commission shall not be considered an advisory committee for purposes of the Federal Advisory
Committee Act (5 U.S.C. App.).
"(6) Duties of aviation funding task force.—
"(A) Report to secretary.—
"(i) In general.—The aviation funding task force established pursuant to paragraph (3) shall submit a report setting forth a
comprehensive analysis of the Administration's budgetary requirements through fiscal year 2002, based upon the independent
assessment under subsection (a), that analyzes alternative financing and funding means for meeting the needs of the aviation system
through the year 2002. The task force shall submit a preliminary report of that analysis to the Secretary not later than 6 months after the
independent assessment is completed under subsection (a). The Secretary shall provide comments on the preliminary report to the
task force within 30 days after receiving the report. The task force shall issue a final report of such comprehensive analysis within 30
days after receiving the Secretary's comments on its preliminary report.

"(ii) Contents.—The report submitted by the aviation funding task force under clause (i)—
     "(I) shall consider the independent assessment under subsection (a);
     "(II) shall consider estimated cost savings, if any, resulting from the procurement and personnel reforms included in this Act [see Tables for
classification] or in sections 40110(d) and 40122(g) of title 49, United States Code, and additional financial initiatives;
     "(III) shall include specific recommendations to Congress on how the Administration can reduce costs, raise additional revenue for the
support of agency operations, and accelerate modernization efforts; and
     "(IV) shall include a draft bill containing the changes in law necessary to implement its recommendations.
"(B) Recommendations.—The aviation funding task force shall make such recommendations under subparagraph (A)(ii)(III) as the
task force deems appropriate. Those recommendations may include—
"(i) proposals for off-budget treatment of the Airport and Airway Trust Fund;
"(ii) alternative financing and funding proposals, including linked financing proposals;
"(iii) modifications to existing levels of Airport and Airways Trust Fund receipts and taxes for each type of tax;
"(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under subparagraph (F) and methods
to ensure that costs are borne by users on a fair and equitable basis;
"(v) methods to ensure that funds collected from the aviation community are able to meet the needs of the agency;
"(vi) methods to ensure that funds collected from the aviation community and passengers are used to support the aviation
system;
"(vii) means of meeting the airport infrastructure needs for large, medium, and small airports; and
"(viii) any other matter the task force deems appropriate to address the funding and needs of the Administration and the
aviation system.
"(C) Additional recommendations.—The aviation funding task force report may also make recommendations concerning—
"(i) means of improving productivity by expanding and accelerating the use of automation and other technology;
"(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs;
"(iii) methods to accelerate air traffic control modernization and improvements in aviation safety and safety services;
"(iv) the elimination of unneeded programs; and
"(v) a limited innovative program based on funding mechanisms such as loan guarantees, financial partnerships with for-profit
private sector entities, government-sponsored enterprises, and revolving loan funds, as a means of funding specific facilities and
equipment projects, and to provide limited additional funding alternatives for airport capacity development.
"(D) Impact assessment for recommendations.—For each recommendation contained in the aviation funding task force's report, the
report shall include a full analysis and assessment of the impact implementation of the recommendation would have on—
"(i) safety;
"(ii) administrative costs;
"(iii) the congressional budget process;
"(iv) the economics of the industry (including the proportionate share of all users);
"(v) the ability of the Administration to utilize the sums collected; and
"(vi) the funding needs of the Administration.
"(E) Trust fund tax recommendations.—If the task force's report includes a recommendation that the existing Airport and Airways
Trust Fund tax structure be modified, the report shall—
"(i) state the specific rates for each group affected by the proposed modifications;
"(ii) consider the impact such modifications shall have on specific users and the public (including passengers); and
"(iii) state the basis for the recommendations.
"(F) Fee system recommendations.—If the task force's report includes a recommendation that a fee system be established, including
an air traffic control performance-based user fee system, the report shall consider—
"(i) the impact such a recommendation would have on passengers, air fares (including low-fare, high frequency service),
service, and competition;

"(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system
through contributions to the Airport and Airways Trust Fund;
"(iii) continuing the promotion of fair and competitive practices;
"(iv) the unique circumstances associated with interisland air carrier service in Hawaii and rural air service in Alaska;
"(v) the impact such a recommendation would have on service to small communities;
"(vi) the impact such a recommendation would have on services provided by regional air carriers;
"(vii) alternative methodologies for calculating fees so as to achieve a fair and reasonable distribution of costs of service
among users;
"(viii) the usefulness of phased-in approaches to implementing such a financing system;
"(ix) means of assuring the provision of general fund contributions, as appropriate, toward the support of the Administration;
and
"(x) the provision of incentives to encourage greater efficiency in the provision of air traffic services by the Administration and
greater efficiency in the use of air traffic services by aircraft operators.
"(7) Duties of aviation safety task force.—
"(A) Report to administrator.—Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the aviation safety
task force established pursuant to paragraph (3) shall submit to the Administrator a report setting forth a comprehensive analysis of
aviation safety in the United States and emerging trends in the safety of particular sectors of the aviation industry.
"(B) Contents.—The report to be submitted under subparagraph (A) shall include an assessment of—
"(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors;
"(ii) the Administration's processes for ensuring the public safety from fraudulent parts in civil aviation and the extent to which
use of suspected unapproved parts requires additional oversight or enforcement action; and
"(iii) the ability of the Administration to anticipate changes in the aviation industry and to develop policies and actions to ensure
the highest level of aviation safety in the 21st century.
"(8) Access to documents and staff.—The Administration may give the Commission appropriate access to relevant documents and
personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other
proprietary information under section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'), cost data
associated with the acquisition and operation of air traffic service systems. Any member of the Commission who receives commercial or
other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, United States Code, pertaining to
unauthorized disclosure of such information.
"(9) Travel and per diem.—Each member of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence
expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code.
"(10) Detail of personnel from the administration.—The Administrator shall make available to the Commission such staff, information,
and administrative services and assistance as may reasonably be required to enable the Commission to carry out its responsibilities under
this subsection.
"(11) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out the
provisions of this subsection.
"(c) Reports to Congress.—
"(1) Report by the secretary based on final report of aviation funding task force.—
"(A) Consideration of task force's preliminary report.—Not later than 30 days after receiving the preliminary report of the aviation
funding task force, the Secretary, in consultation with the Secretary of the Treasury, shall furnish comments on the report to the task force.
"(B) Report to congress.—Not later than 30 days after receiving the final report of the aviation funding task force, and in no event
more than 1 year after the date of the enactment of this Act, the Secretary, after consulting the Secretary of the Treasury, shall transmit a
report to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives. Such report shall be based
upon the final report of the task force and shall contain the Secretary's recommendations for funding the needs of the aviation system
through the year 2002.

"(C) Contents.—The Secretary shall include in the report to Congress under subparagraph (B)—
"(i) a copy of the final report of the task force; and
"(ii) a draft bill containing the changes in law necessary to implement the Secretary's recommendations.
"(D) Publication.—The Secretary shall cause a copy of the report to be printed in the Federal Register upon its transmittal to
Congress under subparagraph (B).
"(2) Report by the administrator based on final report of aviation safety task force.—Not later than 30 days after receiving the report
of the aviation safety task force, the Administrator shall transmit the report to Congress, together with the Administrator's recommendations
for improving aviation safety in the United States.
"(d) GAO Audit of Cost Allocation.—The Comptroller General shall conduct an assessment of the manner in which costs for air traffic
control services are allocated between the Administration and the Department of Defense. The Comptroller General shall report the results of
the assessment, together with any recommendations the Comptroller General may have for reallocation of costs and for opportunities to
increase the efficiency of air traffic control services provided by the Administration and by the Department of Defense, to the Commission, the
Administrator, the Secretary of Defense, the Committee on Transportation and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after the date of the enactment of this Act.
"(e) GAO Assessment.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall transmit to the
Commission and Congress an independent assessment of airport development needs."

Joint Aviation Research and Development Program
Pub. L. 103–305, title III, §303, Aug. 23, 1994, 108 Stat. 1590, provided that:
"(a) Establishment.—The Administrator [of the Federal Aviation Administration], in consultation with the heads of other appropriate Federal

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

Air Quality in Aircraft Cabins
Pub. L. 108–176, title VIII, §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."

Information on Disinsection of Aircraft
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)."

General Aviation Revitalization Act of 1994
Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, §3(e), Nov. 20, 1997, 111 Stat. 2215, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'General Aviation Revitalization Act of 1994'.
"SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.
"(a) In General.—Except as provided in subsection (b), no civil action for damages for death or injury to persons or damage to property
arising out of an accident involving a general aviation aircraft may be brought against the manufacturer of the aircraft or the manufacturer of
any new component, system, subassembly, or other part of the aircraft, in its capacity as a manufacturer if the accident occurred—
"(1) after the applicable limitation period beginning on—
"(A) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or
"(B) the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or
"(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly,
or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the
applicable limitation period beginning on the date of completion of the replacement or addition.
"(b) Exceptions.—Subsection (a) does not apply—

"(1) if the claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type
certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system,
subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from the
Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of
such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm which the claimant allegedly
suffered;
"(2) if the person for whose injury or death the claim is being made is a passenger for purposes of receiving treatment for a medical or
other emergency;
"(3) if the person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident; or
"(4) to an action brought under a written warranty enforceable under law but for the operation of this Act.
"(c) General Aviation Aircraft Defined.—For the purposes of this Act, the term 'general aviation aircraft' means any aircraft for which a type
certificate or an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration, which, at the time such
certificate was originally issued, had a maximum seating capacity of fewer than 20 passengers, and which was not, at the time of the accident,
engaged in scheduled passenger-carrying operations as defined under regulations in effect under part A of subtitle VII of title 49, United States
Code, at the time of the accident.
"(d) Relationship to Other Laws.—This section supersedes any State law to the extent that such law permits a civil action described in
subsection (a) to be brought after the applicable limitation period for such civil action established by subsection (a).
"SEC. 3. OTHER DEFINITIONS.
"For purposes of this Act—
"(1) the term 'aircraft' has the meaning given such term in section 40102(a)(6) of title 49, United States Code;
"(2) the term 'airworthiness certificate' means an airworthiness certificate issued under section 44704(c)(1) of title 49, United States Code, or
under any predecessor Federal statute;
"(3) the term 'limitation period' means 18 years with respect to general aviation aircraft and the components, systems, subassemblies,
and other parts of such aircraft; and
"(4) the term 'type certificate' means a type certificate issued under section 44704(a) of title 49, United States Code, or under any
predecessor Federal statute.
"SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
"(a) Effective Date.—Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act [Aug. 17, 1994].
"(b) Application of Act.—This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act."

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

Definitions of Terms in Title I of Div. V of Pub. L. 116–260
Pub. L. 116–260, div. V, title I, §137, Dec. 27, 2020, 134 Stat. 2360, provided that: "In this title [see Tables for classification]:
"(1) Administration; faa.—The terms 'Administration' and 'FAA' mean the Federal Aviation Administration.
"(2) Administrator.—The term 'Administrator' means the Administrator of the FAA.
"(3) Congressional committees of jurisdiction.—The term 'congressional committees of jurisdiction' means the Committee on

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the
Senate.

"(4) ICAO.—The term 'ICAO' means the International Civil Aviation Organization.
"(5) Organization designation authorization.—The term 'organization designation authorization' has the same meaning given such term
in section 44736(c) of title 49, United States Code.
"(6) Transport airplane.—The term 'transport airplane' means a transport category airplane designed for operation by an air carrier or
foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.
"(7) Type certificate.—The term 'type certificate'—
"(A) means a type certificate issued pursuant to section 44704(a) of title 49, United States Code, or an amendment to such certificate;
and
"(B) does not include a supplemental type certificate issued under section 44704(b) of such section."

Definitions of Terms in Pub. L. 115–254
Pub. L. 115–254, div. B, §101, Oct. 5, 2018, 132 Stat. 3199, provided that: "In this division [see Tables for classification], the term 'appropriate
committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives."
Pub. L. 115–254, div. B, title IV, §401, Oct. 5, 2018, 132 Stat. 3328, provided that: "In this title [see Tables for classification]:
"(1) 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 widearea 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."

Definition of Term in Pub. L. 114–190
Pub. L. 114–190, §2, July 15, 2016, 130 Stat. 617, provided that: "In this Act [see Tables for classification], unless expressly provided otherwise,
the term 'appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives."

Definitions of Terms in Title II of Pub. L. 112–95
Pub. L. 112–95, title IX, §902, Feb. 14, 2012, 126 Stat. 138, provided that: "In this title [amending sections 44504, 44505, 44511, 44513, and 48102 of
this title, enacting provisions set out as notes under this section and sections 44501, 44504, 44505, and 44513 of this title, and amending provisions
set out as notes under section 44504 of this title], the following definitions apply:

"(1) 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."

Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 127 and 145 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note
under section 40102 of this title.
Executive Documents

Ex. Ord. No. 13479. Transformation of the National Air Transportation System
Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
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.      

§40102. Definitions
(a) General Definitions.—In this part—
(1) "aeronautics" means the science and art of flight.
(2) "air carrier" means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) "air commerce" means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a
Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
(4) "air navigation facility" means a facility used, available for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) runway lighting and airport surface visual and other navigation aids;
(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;
(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;
(E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and

(F) buildings, equipment, and systems dedicated to the national airspace system.
(5) "air transportation" means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
(6) "aircraft" means any contrivance invented, used, or designed to navigate, or fly in, the air.
(7) "aircraft engine" means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine,
except a propeller.
(8) "airman" means an individual—
(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;
(B) except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for individuals employed outside the United States,
who is directly in charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or
(C) who serves as an aircraft dispatcher or air traffic control-tower operator.
(9) "airport" means a landing area used regularly by aircraft for receiving or discharging passengers or cargo.
(10) "all-cargo air transportation" means the transportation by aircraft in interstate air transportation of only property or only mail, or both.
(11) "appliance" means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being used, or intended to be
used, in operating or controlling aircraft in flight, including a parachute, communication equipment, and another mechanism installed in or attached to aircraft
during flight, and not a part of an aircraft, aircraft engine, or propeller.
(12) "cargo" means property, mail, or both.
(13) "charter air carrier" means an air carrier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation.
(14) "charter air transportation" means charter trips in air transportation authorized under this part.
(15) "citizen of the United States" means—
(A) an individual who is a citizen of the United States;
(B) a partnership each of whose partners is an individual who is a citizen of the United States; or
(C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the
United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is
under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are
citizens of the United States.
(16) "civil aircraft" means an aircraft except a public aircraft.
(17) "civil aircraft of the United States" means an aircraft registered under chapter 441 of this title.
(18) "conditional sales contract" means a contract—
(A) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part, under which the buyer takes possession of the property but title to the
property vests in the buyer at a later time on—
(i) paying any part of the purchase price;
(ii) performing another condition; or
(iii) the happening of a contingency; or
(B) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or lessee—
(i) agrees to pay an amount substantially equal to the value of the property; and
(ii) is to become, or has the option of becoming, the owner of the property on complying with the contract.
(19) "conveyance" means an instrument, including a conditional sales contract, affecting title to, or an interest in, property.
(20) "Federal airway" means a part of the navigable airspace that the Administrator designates as a Federal airway.
(21) "foreign air carrier" means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air
transportation.
(22) "foreign air commerce" means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the
operation of aircraft in furthering a business or vocation, between a place in the United States and a place outside the United States when any part of the
transportation or operation is by aircraft.

(23) "foreign air transportation" means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation
of mail by aircraft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft.
(24) "interstate air commerce" means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the
operation of aircraft in furthering a business or vocation—
(A) between a place in—
(i) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United
States;
(ii) a State and another place in the same State through the airspace over a place outside the State;
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the United States and another place in the same territory or possession; and
(B) when any part of the transportation or operation is by aircraft.
(25) "interstate air transportation" means the transportation of passengers or property by aircraft as a common carrier for compensation, or the
transportation of mail by aircraft—
(A) between a place in—
(i) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United
States;
(ii) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii;
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the United States and another place in the same territory or possession; and
(B) when any part of the transportation is by aircraft.
(26) "intrastate air carrier" means a citizen of the United States undertaking by any means to provide only intrastate air transportation.
(27) "intrastate air transportation" means the transportation by a common carrier of passengers or property for compensation, entirely in the same State, by
turbojet-powered aircraft capable of carrying at least 30 passengers.
(28) "landing area" means a place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and
landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo.
(29) "large hub airport" means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings.
(30) "mail" means United States mail and foreign transit mail.
(31) "medium hub airport" means a commercial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the
passenger boardings.
(32) "navigable airspace" means airspace above the minimum altitudes of flight prescribed by regulations under this subpart and subpart III of this part,
including airspace needed to ensure safety in the takeoff and landing of aircraft.
(33) "navigate aircraft" and "navigation of aircraft" include piloting aircraft.
(34) "nonhub airport" means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings.
(35) "operate aircraft" and "operation of aircraft" mean using aircraft for the purposes of air navigation, including—
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft.
(36) "passenger boardings"—
(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in
air commerce, as the Secretary determines under regulations the Secretary prescribes; and
(B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a
nontraffic purpose.

(37) "person", in addition to its meaning under section 1 of title 1, includes a governmental authority and a trustee, receiver, assignee, and other similar
representative.
(38) "predatory" means a practice that violates the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).
(39) "price" means a rate, fare, or charge.
(40) "propeller" includes a part, appurtenance, and accessory of a propeller.
(41) "public aircraft" means any of the following:
(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section
40125(b).
(B) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration,
except as provided in section 40125(b).
(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political
subdivision of one of these governments, except as provided in section 40125(b).
(D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the
United States or a political subdivision of one of these governments, except as provided in section 40125(b).
(E) An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces under the
conditions specified by section 40125(c). In the preceding sentence, the term "other commercial air service" means an aircraft operation that (i) is within the
United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public,
and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.
(F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined
in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b).
(42) "small hub airport" means a commercial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the
passenger boardings.
(43) "spare part" means an accessory, appurtenance, or part of an aircraft (except an aircraft engine or propeller), aircraft engine (except a propeller),
propeller, or appliance, that is to be installed at a later time in an aircraft, aircraft engine, propeller, or appliance.
(44) "State authority" means an authority of a State designated under State law—
(A) to receive notice required to be given a State authority under subpart II of this part; or
(B) as the representative of the State before the Secretary of Transportation in any matter about which the Secretary is required to consult with or
consider the views of a State authority under subpart II of this part.
(45) "ticket agent" means a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier) that as a principal or
agent sells, offers for sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.
(46) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States, including the
territorial sea and the overlying airspace.
(47) "air traffic control system" means the combination of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United
States and United States-assigned airspace, including—
(A) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems
employed to detect, track, and guide aircraft movement;
(B) laws, regulations, orders, directives, agreements, and licenses;
(C) published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation; and
(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic
control.
(b) Limited Definition.—In subpart II of this part, "control" means control by any means.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1097; Pub. L. 103–305, title VI, §601(b)(2)(B), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–411, §3(a), Oct. 25,
1994, 108 Stat. 4236; Pub. L. 103–429, §6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 105–137, §6, Dec. 2, 1997, 111 Stat. 2641; Pub. L. 106–181, title III,
§301, title VII, §702(a), Apr. 5, 2000, 114 Stat. 115, 155; Pub. L. 108–176, title II, §225(a), title VIII, §807, Dec. 12, 2003, 117 Stat. 2528, 2588; Pub. L. 110–181,

div. A, title X, §1078(a), Jan. 28, 2008, 122 Stat. 334; Pub. L. 112–95, title II, §205, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. B, title III, §355(a), Oct. 5,
2018, 132 Stat. 3305.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40102(a)(1)

49 App.:1301(2).

40102(a)(2)
40102(a)(3)

49 App.:1301(3) (less proviso).
49 App.:1301(4).

40102(a)(4)
40102(a)(5)
40102(a)(6), (7)
40102(a)(8)

49 App.:1301(8).
49 App.:1301(10).
49 App.:1301(5), (6).
49 App.:1301(7).
49 App.:1655(c)(1).

40102(a)(9)
40102(a)(10)

49 App.:1301(9).
49 App.:1301(11).

40102(a)(11)

49 App.:1301(12).

40102(a)(12)
40102(a)(13)

(no source).
49 App.:1301(14) (less certificate).

40102(a)(14)

49 App.:1301(15).
49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§101(2), (3)
(less proviso), (5)–(10), 413, 72 Stat. 737,
770.
Aug. 23, 1958, Pub. L. 85–726, §101(4), 72
Stat. 737; Sept. 5, 1961, Pub. L. 87–197,
§3, 75 Stat. 467.

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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§101(11); added Nov. 9, 1977, Pub. L. 95–
163, §17(b)(2), 91 Stat. 1286; restated Oct.
4, 1984, Pub. L. 98–443, §9(a)(1), 98 Stat.
1706.
Aug. 23, 1958, Pub. L. 85–726, §101(12),
(16)–(34), (37), (40), (41), 72 Stat. 737,
739; July 10, 1962, Pub. L. 87–528, §1, 76
Stat. 143; Sept. 26, 1968, Pub. L. 90–514,
§1, 82 Stat. 867; Oct. 14, 1970, Pub. L.
91–449, §1(2), 84 Stat. 921; Aug. 5, 1974,
Pub. L. 93–366, §206, 88 Stat. 419; Nov. 9,
1977, Pub. L. 95–163, §17(b)(1), 91 Stat.
1286; Oct. 24, 1978, Pub. L. 95–504, §2(a)
(4), (b), 92 Stat. 1705.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§101(14) (less certificate), (15); added Oct.
24, 1978, Pub. L. 95–504, §2(a)(1), 92
Stat. 1705.
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.

40102(a) (15)–(18)
40102(a)(19)
40102(a)(20)

40102(a)(21)
40102(a)(22)
40102(a)(23)
40102(a)(24)
40102(a)(25)

40102(a) (26)–(32)
40102(a)(33)
40102(a)(34)
40102(a)(35)
40102(a)(36)
40102(a)(37)

40102(a)(38)
40102(a)(39)
40102(a)(40)
40102(a)(41)
40102(b)

49 App.:1301(16)–(19).
49 App.:1301(20).
49 App.:1301(21).
49 App.:1655(c)(1).
49 App.:1301(22).
49 App.:1301(23) (related to foreign
air commerce).
49 App.:1301(24) (related to foreign
air transportation).
49 App.:1301(23) (related to
interstate and overseas air
commerce).
49 App.:1301(24) (related to
interstate and overseas air
transportation).
49 App.:1305(b)(2), (d) (related to (b) Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
(2)).
§105(b)(2), (d) (related to (b)(2)); added
Oct. 24, 1978, Pub. L. 95–504, §4(a), 92
Stat. 1708.
49 App.:1301(25)–(31).
49 App.:1301(32).
49 App.:1301(35).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§101(35), (39); added Oct. 24, 1978, Pub.
L. 95–504, §2(a)(2), (3), (b), 92 Stat. 1705.
(no source).
49 App.:1301(33), (34).
49 App.:1301(36).
Aug. 23, 1958, Pub. L. 85–726, §101(36), 72
Stat. 739; Aug. 5, 1974, Pub. L. 93–366,
§206, 88 Stat. 419; Nov. 9, 1977, Pub. L.
95–163, §17(b)(1), 91 Stat. 1286; Oct. 24,
1978, Pub. L. 95–504, §2, 92 Stat. 1705;
Dec. 30, 1987, Pub. L. 100–223, §207, 101
Stat. 1523.
49 App.:1301(37).
49 App.:1301(39).
49 App.:1301(40).
49 App.:1301(41).
49 App.:1383.

In subsection (a)(2), the words "by any means" are substituted for "whether . . . or by a lease or any other arrangement" to eliminate
unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (a)(3), the words "or navigation" are omitted as being included in the definition of "operation of aircraft" in this subsection.
In subsection (a)(4)(D), the words "having a similar purpose" are omitted as surplus.
In subsection (a)(6), the words "now known or hereafter" are omitted as surplus.
In subsection (a)(7), the words "of the engine" are substituted for "thereof" for clarity.
In subsection (a)(8)(A), the words "as the person" are omitted as surplus.

In subsection (a)(10), the word "transportation" is substituted for "carriage" for consistency in the revised title.
In subsection (a)(11), the words "of whatever description" are omitted as surplus. The word "navigation" is omitted as being included in the
definition of "operate aircraft" in this subsection. The words "or mechanisms" are omitted because of 1:1.
Subsection (a)(12) is added for clarity to distinguish between cargo (which includes mail) and property (which does not include mail).
In subsection (a)(13), the word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (a)(14), the words "including inclusive tour charter trips" are omitted as obsolete. The words "authorized under this part" are
substituted for "rendered pursuant to authority conferred under this chapter under regulations prescribed by the Board" to eliminate
unnecessary words.
In subsection (a)(15)(A), the words "or of one of its possessions" are omitted as being included in the definition of "United States" in this
subsection.
In subsection (a)(15)(C), the words "created or" are omitted as being included in "organized".
In subsection (a)(17), the words "chapter 441 of this title" are substituted for "this chapter" for clarity because aircraft are registered only
under chapter 441.
In subsection (a)(18), the text of 49 App.:1301(19) (last sentence) is omitted as surplus.
In subsection (a)(18)(A), before subclause (i), the words "title to" are added for clarity and consistency in this section.
In subsection (a)(18)(B)(i), the words "as compensation" are omitted as surplus.
In subsection (a)(18)(B)(ii), the words "it is agreed that", "bound", "full", and "the terms of" are omitted as surplus.
In subsection (a)(19), the words "bill of sale . . . mortgage, assignment of mortgage, or other" are omitted as being included in "instrument".
In subsection (a)(20), the words "of the United States" are omitted for consistency in the revised title and because of the definition of
"navigable airspace" in this subsection.
In subsection (a)(21), the words "by any means" are substituted for "whether . . . or by lease or any other arrangement" to eliminate
unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (a)(22)–(25) and (27), the words "transportation" and "passengers" are substituted for "carriage" and "persons", respectively,
for consistency in the revised title. The word "compensation" is substituted for, and is coextensive with, "compensation or hire".
In subsection (a)(22) and (24), the words "or navigation" are omitted as being included in the definition of "operation of aircraft" in this
subsection. The words "the conduct or" and "in commerce" are omitted as surplus. The words "when any part of the transportation or operation
is by aircraft" are substituted for 49 App.:1301(23) (words after last semicolon) to eliminate unnecessary words.
In subsection (a)(23) and (25), the words "in commerce" are omitted as surplus. The words "when any part of the transportation is by
aircraft" are substituted for 49 App.:1301(24) (words after last semicolon) to eliminate unnecessary words.
In subsection (a)(24), (25), and (27), the words "of the United States" are omitted as surplus.
In subsection (a)(24)(A)(i) and (25)(A)(i), the words "or the District of Columbia" the first time they appear are omitted as surplus.
In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a) (words between semicolons) is omitted because 49 App.:1305(b)(2) removes the
subject matter of the text from the definition. See H. Rept. No. 95–1211, 95th Cong., 2d Sess., p.16 (1978).
In subsection (a)(26), the words "by any means" are substituted for "whether . . . or by a lease or any other arrangement" to eliminate
unnecessary words. The word "provide" is substituted for "engage" for consistency in the revised title.
In subsection (a)(28), the word "place" is substituted for "locality" for consistency in the revised title.
In subsection (a)(32)(B), the words "(in the capacity of owner, lessee, or otherwise)" are omitted as surplus.
In subsection (a)(33), the words "in addition to its meaning under section 1 of title 1" are substituted for "any individual, firm, copartnership,
corporation, company, association, joint stock association" for clarity because 1:1 is applicable to all laws unless otherwise provided. The
words "governmental authority" are substituted for "body politic" for consistency in the revised title and with other titles of the United States
Code.
Subsection (a)(35) is added to eliminate repetition of the words "rates, fares, or charges" throughout this part.
In subsection (a)(36), the text of 49 App.:1301(34) (1st sentence) is omitted as obsolete. Reference to the Canal Zone is omitted because of
the Panama Canal Treaty of 1977. The text of 49 App.:1301(34) (last sentence) is omitted because of 48:734.
Subsection (a)(37)(A)(i) is substituted for "used exclusively in the service of any government" and "For purposes of this paragraph, 'used
exclusively in the service of' means, for other than the Federal Government" for clarity and to eliminate unnecessary words.

Subsection (a)(37)(A)(ii) is substituted for "used exclusively in the service of any government or of any political subdivision thereof, including
the government of any State, Territory, or possession of the United States, or the District of Columbia" and "For purposes of this paragraph,
'used exclusively in the service of' means, for other than the Federal Government, an aircraft which is owned and operated by a governmental
entity for other than commercial purposes or which is exclusively leased by such governmental entity for not less than 90 continuous days" for
clarity and to eliminate unnecessary words.
In subsection (a)(37)(B), the words "transporting passengers or property" are substituted for "engaged in carrying persons or property" for
consistency in the revised title.
In subsection (a)(38), the words "that is to be installed at a later time" are substituted for "maintained for installation or use . . . but which at
the time are not installed therein or attached thereto" to eliminate unnecessary words.
In subsection (a)(39), the word "authority" is substituted for "agency" and "entity" for consistency in the revised title. Before subclause (A),
the words "department, agency, officer, or other" are omitted as being included in "authority".
In subsection (a)(40), the words "bona fide" and "by solicitation, advertisement, or otherwise" are omitted as surplus. The words "furnishes,
contracts" are omitted as being included in "providing, or arranging".
In subsection (a)(41), the words "States of the United States" are substituted for "several States", and the word "sea" is substituted for
"waters", for consistency in the revised title and with other titles of the Code.
Subsection (b) is substituted for 49 App.:1383 to eliminate unnecessary words.
Pub. L. 103–429

This makes a conforming amendment for consistency with the style of title 49.
Editorial Notes

Amendments
2018—Subsec. (a)(41)(F). Pub. L. 115–254 added subpar. (F).
2012—Subsec. (a)(4). Pub. L. 112–95 added subpars. (B) to (D), redesignated former subpar. (D) as (E) and substituted "any structure,

equipment," for "another structure" and "; and" for period at end, added subpar. (F), and struck out former subpars. (B) and (C) which read as
follows:
"(B) a light;
"(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic
communication; and".
2008—Subsec. (a)(41)(E). Pub. L. 110–181 inserted "or other commercial air service" after "transportation" and inserted at end "In the
preceding sentence, the term 'other commercial air service' means an aircraft operation that (i) is within the United States territorial airspace;
(ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply
with all applicable civil aircraft rules under title 14, Code of Federal Regulations."
2003—Subsec. (a)(15)(C). Pub. L. 108–176, §807, inserted "which is under the actual control of citizens of the United States," before "and in
which".
Subsec. (a)(29) to (47). Pub. L. 108–176, §225(a), added pars. (29), (31), (34), (36), and (42) and redesignated former pars. (29), (30), (31),
(32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47),
respectively.
2000—Subsec. (a)(37). Pub. L. 106–181, §702(a), amended par. (37) generally, revising and restating provisions defining "public aircraft" to
include references to qualifications found in section 40125(b) and (c).
Subsec. (a)(42). Pub. L. 106–181, §301, added par. (42).
1997—Subsec. (a)(37)(A). Pub. L. 105–137 struck out "or" at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).
1994—Subsec. (a)(30). Pub. L. 103–429 substituted "this subpart and subpart III" for "subparts I and III".
Subsec. (a)(35). Pub. L. 103–305 struck out "for air transportation" after "charge".

Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B) and struck out former subpar. (B) which read as follows: "does not include a
government-owned aircraft transporting passengers or property for commercial purposes."
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Definitions of Terms in Pub. L. 107–71
Pub. L. 107–71, title I, §133, Nov. 19, 2001, 115 Stat. 636, provided that: "Except as otherwise explicitly provided, any term used in this title
[see Tables for classification] that is defined in section 40102 of title 49, United States Code, has the meaning given that term in that section."

Definitions Applicable to Pub. L. 106–181
Pub. L. 106–181, §4, Apr. 5, 2000, 114 Stat. 64, provided that: "Except as otherwise provided in this Act [see Tables for classification], the
following definitions apply:
"(1) Administrator.—The term 'Administrator' means the Administrator of the Federal Aviation Administration.
"(2) Secretary.—The term 'Secretary' means the Secretary of Transportation."

Definitions Applicable to Pub. L. 103–305
Pub. L. 103–305, §2, Aug. 23, 1994, 108 Stat. 1570, provided that: "In this Act [see Short Title of 1994 Amendment note set out under section
40101 of this title], the following definitions apply:
"(1) Administrator.—The term 'Administrator' means the Administrator of the Federal Aviation Administration.
"(2) Secretary.—The term 'Secretary' means the Secretary of Transportation."
Executive Documents

Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

§40103. Sovereignty and use of airspace
(a) Sovereignty and Public Right of Transit.—(1) The United States Government has exclusive sovereignty of airspace of the United States.

(2) A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of Transportation shall consult
with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) before
prescribing a regulation or issuing an order or procedure that will have a significant impact on the accessibility of commercial airports or commercial air
transportation for handicapped individuals.
(b) Use of Airspace.—(1) The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and
assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. The Administrator may modify or
revoke an assignment when required in the public interest.
(2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for—
(A) navigating, protecting, and identifying aircraft;
(B) protecting individuals and property on the ground;
(C) using the navigable airspace efficiently; and
(D) preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.
(3) To establish security provisions that will encourage and allow maximum use of the navigable airspace by civil aircraft consistent with national security, the
Administrator, in consultation with the Secretary of Defense, shall—
(A) establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control with available facilities in those
areas.
(4) Notwithstanding the military exception in section 553(a)(1) of title 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed under this
subsection.
(c) Foreign Aircraft.—A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States as provided in section
41703 of this title.
(d) Aircraft of Armed Forces of Foreign Countries.—Aircraft of the armed forces of a foreign country may be navigated in the United States only when
authorized by the Secretary of State.
(e) No Exclusive Rights at Certain Facilities.—A person does not have an exclusive right to use an air navigation facility on which Government money
has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if—
(1) it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and
(2) allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3,
1982, between the operator and the airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1101.)
Historical and Revision Notes
Revised
Section
40103(a)(1)

49 App.:1508(a) (1st sentence).

40103(a)(2)

49 App.:1304.

49 App.:1551(b)(1)(E).

40103(b)(1)

49 App.:1348(a).
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§307(a), (c),
(d), 308(a) (3d sentence), 1108(a), 1201,
1202, 72 Stat. 749, 750, 751, 798, 800.
Aug. 23, 1958, Pub. L. 85–726, §104, 72
Stat. 740; Oct. 4, 1984, Pub. L. 98–443,
§14, 98 Stat. 1711.
Aug. 28, 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.
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.
40103(b)(2)

40103(b)(3)

40103(b)(4)
40103(c)
40103(d)
40103(e)

49 App.:1348(c).
49 App.:1655(c)(1).
49 App.:1521.
49 App.:1522.
49 App.:1655(c)(1).
49 App.:1348(d).
(no source).
49 App.:1508(a) (last sentence).
49 App.:1349(a) (3d sentence).
49 App.:1349(a) (last sentence).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§308(a) (last sentence); added Sept. 3,
1982, Pub. L. 97–248, §524(a)(1), 96 Stat.
695.

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

Regulations
Pub. L. 85–726, title VI, §613(a), (b), as added by Pub. L.101–508, title IX, §9124, Nov. 5, 1990, 104 Stat. 1388–370, provided that:
"(a) National Disaster Areas.—Before the 180th day following the date of the enactment of this section [Nov. 5, 1990], the Administrator, for

safety and humanitarian reasons, shall issue such regulations as may be necessary to prohibit or otherwise restrict aircraft overflights of any
inhabited area which has been declared a national disaster area in the State of Hawaii.

"(b) Exceptions.—Regulations issued pursuant to subsection (a) shall not be applicable in the case of aircraft overflights involving an
emergency or a ligitimate [sic] scientific purpose."

Deployment of Real-Time Status of Special Use Airspace
Pub. L. 116–283, div. A, title X, §1085, Jan. 1, 2021, 134 Stat. 3877, provided that: "Not later than 180 days after the date of the enactment of
this Act [Jan. 1, 2021], to the maximum extent practicable, the Administrator of the Federal Aviation Administration, in coordination with the
Secretary of Defense, shall enable the automated public dissemination of information on the real-time status of the activation or deactivation of
military operations areas and restricted areas in a manner that is similar to the manner that temporary flight restrictions are published and
disseminated."

Air Traffic Control Operational Contingency Plans
Pub. L. 115–254, div. B, title V, §504, Oct. 5, 2018, 132 Stat. 3353, provided that:
"(a) Air Traffic Control Operational Contingency Plans.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the

Administrator [of the Federal Aviation Administration] shall review the Administration's air traffic control operational contingency plans (FAA
Order JO 1900.47E), and, as the Administrator considers appropriate, update such plans, to address potential air traffic facility outages that
could have a major impact on the operation of the national airspace system, including the most recent findings and recommendations in the
report under subsection (c).
"(b) Updates.—Not later than 60 days after the date the air traffic control operational contingency plans are reviewed under subsection (a),
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 review, including any
recommendations for ensuring air traffic facility outages do not have a major impact on the operation of the national airspace system.
"(c) Resiliency Recommendations.—Not later than 180 days after the date of enactment of this Act, and periodically thereafter as the
Administrator considers appropriate, the Administrator shall convene NextGen [Next Generation Air Transportation System] program officials
to evaluate, expedite, and complete a report on how planned NextGen capabilities can enhance the resiliency and continuity of national
airspace system operations and mitigate the impact of future air traffic control disruptions."

Air Shows
Pub. L. 115–254, div. B, title V, §512, Oct. 5, 2018, 132 Stat. 3356, provided that: "On an annual basis, the Administrator [of the Federal Aviation
Administration] shall work with representatives of [Federal Aviation] Administration-approved air shows, the general aviation community, and
stadiums and other large outdoor events and venues to identify and resolve, to the maximum extent practicable, scheduling conflicts between
Administration-approved air shows and large outdoor events and venues where—
"(1) flight restrictions will be imposed pursuant to section 521 of title V of division F of Public Law 108–199 (118 Stat. 343) [set out below];
or
"(2) any other restriction will be imposed pursuant to Federal Aviation Administration Flight Data Center Notice to Airmen 4/3621 (or any
successor notice to airmen)."

Air Traffic Services at Aviation Events
Pub. L. 115–254, div. B, title V, §530, Oct. 5, 2018, 132 Stat. 3365, provided that:
"(a) Requirement to Provide Services and Related Support.—The Administrator [of the Federal Aviation Administration] shall provide air

traffic services and aviation safety support for large, multiday aviation events, including airshows and fly-ins, where the average daily number
of manned operations were 1,000 or greater in at least one of the preceding two years, without the imposition or collection of any fee, tax, or
other charge for that purpose. Amounts for the provision of such services and support shall be derived from amounts appropriated or
otherwise available for the [Federal Aviation] Administration.
"(b) Determination of Services and Support to Be Provided.—In determining the services and support to be provided for an aviation event
for purposes of subsection (a), the Administrator shall take into account the following:

"(1) The services and support required to meet levels of activity at prior events, if any, similar to the event.
"(2) The anticipated need for services and support at the event."

Enhanced Air Traffic Services
Pub. L. 115–254, div. B, title V, §547, Oct. 5, 2018, 132 Stat. 3377, 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 pilot program to provide air traffic control services on a preferential basis to aircraft equipped with certain
NextGen [Next Generation Air Transportation System] avionics that—
"(1) lasts at least 2 years; and
"(2) operates in at least 3 suitable airports.
"(b) Duration of Daily Service.—The air traffic control services provided under the pilot program established under subsection (a) shall occur
for at least 3 consecutive hours between 0600 and 2200 local time during each day of the pilot program.
"(c) Airport Selection.—The Administrator shall designate airports for participation in the pilot program after consultation with aircraft
operators, manufacturers, and airport sponsors.
"(d) Definitions.—
"(1) Certain nextgen avionics.—The term 'certain NextGen avionics' means those avionics and related software designated by the
Administrator after consultations with aircraft operators and manufacturers.
"(2) Preferential basis.—The term 'preferential basis' means—
"(A) prioritizing aircraft equipped with certain NextGen avionics during a Ground Delay Program by assigning them fewer minutes
of delay relative to other aircraft based upon principles established after consultation with aircraft operators and manufacturers; or
"(B) sequencing aircraft equipped with certain NextGen avionics ahead of other aircraft in the Traffic Flow Management System to
the maximum extent consistent with safety.
"(e) Sunset.—The pilot program established under subsection (a) shall terminate on September 30, 2023.
"(f) Report.—Not later than 90 days after the date on which the pilot program terminates, 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 pilot program."

Maintaining Restrictions Under Certain NOTAMs
Pub. L. 108–199, div. F, title V, §521, Jan. 23, 2004, 118 Stat. 343, provided that:
"(a) In General.—The Secretary of Transportation—

"(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation
Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and
"(2) may not grant any waivers or exemptions from such restrictions, except—
"(A) as authorized by air traffic control for operational or safety purposes;
"(B) with respect to an event, stadium, or other venue—
"(i) for operational purposes;
"(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of such
team members and officials to and from such event, stadium, or venue;
"(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;
"(iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue; and
"(v) for safety and security purposes related to such event, stadium, or venue; and
"(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using
standard air traffic control procedures.
"(b) Limitations on Use of Funds.—None of the funds appropriated or otherwise made available by title I of this Act [div. F of Pub. L. 108–199,
see Tables for classification] may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation

Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided
under subsection (a)(2).
"(c) Broadcast Contracts not Affected.—Nothing in this section shall be construed to affect contractual rights pertaining to any
broadcasting agreement."

National Airspace Redesign
Pub. L. 106–181, title VII, §736, Apr. 5, 2000, 114 Stat. 171, provided that:
"(a) Findings.—Congress makes the following findings:

"(1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day.
"(2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, including more than 700
different sectors.
"(3) Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and
capacity of the air traffic control system and reducing delays.
"(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation
industry.
"(b) Redesign.—The Administrator [of the Federal Aviation Administration], with advice from the aviation industry and other interested
parties, shall conduct a comprehensive redesign of the national airspace system.
"(c) Report.—Not later than December 31, 2000, the Administrator shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the
Administrator's comprehensive national airspace redesign. The report shall include projected milestones for completion of the redesign and
shall also include a date for completion.
"(d) Authorization.—There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for each of fiscal years
2000, 2001, and 2002."

§40104. Promotion of civil aeronautics and safety of air commerce
(a) Developing Civil Aeronautics and Safety of Air Commerce.—The Administrator of the Federal Aviation Administration shall encourage the
development of civil aeronautics and safety of air commerce in and outside the United States. In carrying out this subsection, the Administrator shall take action
that the Administrator considers necessary to establish, within available resources, a program to distribute civil aviation information in each region served by the
Administration. The program shall provide, on request, informational material and expertise on civil aviation to State and local school administrators, college and
university officials, and officers of other interested organizations.
(b) International Role of the FAA.—
(1) In general.—The Administrator shall promote and achieve global improvements in the safety, efficiency, and environmental effect of air travel by
exercising leadership with the Administrator's foreign counterparts, in the International Civil Aviation Organization and its subsidiary organizations, and other
international organizations and fora, and with the private sector.
(2) Bilateral and multilateral engagement; technical assistance.—The Administrator shall—
(A) in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an
ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through—
(i) sharing of continued operational safety information;
(ii) prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further
bolstering the components of airmanship;
(iii) encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations
pertaining to flight crew training requirements; and
(iv) prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and

(B) seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by
—
(i) promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis;
(ii) promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities;
(iii) minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem;
(iv) supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety
groups; and
(v) providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation
safety.
(c) Airport Capacity Enhancement Projects at Congested Airports.—In carrying out subsection (a), the Administrator shall take action to encourage
the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47175.
(d) Promotion of United States Aerospace Standards, Products, and Services Abroad.—The Secretary shall take appropriate actions to—
(1) promote United States aerospace-related safety standards abroad;
(2) facilitate and vigorously defend approvals of United States aerospace products and services abroad;
(3) with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States certificated
aeronautical products, services, and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and
(4) with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102; Pub. L. 103–429, §6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104–264, title IV, §401(b)(1), Oct. 9,
1996, 110 Stat. 3255; Pub. L. 108–176, title III, §303, title VIII, §813, Dec. 12, 2003, 117 Stat. 2533, 2590; Pub. L. 115–254, div. B, title II, §241, title V, §539(a),
Oct. 5, 2018, 132 Stat. 3257, 3370; Pub. L. 116–260, div. V, title I, §119(f)(1), (2), Dec. 27, 2020, 134 Stat. 2342.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40104

49 App.:1346.

49 App.:1346a.

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §305, 72
Stat. 749.
July 12, 1976, Pub. L. 94–353, §21, 90 Stat.
884.
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.

The words "and foster" in 49 App.:1346 are omitted as surplus. The words "In carrying out this section" are substituted for "In furtherance of
his mandate to promote civil aviation" in 49 App.:1346a because of the restatement. The word "Administrator" is substituted for "Secretary of
Transportation acting through the Administrator of the Federal Aviation Administration" for consistency with the source provisions restated in
this section. The words "be designed so as to", "various aspects of", and "civil and" are omitted as surplus.
Pub. L. 103–429,

§6(47)(A), (B)

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

Source (U.S. Code)
49 App.:1655(c)(1) (words after last
comma).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1)
(words after last comma), 80 Stat. 938;

Jan. 12, 1983, Pub. L. 97–449, §7(b), 96
Stat. 2444.

Editorial Notes

Amendments
2020—Subsec. (b). Pub. L. 116–260 designated existing provisions as par. (1), inserted heading, and added par. (2).
2018—Subsec. (c). Pub. L. 115–254, §539(a), substituted "section 47175" for "section 47176".
Subsec. (d). Pub. L. 115–254, §241, added subsec. (d).
2003—Subsec. (b). Pub. L. 108–176, §813, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "The

Secretary of Transportation may develop and construct a civil supersonic aircraft."
Subsec. (c). Pub. L. 108–176, §303, added subsec. (c).
1996—Pub. L. 104–264, §401(b)(1)(A), inserted "safety of" before "air commerce" in section catchline.
Subsec. (a). Pub. L. 104–264, §401(b)(1)(B), (C), inserted "Safety of" before "Air Commerce" in heading and "safety of" before "air commerce"
in text.
1994—Pub. L. 103–429 designated existing provisions as subsec. (a), inserted heading, substituted "carrying out this subsection" for "carrying
out this section", and added subsec. (b).
Statutory Notes and Related Subsidiaries

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

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

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

International Pilot Training
Pub. L. 116–260, div. V, title I, §119(e), Dec. 27, 2020, 134 Stat. 2341, provided that:
"(1) In general.—The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise

leadership in setting global standards to improve air carrier pilot training and qualifications for—
"(A) monitoring and managing the behavior and performance of automated systems;
"(B) controlling the flightpath of aircraft without autoflight systems engaged;
"(C) effectively utilizing and managing autoflight systems, when appropriate;
"(D) effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and
"(E) recognizing and responding appropriately to non-normal conditions.
"(2) International leadership.—The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership
under paragraph (1) by working with—

"(A) foreign counterparts of the Administrator in the ICAO and its subsidiary organizations;
"(B) other international organizations and fora; and
"(C) the private sector.
"(3) Considerations.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the
Government shall consider—
"(A) the latest information relating to human factors;
"(B) aircraft manufacturing trends, including those relating to increased automation in the cockpit;
"(C) the extent to which cockpit automation improves aviation safety and introduces novel risks;
"(D) the availability of opportunities for pilots to practice manual flying skills;
"(E) the need for consistency in maintaining and enhancing manual flying skills worldwide;
"(F) recommended practices of other countries that enhance manual flying skills and automation management; and
"(G) whether a need exists for initial and recurrent training standards for improve pilots' proficiency in manual flight and in effective
management of autoflight systems.
"(4) Congressional briefing.—The Secretary, the Administrator, and other appropriate officials of the Government shall provide to the
congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection."
[For definitions of terms used in section 119(e) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out
as a note under section 40101 of this title.]

International Efforts Regarding Tracking of Civil Aircraft
Pub. L. 115–254, div. B, title III, §304, Oct. 5, 2018, 132 Stat. 3261, provided that: "The Administrator [of the Federal Aviation Administration]
shall exercise leadership on creating a global approach to improving aircraft tracking by working with—
"(1) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;
"(2) other international organizations and fora; and
"(3) the private sector."

§40105. International negotiations, agreements, and obligations
(a) Advice and Consultation.—The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secretaries of
Transportation and Commerce, and consult with them as appropriate, about negotiations for an agreement with a government of a foreign country to establish or
develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carrying out this part to the
extent this part is related to foreign air transportation.
(b) Actions of Secretary and Administrator.—(1) In carrying out this part, the Secretary of Transportation and the Administrator—
(A) shall act consistently with obligations of the United States Government under an international agreement;
(B) shall consider applicable laws and requirements of a foreign country; and
(C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any
action related to a certificate of public convenience and necessity issued under chapter 411 of this title.
(2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government of a foreign
country, if the Secretary of Transportation disapproves the agreement because it is not in the public interest. Section 40106(b)(2) of this title applies to this
subsection.
(c) Consultation on International Air Transportation Policy.—In carrying out section 40101(e) of this title, the Secretaries of State and Transportation,
to the maximum extent practicable, shall consult on broad policy goals and individual negotiations with—
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;

(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities affected by international aviation policy.
(d) Congressional Observers at International Aviation Negotiations.—The President shall grant to at least one representative of each House of
Congress the privilege of attending international aviation negotiations as an observer if the privilege is requested in advance in writing.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102.)
Historical and Revision Notes
Revised
Section
40105(a)

49 App.:1462.

49 App.:1551(b)(1)(B).

49 App.:1655(c)(1).

40105(b)

49 App.:1502(a).

49 App.:1551(b)(1)(E).

40105(c)

49 App.:1655(c)(1).
49 App.:1502(c).

40105(d)

49 App.:1551(b)(1)(E).
49 App.:1502(d).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §802, 72
Stat. 783.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(B); added Oct. 24, 1978, Pub.
L. 95–504, §40(a), 92 Stat. 1745.
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.
Aug. 23, 1958, Pub. L. 85–726, §1102(a), 72
Stat. 797; Feb. 15, 1980, Pub. L. 96–192,
§17, 94 Stat. 42.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1102(c), (d); added Feb. 15, 1980, Pub. L.
96–192, §17, 94 Stat. 43.

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

word "authorities" is substituted for "agencies" for consistency in the revised title and with other titles of the Code.
Statutory Notes and Related Subsidiaries

Reciprocal Airworthiness Certification
Pub. L. 108–176, title VIII, §812, Dec. 12, 2003, 117 Stat. 2590, provided that:
"(a) In General.—As part of their bilateral negotiations with foreign nations and their civil aviation counterparts, the Secretary of State and

the Administrator of the Federal Aviation Administration shall facilitate the reciprocal airworthiness certification of aviation products.
"(b) Reciprocal Airworthiness Defined.—In this section, the term 'reciprocal airworthiness certification of aviation products' means that the
regulatory authorities of each nation perform a similar review in certifying or validating the certification of aircraft and aircraft components of
other nations."

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

§40106. Emergency powers
(a) Deviations From Regulations.—Appropriate military authority may authorize aircraft of the armed forces of the United States to deviate from air traffic
regulations prescribed under section 40103(b)(1) and (2) of this title when the authority decides the deviation is essential to the national defense because of a
military emergency or urgent military necessity. The authority shall—
(1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and
(2) to the extent time and circumstances allow, make every reasonable effort to consult with the Administrator and arrange for the deviation in advance on a
mutually agreeable basis.
(b) Suspension of Authority.—(1) When the President decides that the government of a foreign country is acting inconsistently with the Convention for the
Suppression of Unlawful Seizure of Aircraft or that the government of a foreign country allows territory under its jurisdiction to be used as a base of operations or
training of, or as a sanctuary for, or arms, aids, or abets, a terrorist organization that knowingly uses the unlawful seizure, or the threat of an unlawful seizure, of
an aircraft as an instrument of policy, the President may suspend the authority of—
(A) an air carrier or foreign air carrier to provide foreign air transportation to and from that foreign country;
(B) a person to operate aircraft in foreign air commerce to and from that foreign country;
(C) a foreign air carrier to provide foreign air transportation between the United States and another country that maintains air service with the foreign
country; and
(D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that maintains air service with the foreign
country.
(2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is
necessary to ensure the security of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend
rights under this subsection is a condition to a certificate of public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign aircraft
permit, or foreign air carrier operating specification issued by the Secretary of Transportation under this part.
(3) An air carrier or foreign air carrier may not provide foreign air transportation, and a person may not operate aircraft in foreign air commerce, in violation of a
suspension of authority under this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1103.)

Historical and Revision Notes
Revised
Section
40106(a)

49 App.:1348(f).

49 App.:1655(c)(1).

40106(b)

49 App.:1514.

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §307(f), 72
Stat. 750.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1114; added Aug. 5, 1974, Pub. L. 93–
366, §106, 88 Stat. 413.
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.

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

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

§40107. Presidential transfers
(a) General Authority.—The President may transfer to the Administrator of the Federal Aviation Administration a duty, power, activity, or facility of a
department, agency, or instrumentality of the executive branch of the United States Government, or an officer or unit of a department, agency, or instrumentality
of the executive branch, related primarily to selecting, developing, testing, evaluating, establishing, operating, or maintaining a system, procedure, facility, or
device for safe and efficient air navigation and air traffic control. In making a transfer, the President may transfer records and property and make officers and
employees from the department, agency, instrumentality, or unit available to the Administrator.
(b) During War.—If war occurs, the President by executive order may transfer to the Secretary of Defense a duty, power, activity, or facility of the
Administrator. In making the transfer, the President may transfer records, property, officers, and employees of the Administration to the Department of Defense.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)
Historical and Revision Notes

Revised
Section
40107(a)

Source (U.S. Code)
49 App.:1345.

49 App.:1655(c)(1).

40107(b)

49 App.:1343(c).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§302(e),
304, 72 Stat. 746, 749.
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.

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

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

Ex. Ord. No. 10797. Delegation of authority to the Director of the Office of Management and Budget
Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
Section 1. There is hereby delegated to the Director of the Bureau of the Budget [now the Office of Management and Budget] all authority
vested in the President by the last sentence of section 304 [see 49 U.S.C. 40107(a)], and by sections 1502(a) and 1502(b), of the Federal
Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L. 85–726, former 49 U.S.C. 1341 note], relating, respectively, (1) to providing in connection with
transfers of functions made under other provisions of section 304, (i) for appropriate transfers of records and property, and (ii) for necessary
civilian and military personnel to be made available from any office, department, or other agency from which transfers of functions are so

made; (2) to determining the employees and property (including office equipment and official equipment and official records) employed by the
Civil Aeronautics Board in the exercise and performance of those powers and duties which are vested in and imposed upon it by the Civil
Aeronautics Act of 1938, as amended [former 49 U.S.C. 401 et seq.], and which are vested by the Federal Aviation Act of 1958 [see 49 U.S.C.
40101 et seq.] in the Federal Aviation Agency, and to specifying the date or dates upon which the transfers of officers, employees, and property
(including office equipment and official records) under section 1502(a) shall occur; and (3) specifying the date or dates upon which transfers of
unexpended balances of appropriations under section 1502(b) shall occur. Such further measures and dispositions as the Director of the
Bureau of the Budget [now the Office of Management and Budget] shall determine to be necessary in connection with the exercise of the
authority delegated to him by this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.
Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating to the Director of the Bureau of the Budget [now the Office of
Management and Budget] the authority vested in the President by a certain provision of the Airways Modernization Act of 1957 [former 49
U.S.C. 1211 et seq.], is hereby revoked, such revocation to become effective on the date the repeal of that act takes effect under sections
1401(d) [repealing former 49 U.S.C. 1211–1215] and 1505(2) [former 49 U.S.C. 1301 note] of the Federal Aviation Act of 1958 (72 Stat. 806, 811).
Sec. 3. Except as otherwise provided in section 2 hereof, the provisions of this order shall become effective immediately.
Dwight D. Eisenhower.      

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

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

§40108. Training schools
(a) Authority To Operate.—The Administrator of the Federal Aviation Administration may operate schools to train officers and employees of the
Administration to carry out duties, powers, and activities of the Administrator.
(b) Attendance.—The Administrator may authorize officers and employees of other departments, agencies, or instrumentalities of the United States
Government, officers and employees of governments of foreign countries, and individuals from the aeronautics industry to attend those schools. However, if the
attendance of any of those officers, employees, or individuals increases the cost of operating the schools, the Administrator may require the payment or transfer

of amounts or other consideration to offset the additional cost. The amount received may be credited to the appropriation current when the expenditures are or
were paid, the appropriation current when the amount is received, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)
Historical and Revision Notes
Revised
Section
40108(a)

49 App.:1354(d) (1st sentence).

49 App.:1655(c)(1).

40108(b)

49 App.:1354(d) (2d–last sentences).
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §313(d), 72
Stat. 753.
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.

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

§40109. Authority to exempt
(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in Operating Aircraft.—(1) The Secretary of Transportation may exempt from
subpart II of this part—
(A) an air carrier not engaged directly in operating aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest.
(b) Safety Regulation.—The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out
sections 1 40103(b)(1) and (2) of this title when the Administrator decides the exemption is in the public interest.
(c) Other Economic Regulation.—Except as provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person
or class of persons from a provision of chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and
41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, and sections 44909(a),
44909(b), and 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the Secretary decides that the exemption is
consistent with the public interest.
(d) Labor Requirements.—The Secretary may not exempt an air carrier from section 42112 of this title. However, the Secretary may exempt from section
42112(b)(1) and (2) an air carrier not providing scheduled air transportation, and the operations conducted during daylight hours by an air carrier providing
scheduled air transportation, when the Secretary decides that—

(1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the enforcement of section 42112(b)(1) and (2) of this
title is or would be an unreasonable burden on the air carrier that would obstruct its development and prevent it from beginning or continuing operations; and
(2) the exemption would not affect adversely the public interest.
(e) Maximum Flying Hours.—The Secretary may not exempt an air carrier under this section from a provision referred to in subsection (c) of this section, or a
regulation or term prescribed under any of those provisions, that sets maximum flying hours for pilots or copilots.
(f) Smaller Aircraft.—(1) An air carrier is exempt from section 41101(a)(1) of this title, and the Secretary may exempt an air carrier from another provision
of subpart II of this part, if the air carrier—
(A)(i) provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and
(B) complies with liability insurance requirements and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload capacities when the public interest requires.
(3)(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between Alaska and Canada,
only if the carrier is authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places that may be served by an air carrier providing transportation only in Alaska under an exemption
from section 41101(a)(1) of this title, or the frequency with which the transportation may be provided, only when the Secretary decides that providing the
transportation substantially impairs the ability of an air carrier holding a certificate issued by the Secretary to provide its authorized transportation, including the
minimum transportation requirement for Alaska specified under section 41732(b)(1)(B) of this title.
(g) Emergency Air Transportation by Foreign Air Carriers.—(1) To the extent that the Secretary decides an exemption is in the public interest, the
Secretary may exempt by order a foreign air carrier from the requirements and limitations of this part for not more than 30 days to allow the foreign air carrier to
carry passengers or cargo in interstate air transportation in certain markets if the Secretary finds that—
(A) because of an emergency created by unusual circumstances not arising in the normal course of business, air carriers holding certificates under section
41102 of this title cannot accommodate traffic in those markets;
(B) all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of—
(i) foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and
(ii) the air carriers' reservations systems to the extent practicable;
(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and
(D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the inability to accommodate traffic in a market
is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall—
(A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms;
(B) monitor continuously the passenger load factor of air carriers in the market that hold certificates under section 41102 of this title; and
(C) review the exemption at least every 30 days (or, in the case of an exemption that is necessary to provide and sustain air transportation in American
Samoa between the islands of Tutuila and Manu'a, at least every 180 days) to ensure that the unusual circumstances that established the need for the
exemption still exist.
(3) Renewal of exemptions.—
(A) In general.—Except as provided in subparagraph (B), the Secretary may renew an exemption (including renewals) under this subsection for not more
than 30 days.
(B) Exception.—The Secretary may renew an exemption (including renewals) under this subsection that is necessary to provide and sustain air
transportation in American Samoa between the islands of Tutuila and Manu'a for not more than 180 days.
(4) Continuation of exemptions.—An exemption granted by the Secretary under this subsection may continue for not more than 5 days after the unusual
circumstances that established the need for the exemption cease.

(h) Notice and Opportunity for Hearing.—The Secretary may act under subsections (d) and (f)(3)(B) of this section only after giving the air carrier notice
and an opportunity for a hearing.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104; Pub. L. 104–287, §5(65), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 115–254, div. B, title IV, §402, div. K, title I,
§1991(c)(1), Oct. 5, 2018, 132 Stat. 3328, 3627.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40109(a)

49 App.:1301(3) (proviso).

49 App.:1386(b)(3).

49 App.:1551(b)(1)(E).

40109(b)

49 App.:1348(e).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

40109(c)

49 App.:1386(b)(1).

40109(d)

49 App.:1551(b)(1)(E).
49 App.:1386(b)(2) (less words
between 6th and 7th commas,
proviso).
49 App.:1551(b)(1)(E).
49 App.:1386(b)(2) (proviso).
49 App.:1551(b)(1)(E).
49 App.:1386(b)(4), (5), (6) (less
words between 5th and 6th
commas).
49 App.:1551(b)(1)(E).
49 App.:1386(b)(7).

40109(e)

40109(f)

40109(g)

40109(h)

Source (U.S. Code)

49 App.:1551(b)(1)(E).
49 App.:1386(b)(2) (words between
6th and 7th commas), (6) (words
between 5th and 6th commas).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§101(3)
(proviso), 307(e), 416(b)(2), 72 Stat. 737,
750, 771.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§416(b)(3)–(6); added Oct. 24, 1978, Pub.
L. 95–504, §§31(b), 32, 92 Stat. 1732.
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.

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.
Aug. 23, 1958, Pub. L. 85–726, §416(b)(1),
72 Stat. 771; restated Oct. 24, 1978, Pub.
L. 95–504, §31(a), 92 Stat. 1731.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§416(b)(7); added Feb. 15, 1980, Pub. L.
96–192, §13, 94 Stat. 39.

In this section, the words "requirements of", "term", and "or limitation" are omitted as surplus. The word "rule" is omitted as being
synonymous with "regulation". The word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the
United States Code.
In subsection (a)(1), before clause (A), the words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. The word "exempt" is
substituted for "relieve" for consistency in this section.
In subsection (a)(2), the words "that the Secretary decides" are added for clarity.
In subsections (b), (c), and (f)(1)(B), the words "from time to time" are omitted as unnecessary.
In subsection (b), the word "Administrator" in section 307(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on
authority of 49:106(g).
In subsection (d), before clause (1), the words "to the extent" are omitted as surplus.
In subsection (f)(1), before clause (A), the words "Subject to paragraph (5) of this subsection" and "in air transportation" are omitted as
surplus. The words "the Secretary may exempt" are substituted for "as may be prescribed in regulations promulgated by the Board" for clarity
and to eliminate unnecessary words. In clause (A)(ii), the word "capacity" is omitted as surplus. In clause (B), the word "reasonable" is omitted
as surplus. The word "prescribes" is substituted for "adopt" for consistency in the revised title and with other titles of the Code. The words "in
the public interest" are omitted as surplus.
In subsection (f)(2), the words "by regulation" are omitted as surplus. The word "payload" is substituted for "property" for consistency in this
subsection. The words "specified in this paragraph" are omitted as surplus.
In subsection (f)(3), the words "the State of" are omitted as surplus.
In subsection (f)(3)(A), the words "under this subsection" are substituted for "from section 1371 of this title or any other requirement of this
chapter", the words "2 places" are substituted for "points both of which are", and the word "between" is substituted for "one of which is in . . .
and the other in", to eliminate unnecessary words.
In subsection (f)(3)(B), the word "only" is added for clarity. The words "promulgated by the Board", "by such air carrier to points within such
State", and "but not limited to" are omitted as surplus. The word "Alaska" is substituted for "such State" for clarity. The cross-reference is to
section 41732(b)(1)(B) to correct an error in the source provisions. The cross-reference in 49 App.:1386(b)(6) to 49 App.:1389(c)(2) should
have been to 49 App.:1389(f)(2). This error was not corrected when 49 App.:1389 was restated by section 202(b) of the Airport and Airway
Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1508). The comparable provision is 49 App.:1389(k)(1)(A)(ii), restated
as section 41732(b)(1)(B).
In subsection (g), the word "exemption" is substituted for "authorization" and "authority" for clarity and consistency.
In subsection (g)(1), before clause (A), the words "required", "a period", and "to the extent necessary" are omitted as surplus. The word
"mail" is omitted as being included in "cargo". In clause (B), before subclause (i), the words "for example" are omitted as surplus.
In subsection (g)(3), the words "a period" are omitted as surplus.
In subsection (h), the words "The Secretary may act under subsections (d) and (f)(3)(B) of this section" are added because of the
restatement. The word "notice" does not appear in 49 App.:1386(b)(6) (words between 5th and 6th commas) but is made applicable to both of
the restated source provisions for consistency with subchapter II of chapter 5 of title 5, United States Code. The words "opportunity for a" are
added for consistency in the revised title.
Pub. L. 104–287

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

Amendments
2018—Subsec. (b). Pub. L. 115–254, §1991(c)(1)(A), struck out ", 40119, 44901, 44903, 44906, and 44935–44937" before "of this title".

Subsec. (c). Pub. L. 115–254, §1991(c)(1)(B), substituted "sections 44909(a), 44909(b), and" for "sections 44909 and".
Subsec. (g)(2)(C). Pub. L. 115–254, §402(1), added subpar. (C) and struck out former subpar. (C) which read as follows: "review the
exemption at least every 30 days to ensure that the unusual circumstances that established the need for the exemption still exist."
Subsec. (g)(3), (4). Pub. L. 115–254, §402(2), added pars. (3) and (4) and struck out former par. (3) which read as follows: "The Secretary
may renew an exemption (including renewals) under this subsection for not more than 30 days. An exemption may continue for not more than
5 days after the unusual circumstances that established the need for the exemption cease."
1996—Subsec. (c). Pub. L. 104–287, §5(65)(B), substituted "sections 44909 and 46301(b)" for "section 46301(b)".
Pub. L. 104–287, §5(65)(A), substituted "chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and
41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714)," for "sections 41301–41306, 41308–41310(a), 41501,
41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742,".
Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Authority To Grant Exemptions to Government Aircraft
Pub. L. 103–411, §3(b), Oct. 25, 1994, 108 Stat. 4237, provided that:
"(1) In general.—The Administrator of the Federal Aviation Administration may grant an exemption to any unit of Federal, State, or local
government from any requirement of part A of subtitle VII of title 49, United States Code, that would otherwise be applicable to current or future
aircraft of such unit of government as a result of the amendment made by subsection (a) of this section [amending section 40102 of this title].
"(2) Requirements.—The Administrator may grant an exemption under paragraph (1) only if—

and

"(A) the Administrator finds that granting the exemption is necessary to prevent an undue economic burden on the unit of government;

"(B) the Administrator certifies that the aviation safety program of the unit of government is effective and appropriate to ensure safe
operations of the type of aircraft operated by the unit of government."
1 So in original. Probably should be "section".

§40110. General procurement authority
(a) General.—In carrying out this part, the Administrator of the Federal Aviation Administration—
(1) to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an
interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated
by the Administrator;
(2) may construct and improve laboratories and other test facilities; and
(3) may dispose of any interest in property for adequate compensation, and the amount so received shall—
(A) be credited to the appropriation current when the amount is received;
(B) be merged with and available for the purposes of such appropriation; and
(C) remain available until expended.
(b) Purchase of Housing Units.—
(1) Authority.—In carrying out this part, the Administrator may purchase a housing unit (including a condominium or a housing unit in a building owned by
a cooperative) that is located outside the contiguous United States if the cost of the unit is $300,000 or less.

(2) Adjustments for inflation.—For fiscal years beginning after September 30, 1997, the Administrator may adjust the dollar amount specified in
paragraph (1) to take into account increases in local housing costs.
(3) Continuing obligations.—Notwithstanding section 1341 of title 31, the Administrator may purchase a housing unit under paragraph (1) even if there is
an obligation thereafter to pay necessary and reasonable fees duly assessed upon such unit, including fees related to operation, maintenance, taxes, and
insurance.
(4) Certification to congress.—The Administrator may purchase a housing unit under paragraph (1) only if, at least 30 days before completing the
purchase, the Administrator transmits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing—
(A) a description of the housing unit and its price;
(B) a certification that the price does not exceed the median price of housing units in the area; and
(C) a certification that purchasing the housing unit is the most cost-beneficial means of providing necessary accommodations in carrying out this part.
(5) Payment of fees.—The Administrator may pay, when due, fees resulting from the purchase of a housing unit under this subsection from any amounts
made available to the Administrator.
(c) Duties and Powers.—When carrying out subsection (a) of this section, the Administrator of the Federal Aviation Administration may—
(1) notwithstanding section 1341(a)(1) of title 31, lease an interest in property for not more than 20 years;
(2) consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace;
(3) construct, or acquire an interest in, a public building (as defined in section 3301(a) of title 40) only under a delegation of authority from the Administrator
of General Services; and
(4) dispose of property under subsection (a)(2) of this section, except for airport and airway property and technical equipment used for the special purposes
of the Administration, only under sections 121, 123, and 126 and chapter 5 of title 40.
(d) Acquisition Management System.—
(1) In general.—In consultation with such non-governmental experts in acquisition management systems as the Administrator may employ, and
notwithstanding provisions of Federal acquisition law, the Administrator shall develop and implement an acquisition management system for the Administration
that addresses the unique needs of the agency and, at a minimum, provides for—
(A) more timely and cost-effective acquisitions of equipment, services, property, and materials; and
(B) the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent
practicable.
(2) Applicability of federal acquisition law.—The following provisions of Federal acquisition law shall not apply to the new acquisition management
system developed and implemented pursuant to paragraph (1):
(A) Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(B) Division B (except sections 1704 and 2303) of subtitle I of title 41.
(C) The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355). However, section 4705 of title 41 shall apply to the new acquisition
management system developed and implemented pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system, the term
"executive agency" is deemed to refer to the Federal Aviation Administration.
(D) The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business
concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.
(E) The Competition in Contracting Act.
(F) Subchapter V of chapter 35 of title 31, relating to the procurement protest system.
(G) The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (F) providing authority to promulgate regulations in the
Federal Acquisition Regulation.
(3) Certain provisions of division b (except sections 1704 and 2303) of subtitle i of title 41.—Notwithstanding paragraph (2)(B), chapter 21 of title
41 shall apply to the new acquisition management system developed and implemented under paragraph (1) with the following modifications:
(A) Sections 2101 and 2106 of title 41 shall not apply.

(B) Within 90 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator shall
adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act.1
(C) After the adoption of those definitions, the criminal, civil, and administrative remedies provided under the Office of Federal Procurement Policy Act 1
apply to the acquisition management system.
(D) In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 27(e)(3)(A)(iv) of the
Office of Federal Procurement Policy Act 1 in accordance with the procedures contained in the Administration's personnel management system.
(4) Adjudication of certain bid protests and contract disputes.—A bid protest or contract dispute that is not addressed or resolved through
alternative dispute resolution shall be adjudicated by the Administrator through Dispute Resolution Officers or Special Masters of the Federal Aviation
Administration Office of Dispute Resolution for Acquisition, acting pursuant to sections 46102, 46104, 46105, 46106 and 46107 and shall be subject to judicial
review under section 46110 and to section 504 of title 5.
(5) Annual report on the purchase of foreign manufactured articles.—
(A) Report.—(i) Not later than 90 days after the end of the fiscal year, the Secretary of Transportation shall submit a report to Congress on the dollar
amount of acquisitions subject to the Buy American Act made by the agency from entities that manufacture the articles, materials, or supplies outside of the
United States in such fiscal year.
(ii) The report required by clause (i) shall only include acquisitions with total value exceeding the micro-purchase level.
(B) Contents.—The report required by subparagraph (A) shall separately indicate—
(i) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; and
(ii) a summary of the total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of
the United States.
(C) Availability of report.—The Secretary shall make the report under subparagraph (A) publicly available on the agency's website not later than 30
days after submission to Congress.
(e) Prohibition on Release of Offeror Proposals.—
(1) General rule.—Except as provided in paragraph (2), a proposal in the possession or control of the Administrator may not be made available to any
person under section 552 of title 5.
(2) Exception.—Paragraph (1) shall not apply to any portion of a proposal of an offeror the disclosure of which is authorized by the Administrator pursuant
to procedures published in the Federal Register. The Administrator shall provide an opportunity for public comment on the procedures for a period of not less
than 30 days beginning on the date of such publication in order to receive and consider the views of all interested parties on the procedures. The procedures
shall not take effect before the 60th day following the date of such publication.
(3) Proposal defined.—In this subsection, the term "proposal" means information contained in or originating from any proposal, including a technical,
management, or cost proposal, submitted by an offeror in response to the requirements of a solicitation for a competitive proposal.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1106; Pub. L. 103–429, §6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388; Pub. L. 104–264, title XII, §1201, Oct.
9, 1996, 110 Stat. 3279; Pub. L. 106–181, title III, §307(b), title VII, §703, Apr. 5, 2000, 114 Stat. 125, 156; Pub. L. 107–217, §3(n)(5), Aug. 21, 2002, 116 Stat.
1302; Pub. L. 108–176, title II, §§222, 224(a), (b), Dec. 12, 2003, 117 Stat. 2527; Pub. L. 108–178, §4(k), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 111–350, §5(o)
(7), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 112–95, title II, §§206, 210, Feb. 14, 2012, 126 Stat. 39, 44; Pub. L. 115–254, div. B, title V, §544, Oct. 5, 2018, 132
Stat. 3374.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40110(a)

Source (U.S. Code)
49 App.:1344(a)(1) (less term of
lease), (2) (words before 1st
semicolon), (3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §303(a)–(d),
72 Stat. 747; May 21, 1970, Pub. L. 91–
258, §51(a)(1), 84 Stat. 234; July 12, 1976,

Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19,
1980, Pub. L. 96–470, §112(e), 94 Stat.
2240; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444; restated Nov. 5, 1990,
Pub. L. 101–508, §9118(a), 104 Stat.
1388–365.
40110(b)(1)
40110(b) (2)(A)
40110(b) (2)(B)
40110(b) (2)(C)
40110(b) (2)(D)
40110(b) (2)(E)
40110(b) (2)(F)

49 App.:1344(d).
49 App.:1344(a)(1) (related to term
of lease).
49 App.:1344(b)(1).
49 App.:1344(b)(2).
49 App.:1344(c).
49 App.:1344(g).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747,
§303(g); added Oct. 31, 1992, Pub. L.
102–581, §201(a), 106 Stat. 4890.

49 App.:1344(a)(2) (words after 1st
semicolon).

In this section, the word "Administrator" in section 303(a)–(d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained
on authority of 49:106(g).
In subsection (a), before clause (1), the words "In carrying out this part" are added for clarity. The words "on behalf of the United States . . .
where appropriate" are omitted as surplus. In clause (1), the words "made by the Congress", "by purchase, condemnation . . . or otherwise",
and "easements through or other" are omitted as surplus. In clause (2), the words "by sale, lease, or otherwise" and "real or personal" are
omitted as surplus. In clause (3), the word "renovate" is omitted as surplus. The words "and to purchase or otherwise acquire real property
required therefor" are omitted as surplus because of the authority of the Administrator to acquire real property under clause (1) of this
subsection.
In subsection (b)(1), the words "procedures other than competitive procedures" are substituted for "noncompetitive procedures" for
consistency with subsection (b)(2)(D) of this section and 41:253(f).
In subsection (b)(2)(B), the text of 49 App.:1344(b)(1) (words before semicolon) and the words "easements through or other" are omitted as
surplus.
In subsection (b)(2)(C), the words "by purchase, condemnation, or lease" are omitted as surplus.
Subsection (b)(2)(E) is substituted for 49 App.:1344(g) to eliminate the cross-references to other laws and for clarity and is based on the text
of 10:2304(c)(1).
Pub. L. 103–429

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

Stat. 1106).

Editorial Notes

References in Text
The Federal Acquisition Streamlining Act of 1994, referred to in subsec. (d)(2)(C), is Pub. L. 103–355, Oct. 13, 1994, 108 Stat. 3243. For
complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts, and
Tables.
The Small Business Act, referred to in subsec. (d)(2)(D), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified
generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note

set out under section 631 of Title 15 and Tables.
The Competition in Contracting Act, referred to in subsec. (d)(2)(E), probably means the Competition in Contracting Act of 1984, which is
title VII of Pub. L. 98–369, div. B, July 18, 1984, 98 Stat. 1175. For complete classification of this Act to the Code, see Short Title of 1984 Act note
set out under section 101 of Title 41, Public Contracts, and Tables.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (d)(3)(B),
is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The Office of Federal Procurement Policy Act, referred to in subsec. (d)(3)(B), (C), is Pub. L. 93–400, Aug. 30, 1974, 88 Stat. 796, which was
classified principally to chapter 7 (§401 et seq.) of former Title 41, Public Contracts, and was substantially repealed and restated in division B
(§1101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. Section 27(e)(3)(A)(iv)
of the Act was repealed and restated as section 2105(c)(1)(D) of Title 41. For complete classification of this Act to the Code, see Short Title of
1974 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding
section 101 of Title 41.
The Buy American Act, referred to in subsec. (d)(5)(A), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to
sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) of Title
41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see
Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table
preceding section 101 of Title 41.

Amendments
2018—Subsec. (d)(5). Pub. L. 115–254 added par. (5).
2012—Subsec. (a)(2), (3). Pub. L. 112–95, §210, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

"(2) may dispose of an interest in property for adequate compensation; and
"(3) may construct and improve laboratories and other test facilities."
Subsec. (c)(3) to (5). Pub. L. 112–95, §206, inserted "and" at end of par. (3), redesignated par. (5) as (4), and struck out former par. (4) which
read as follows: "use procedures other than competitive procedures only when the property or services needed by the Administrator of the
Federal Aviation Administration are available from only one responsible source or only from a limited number of responsible sources and no
other type of property or services will satisfy the needs of the Administrator; and".
2011—Subsec. (d)(2)(A). Pub. L. 111–350, §5(o)(7)(A), substituted "Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41" for "Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266)".
Subsec. (d)(2)(B). Pub. L. 111–350, §5(o)(7)(B), substituted "Division B (except sections 1704 and 2303) of subtitle I of title 41" for "The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
Subsec. (d)(2)(C). Pub. L. 111–350, §5(o)(7)(C), substituted "(Public Law 103–355). However, section 4705 of title 41 shall apply to the new
acquisition management system developed and implemented pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to
the system," for "(Public Law 103–355), except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the
system,".
Subsec. (d)(3). Pub. L. 111–350, §5(o)(7)(D)(i), (ii), substituted "division b (except sections 1704 and 2303) of subtitle i of title 41" for "the
office of federal procurement policy act" in heading and "chapter 21 of title 41" for "section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423)" in text.
Subsec. (d)(3)(A). Pub. L. 111–350, §5(o)(7)(D)(iii), substituted "Sections 2101 and 2106 of title 41" for "Subsections (f) and (g)".
2003—Subsec. (c). Pub. L. 108–176, §224(a), struck out par. (1), which related to the senior procurement executive, par. (2) designation
before "may—", and subpar. (D) of par. (2), which related to use procedures other than competitive procedures, redesignated subpars. (A),
(B), (C), (E), and (F) of par. (2) as pars. (1) to (5), respectively, and realigned margins.
Subsec. (d)(1). Pub. L. 108–176, §224(b)(1), struck out ", not later than January 1, 1996," after "shall develop and implement", substituted
"provides for—" for "provides for more timely and cost-effective acquisitions of equipment and materials.", and added subpars. (A) and (B).
Subsec. (d)(2)(C). Pub. L. 108–176, §222, substituted "(Public Law 103–355), except for section 315 (41 U.S.C. 265). For the purpose of applying
section 315 of that Act to the system, the term 'executive agency' is deemed to refer to the Federal Aviation Administration." for "(Public Law

103–355)."

Subsec. (d)(2)(G). Pub. L. 108–178, §4(k)(3), substituted "subparagraphs (A) through (F)" for "subparagraphs (A) through (G)".
Pub. L. 108–178, §4(k)(1), (2), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: "The Brooks
Automatic Data Processing Act (40 U.S.C. 759)."
Subsec. (d)(2)(H). Pub. L. 108–178, §4(k)(2), redesignated subpar. (H) as (G).
Subsec. (d)(4). Pub. L. 108–176, §224(b)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "This
subsection shall take effect on April 1, 1996."
2002—Subsec. (c)(2)(C). Pub. L. 107–217, §3(n)(5)(A), substituted "(as defined in section 3301(a) of title 40)" for "(as defined in section 13 of the
Public Buildings Act of 1959 (40 U.S.C. 612))".
Subsec. (c)(2)(F). Pub. L. 107–217, §3(n)(5)(B), substituted "sections 121, 123, and 126 and chapter 5 of title 40" for "title II of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)".
2000—Subsecs. (d), (e). Pub. L. 106–181 added subsecs. (d) and (e).
1996—Subsecs. (b), (c). Pub. L. 104–264 added subsec. (b) and redesignated former subsec. (b) as (c).
1994—Subsec. (a). Pub. L. 103–429, §6(48), in introductory provisions, struck out "may" after "Administration", in par. (1), struck out "acquire,"
before "to the extent" and substituted "may acquire services or, by condemnation or otherwise," for "services or", and in pars. (2) and (3),
inserted "may" after par. designation.
Subsec. (b)(2)(A). Pub. L. 103–429, §6(80), inserted "notwithstanding section 1341(a)(1) of title 31," before "lease".
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Contracting
Pub. L. 112–95, title VIII, §814, Feb. 14, 2012, 126 Stat. 125, provided that: "When drafting contract proposals for training facilities under the
general contracting authority of the Federal Aviation Administration, the Administrator of the Federal Aviation Administration shall ensure—
"(1) the proposal is drafted so that all parties can fairly compete; and
"(2) the proposal takes into consideration the most cost-effective location, accessibility, and services options."

FAA Evaluation of Long-Term Capital Leasing

Pub. L. 106–181, title VII, §704, Apr. 5, 2000, 114 Stat. 157, authorized the Administrator of the Federal Aviation Administration to carry out a
pilot program in fiscal years 2001 through 2003 to test and evaluate the benefits of long-term contracts for the leasing of aviation equipment
and facilities and to enter into certain types of contracts for this purpose.

Assessment of Acquisition Management System
Pub. L. 104–264, title II, §251, Oct. 9, 1996, 110 Stat. 3236, provided that: "Not later than April 1, 1999, the Administrator [of the Federal
Aviation Administration] shall employ outside experts to provide an independent evaluation of the effectiveness of the Administration's [Federal
Aviation Administration] acquisition management system within 3 months after such date. The Administrator shall transmit a copy of the
evaluation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives."
Pub. L. 104–205, title III, §351, Sept. 30, 1996, 110 Stat. 2979, provided that: "Not later than December 31, 1997, the Administrator of the
Federal Aviation Administration shall—
"(a) take such action as may be necessary to provide for an independent assessment of the acquisition management system of the
Federal Aviation Administration that includes a review of any efforts of the Administrator in promoting and encouraging the use of full and
open competition as the preferred method of procurement with respect to any contract that involves an amount greater than $50,000,000;
and
"(b) submit to the Congress a report on the findings of that independent assessment: Provided, That for purposes of this section, the
term 'full and open competition' has the meaning provided that term in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(6))."

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

Alternative Procurement and Acquisition Pilot Program
Pub. L. 103–355, title V, §5063, Oct. 13, 1994, 108 Stat. 3356, provided that:
"(a) Authority.—The Secretary of Transportation may conduct a test of alternative and innovative procurement procedures in carrying out
acquisitions for one of the modernization programs under the Airway Capital Investment Plan prepared pursuant to section 44501(b) of title 49,
United States Code. In conducting such test, the Secretary shall consult with the Administrator for Federal Procurement Policy.
"(b) Pilot Program Implementation.—(1) The Secretary of Transportation should prescribe policies and procedures for the interaction of the

program manager and the end user executive responsible for the requirement for the equipment acquired. Such policies and procedures
should include provisions for enabling the end user executive to participate in acceptance testing.
"(2) Not later than 45 days after the date of enactment of this Act [Oct. 13, 1994], the Secretary of Transportation shall identify for the pilot
program quantitative measures and goals for reducing acquisition management costs.
"(3) The Secretary of Transportation shall establish for the pilot program a review process that provides senior acquisition officials with
reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that—
"(A) contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success
of the program; and
"(B) reduce data requirements from the current program review reporting requirements.
"(c) Special Authorities.—The authority provided by subsection (a) shall include authority for the Secretary of Transportation—
"(1) to apply any amendment or repeal of a provision of law made in this Act [see Short Title of 1994 Amendment note set out under
section 251 of Title 41, Public Contracts] to the pilot program before the effective date of such amendment or repeal; and
"(2) to apply to a procurement of items other than commercial items under such program—

"(A) any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case
of commercial items, and
"(B) any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items,
before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or
exception to procurements of items other than commercial items.
"(d) Applicability.—Subsection (c) applies with respect to—

and

"(1) a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act [Oct. 13, 1994];

"(2) a contract that is awarded before such date and is to be performed (or may be performed), in whole or in part, after such date.
"(e) Procedures Authorized.—The test conducted under this section may include any of the following procedures:
"(1) Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening
process affords all interested sources a fair opportunity to be considered.
"(2) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested
sources a fair opportunity to be considered.
"(3) Alternative notice and publication requirements.
"(4) A process in which—
"(A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a
notice that—
"(i) contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for
purposes of guidance only, other specifications; and
"(ii) invites any interested source to submit information or samples showing the suitability of its product for meeting those
needs, together with a price quotation, or, if appropriate, showing the source's technical capability, past performance, product
supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors);
"(B) contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after
reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and
"(C) a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in
response to the notice or, if appropriate, to those sources determined most capable based on the qualification-based factors included in
an invitation to submit information pursuant to subparagraph (A).
"(f) Waiver of Procurement Regulations.—(1) In conducting the test under this section, the Secretary of Transportation, with the approval of
the Administrator for Federal Procurement Policy, may waive—
"(A) any provision of the Federal Acquisition Regulation that is not required by statute; and
"(B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of
which the Administrator determines in writing to be necessary to test procedures authorized by subsection (e).
"(2) The provisions of law referred to in paragraph (1) are as follows:
"(A) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637).
"(B) The following provisions of the Federal Property and Administrative Services Act of 1949:
"(i) Section 303 ([former] 41 U.S.C. 253) [see 41 U.S.C. 3105, 3301, 3303 to 3305].
"(ii) Section 303A ([former] 41 U.S.C. 253a) [see 41 U.S.C. 3306].
"(iii) Section 303B ([former] 41 U.S.C. 253b) [now 41 U.S.C. 3308, 3701 to 3708, 4702].
"(iv) Section 303C [former] (41 U.S.C. 253c) [now 41 U.S.C. 3311].
"(C) The following provisions of the Office of Federal Procurement Policy Act:
"(i) Section 4(6) ([former] 41 U.S.C. 403(6)) [see 41 U.S.C. 107].
"(ii) Section 18 ([former] 41 U.S.C. 416) [see 41 U.S.C. 1708].
"(g) Definition.—In this section, the term 'commercial item' has the meaning provided that term in section 4(12) of the Office of Federal
Procurement Policy Act [see 41 U.S.C. 103].

"(h) Expiration of Authority.—The authority to conduct the test under subsection (a) and to award contracts under such test shall expire 4
years after the date of the enactment of this Act. Contracts entered into before such authority expires shall remain in effect, notwithstanding
the expiration of the authority to conduct the test under this section.
"(i) Rule of Construction.—Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test
conducted pursuant to subsection (a)."
1 See References in Text note below.

§40111. Multiyear procurement contracts for services and related items
(a) General Authority.—Notwithstanding section 1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation Administration may make a contract of
not more than 5 years for the following types of services and items of supply related to those services for which amounts otherwise would be available for
obligation only in the fiscal year for which appropriated:
(1) operation, maintenance, and support of facilities and installations.
(2) operation, maintenance, and modification of aircraft, vehicles, and other highly complex equipment.
(3) specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training.
(4) base services, including ground maintenance, aircraft refueling, bus transportation, and refuse collection and disposal.
(b) Required Findings.—The Administrator may make a contract under this section only if the Administrator finds that—
(1) there will be a continuing requirement for the service consistent with current plans for the proposed contract period;
(2) providing the service will require a substantial initial investment in plant or equipment, or will incur a substantial contingent liability for assembling,
training, or transporting a specialized workforce; and
(3) the contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.
(c) Considerations.—When making a contract under this section, the Administrator shall be guided by the following:
(1) The part of the cost of a plant or equipment amortized as a cost of contract performance may not be more than the ratio between the period of contract
performance and the anticipated useful commercial life (instead of physical life) of the plant or equipment, considering the location and specialized nature of
the plant or equipment, obsolescence, and other similar factors.
(2) The Administrator shall consider the desirability of—
(A) obtaining an option to renew the contract for a reasonable period of not more than 3 years, at a price that does not include charges for nonrecurring
costs already amortized; and
(B) reserving in the Administrator the right, on payment of the unamortized part of the cost of the plant or equipment, to take title to the plant or equipment
under appropriate circumstances.
(d) Ending Contracts.—A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent
fiscal year. The cost of ending the contract may be paid from—
(1) an appropriation originally available for carrying out the contract;
(2) an appropriation currently available for procuring the type of service concerned and not otherwise obligated; or
(3) amounts appropriated for payments to end the contract.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1107.)
Historical and Revision Notes
Revised
Section
40111(a)

Source (U.S. Code)
49 App.:1344(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §303(e), 72
Stat. 747; May 21, 1970, Pub. L. 91–258,

§51(a)(1), 84 Stat. 234; July 12, 1976, Pub.
L. 94–353, §16, 90 Stat. 882; Oct. 19,
1980, Pub. L. 96–470, §112(e), 94 Stat.
2240; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444; restated Nov. 5, 1990,
Pub. L. 101–508, §9118(a), 104 Stat.
1388–366.
40111(b)
40111(c)
40111(d)

49 App.:1344(e)(2).
49 App.:1344(e)(3).
49 App.:1344(e)(4).

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

§40112. Multiyear procurement contracts for property
(a) General Authority.—Notwithstanding section 1341(a)(1)(B) of title 31 and to the extent that amounts otherwise are available for obligation, the
Administrator of the Federal Aviation Administration may make a contract of more than one but not more than 5 fiscal years to purchase property, except a
contract to construct, alter, or make a major repair or improvement to real property.
(b) Required Findings.—The Administrator may make a contract under this section if the Administrator finds that—
(1) the contract will promote the safety or efficiency of the national airspace system and will result in reduced total contract costs;
(2) the minimum need for the property to be purchased is expected to remain substantially unchanged during the proposed contract period in terms of
production rate, procurement rate, and total quantities;
(3) there is a reasonable expectation that throughout the proposed contract period the Administrator will request appropriations for the contract at the level
required to avoid cancellation;
(4) there is a stable design for the property to be acquired and the technical risks associated with the property are not excessive; and
(5) the estimates of the contract costs and the anticipated savings from the contract are realistic.
(c) Regulations.—The Administrator shall prescribe regulations for acquiring property under this section to promote the use of contracts under this section in
a way that will allow the most efficient use of those contracts. The regulations may provide for a cancellation provision in the contract to the extent the provision
is necessary and in the best interest of the United States. The provision may include consideration of recurring and nonrecurring costs of the contractor
associated with producing the item to be delivered under the contract. The regulations shall provide that, to the extent practicable—
(1) to broaden the aviation industrial base—
(A) a contract under this section shall be used to seek, retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and
(B) on accrual of a payment or other benefit accruing on a contract under this section to a subcontractor, vendor, or supplier participating in the contract,
the payment or benefit shall be delivered in the most expeditious way practicable; and
(2) this section and regulations prescribed under this section may not be carried out in a way that precludes or curtails the existing ability of the
Administrator to provide for—
(A) competition in producing items to be delivered under a contract under this section; or
(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule.
(d) Contract Provisions.—(1) A contract under this section may—

(A) be used for the advance procurement of components, parts, and material necessary to manufacture equipment to be used in the national airspace
system;
(B) provide that performance under the contract after the first year is subject to amounts being appropriated; and
(C) contain a negotiated priced option for varying the number of end items to be procured over the period of the contract.
(2) If feasible and practicable, an advance procurement contract may be made to achieve economic-lot purchases and more efficient production rates.
(e) Cancellation Payment and Notice of Cancellation Ceiling.—(1) If a contract under this section provides that performance is subject to an
appropriation being made, it also may provide for a cancellation payment to be made to the contractor if the appropriation is not made.
(2) Before awarding a contract under this section containing a cancellation ceiling of more than $100,000,000, the Administrator shall give written notice of the
proposed contract and cancellation ceiling to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The contract may not be awarded until the end of the 30-day period beginning on the date of the notice.
(f) Ending Contracts.—A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent
fiscal year. The cost of ending the contract may be paid from—
(1) an appropriation originally available for carrying out the contract;
(2) an appropriation currently available for procuring the type of property concerned and not otherwise obligated; or
(3) amounts appropriated for payments to end the contract.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1108; Pub. L. 104–106, div. E, title LVI, §5606, Feb. 10, 1996, 110 Stat. 700; Pub. L. 104–287, §5(9), Oct. 11,
1996, 110 Stat. 3389.)
Historical and Revision Notes
Revised
Section
40112(a)

40112(b)
40112(c)
40112(d) (1)(A)
40112(d) (1)(B)
40112(d) (1)(C)
40112(d)(2)
40112(e)(1)
40112(e)(2)
40112(f)

Source (U.S. Code)
49 App.:1344(f)(1) (words before 4th
comma), (6), (7) (1st sentence).

49 App.:1344(f)(1) (words after 4th
comma).
49 App.:1344(f)(2).
49 App.:1344(f)(4) (words before 3d
comma).
49 App.:1344(f)(7) (last sentence
words before "and (if").
49 App.:1344(f)(8).
49 App.:1344(f)(4) (words after 3d
comma).
49 App.:1344(f)(7) (last sentence
words after "of funds").
49 App.:1344(f)(3).
49 App.:1344(f)(5).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §303(f), 72
Stat. 747; May 21, 1970, Pub. L. 91–258,
§51(a)(1), 84 Stat. 234; July 12, 1976, Pub.
L. 94–353, §16, 90 Stat. 882; Oct. 19,
1980, Pub. L. 96–470, §112(e), 94 Stat.
2240; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444; restated Nov. 5, 1990,
Pub. L. 101–508, §9118(a), 104 Stat.
1388–367.

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

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

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.

§40113. Administrative
(a) General Authority.—The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties
and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties
and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing
regulations, standards, and procedures, and issuing orders.
(b) Hazardous Material.—In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the
Secretary has under section 5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of
title 18) or ammunition for a firearm, when transported by an individual for personal use.
(c) Governmental Assistance.—The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers
designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any
research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design,
material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities.
Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or
Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a
department, agency, or instrumentality.
(d) Indemnification.—The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation Administration
against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.
(e) Assistance to Foreign Aviation Authorities.—

(1) Safety-related training and operational services.—The Administrator may provide safety-related training and operational services to foreign
aviation authorities (whether public or private) with or without reimbursement, if the Administrator determines that providing such services promotes aviation
safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in
connection with bilateral and multilateral agreements, including further bolstering the components of airmanship. The Administrator is authorized to participate
in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services
consistent with section 106(l)(6). To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers.
(2) Reimbursement sought.—The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation
authorities capable of providing such reimbursement. The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments
for services provided under this subsection in arrears.
(3) Crediting appropriations.—Funds received by the Administrator pursuant to this section shall—
(A) be credited to the appropriation current when the amount is received;
(B) be merged with and available for the purposes of such appropriation; and
(C) remain available until expended.
(4) Reporting.—Not later than December 31, 1995, and annually thereafter, the Administrator shall transmit to Congress a list of the foreign aviation
authorities to which the Administrator provided services under this subsection in the preceding fiscal year. Such list shall specify the dollar value of such
services and any reimbursement received for such services.
(5) Authorization of appropriations.—There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through
2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.
(f) Application of Certain Regulations to Alaska.—In amending title 14, Code of Federal Regulations, in a manner affecting intrastate aviation in Alaska,
the Administrator of the Federal Aviation Administration shall consider the extent to which Alaska is not served by transportation modes other than aviation, and
shall establish such regulatory distinctions as the Administrator considers appropriate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103–305, title II, §202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106–181, title I, §156(a), Apr. 5,
2000, 114 Stat. 89; Pub. L. 107–71, title I, §140(c), Nov. 19, 2001, 115 Stat. 641; Pub. L. 112–95, title II, §207, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div.
K, title I, §1991(c)(2), Oct. 5, 2018, 132 Stat. 3627; Pub. L. 116–260, div. V, title I, §119(g), Dec. 27, 2020, 134 Stat. 2342.)
Historical and Revision Notes
Revised
Section
40113(a)

49 App.:1324(a).

49 App.:1354(a).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

40113(b)

49 App.:1472(h)(1), (3).

40113(c)

49 App.:1505.

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§204(a),
313(a), 72 Stat. 743, 752.
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.
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.
Aug. 23, 1958, Pub. L. 85–726, §902(h)(1),
(3), 72 Stat. 785; restated Jan. 3, 1975,
Pub. L. 93–633, §113(c), 88 Stat. 2162,
2163.
Aug. 23, 1958, Pub. L. 85–726, §1105, 72
Stat. 798; Oct. 15, 1962, Pub. L. 87–810,
§3, 76 Stat. 921.

40113(d)

49 App.:1354(e).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§313(e); added Dec. 30, 1987, Pub. L.
100–223, §205, 101 Stat. 1521.

In subsections (a), (c), and (d), the word "Administrator" in sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958 (Public Law

85–726, 72 Stat. 752, 798) is retained on authority of 49:106(g).

Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to eliminate unnecessary words. The word "standards" is added for
consistency.
In subsection (b), the words "his responsibilities under" and "safe" are omitted as surplus.
In subsection (c), the words "department, agency, and instrumentality" are substituted for "agency" and "governmental agency" for
consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is omitted as
superseded by 49 App.:1903(b), restated in sections 1105, 1110, and 1111 of the revised title. The word "existing" is omitted as surplus.
In subsection (d), the text of 49 App.:1354(e) (last sentence) is omitted because of 49:322(a).
Editorial Notes

Amendments
2020—Subsec. (e)(1). Pub. L. 116–260, §119(g)(1), inserted "The Administrator may also provide technical assistance related to all aviation
safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the
components of airmanship." after "safety or efficiency."
Subsec. (e)(5). Pub. L. 116–260, §119(g)(2), added par. (5).
2018—Subsec. (a). Pub. L. 115–254, §1991(c)(2)(A), substituted "the Administrator of the Transportation Security Administration with respect
to security duties and powers designated to be carried out by that Administrator or" for "the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried out by the Under Secretary or", "carried out by that Administrator" for "carried
out by the Administrator", and ", Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration," for ", Under Secretary, or Administrator,".
Subsec. (d). Pub. L. 115–254, §1991(c)(2)(B), struck out "Under Secretary of Transportation for Security or the" before "Administrator of the
Federal Aviation Administration" and substituted "employee of the Federal Aviation Administration" for "employee of the Transportation
Security Administration or Federal Aviation Administration, as the case may be," and "that the Administrator" for "that the Under Secretary or
Administrator, as the case may be,".
2012—Subsec. (e)(1). Pub. L. 112–95, §207(1), inserted "(whether public or private)" after "authorities" and substituted "safety or efficiency.
The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with
foreign aviation authorities to provide these services consistent with section 106(l)(6)." for "safety."
Subsec. (e)(2). Pub. L. 112–95, §207(2), inserted at end "The Administrator is authorized, notwithstanding any other provision of law or policy,
to accept payments for services provided under this subsection in arrears."
Subsec. (e)(3). Pub. L. 112–95, §207(3), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "Funds
received by the Administrator pursuant to this section shall be credited to the appropriation from which the expenses were incurred in
providing such services."
2001—Subsec. (a). Pub. L. 107–71, §140(c)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or" before "the Administrator of the Federal Aviation Administration" and
substituted ", Under Secretary, or Administrator" for "or Administrator".
Subsec. (d). Pub. L. 107–71, §140(c)(2), inserted "Under Secretary of Transportation for Security or the" after "The" and substituted
"employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be," for "employee of the
Administration" and "the Under Secretary or Administrator, as the case may be, decides" for "the Administrator decides".
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).

1994—Subsec. (e). Pub. L. 103–305 added subsec. (e).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Intra-Agency Coordination
Pub. L. 115–254, div. B, title V, §520, Oct. 5, 2018, 132 Stat. 3362, provided that: "Not later than 120 days after the date of enactment of this Act
[Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall implement a policy that—
"(1) designates the Associate Administrator for Commercial Space Transportation as the primary liaison between the commercial space
transportation industry and the [Federal Aviation] Administration;
"(2) recognizes the necessity of, and set [sic] forth processes for, launch license and permit holder coordination with the Air Traffic
Organization on matters including—
"(A) the use of air navigation facilities;
"(B) airspace safety; and
"(C) planning of commercial space launch and launch support activities;
"(3) designates a single point of contact within the Air Traffic Organization who is responsible for—
"(A) maintaining letters of agreement between a launch license or permit holder and a Federal Aviation Administration facility;
"(B) making such letters of agreement available to the Associate Administrator for Commercial Space Transportation;
"(C) ensuring that a facility that has entered into such a letter of agreement is aware of and fulfills its responsibilities under the
letter; and
"(D) liaising between the Air Traffic Organization and the Associate Administrator for Commercial Space Transportation on any
matter relating to such a letter of agreement; and
"(4) requires the Associate Administrator for Commercial Space Transportation to facilitate, upon the request of a launch license or
permit holder—
"(A) coordination between a launch license and permit holder and the Air Traffic Organization; and
"(B) the negotiation of letters of agreement between a launch license or permit holder and a Federal Aviation Administration facility
or the Air Traffic Organization."

Administrative Services Franchise Fund
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957, provided in part that: "There is hereby established in the Treasury a fund, to be available
without fiscal year limitation, for the costs of capitalizing and operating such administrative services as the FAA Administrator determines may
be performed more advantageously as centralized services, including accounting, international training, payroll, travel, duplicating, multimedia
and information technology services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for
the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds

available to the FAA and other Federal agencies for which such centralized services are performed, at rates which will return in full all
expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automated Data Processing (ADP)
software and systems (either required or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by
the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to
exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each year thereafter, to
remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of FAA
financial management, ADP, and support systems: Provided further, That no later than thirty days after the end of each fiscal year, amounts in
excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treasury."

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

§40114. Reports and records
(a) Written Reports.—(1) Except as provided in this part, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be carried out by the Administrator) shall make a written report of each proceeding and investigation
under this part in which a formal hearing was held and shall provide a copy to each party to the proceeding or investigation. The report shall include the decision,
conclusions, order, and requirements of the Secretary or Administrator as appropriate.
(2) The Secretary (or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall have all
reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the form and way best adapted for
public use. A publication of the Secretary or Administrator is competent evidence of its contents.
(b) Public Records.—Except as provided in subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the
statistics, tables, and figures contained in reports made to the Secretary under subpart II, are public records. The Secretary is the custodian of those records. A
public record, or a copy or extract of it, certified by the Secretary under the seal of the Department of Transportation is competent evidence in an investigation by
the Secretary and in a judicial proceeding.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110.)
Historical and Revision Notes
Revised
Section
40114(a)(1)

49 App.:1324(d) (1st, 2d sentences).

49 App.:1354(b) (1st, 2d sentences).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

40114(a)(2)

40114(b)

49 App.:1324(d) (3d, last sentences).
49 App.:1354(b) (3d, last sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1503.
49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§204(d),
313(b), 1103, 72 Stat. 743, 753, 797.
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.
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.

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

Consolidation or Elimination of Obsolete, Redundant, or Otherwise Unnecessary Reports; Use of
Electronic Media Format
Pub. L. 112–95, title VIII, §806, Feb. 14, 2012, 126 Stat. 121, provided that:
"(a) Consolidation or Elimination of Reports.—Not later than 2 years after the date of enactment of this Act [Feb. 14, 2012], and every 2

years thereafter, the Administrator of the Federal Aviation Administration shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing—
"(1) a list of obsolete, redundant, or otherwise unnecessary reports the Administration is required by law to submit to Congress or
publish that the Administrator recommends eliminating or consolidating with other reports; and
"(2) an estimate of the cost savings that would result from the elimination or consolidation of those reports.
"(b) Use of Electronic Media for Reports.—
"(1) In general.—Notwithstanding any other provision of law, the Administration—

"(A) may not publish any report required or authorized by law in a printed format; and
"(B) shall publish any such report by posting it on the Administration's Internet Web site in an easily accessible and downloadable
electronic format.
"(2) Exception.—Paragraph (1) does not apply to any report with respect to which the Administrator determines that—
"(A) its publication in a printed format is essential to the mission of the Administration; or
"(B) its publication in accordance with the requirements of paragraph (1) would disclose matter—
"(i) described in section 552(b) of title 5, United States Code; or
"(ii) the disclosure of which would have an adverse impact on aviation safety or security, as determined by the Administrator."

§40115. Withholding information
(a) Objections to Disclosure.—(1) A person may object to the public disclosure of information—
(A) in a record filed under this part; or
(B) obtained under this part by the Secretary of Transportation or State or the United States Postal Service.
(2) An objection must be in writing and must state the reasons for the objection. The Secretary of Transportation or State or the Postal Service shall order the
information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information would—
(A) prejudice the United States Government in preparing and presenting its position in international negotiations; or
(B) have an adverse effect on the competitive position of an air carrier in foreign air transportation.
(b) Withholding Information From Congress.—This section does not authorize information to be withheld from a committee of Congress authorized to
have the information.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111.)
Historical and Revision Notes
Revised
Section
40115

Source (U.S. Code)
49 App.:1504.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1104, 72
Stat. 797; restated Oct. 24, 1978, Pub. L.
95–504, §39, 92 Stat. 1743; Feb. 15, 1980,
Pub. L. 96–192, §19, 94 Stat. 43.

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

§40116. State taxation
(a) Definition.—In this section, "State" includes the District of Columbia, a territory or possession of the United States, and a political authority of at least 2
States.

(b) Prohibitions.—Except as provided in subsection (c) of this section and section 40117 of this title, a State, a political subdivision of a State, and any
person that has purchased or leased an airport under section 47134 of this title may not levy or collect a tax, fee, head charge, or other charge on—
(1) an individual traveling in air commerce;
(2) the transportation of an individual traveling in air commerce;
(3) the sale of air transportation; or
(4) the gross receipts from that air commerce or transportation.
(c) Aircraft Taking Off or Landing in State.—A State or political subdivision of a State may levy or collect a tax on or related to a flight of a commercial
aircraft or an activity or service on the aircraft only if the aircraft takes off or lands in the State or political subdivision as part of the flight.
(d) Unreasonable Burdens and Discrimination Against Interstate Commerce.—(1) In this subsection—
(A) "air carrier transportation property" means property (as defined by the Secretary of Transportation) that an air carrier providing air transportation owns or
uses.
(B) "assessment" means valuation for a property tax levied by a taxing district.
(C) "assessment jurisdiction" means a geographical area in a State used in determining the assessed value of property for ad valorem taxation.
(D) "commercial and industrial property" means property (except transportation property and land used primarily for agriculture or timber growing) devoted to
a commercial or industrial use and subject to a property tax levy.
(2)(A) A State, political subdivision of a State, or authority acting for a State or political subdivision may not do any of the following acts because those acts
unreasonably burden and discriminate against interstate commerce:
(i) assess air carrier transportation property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value
of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and
industrial property.
(ii) levy or collect a tax on an assessment that may not be made under clause (i) of this subparagraph.
(iii) levy or collect an ad valorem property tax on air carrier transportation property at a tax rate greater than the tax rate applicable to commercial and
industrial property in the same assessment jurisdiction.
(iv) levy or collect a tax, fee, or charge, first taking effect after August 23, 1994, exclusively upon any business located at a commercial service airport or
operating as a permittee of such an airport other than a tax, fee, or charge wholly utilized for airport or aeronautical purposes.
(v) except as otherwise provided under section 47133, levy or collect a tax, fee, or charge, first taking effect after the date of enactment of this clause, upon
any business located at a commercial service airport or operating as a permittee of such an airport that is not generally imposed on sales or services by that
State, political subdivision, or authority unless wholly utilized for airport or aeronautical purposes.
(B) Subparagraph (A) of this paragraph does not apply to an in lieu tax completely used for airport and aeronautical purposes.
(e) Other Allowable Taxes and Charges.—Except as provided in subsection (d) of this section, a State or political subdivision of a State may levy or
collect—
(1) taxes (except those taxes enumerated in subsection (b) of this section), including property taxes, net income taxes, franchise taxes, and sales or use
taxes on the sale of goods or services; and
(2) reasonable rental charges, landing fees, and other service charges from aircraft operators for using airport facilities of an airport owned or operated by
that State or subdivision.
(f) Pay of Air Carrier Employees.—(1) In this subsection—
(A) "pay" means money received by an employee for services.
(B) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(C) an employee is deemed to have earned 50 percent of the employee's pay in a State or political subdivision of a State in which the scheduled flight time
of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.
(2) The pay of an employee of an air carrier having regularly assigned duties on aircraft in at least 2 States is subject to the income tax laws of only the
following:
(A) the State or political subdivision of the State that is the residence of the employee.

(B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
(3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee's authorized leave or other authorized
absence from regular duties on the carrier's aircraft in order to perform services on behalf of the employee's airline union shall be subject to the income tax laws
of only the following:
(A) The State or political subdivision of the State that is the residence of the employee.
(B) The State or political subdivision of the State in which the employee's scheduled flight time would have been more than 50 percent of the employee's
total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier's
aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111; Pub. L. 103–305, title I, §112(e), title II, §208, Aug. 23, 1994, 108 Stat. 1576, 1588; Pub. L. 104–264, title I,
§149(b), Oct. 9, 1996, 110 Stat. 3226; Pub. L. 104–287, §5(66), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 115–254, div. B, title I, §159(a), Oct. 5, 2018, 132 Stat.
3220.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40116(a)

Source (U.S. Code)
49 App.:1513(d)(2)(E).

49 App.:1513(f) (words in
parentheses).

40116(b)

49 App.:1513(a).

40116(c)
40116(d)
40116(e)

49 App.:1513(f) (less words in
parentheses).
49 App.:1513(d)(1), (2)(A)–(D), (3).
49 App.:1513(b).

40116(f) (1)(A), (B)

49 App.:1512(c).

40116(f) (1)(C)
40116(f)(2)

49 App.:1512(b).
49 App.:1512(a).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1113(d); added Sept. 3, 1982, Pub. L. 97–
248, §532(b), 96 Stat. 701.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1113(f); added Nov. 5, 1990, Pub. L. 101–
508, §9125, 104 Stat. 1388–370.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1113(a); added June 18, 1973, Pub. L.
93–44, §7(a), 87 Stat. 90; Nov. 5, 1990,
Pub. L. 101–508, §9110(1), 104 Stat.
1388–357.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1113(b); added June 18, 1973, Pub. L.
93–44, §7(a), 87 Stat. 90; Sept. 3, 1982,
Pub. L. 97–248, §532(a), 96 Stat. 701.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1112; added Dec. 23, 1970, Pub. L. 91–
569, §4(a), 84 Stat. 1502; restated Feb. 18,
1980, Pub. L. 96–193, §402, 94 Stat. 57.

Subsection (a) is made applicable to subsections (b) and (e) of this section to avoid having to repeat the term being defined. In subsection
(a), the words "Commonwealth of Puerto Rico, the Virgin Islands, Guam" are omitted as surplus because of the definition of "territory or
possession of the United States" in section 40102(a) of the revised title. The word "authority" is substituted for "agencies" for consistency in
the revised title and with other titles of the United States Code.

In subsection (b), before clause (1), reference to 49 App.:1513(f), restated as subsection (c) of this section, is added for clarity. The words
"directly or indirectly" are omitted as surplus. The text of 49 App.:1513(a) (words after "subsection (e) and") is omitted as surplus.
In subsections (d)(2)(A), before clause (i), and (f)(1)(C) and (2), the word "political" is added for consistency in the revised title and with other
titles of the Code.
In subsection (f)(1)(A), the word "pay" is substituted for "compensation" for consistency in the revised title and with chapter 55 of title 5, United
States Code. The words "rendered by the employee in the performance of his duties and shall include wages and salary" are omitted as
surplus.
In subsection (f)(1)(B), the words "means a State of the United States" are substituted for "also means" for clarity.
In subsection (f)(1)(C), the words "of a State" are added for clarity.
In subsection (f)(2), before clause (A), the words "as such an employee" are omitted as surplus.
Pub. L. 104–287

This amends 49:40116(d)(2)(A)(iv) to conform to the style of title 49 and to set out the effective date for this clause.
Editorial Notes

References in Text
The date of enactment of this clause, referred to in subsec. (d)(2)(A)(v), is the date of enactment of Pub. L. 115–254, which was approved
Oct. 5, 2018.

Amendments
2018—Subsec. (d)(2)(A)(v). Pub. L. 115–254 added cl. (v).
1996—Subsec. (b). Pub. L. 104–264, in introductory provisions, substituted "a State, a" for "a State or" and inserted ", and any person that has
purchased or leased an airport under section 47134 of this title" after "of a State".
Subsec. (d)(2)(A)(iv). Pub. L. 104–287, which directed substitution of "August 23, 1994" for "the date of enactment of this clause", was

executed by making the substitution for "the date of the enactment of this clause" to reflect the probable intent of Congress.
Pub. L. 104–287 substituted "levy" for "Levy".
1994—Subsec. (d)(2)(A)(iv). Pub. L. 103–305, §112(e), added cl. (iv).
Subsec. (f)(3). Pub. L. 103–305, §208, added par. (3).
Statutory Notes and Related Subsidiaries

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

Construction of 2018 Amendment
Pub. L. 115–254, div. B, title I, §159(b), Oct. 5, 2018, 132 Stat. 3220, provided that: "Nothing in this section [amending this section] or an
amendment made by this section shall affect a change to a rate or other provision of a tax, fee, or charge under section 40116 of title 49, United
States Code, that was enacted prior to the date of enactment of this Act [Oct. 5, 2018]. Such provision of a tax, fee, or charge shall continue to
be subject to the requirements to which such provision was subject under that section as in effect on the day before the date of enactment of
this Act."

§40117. Passenger facility charges
(a) Definitions.—In this section, the following definitions apply:
(1) Airport, commercial service airport, and public agency.—The terms "airport", "commercial service airport", and "public agency" have the meaning
those terms have under section 47102.
(2) Eligible agency.—The term "eligible agency" means a public agency that controls a commercial service airport.
(3) Eligible airport-related project.—The term "eligible airport-related project" means any of the following projects:
(A) A project for airport development or airport planning under subchapter I of chapter 471.
(B) A project for terminal development described in section 47119(a).
(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25
percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total
passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.
(D) A project for airport noise capability planning under section 47505.
(E) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has
been approved under section 47504.
(F) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air
service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may
include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building
utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities adjacent to the gate.
(G) A project for converting vehicles and ground support equipment used at a commercial service airport to low-emission technology (as defined in
section 47102) or to use cleaner burning conventional fuels, retrofitting of any such vehicles or equipment that are powered by a diesel or gasoline engine
with emission control technologies certified or verified by the Environmental Protection Agency to reduce emissions, or acquiring for use at a commercial
service airport vehicles and ground support equipment that include low-emission technology or use cleaner burning fuels if the airport is located in an air
quality nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such
Act (42 U.S.C. 7505a) and if such project will result in an airport receiving appropriate emission credits as described in section 47139.
(4) Ground support equipment.—The term "ground support equipment" means service and maintenance equipment used at an airport to support
aeronautical operations and related activities.
(5) Passenger facility charge.—The term "passenger facility charge" means a charge imposed under this section.
(6) Passenger facility revenue.—The term "passenger facility revenue" means revenue derived from a passenger facility charge.
(b) General Authority.—(1) The Secretary of Transportation may authorize under this section an eligible agency to impose a passenger facility charge of
$1, $2, or $3 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airportrelated project, including making payments for debt service on indebtedness incurred to carry out the project, to be carried out in connection with the airport or
any other airport the agency controls.
(2) A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible agency may not regulate or prohibit the
imposition or collection of a passenger facility charge or the use of the passenger facility revenue.
(3) A passenger facility charge may be imposed on a passenger of an air carrier or foreign air carrier originating or connecting at the commercial service
airport that the agency controls.
(4) In lieu of authorizing a charge under paragraph (1), the Secretary may authorize under this section an eligible agency to impose a passenger facility charge
of $4.00 or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible
airport-related project, including making payments for debt service on indebtedness incurred to carry out the project.
(5) Maximum cost for certain low-emission technology projects.—The maximum cost that may be financed by imposition of a passenger facility
charge under this section for a project described in subsection (a)(3)(G) with respect to a vehicle or ground support equipment may not exceed the incremental
amount of the project cost that is greater than the cost of acquiring a vehicle or equipment that is not low-emission and would be used for the same purpose, or
the cost of low-emission retrofitting, as determined by the Secretary.

(6) Debt service for certain projects.—In addition to the uses specified in paragraphs (1) and (4), the Secretary may authorize a passenger facility
charge imposed under paragraph (1) or (4) to be used for making payments for debt service on indebtedness incurred to carry out at the airport a project that is
not an eligible airport-related project if the Secretary determines that such use is necessary due to the financial need of the airport.
(7) Noise mitigation for certain schools.—
(A) In general.—In addition to the uses specified in paragraphs (1), (4), and (6), the Secretary may authorize a passenger facility charge imposed under
paragraph (1) or (4) at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, by the
Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the
replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport at which such building is used primarily for
educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if—
(i) the Secretary determines that the building is adversely affected by airport noise;
(ii) the building is owned or chartered by the school district that was the plaintiff in case number 986,442 or 986,446, which was resolved by such
judgment and final order;
(iii) the project is for a school identified in 1 of the settlement agreements effective February 16, 2005, between the airport and each of the school districts;
(iv) in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural
construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation
Administration; and
(v) the project otherwise meets the requirements of this section for authorization of a passenger facility charge.
(B) Eligible project costs.—In subparagraph (A)(iv), the term "eligible project costs" means the difference between the cost of standard school
construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration.
(c) Applications.—(1) An eligible agency must submit to the Secretary an application for authority to impose a passenger facility charge. The application shall
contain information and be in the form that the Secretary may require by regulation.
(2) Before submitting an application, the eligible agency must provide reasonable notice to, and an opportunity for consultation with, air carriers and foreign air
carriers operating at the airport. The Secretary shall prescribe regulations that define reasonable notice and contain at least the following requirements:
(A) The agency must provide written notice of individual projects being considered for financing by a passenger facility charge and the date and location of a
meeting to present the projects to air carriers and foreign air carriers operating at the airport.
(B) Not later than 30 days after written notice is provided under subparagraph (A) of this paragraph, each air carrier and foreign air carrier operating at the
airport must provide to the agency written notice of receipt of the notice. Failure of a carrier to provide the notice may be deemed certification of agreement
with the project by the carrier under subparagraph (D) of this paragraph.
(C) Not later than 45 days after written notice is provided under subparagraph (A) of this paragraph, the agency must conduct a meeting to provide air
carriers and foreign air carriers with descriptions of projects and justifications and a detailed financial plan for projects.
(D) Not later than 30 days after the meeting, each air carrier and foreign air carrier must provide to the agency certification of agreement or disagreement
with projects (or total plan for the projects). Failure to provide the certification is deemed certification of agreement with the project by the carrier. A certification
of disagreement is void if it does not contain the reasons for the disagreement.
(E) The agency must include in its application or notice submitted under subparagraph (A) copies of all certifications of agreement or disagreement received
under subparagraph (D).
(F) For the purpose of this section, an eligible agency providing notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to
have satisfied the requirements of this paragraph if the eligible agency limits such notices and consultations to air carriers and foreign air carriers that have a
significant business interest at the airport. In the subparagraph, the term "significant business interest" means an air carrier or foreign air carrier that had no
less than 1.0 percent of passenger boardings at the airport in the prior calendar year, had at least 25,000 passenger boardings at the airport in the prior
calendar year, or provides scheduled service at the airport.
(3) Before submitting an application, the eligible agency must provide reasonable notice and an opportunity for public comment. The Secretary shall prescribe
regulations that define reasonable notice and provide for at least the following under this paragraph:
(A) A requirement that the eligible agency provide public notice of intent to collect a passenger facility charge so as to inform those interested persons and
agencies that may be affected. The public notice may include—
(i) publication in local newspapers of general circulation;

(ii) publication in other local media; and
(iii) posting the notice on the agency's Internet website.
(B) A requirement for submission of public comments no sooner than 30 days, and no later than 45 days, after the date of the publication of the notice.
(C) A requirement that the agency include in its application or notice submitted under subparagraph (A) copies of all comments received under
subparagraph (B).
(4) After receiving an application, the Secretary may provide notice and an opportunity to air carriers, foreign air carriers, and other interested persons to
comment on the application. The Secretary shall make a final decision on the application not later than 120 days after receiving it.
(d) Limitations on Approving Applications.—The Secretary may approve an application that an eligible agency has submitted under subsection (c) of this
section to finance a specific project only if the Secretary finds, based on the application, that—
(1) the amount and duration of the proposed passenger facility charge will result in revenue (including interest and other returns on the revenue) that is not
more than the amount necessary to finance the specific project;
(2) each project is an eligible airport-related project that will—
(A) preserve or enhance capacity, safety, or security of the national air transportation system;
(B) reduce noise resulting from an airport that is part of the system; or
(C) provide an opportunity for enhanced competition between or among air carriers and foreign air carriers;
(3) the application includes adequate justification for each of the specific projects; and
(4) in the case of an application to impose a charge of more than $3.00 for an eligible surface transportation or terminal project, the agency has made
adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.
(e) Limitations on Imposing Charges.—(1) An eligible agency may impose a passenger facility charge only—
(A) if the Secretary approves an application that the agency has submitted under subsection (c) of this section; and
(B) subject to terms the Secretary may prescribe to carry out the objectives of this section.
(2) A passenger facility charge may not be collected from a passenger—
(A) for more than 2 boardings on a one-way trip or a trip in each direction of a round trip;
(B) for the boarding to an eligible place under subchapter II of chapter 417 of this title for which essential air service compensation is paid under subchapter
II;
(C) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement, including any case in which the
passenger obtained the ticket for the air transportation with a frequent flier award coupon without monetary payment;
(D) on flights, including flight segments, between 2 or more points in Hawaii;
(E) in Alaska aboard an aircraft having a seating capacity of less than 60 passengers; and
(F) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement due to charter arrangements and
payment by the Department of Defense.
(f) Limitations on Contracts, Leases, and Use Agreements.—(1) A contract between an air carrier or foreign air carrier and an eligible agency made at
any time may not impair the authority of the agency to impose a passenger facility charge or to use the passenger facility revenue as provided in this section.
(2) A project financed with a passenger facility charge may not be subject to an exclusive long-term lease or use agreement of an air carrier or foreign air
carrier, as defined by regulations of the Secretary.
(3) A lease or use agreement of an air carrier or foreign air carrier related to a project whose construction or expansion was financed with a passenger facility
charge may not restrict the eligible agency from financing, developing, or assigning new capacity at the airport with passenger facility revenue.
(g) Treatment of Revenue.—(1) Passenger facility revenue is not airport revenue for purposes of establishing a price under a contract between an eligible
agency and an air carrier or foreign air carrier.
(2) An eligible agency may not include in its price base the part of the capital costs of a project paid for by using passenger facility revenue to establish a price
under a contract between the agency and an air carrier or foreign air carrier.

(3) For a project for terminal development, gates and related areas, or a facility occupied or used by at least one air carrier or foreign air carrier on an
exclusive or preferential basis, a price payable by an air carrier or foreign air carrier using the facilities must at least equal the price paid by an air carrier or
foreign air carrier using a similar facility at the airport that was not financed with passenger facility revenue.
(4) Passenger facility revenues that are held by an air carrier or an agent of the carrier after collection of a passenger facility charge constitute a trust fund that
is held by the air carrier or agent for the beneficial interest of the eligible agency imposing the charge. Such carrier or agent holds neither legal nor equitable
interest in the passenger facility revenues except for any handling fee or retention of interest collected on unremitted proceeds as may be allowed by the
Secretary.
(h) Compliance.—(1) As necessary to ensure compliance with this section, the Secretary shall prescribe regulations requiring recordkeeping and auditing of
accounts maintained by an air carrier or foreign air carrier and its agent collecting a passenger facility charge and by the eligible agency imposing the charge.
(2) The Secretary periodically shall audit and review the use by an eligible agency of passenger facility revenue. After review and a public hearing, the
Secretary may end any part of the authority of the agency to impose a passenger facility charge to the extent the Secretary decides that the revenue is not being
used as provided in this section.
(3) The Secretary may set off amounts necessary to ensure compliance with this section against amounts otherwise payable to an eligible agency under
subchapter I of chapter 471 of this title if the Secretary decides a passenger facility charge is excessive or that passenger facility revenue is not being used as
provided in this section.
(i) Regulations.—The Secretary shall prescribe regulations necessary to carry out this section. The regulations—
(1) may prescribe the time and form by which a passenger facility charge takes effect;
(2) shall—
(A) require an air carrier or foreign air carrier and its agent to collect a passenger facility charge that an eligible agency imposes under this section;
(B) establish procedures for handling and remitting money collected;
(C) ensure that the money, less a uniform amount the Secretary determines reflects the average necessary and reasonable expenses (net of interest
accruing to the carrier and agent after collection and before remittance) incurred in collecting and handling the charge, is paid promptly to the eligible
agency for which they are collected; and
(D) require that the amount collected for any air transportation be noted on the ticket for that air transportation; and
(3) may permit an eligible agency to request that collection of a passenger facility charge be waived for—
(A) passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not
more than one percent of the total number of passengers enplaned annually at the airport at which the charge is imposed; or
(B) passengers enplaned on a flight to an airport—
(i) that has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or
(ii) in a community which has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National
Highway System within a State.
(j) Limitation on Certain Actions.—A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible agency may
not tax, regulate, or prohibit or otherwise attempt to control in any manner, the imposition or collection of a passenger facility charge or the use of the revenue
from the passenger facility charge.
(k) Competition Plans.—
(1) In general.—Beginning in fiscal year 2001, no eligible agency may impose a passenger facility charge under this section with respect to a covered
airport (as such term is defined in section 47106(f)) unless the agency has submitted to the Secretary a written competition plan in accordance with such
section. This subsection does not apply to passenger facility charges in effect before the date of the enactment of this subsection.
(2) Secretary shall ensure implementation and compliance.—The Secretary shall review any plan submitted under paragraph (1) to ensure that it
meets the requirements of this section, and shall review its implementation from time-to-time to ensure that each covered airport successfully implements its
plan.
(l) Pilot Program for Passenger Facility Charge Authorizations.—
(1) In general.—The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible agencies for airports to impose
passenger facility charges. An eligible agency may impose in accordance with the provisions of this subsection a passenger facility charge under this section.
For purposes of the pilot program, the procedures in this subsection shall apply instead of the procedures otherwise provided in this section.

(2) Notice and opportunity for consultation.—The eligible agency must provide reasonable notice and an opportunity for consultation to air carriers
and foreign air carriers in accordance with subsection (c)(2) and must provide reasonable notice and opportunity for public comment in accordance with
subsection (c)(3).
(3) Notice of intention.—The eligible agency must submit to the Secretary a notice of intention to impose a passenger facility charge under this
subsection. The notice shall include—
(A) information that the Secretary may require by regulation on each project for which authority to impose a passenger facility charge is sought;
(B) the amount of revenue from passenger facility charges that is proposed to be collected for each project; and
(C) the level of the passenger facility charge that is proposed.
(4) Acknowledgement of receipt and indication of objection.—The Secretary shall acknowledge receipt of the notice and indicate any objection to
the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's
notice.
(5) Authority to impose charge.—Unless the Secretary objects within 30 days after receipt of the eligible agency's notice, the eligible agency is
authorized to impose a passenger facility charge in accordance with the terms of its notice under this subsection.
(6) Regulations.—The Secretary shall propose such regulations as may be necessary to carry out this subsection.
(7) Acknowledgement not an order.—An acknowledgement issued under paragraph (4) shall not be considered an order issued by the Secretary for
purposes of section 46110.
(m) Financial Management of Charges.—
(1) Handling of charges.—A covered air carrier shall segregate in a separate account passenger facility revenue equal to the average monthly liability for
charges collected under this section by such carrier or any of its agents for the benefit of the eligible agencies entitled to such revenue.
(2) Trust fund status.—If a covered air carrier or its agent fails to segregate passenger facility revenue in violation of the subsection, the trust fund status
of such revenue shall not be defeated by an inability of any party to identify and trace the precise funds in the accounts of the air carrier.
(3) Prohibition.—A covered air carrier and its agents may not grant to any third party any security or other interest in passenger facility revenue.
(4) Compensation to eligible entities.—A covered air carrier that fails to comply with any requirement of this subsection, or otherwise unnecessarily
causes an eligible entity to expend funds, through litigation or otherwise, to recover or retain payment of passenger facility revenue to which the eligible entity
is otherwise entitled shall be required to compensate the eligible agency for the costs so incurred.
(5) Interest on amounts.—A covered air carrier that collects passenger facility charges is entitled to receive the interest on passenger facility charge
accounts if the accounts are established and maintained in compliance with this subsection.
(6) Existing regulations.—The provisions of section 158.49 of title 14, Code of Federal Regulations, that permit the commingling of passenger facility
charges with other air carrier revenue shall not apply to a covered air carrier.
(7) Covered air carrier defined.—In this section, the term "covered air carrier" means an air carrier that files for chapter 7 or chapter 11 of title 11
bankruptcy protection, or has an involuntary chapter 7 of title 11 bankruptcy proceeding commenced against it, after the date of enactment of this subsection.
(n) Use of Revenues at Previously Associated Airport.—Notwithstanding the requirements relating to airport control under subsection (b)(1), the
Secretary may authorize use of a passenger facility charge under subsection (b) to finance an eligible airport-related project if—
(1) the eligible agency seeking to impose the new charge controls an airport where a $2.00 passenger facility charge became effective on January 1, 2013;
and
(2) the location of the project to be financed by the new charge is at an airport that was under the control of the same eligible agency that had controlled the
airport described in paragraph (1).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1113; Pub. L. 103–305, title II, §§203, 204(a)(1), (b), Aug. 23, 1994, 108 Stat. 1582, 1583; Pub. L. 104–264, title
I, §142(b)(2), title XII, §1202, Oct. 9, 1996, 110 Stat. 3221, 3280; Pub. L. 104–287, §5(67), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 106–181, title I, §§105(a), (b),
135(a), (b), 151, 152(a), 155(c), Apr. 5, 2000, 114 Stat. 71, 83, 86-88; Pub. L. 108–176, title I, §§121(a)–(c), 122–123(d), 124, Dec. 12, 2003, 117 Stat. 2499–
2502; Pub. L. 110–253, §3(c)(1), June 30, 2008, 122 Stat. 2417; Pub. L. 110–330, §5(a), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 110–337, §1, Oct. 2, 2008, 122
Stat. 3729; Pub. L. 111–12, §5(a), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(a), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(a), Dec. 16, 2009,
123 Stat. 3032; Pub. L. 111–153, §5(a), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(a), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(a), July 2,
2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(a), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(a), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329,
§5(a), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(a), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(a), May 31, 2011, 125 Stat. 219; Pub. L. 112–21,

§5(a), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(a), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(a), Sept. 16, 2011, 125 Stat. 358; Pub. L.
112–91, §5(a), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §§111(a)–(c)(1), 152(e)(1), Feb. 14, 2012, 126 Stat. 17, 18, 34; Pub. L. 114–190, title II, §2302,
July 15, 2016, 130 Stat. 638; Pub. L. 115–254, div. B, title I, §121, div. B, title V, §539(b), Oct. 5, 2018, 132 Stat. 3201, 3370.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40117(a)(1)

40117(a)(2)
40117(a)(3)
40117(a)(4), (5)
40117(b)(1)
40117(b)(2)
40117(b)(3)
40117(c)(1), (2)
40117(c)(3)

Source (U.S. Code)
49 App.:1513(e) (15)(A), (B), (D).

40117(e) (1)(B)
40117(e) (2)(A)
40117(e) (2)(B)
40117(e) (2)(C)

(no source).
49 App.:1513(e) (15)(C).
(no source).
49 App.:1513(e)(1).
49 App.:1513(e)(8) (1st sentence).
49 App.:1513(e)(6) (1st sentence).
49 App.:1513(e) (11)(A)–(C).
49 App.:1513(e) (11)(D), (E) (last
sentence).
49 App.:1513(e)(2), (5).
49 App.:1513(e) (11)(E) (1st
sentence).
49 App.:1513(e)(13).
49 App.:1513(e)(6) (last sentence).
49 App.:1513(e)(3).
49 App.:1513(e)(4).

40117(f)(1)
40117(f)(2), (3)
40117(g)
40117(h)
40117(i)

49 App.:1513(e)(8) (last sentence).
49 App.:1513(e)(9).
49 App.:1513(e)(7).
49 App.:1513(e)(12).
49 App.:1513(e)(10), (14).

40117(d)
40117(e) (1)(A)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1113(e)(1)–(3), (5)–(15); added Nov. 5,
1990, Pub. L. 101–508, §9110(2), 104 Stat.
1388–357.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1113(e)(4); added Nov. 5, 1990, Pub. L.
101–508, §9110(2), 104 Stat. 1388–357;
Oct. 31, 1992, Pub. L. 102–581, §105, 106
Stat. 4877.

In subsection (a), before clause (1), the text of 49 App.:1513(e)(15)(A) is omitted for clarity and because the terms "air carrier" and "foreign
air carrier" are used the first time they appear in each subsection. The text of 49 App.:1513(e)(15)(D) is omitted because the complete name of
the Secretary of Transportation is used the first time the term appears in this section. Clauses (2), (4), and (5) are added to avoid repeating the
source provisions throughout this section. In clause (3)(D), the words "without regard to" are omitted as surplus.
In subsection (b)(1), the words "bonds and other" are omitted as surplus.
In subsection (b)(2), the word "limit" is omitted as being included in "regulate".

In subsection (d), before clause (1), the text of 49 App.:1513(e)(5) is omitted as executed. The words "approve an application that an eligible
agency has submitted under subsection (c) of this section" are substituted for "grant a public agency which controls a commercial service
airport authority to impose a fee under this subsection" for clarity.
In subsection (e)(1)(B), the words "and conditions" are omitted as being included in "terms".
Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last sentence) to eliminate unnecessary words.
In subsection (e)(2)(B), the words "a public agency which controls any other airport", "If a passenger of an air carrier is being provided air
service", and "with respect to such air service" are omitted as surplus.
In subsection (f)(3), the words "financed with" are substituted for "carried out through the use of" for consistency in this section and to
eliminate unnecessary words.
In subsection (g), the word "price" is substituted for "rate, fee, or charge" and "rates, fees, and charges" to eliminate unnecessary words.
In subsection (g)(2), the words "Except as provided by subparagraph (C)" and "by means of depreciation, amortization, or any other
method" are omitted as surplus.
In subsection (h)(1), the word "agent" is substituted for "agency" to correct an error in the source provisions.
In subsection (i), before clause (1), the words "Not later than May 4, 1991" are omitted as obsolete.
Pub. L. 104–287

This repeals 49:40117(e)(2)(C) to eliminate an executed provision and makes conforming amendments.
Editorial Notes

References in Text
The date of the enactment of this subsection, referred to in subsec. (k)(1), is the date of enactment of Pub. L. 106–181, which was approved
Apr. 5, 2000.
The date of enactment of this subsection, referred to in subsec. (m)(7), is the date of enactment of Pub. L. 108–176, which was approved Dec.
12, 2003.

Amendments
2018—Subsec. (a)(5). Pub. L. 115–254, §539(b), substituted "charge imposed" for "charge or charge imposed".
Subsec. (b)(4). Pub. L. 115–254, §121(a), substituted "project." for "project, if the Secretary finds—" and struck out subpars. (A) and (B) which

read as follows:
"(A) in the case of an airport that has more than .25 percent of the total number of annual boardings in the United States, that the project will
make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated
congestion, or reducing the impact of aviation noise on people living near the airport; and
"(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to in section 48103."
Subsec. (l). Pub. L. 115–254, §121(b)(1), struck out "at Nonhub Airports" after "Authorizations" in heading.
Subsec. (l)(1). Pub. L. 115–254, §121(b)(2), struck out "nonhub" before "airports".
Subsec. (l)(6). Pub. L. 115–254, §121(b)(3), substituted "The" for "Not later than 180 days after the date of enactment of this subsection, the".
2016—Subsec. (n). Pub. L. 114–190 added subsec. (n).
2012—Pub. L. 112–95, §111(c)(1)(H), substituted "charges" for "fees" wherever appearing in text.
Pub. L. 112–95, §111(c)(1)(G), substituted "charge" for "fee" wherever appearing in text other than the second sentence of subsec. (g)(4).
Pub. L. 112–95, §111(c)(1)(A), substituted "charges" for "fees" in section catchline.
Subsec. (a)(3)(B). Pub. L. 112–95, §152(e)(1), substituted "section 47119(a)" for "section 47110(d)".
Subsec. (a)(5). Pub. L. 112–95, §111(a), amended par. (5) generally. Prior to amendment, text read as follows: "The term 'passenger facility
fee' means a fee imposed under this section."
Subsec. (e). Pub. L. 112–95, §111(c)(1)(B), substituted "Charges" for "Fees" in heading.

Subsec. (l). Pub. L. 112–95, §111(c)(1)(C), substituted "Charge" for "Fee" in heading.
Subsec. (l)(5). Pub. L. 112–95, §111(c)(1)(D), substituted "charge" for "fee" in heading.
Subsec. (l)(7). Pub. L. 112–95, §111(b), redesignated par. (8) as (7) and struck out former par. (7). Prior to amendment, text read as follows:
"This subsection shall cease to be effective beginning on February 18, 2012."
Pub. L. 112–91 substituted "February 18, 2012." for "February 1, 2012."
Subsec. (l)(8). Pub. L. 112–95, §111(b), redesignated par. (8) as (7).
Subsec. (m). Pub. L. 112–95, §111(c)(1)(E), substituted "Charges" for "Fees" in heading.
Subsec. (m)(1). Pub. L. 112–95, §111(c)(1)(F), substituted "charges" for "fees" in heading.
2011—Subsec. (l)(7). Pub. L. 112–30 substituted "February 1, 2012." for "September 17, 2011."
Pub. L. 112–27 substituted "September 17, 2011." for "July 23, 2011."
Pub. L. 112–21 substituted "July 23, 2011." for "July 1, 2011."
Pub. L. 112–16 substituted "July 1, 2011." for "June 1, 2011."
Pub. L. 112–7 substituted "June 1, 2011." for "April 1, 2011."
2010—Subsec. (l)(7). Pub. L. 111–329 substituted "April 1, 2011." for "January 1, 2011."
Pub. L. 111–249 substituted "January 1, 2011." for "October 1, 2010."
Pub. L. 111–216 substituted "October 1, 2010." for "August 2, 2010."
Pub. L. 111–197 substituted "August 2, 2010." for "July 4, 2010."
Pub. L. 111–161 substituted "July 4, 2010." for "May 1, 2010."
Pub. L. 111–153 substituted "May 1, 2010." for "April 1, 2010."
2009—Subsec. (l)(7). Pub. L. 111–116 substituted "April 1, 2010." for "January 1, 2010."
Pub. L. 111–69 substituted "January 1, 2010." for "October 1, 2009."
Pub. L. 111–12 substituted "October 1, 2009." for "April 1, 2009."
2008—Subsec. (b)(7). Pub. L. 110–337 added par. (7).
Subsec. (l)(7). Pub. L. 110–330 substituted "April 1, 2009" for "September 30, 2008".
Pub. L. 110–253 substituted "September 30, 2008" for "the date that is 3 years after the date of issuance of regulations to carry out this
subsection".
2003—Subsec. (a)(3)(C). Pub. L. 108–176, §123(d), substituted "A project for costs" for "for costs" and a period for the semicolon at end.
Subsec. (a)(3)(G). Pub. L. 108–176, §121(a), added subpar. (G).
Subsec. (a)(4) to (6). Pub. L. 108–176, §121(c), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Subsec. (b)(5). Pub. L. 108–176, §121(b), added par. (5).
Subsec. (b)(6). Pub. L. 108–176, §122, added par. (6).
Subsec. (c)(2)(E), (F). Pub. L. 108–176, §123(a)(1), added subpars. (E) and (F).
Subsec. (c)(3), (4). Pub. L. 108–176, §123(a)(2)–(4), added par. (3), redesignated former par. (3) as (4), and substituted "may" for "shall" in
first sentence of par. (4).
Subsec. (e)(2)(C). Pub. L. 108–176, §123(c)(1), substituted a semicolon for period at end.
Subsec. (e)(2)(F). Pub. L. 108–176, §123(c)(2)–(4), added subpar. (F).
Subsec. (l). Pub. L. 108–176, §123(b), added subsec. (l).
Subsec. (m). Pub. L. 108–176, §124, added subsec. (m).
2000—Subsec. (a). Pub. L. 106–181, §151, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "In
this section—
"(1) 'airport', 'commercial service airport', and 'public agency' have the same meanings given those terms in section 47102 of this title.
"(2) 'eligible agency' means a public agency that controls a commercial service airport.
"(3) 'eligible airport-related project' means a project—
"(A) for airport development or airport planning under subchapter I of chapter 471 of this title;
"(B) for terminal development described in section 47110(d) of this title;
"(C) for airport noise capability planning under section 47505 of this title;

"(D) to carry out noise compatibility measures eligible for assistance under section 47504 of this title, whether or not a program for
those measures has been approved under section 47504; and
"(E) for constructing gates and related areas at which passengers board or exit aircraft.
"(4) 'passenger facility fee' means a fee imposed under this section.
"(5) 'passenger facility revenue' means revenue derived from a passenger facility fee."
Subsec. (a)(3)(C) to (F). Pub. L. 106–181, §152(a), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.
Subsec. (b)(4). Pub. L. 106–181, §105(a), added par. (4).
Subsec. (d)(4). Pub. L. 106–181, §105(b), added par. (4).
Subsec. (e)(2)(D), (E). Pub. L. 106–181, §135(a), added subpars. (D) and (E).
Subsec. (i)(3). Pub. L. 106–181, §135(b)(1)–(3), added par. (3).
Subsec. (j). Pub. L. 106–181, §135(b)(4), added subsec. (j).
Subsec. (k). Pub. L. 106–181, §155(c), added subsec. (k).
1996—Subsec. (a)(3)(D) to (F). Pub. L. 104–264, §142(b)(2), inserted "and" at end of subpar. (D), substituted a period for "; and" at end of
subpar. (E), and struck out subpar. (F) which read as follows: "in addition to projects eligible under subparagraph (A), the construction,
reconstruction, repair, or improvement of areas of an airport used for the operation of aircraft or actions to mitigate the environmental effects of
such construction, reconstruction, repair, or improvement when the construction, reconstruction, repair, improvement, or action is necessary
for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990, the Clean Air
Act, or the Federal Water Pollution Control Act with respect to the airport."
Subsec. (e)(2)(B) to (D). Pub. L. 104–287 inserted "and" at end of subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar.
(C) which read as follows: "for a project the Secretary does not approve under this section before October 1, 1993, if, during the fiscal year
ending September 30, 1993, the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000, except
that this clause—
"(i) does not apply if the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000 because
of sequestration or other general appropriations reductions applied proportionately to appropriations accounts throughout an appropriation
law; and
"(ii) does not affect the authority of the Secretary to approve the imposition of a fee or the use of revenues, derived from a fee imposed
under an approval made under this section, by a public agency that has received an approval to impose a fee under this section before
September 30, 1993, regardless of whether the fee is being imposed on September 30, 1993; and".
Subsec. (g)(4). Pub. L. 104–264, §1202, added par. (4).
1994—Subsec. (a)(3)(F). Pub. L. 103–305, §203, added subpar. (F).
Subsec. (d)(3). Pub. L. 103–305, §204(b), added par. (3).
Subsec. (e)(2)(D). Pub. L. 103–305, §204(a)(1), added subpar. (D).
Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment
Pub. L. 112–27, §5(j), Aug. 5, 2011, 125 Stat. 271, provided that: "The amendments made by this section [amending this section and sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on July 23,

2011."

Pub. L. 112–21, §5(j), June 29, 2011, 125 Stat. 235, provided that: "The amendments made by this section [amending this section and sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on July 1,

2011."

Pub. L. 112–16, §5(j), May 31, 2011, 125 Stat. 220, provided that: "The amendments made by this section [amending this section and sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on June 1,

2011."

Pub. L. 112–7, §5(j), Mar. 31, 2011, 125 Stat. 33, provided that: "The amendments made by this section [amending this section and sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on April 1,

2011."

Effective Date of 2010 Amendment
Pub. L. 111–329, §5(j), Dec. 22, 2010, 124 Stat. 3568, provided that: "The amendments made by this section [amending this section and
sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on

January 1, 2011."

Pub. L. 111–249, §5(l), Sept. 30, 2010, 124 Stat. 2628, provided that: "The amendments made by this section [amending this section, sections
41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as notes under sections 41731 and 47109 of this title] shall take

effect on October 1, 2010."
Pub. L. 111–216, title I, §104(j), Aug. 1, 2010, 124 Stat. 2350, provided that: "The amendments made by this section [amending this section,
sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect
on August 2, 2010."
Pub. L. 111–197, §5(j), July 2, 2010, 124 Stat. 1354, provided that: "The amendments made by this section [amending this section, sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on July 4,
2010."
Pub. L. 111–161, §5(j), Apr. 30, 2010, 124 Stat. 1127, provided that: "The amendments made by this section [amending this section, sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on May 1,
2010."
Pub. L. 111–153, §5(j), Mar. 31, 2010, 124 Stat. 1085, provided that: "The amendments made by this section [amending this section, sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on April 1,
2010."

Effective Date of 2009 Amendment
Pub. L. 111–116, §5(j), Dec. 16, 2009, 123 Stat. 3032, provided that: "The amendments made by this section [amending this section and
sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on

January 1, 2010."
Pub. L. 111–69, §5(l), Oct. 1, 2009, 123 Stat. 2055, provided that: "The amendments made by this section [amending this section and sections
41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as notes under sections 41731 and 47109 of this title] shall take
effect on October 1, 2009."
Pub. L. 111–12, §5(j), Mar. 30, 2009, 123 Stat. 1458, provided that: "The amendments made by this section [amending this section and sections
44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on April 1,
2009."

Effective Date of 2008 Amendment
Pub. L. 110–330, §5(l), Sept. 30, 2008, 122 Stat. 3719, provided that: "The amendments made by this section [amending this section, sections
41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as notes under sections 41731 and 47109 of this title] shall take

effect on October 1, 2008."
Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26,
Internal Revenue Code.

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

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

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

Competition Plans
Pub. L. 106–181, title I, §155(a), Apr. 5, 2000, 114 Stat. 88, provided that: "The Congress makes the following findings:

"(1) Major airports must be available on a reasonable basis to all air carriers wishing to serve those airports.
"(2) 15 large hub airports today are each dominated by one air carrier, with each such carrier controlling more than 50 percent of the
traffic at the hub.
"(3) The General Accounting Office [now Government Accountability Office] has found that such levels of concentration lead to higher
air fares.
"(4) The United States Government must take every step necessary to reduce those levels of concentration.
"(5) Consistent with air safety, spending at these airports must be directed at providing opportunities for carriers wishing to serve such
facilities on a commercially viable basis."

Limitation on Statutory Construction of Subsection (e)(2)(D)
Pub. L. 103–305, title II, §204(a)(2), Aug. 23, 1994, 108 Stat. 1583, provided that: "The amendment made by paragraph (1) [amending this
section] shall not be construed as requiring any person to refund any fee paid before the date of the enactment of this Act [Aug. 23, 1994]."

§40118. Government-financed air transportation
(a) Transportation by Air Carriers Holding Certificates.—A department, agency, or instrumentality of the United States Government shall take
necessary steps to ensure that the transportation of passengers and property by air is provided by an air carrier holding a certificate under section 41102 of this
title if—
(1) the department, agency, or instrumentality—
(A) obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from
amounts provided for the use of the Government; or
(B) provides the transportation to or for a foreign country or international or other organization without reimbursement;

(2) the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and
(3) the air carrier is—
(A) available, if the transportation is between a place in the United States and a place outside the United States; or
(B) reasonably available, if the transportation is between 2 places outside the United States.
(b) Transportation by Foreign Air Carriers.—This section does not preclude the transportation of passengers and property by a foreign air carrier if the
transportation is provided under a bilateral or multilateral air transportation agreement to which the Government and the government of a foreign country are
parties if the agreement—
(1) is consistent with the goals for international aviation policy of section 40101(e) of this title; and
(2) provides for the exchange of rights or benefits of similar magnitude.
(c) Proof.—The Administrator of General Services shall prescribe regulations under which agencies may allow the expenditure of an appropriation for
transportation in violation of this section only when satisfactory proof is presented showing the necessity for the transportation.
(d) Certain Transportation by Air Outside the United States.—Notwithstanding subsections (a) and (c) of this section, any amount appropriated to the
Secretary of State or the Administrator of the Agency for International Development may be used to pay for the transportation of an officer or employee of the
Department of State or one of those agencies, a dependent of the officer or employee, and accompanying baggage, by a foreign air carrier when the
transportation is between 2 places outside the United States.
(e) Relationship to Other Laws.—This section does not affect the application of the antidiscrimination provisions of this part.
(f) Prohibition of Certification or Contract Clause.—(1) No certification by a contractor, and no contract clause, may be required in the case of a
contract for the transportation of commercial products in order to implement a requirement in this section.
(2) In paragraph (1), the term "commercial product" has the meaning given such term in section 103 of title 41, except that it shall not include a contract for the
transportation by air of passengers.
(g) Training Requirements.—The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a
domestic carrier under this section requires that the contracting air carrier submits to the Administrator of General Services, the Secretary of Transportation, the
Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S. Customs and Border Protection an annual
report regarding—
(1) the number of personnel trained in the detection and reporting of potential human trafficking (as described in paragraphs (9) and (10) 1 of section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), including the training required under section 44734(a)(4);
(2) the number of notifications of potential human trafficking victims received from staff or other passengers; and
(3) whether the air carrier notified the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim
for each such notification of potential human trafficking, and if so, when the notification was made.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1116; Pub. L. 103–355, title VIII, §8301(h), Oct. 13, 1994, 108 Stat. 3398; Pub. L. 104–287, §5(68), Oct. 11,
1996, 110 Stat. 3395; Pub. L. 104–316, title I, §127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–277, div. G, subdiv. A, title XII, §1225(h), title XIII, §1335(p),
title XIV, §1422(b)(6), Oct. 21, 1998, 112 Stat. 2681–775, 2681-789, 2681-793; Pub. L. 108–176, title VIII, §806, Dec. 12, 2003, 117 Stat. 2588; Pub. L. 111–350,
§5(o)(8), Jan. 4, 2011, 124 Stat. 3854; Pub. L. 115–232, div. A, title VIII, §836(g)(9), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 115–425, title I, §111(a), Jan. 8, 2019,
132 Stat. 5475.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
40118(a)

49 App.:1517(a), (b).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1117; added Jan. 3, 1975, Pub. L. 93–
623, §5(a), 88 Stat. 2104; restated Feb. 15,
1980, Pub. L. 96–192, §21, 94 Stat. 43.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

§1601(b)(1)(E); added Oct. 4, 1984, Pub.
L. 98–443, §3(e), 98 Stat. 1704.
40118(b)
40118(c)
40118(d)

49 App.:1517(c).
49 App.:1517(d) (1st sentence).
49 App.:1518.

40118(e)

49 App.:1517(d) (last sentence).

Oct. 7, 1978, Pub. L. 95–426, §706, 92 Stat.
992.

In this section, the word "passengers" is substituted for "persons" for consistency in the revised title. The words "(and their personal effects)"
are omitted as being included in "property".
In subsection (a), before clause (1), the words "Except as provided in subsection (c) of this section" are omitted as surplus. The words
"department, agency, or instrumentality" are substituted for "agency" for consistency in the revised title and with other titles of the United
States Code. The words "or agencies" are omitted because of 1:1. In clause (1), before subclause (A), the words "executive" and "other" are
omitted as surplus. In subclause (A), the words "procure, contract for, or otherwise" are omitted as surplus. The words "for itself or in carrying
out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the
Government" are substituted for "in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special
arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned,
controlled, granted, or conditionally granted or utilized by or otherwise" for clarity and to eliminate unnecessary words. In subclause (B), the
word "country" is substituted for "nation" for consistency in the revised title and with other titles of the Code. The words "international or other
organization" are substituted for "international agency, or other organization, of whatever nationality" to eliminate unnecessary words. The
words "provisions for" are omitted as surplus.
In subsection (b), before clause (1), the words "government of a foreign country" are substituted for "foreign government" for consistency in
the revised title and with other titles of the Code. The words "or governments" are omitted because of 1:1.
In subsection (c), the words "for payment for personnel or cargo transportation" are omitted as surplus.
In subsection (d), the words "the limitations established by" are omitted as surplus. The words "after October 7, 1978" are omitted as
executed. The words "Secretary of State" are substituted for "Department of State" because of 22:2651. The words "Director of the United
States Information Agency" are substituted for "International Communication Agency" in section 706 of the Act of October 7, 1978 (Public Law
95–426, 92 Stat. 992), because of section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978, 91 Stat. 1636) and section 303(b) of the
United States Information Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law 97–241, 96 Stat. 291). The words "Director of the
United States International Development Cooperation Agency" are substituted for "Agency for International Development (or any successor
agency)" in section 706 because of section 6(a)(3) of Reorganization Plan No. 2 of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words "a
foreign air carrier" are substituted for "air carriers which do not hold certificates under section 1371 of this Appendix" for clarity. See H. Conf.
Rept. No. 95–1535, 95th Cong., 2d Sess., p. 45 (1978).
In subsection (e), the word "affect" is substituted for "prevent" for clarity. The words "to such traffic" are omitted as surplus.
Pub. L. 104–287,

§5(68)(A)

This amends the catchline for 49:40118(d) to make a clarifying amendment.
Pub. L. 104–287,

§5(68)(B)

This amends 49:40118(f)(1) to make a clarifying amendment.
Editorial Notes

References in Text

Paragraphs (9) and (10) of section 103 of the Trafficking Victims Protection Act of 2000, referred to in subsec. (g)(1), were redesignated
pars. (11) and (12), respectively, of section 103 of that Act by Pub. L. 115–427, §2(1), Jan. 9, 2019, 132 Stat. 5503, and are classified to section
7102(11) and (12) of Title 22, Foreign Relations and Intercourse.

Amendments
2019—Subsec. (g). Pub. L. 115–425 added subsec. (g).
2018—Subsec. (f)(1). Pub. L. 115–232, §836(g)(9)(A), substituted "commercial products" for "commercial items".
Subsec. (f)(2). Pub. L. 115–232, §836(g)(9)(B), substituted "commercial product" for "commercial item".
2011—Subsec. (f)(2). Pub. L. 111–350 substituted "section 103 of title 41" for "section 4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12))".
2003—Subsec. (f)(2). Pub. L. 108–176 inserted ", except that it shall not include a contract for the transportation by air of passengers" before

period at end.
1998—Subsec. (d). Pub. L. 105–277, §1422(b)(6), substituted "or the Administrator of the Agency for International Development" for "the
Director of the United States International Development Cooperation Agency".
Pub. L. 105–277, §1335(p), struck out ", the Director of the United States Information Agency," after "Secretary of State".
Pub. L. 105–277, §1225(h), struck out ", or the Director of the Arms Control and Disarmament Agency" before "may be used to pay".
1996—Subsec. (c). Pub. L. 104–316 substituted "Administrator of General Services shall prescribe regulations under which agencies may" for
"Comptroller General shall".
Subsec. (d). Pub. L. 104–287, §5(68)(A), substituted "Certain Transportation by Air Outside the United States" for "Transportation by Foreign
Air Carriers" in heading.
Subsec. (f). Pub. L. 104–287, §5(68)(B), inserted heading.
1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment
Pub. L. 115–425, title I, §111(b), Jan. 8, 2019, 132 Stat. 5475, provided that: "The amendment made by subsection (a) [amending this section]
shall apply to any contract entered into after the date of enactment of this Act [Jan. 8, 2019] except for contracts entered into by the Secretary
of Defense."

Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an
Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section

8752 of Title 10, Armed Forces.

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

Effective Date of 1998 Amendment

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

Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251

of Title 41, Public Contracts.

1 See References in Text note below.

[§40119. Repealed. Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107–71, title I, §101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107–296, title
XVI, §1601(a), Nov. 25, 2002, 116 Stat. 2312; Pub. L. 111–83, title V, §561(c)(2), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 112–95, title VIII, §801, Feb.
14, 2012, 126 Stat. 118, related to research and development activities to protect passengers and property against acts of criminal violence,
aircraft piracy, and terrorism and to ensure security and regulations prohibiting disclosure of information obtained or developed in ensuring
security under this title.

§40120. Relationship to other laws
(a) Nonapplication.—Except as provided in the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and shipping laws of the
United States and the rules for the prevention of collisions do not apply to aircraft or to the navigation of vessels related to those aircraft.
(b) Extending Application Outside United States.—The President may extend (in the way and for periods the President considers necessary) the
application of this part to outside the United States when—
(1) an international arrangement gives the United States Government authority to make the extension; and
(2) the President decides the extension is in the national interest.
(c) Additional Remedies.—A remedy under this part is in addition to any other remedies provided by law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117.)
Historical and Revision Notes
Revised
Section
40120(a)

49 App.:1509(a).

40120(b)
40120(c)

49 App.:1510.
49 App.:1506.

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§1106,
1109(a), 1110, 72 Stat. 798, 799, 800.

In subsection (a), the words "International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.)" are substituted for "sections 143 to 147d of
title 33" because those sections were repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by
33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and

replaced by 33:1601–1608. The words "including any definition of 'vessel' or 'vehicle' found therein" and "be construed to" are omitted as
surplus.
In subsection (b), before clause (1), the words "to the extent", "of time", and "any areas of land or water" are omitted as surplus. The words
"and the overlying airspace thereof" are omitted as being included in "outside the United States". In clause (1), the words "treaty, agreement or
other lawful" and "necessary legal" are omitted as surplus.
Subsection (c) is substituted for 49 App.:1506 to eliminate unnecessary words and for clarity and consistency in the revised title and with
other titles of the United States Code.
Editorial Notes

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

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

§40121. Air traffic control modernization reviews
(a) Required Terminations of Acquisitions.—The Administrator of the Federal Aviation Administration shall terminate any acquisition program initiated
after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and funded under the Facilities and Equipment
account that—
(1) is more than 50 percent over the cost goal established for the program;
(2) fails to achieve at least 50 percent of the performance goals established for the program; or
(3) is more than 50 percent behind schedule as determined in accordance with the schedule goal established for the program.
(b) Authorized Termination of Acquisition Programs.—The Administrator shall consider terminating, under the authority of subsection (a), any
substantial acquisition program that—

(1) is more than 10 percent over the cost goal established for the program;
(2) fails to achieve at least 90 percent of the performance goals established for the program; or
(3) is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.
(c) Exceptions and Report.—
(1) Continuance of program, etc.—Notwithstanding subsection (a), the Administrator may continue an acquisitions program required to be terminated
under subsection (a) if the Administrator determines that termination would be inconsistent with the development or operation of the national air transportation
system in a safe and efficient manner.
(2) Department of defense.—The Department of Defense shall have the same exemptions from acquisition laws as are waived by the Administrator
under section 40110(d)(2) of this title when engaged in joint actions to improve or replenish the national air traffic control system. The Administration may
acquire real property, goods, and services through the Department of Defense, or other appropriate agencies, but is bound by the acquisition laws and
regulations governing those cases.
(3) Report.—If the Administrator makes a determination under paragraph (1), the Administrator shall transmit a copy of the determination, together with a
statement of the basis for the determination, to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 104–264, title II, §252, Oct. 9, 1996, 110 Stat. 3236; amended Pub. L. 106–181, title III, §307(c)(2), Apr. 5, 2000, 114 Stat. 126.)
Editorial Notes

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

Codification
Another section 40121 was renumbered section 40124 of this title.

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.
Statutory Notes and Related Subsidiaries

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

§40122. Federal Aviation Administration personnel management system

(a) In General.—
(1) Consultation and negotiation.—In developing and making changes to the personnel management system initially implemented by the Administrator
of the Federal Aviation Administration on April 1, 1996, the Administrator shall negotiate with the exclusive bargaining representatives of employees of the
Administration certified under section 7111 of title 5 and consult with other employees of the Administration.
(2) Dispute resolution.—
(A) Mediation.—If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the
exclusive bargaining representative of the employees, the Administrator and the bargaining representative—
(i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29,
Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or
(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collectivebargaining agreement.
(B) Mid-term bargaining.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of
issues in controversy arising from the negotiation of a mid-term collective-bargaining agreement, the Federal Service Impasses Panel shall assist the parties
in resolving the impasse in accordance with section 7119 of title 5.
(C) Binding arbitration for term bargaining.—
(i) Assistance from federal service impasses panel.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i)
do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the Administrator and the
exclusive bargaining representative of the employees (in this subparagraph referred to as the "parties") shall submit their issues in controversy to the
Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a
private arbitration board consisting of 3 members.
(ii) Appointment of arbitration board.—The Executive Director of the Panel shall provide for the appointment of the 3 members of a private
arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names
of arbitrators with Federal sector experience and by providing the list to the parties. Not later than 10 days after receiving the list, the parties shall each
select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list not later than 7 days after being
selected. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person in 7 days, the parties shall make the
selection by alternately striking names on the list until one arbitrator remains.
(iii) Framing issues in controversy.—If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board
shall frame the issues.
(iv) Hearings.—The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims
and an opportunity to present their case in person, by counsel, or by other representative as they may elect.
(v) Decisions.—The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall
be conclusive and binding upon the parties.
(vi) Matters for consideration.—The arbitration board shall take into consideration such factors as—
(I) the effect of its arbitration decisions on the Federal Aviation Administration's ability to attract and retain a qualified workforce;
(II) the effect of its arbitration decisions on the Federal Aviation Administration's budget; and
(III) any other factors whose consideration would assist the board in fashioning a fair and equitable award.
(vii) Costs.—The parties shall share costs of the arbitration equally.
(3) Ratification of agreements.—Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(C), the final
agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the
employees, if so requested by the bargaining representative, and the final agreement shall be subject to approval by the head of the agency in accordance
with the provisions referred to in subsection (g)(2)(C).
(4) Cost savings and productivity goals.—The Administration and the exclusive bargaining representatives of the employees shall use every
reasonable effort to find cost savings and to increase productivity within each of the affected bargaining units.
(5) Annual budget discussions.—The Administration and the exclusive bargaining representatives of the employees shall meet annually for the purpose
of finding additional cost savings within the Administration's annual budget as it applies to each of the affected bargaining units and throughout the agency.

(b) Expert Evaluation.—On the date that is 3 years after the personnel management system is implemented, the Administration shall employ outside
experts to provide an independent evaluation of the effectiveness of the system within 3 months after such date. For this purpose, the Administrator may utilize
the services of experts and consultants under section 3109 of title 5 without regard to the limitation imposed by the last sentence of section 3109(b) of such title,
and may contract on a sole source basis, notwithstanding any other provision of law to the contrary.
(c) Pay Restriction.—No officer or employee of the Administration may receive an annual rate of basic pay in excess of the annual rate of basic pay payable
to the Administrator.
(d) Ethics.—The Administration shall be subject to Executive Order No. 12674 and regulations and opinions promulgated by the Office of Government Ethics,
including those set forth in section 2635 of title 5 of the Code of Federal Regulations.
(e) Employee Protections.—Until July 1, 1999, basic wages (including locality pay) and operational differential pay provided employees of the
Administration shall not be involuntarily adversely affected by reason of the enactment of this section, except for unacceptable performance or by reason of a
reduction in force or reorganization or by agreement between the Administration and the affected employees' exclusive bargaining representative.
(f) Labor-Management Agreements.—Except as otherwise provided by this title, all labor-management agreements covering employees of the
Administration that are in effect on the effective date of the Air Traffic Management System Performance Improvement Act of 1996 shall remain in effect until
their normal expiration date, unless the Administrator and the exclusive bargaining representative agree to the contrary.
(g) Personnel Management System.—
(1) In general.—In consultation with the employees of the Administration and such non-governmental experts in personnel management systems as he
may employ, and notwithstanding the provisions of title 5 and other Federal personnel laws, the Administrator shall develop and implement, not later than
January 1, 1996, a personnel management system for the Administration that addresses the unique demands on the agency's workforce. Such a new system
shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel.
(2) Applicability of title 5.—The provisions of title 5 shall not apply to the new personnel management system developed and implemented pursuant to
paragraph (1), with the exception of—
(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;
(B) sections 3304(f), to the extent consistent with the Federal Aviation Administration's status as an excepted service agency, 3308–3320, 3330a, 3330b,
3330c, and 3330d, relating to veterans' preference;
(C) chapter 71, relating to labor-management relations;
(D) section 7204, relating to antidiscrimination;
(E) chapter 73, relating to suitability, security, and conduct;
(F) chapter 81, relating to compensation for work injury;
(G) chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage;
(H) sections 1204, 1211–1218, 1221, and 7701–7703, relating to the Merit Systems Protection Board;
(I) subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards) and subsections (b) and (c) of
section 4507a (relating to Meritorious Senior Professional or Distinguished Senior Professional rank awards), except that—
(i) for purposes of applying such provisions to the personnel management system—
(I) the term "agency" means the Department of Transportation;
(II) the term "senior executive" means a Federal Aviation Administration executive;
(III) the term "career appointee" means a Federal Aviation Administration career executive; and
(IV) the term "senior career employee" means a Federal Aviation Administration career senior professional;
(ii) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the
individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal
Aviation Administration Executive Compensation Plan; and
(iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the
individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal
Aviation Administration Executive Compensation Plan; and
(J) subject to paragraph (4) of this subsection, section 6329, relating to disabled veteran leave.

(3) Appeals to merit systems protection board.—Under the new personnel management system developed and implemented under paragraph (1), an
employee of the Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial review of any resulting final orders or
decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of March 31, 1996. Notwithstanding any other
provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.
(4) Certification of disabled veteran leave.—In order to verify that leave credited to an employee pursuant to paragraph (2)(J) is used for treating a
service-connected disability, that employee shall, notwithstanding section 6329(c) of title 5, submit to the Assistant Administrator for Human Resource
Management of the Federal Aviation Administration certification, in such form and manner as the Administrator of the Federal Aviation Administration may
prescribe, that the employee used that leave for purposes of being furnished treatment for that disability by a health care provider.
(5) Paid parental leave.—The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum,
consistent with the paid parental leave benefits provided under section 6382 of title 5.
(6) Effective date.—This subsection shall take effect on April 1, 1996.
(h) Right To Contest Adverse Personnel Actions.—An employee of the Federal Aviation Administration who is the subject of a major adverse personnel
action may contest the action either through any contractual grievance procedure that is applicable to the employee as a member of the collective bargaining
unit or through the Administration's internal process relating to review of major adverse personnel actions of the Administration, known as Guaranteed Fair
Treatment, or under section 40122(g)(3).
(i) Election of Forum.—Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual
grievance procedure, the Federal Aviation Administration's internal process, or that of the Merit Systems Protection Board), an employee must elect the forum
through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless
otherwise allowed by law.
(j) Definition.—In this section, the term "major adverse personnel action" means a suspension of more than 14 days, a reduction in pay or grade, a removal
for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of
appropriations or an enactment by Congress), or a reduction in force action.
(Added Pub. L. 104–264, title II, §253, Oct. 9, 1996, 110 Stat. 3237; amended Pub. L. 106–181, title III, §§307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126; Pub. L.
112–95, title VI, §§601, 602, 611, Feb. 14, 2012, 126 Stat. 109, 111, 117; Pub. L. 114–242, §2(a), (b), Oct. 7, 2016, 130 Stat. 978; Pub. L. 115–254, div. B, title V,
§531, Oct. 5, 2018, 132 Stat. 3366; Pub. L. 116–283, div. A, title XI, §1103(c)(1), Jan. 1, 2021, 134 Stat. 3887.)
Editorial Notes

References in Text
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Pub.

L. 112–95, which was approved Feb. 14, 2012.

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

Amendments
2021—Subsec. (g)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6).
2018—Subsec. (g)(2)(B). Pub. L. 115–254 inserted "3304(f), to the extent consistent with the Federal Aviation Administration's status as an

excepted service agency," before "3308–3320" and "3330a, 3330b, 3330c, and 3330d," before "relating".
2016—Subsec. (g)(2)(J). Pub. L. 114–242, §2(a), added subpar. (J).
Subsec. (g)(4), (5). Pub. L. 114–242, §2(b), added par. (4) and redesignated former par. (4) as (5).
2012—Subsec. (a)(2) to (5). Pub. L. 112–95, §601, added pars. (2) and (3), redesignated former pars. (3) and (4) as (4) and (5), respectively,
and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "If the Administrator does not reach an agreement under

paragraph (1) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to
attempt to reach such agreement. If the services of the Federal Mediation and Conciliation Service do not lead to an agreement, the
Administrator's proposed change to the personnel management system shall not take effect until 60 days have elapsed after the Administrator
has transmitted the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for
such objections, to Congress. The 60-day period shall not include any period during which Congress has adjourned sine die."
Subsec. (g)(2)(I). Pub. L. 112–95, §602, added subpar. (I).
Subsec. (g)(3). Pub. L. 112–95, §611, inserted at end "Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall
have the same remedial authority over such employee appeals that it had as of March 31, 1996."
2000—Subsec. (a)(2). Pub. L. 106–181, §308(a), inserted at end "The 60-day period shall not include any period during which Congress has
adjourned sine die."
Subsec. (g). Pub. L. 106–181, §307(a), added subsec. (g).
Subsecs. (h) to (j). Pub. L. 106–181, §308(b), added subsecs. (h) to (j).
Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title XI, §1103(c)(2), Jan. 1, 2021, 134 Stat. 3887, provided that: "The amendments made by paragraph (1) [amending
this section] shall apply with respect to any birth or placement occurring on or after October 1, 2020."

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Rule of Construction
Pub. L. 116–283, div. A, title XI, §1103(c)(3), Jan. 1, 2021, 134 Stat. 3887, provided that: "Nothing in this subsection, or any amendment made
by this subsection [amending this section], may be construed to affect leave provided to an employee of the Transportation Security
Administration before October 1, 2020."

Deemed References to Chapters 509 and 511 of Title 51
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see
section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Office of Investigations and Professional Responsibility; Misconduct Investigations
Pub. L. 116–260, div. V, title I, §133(c), (d), Dec. 27, 2020, 134 Stat. 2355, provided that:
"(c) Office of Investigations and Professional Responsibility.—The Administrator shall take such action as may be necessary to

redesignate the Office of Investigations of the Administration as the Office of Investigations and Professional Responsibility.
"(d) Misconduct Investigations.—

"(1) In general.—The Administrator shall review and revise the Administration's existing investigative policies that govern the
investigation of misconduct by a manager of the Administration conducted by the FAA (in this subsection referred to as the 'Agency').
"(2) Preservation of collective bargaining agreements.—The investigative policy established under paragraph (1) shall not apply to, or
in the future, be extended by the Administrator to apply to, any employee who is not a manager or is covered by or eligible to be covered by
a collective bargaining agreement entered into by the Agency.
"(3) Requirements.—In revising the investigative policies, the Administrator shall ensure such policies require—
"(A) the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and
reporting of such investigation;
"(B) the management of case files to ensure the integrity of the information contained in such case files;
"(C) interviews be conducted in a manner that ensures, to the greatest extent possible, truthful answers and accurate records of
such interviews;
"(D) coordination with the Office of the Inspector General of the Department of Transportation, the Office of the Special Counsel,
and the Attorney General, as appropriate; and
"(E) the completion of investigations in a timely manner.
"(4) Definition.—For purposes of this subsection, the term 'manager' means an employee of the Agency who is a supervisor or
management official, as defined in section 7103(a) of title 5, United States Code."
[For definitions of terms used in section 133(c), (d) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set
out as a note under section 40101 of this title.]

Application of 2016 Amendment
Pub. L. 114–242, §2(c), Oct. 7, 2016, 130 Stat. 978, provided that: "The amendments made by this section [amending this section] shall apply
with respect to any employee of the Federal Aviation Administration hired on or after the date that is one year after the date of the enactment
of this Act [Oct. 7, 2016]."

Policies and Procedures
Pub. L. 114–242, §2(d), Oct. 7, 2016, 130 Stat. 978, provided that: "Not later than 270 days after the date of the enactment of this Act [Oct. 7,
2016], the Administrator of the Federal Aviation Administration shall prescribe policies and procedures to carry out the amendments made by
this section [amending this section] that are comparable, to the maximum extent practicable, to the regulations prescribed by the Office of
Personnel Management under section 6329 of title 5, United States Code."

§40123. Protection of voluntarily submitted information
(a) In General.—Notwithstanding any other provision of law, neither the Administrator of the Federal Aviation Administration, nor any agency receiving
information from the Administrator, shall disclose voluntarily-provided safety or security related information if the Administrator finds that—
(1) the disclosure of the information would inhibit the voluntary provision of that type of information and that the receipt of that type of information aids in
fulfilling the Administrator's safety and security responsibilities; and
(2) withholding such information from disclosure would be consistent with the Administrator's safety and security responsibilities.
(b) Regulations.—The Administrator shall issue regulations to carry out this section.
(Added Pub. L. 104–264, title IV, §402(a), Oct. 9, 1996, 110 Stat. 3255.)
Statutory Notes and Related Subsidiaries

Effective Date

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

Improved Voluntary Disclosure Reporting System
Pub. L. 112–95, title III, §344, Feb. 14, 2012, 126 Stat. 81, provided that:
"(a) Voluntary Disclosure Reporting Program Defined.—In this section, the term 'Voluntary Disclosure Reporting Program' means the

program established by the Federal Aviation Administration through Advisory Circular 00–58A, dated September 8, 2006, including any
subsequent revisions thereto.
"(b) Verification.—The Administrator of the Federal Aviation Administration shall modify the Voluntary Disclosure Reporting Program to
require inspectors to—
"(1) verify that air carriers are implementing comprehensive solutions to correct the underlying causes of the violations voluntarily
disclosed by such air carriers; and
"(2) confirm, before approving a final report of a violation, that a violation with the same root causes, has not been previously
discovered by an inspector or self-disclosed by the air carrier.
"(c) Supervisory Review of Voluntary Self-Disclosures.—The Administrator shall establish a process by which voluntary self-disclosures
received from air carriers are reviewed and approved by a supervisor after the initial review by an inspector.
"(d) Inspector General Study.—
"(1) In general.—The Inspector General of the Department of Transportation shall conduct a study of the Voluntary Disclosure
Reporting Program.
"(2) Review.—In conducting the study, the Inspector General shall examine, at a minimum, if the Administration—
"(A) conducts comprehensive reviews of voluntary disclosure reports before closing a voluntary disclosure report under the
provisions of the program;
"(B) evaluates the effectiveness of corrective actions taken by air carriers; and
"(C) effectively prevents abuse of the voluntary disclosure reporting program through its secondary review of self-disclosures
before they are accepted and closed by the Administration.
"(3) Report to congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Inspector General shall
submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study conducted under this section."

§40124. Interstate agreements for airport facilities
Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility.
(Added Pub. L. 104–287, §5(69)(A), Oct. 11, 1996, 110 Stat. 3395, §40121; renumbered §40124, Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)

Historical and Revision Notes
This restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.
Editorial Notes

Amendments
1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.

Statutory Notes and Related Subsidiaries

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

§40125. Qualifications for public aircraft status
(a) Definitions.—In this section, the following definitions apply:
(1) Commercial purposes.—The term "commercial purposes" means the transportation of persons or property for compensation or hire, but does not
include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive,
in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose
behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant
and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat.
(2) Governmental function.—The term "governmental function" means an activity undertaken by a government, such as national defense, intelligence
missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, or biological
or geological resource management.
(3) Qualified non-crewmember.—The term "qualified non-crewmember" means an individual, other than a member of the crew, aboard an aircraft—
(A) operated by the armed forces or an intelligence agency of the United States Government; or
(B) whose presence is required to perform, or is associated with the performance of, a governmental function.
(4) Armed forces.—The term "armed forces" has the meaning given such term by section 101 of title 10.
(b) Aircraft Owned by Governments.—An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public
aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.
(c) Aircraft Owned or Operated by the Armed Forces.—
(1) In general.—Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if—
(A) the aircraft is operated in accordance with title 10;
(B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes;
or
(C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of
the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest.
(2) Limitation.—An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of
Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the
Department of Defense.
(d) Search and Rescue Purposes.—An aircraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the
government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as
a public aircraft if the Administrator determines that—
(1) there are extraordinary circumstances;
(2) the aircraft will be used for the performance of search and rescue missions;
(3) a community would not otherwise have access to search and rescue services; and
(4) a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.

(Added Pub. L. 106–181, title VII, §702(b)(1), Apr. 5, 2000, 114 Stat. 155; amended Pub. L. 110–181, div. A, title X, §1078(b), (c), Jan. 28, 2008, 122 Stat. 334;
Pub. L. 112–141, div. C, title V, §35003, July 6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title III, §355(b), Oct. 5, 2018, 132 Stat. 3305.)
Editorial Notes

Amendments
2018—Subsec. (b). Pub. L. 115–254 substituted "(D), or (F)" for "or (D)".
2012—Subsec. (d). Pub. L. 112–141 added subsec. (d).
2008—Subsec. (b). Pub. L. 110–181, §1078(c)(1), substituted "section 40102(a)(41)" for "section 40102(a)(37)".
Subsec. (c)(1). Pub. L. 110–181, §1078(c)(2), substituted "section 40102(a)(41)(E)" for "section 40102(a)(37)(E)" in introductory provisions.
Subsec. (c)(1)(C). Pub. L. 110–181, §1078(b), inserted "or other commercial air service" after "transportation".
Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of
2012 Amendment note under section 101 of Title 23, Highways.

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

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

§40126. Severable services contracts for periods crossing fiscal years
(a) In General.—The Administrator of the Federal Aviation Administration may enter into a contract for procurement of severable services for a period that
begins in 1 fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed 1
year.
(b) Obligation of Funds.—Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of
subsection (a).
(Added Pub. L. 106–181, title VII, §705(a), Apr. 5, 2000, 114 Stat. 157.)
Statutory Notes and Related Subsidiaries

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

§40127. Prohibitions on discrimination
(a) Persons in Air Transportation.—An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race,
color, national origin, religion, sex, or ancestry.
(b) Use of Private Airports.—Notwithstanding any other provision of law, no State or local government may prohibit the use or full enjoyment of a private
airport within its jurisdiction by any person on the basis of that person's race, color, national origin, religion, sex, or ancestry.
(Added Pub. L. 106–181, title VII, §706(a), Apr. 5, 2000, 114 Stat. 157.)
Statutory Notes and Related Subsidiaries

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

Training Policies Regarding Racial, Ethnic, and Religious Nondiscrimination
Pub. L. 115–254, div. B, title IV, §407, Oct. 5, 2018, 132 Stat. 3330, provided that:
"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Oct. 5, 2018], the Comptroller General of the United

States shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and
Committee on Transportation and Infrastructure of the House of Representatives] and the Secretary of Transportation a report describing—
"(1) each air carrier's training policy for its employees and contractors regarding racial, ethnic, and religious nondiscrimination; and
"(2) how frequently an air carrier is required to train new employees and contractors because of turnover in positions that require such
training.
"(b) Best Practices.—After the date the report is submitted under subsection (a), the Secretary shall develop and disseminate to air carriers
best practices necessary to improve the training policies described in subsection (a), based on the findings of the report and in consultation
with—
"(1) passengers of diverse racial, ethnic, and religious backgrounds;
"(2) national organizations that represent impacted communities;
"(3) air carriers;
"(4) airport operators; and
"(5) contract service providers."

§40128. Overflights of national parks
(a) In General.—
(1) General requirements.—A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as
defined by this section, except—
(A) in accordance with this section;
(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and
(C) in accordance with any applicable air tour management plan or voluntary agreement under subsection (b)(7) for the park or tribal lands.
(2) Application for operating authority.—
(A) Application required.—Before commencing commercial air tour operations over a national park or tribal lands, a commercial air tour operator shall
apply to the Administrator for authority to conduct the operations over the park or tribal lands.

(B) Competitive bidding for limited capacity parks.—Whenever an air tour management plan limits the number of commercial air tour operations
over a national park during a specified time frame, the Administrator, in cooperation with the Director, shall issue operation specifications to commercial air
tour operators that conduct such operations. The operation specifications shall include such terms and conditions as the Administrator and the Director find
necessary for management of commercial air tour operations over the park. The Administrator, in cooperation with the Director, shall develop an open
competitive process for evaluating proposals from persons interested in providing commercial air tour operations over the park. In making a selection from
among various proposals submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, including—
(i) the safety record of the person submitting the proposal or pilots employed by the person;
(ii) any quiet aircraft technology proposed to be used by the person submitting the proposal;
(iii) the experience of the person submitting the proposal with commercial air tour operations over other national parks or scenic areas;
(iv) the financial capability of the person submitting the proposal;
(v) any training programs for pilots provided by the person submitting the proposal; and
(vi) responsiveness of the person submitting the proposal to any relevant criteria developed by the National Park Service for the affected park.
(C) Number of operations authorized.—In determining the number of authorizations to issue to provide commercial air tour operations over a national
park, the Administrator, in cooperation with the Director, shall take into consideration the provisions of the air tour management plan, the number of existing
commercial air tour operators and current level of service and equipment provided by any such operators, and the financial viability of each commercial air
tour operation.
(D) Cooperation with nps.—Before granting an application under this paragraph, the Administrator, in cooperation with the Director, shall develop an air
tour management plan in accordance with subsection (b) and implement such plan.
(E) Time limit on response to atmp applications.—The Administrator shall make every effort to act on any application under this paragraph and issue
a decision on the application not later than 24 months after it is received or amended.
(F) Priority.—In acting on applications under this paragraph to provide commercial air tour operations over a national park, the Administrator shall give
priority to an application under this paragraph in any case in which a new entrant commercial air tour operator is seeking operating authority with respect to
that national park.
(3) Exception.—Notwithstanding paragraph (1), commercial air tour operators may conduct commercial air tour operations over a national park under part
91 of title 14, Code of Federal Regulations if—
(A) such activity is permitted under part 119 of such title;
(B) the operator secures a letter of agreement from the Administrator and the national park superintendent for that national park describing the conditions
under which the operations will be conducted; and
(C) the total number of operations under this exception is limited to not more than five flights in any 30-day period over a particular park.
(4) Special rule for safety requirements.—Notwithstanding subsection (c), an existing commercial air tour operator shall apply, not later than 90 days
after the date of the enactment of this section, for operating authority under part 119, 121, or 135 of title 14, Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for such authority before conducting commercial air tour operations over a national park or tribal lands. The
Administrator shall make every effort to act on any such application for a new entrant and issue a decision on the application not later than 24 months after it is
received or amended.
(5) Exemption for national parks with 50 or fewer flights each year.—
(A) In general.—Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour operations over the park each year shall be
exempt from the requirements of this section, except as provided in subparagraph (B).
(B) Withdrawal of exemption.—If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park
resources and values or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A).
(C) List of parks.—
(i) In general.—The Director and Administrator shall jointly publish a list each year of national parks that are covered by the exemption provided under
this paragraph.
(ii) Notification of withdrawal of exemption.—The Director shall inform the Administrator, in writing, of each determination to withdraw an
exemption under subparagraph (B).

(D) Annual report.—A commercial air tour operator conducting commercial air tour operations over a national park that is exempt from the
requirements of this section shall submit to the Administrator and the Director a report each year that includes the number of commercial air tour operations
the operator conducted during the preceding 1-year period over such park.
(b) Air Tour Management Plans.—
(1) Establishment.—
(A) In general.—The Administrator, in cooperation with the Director, shall establish an air tour management plan for any national park or tribal land for
which such a plan is not in effect whenever a person applies for authority to conduct a commercial air tour operation over the park. The air tour management
plan shall be developed by means of a public process in accordance with paragraph (4).
(B) Objective.—The objective of any air tour management plan shall be to develop acceptable and effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air tour operations upon the natural and cultural resources, visitor experiences, and tribal lands.
(C) Exception.—An application to begin or expand commercial air tour operations at Crater Lake National Park or Great Smoky Mountains National Park
may be denied without the establishment of an air tour management plan by the Director of the National Park Service if the Director determines that such
operations would adversely affect park resources or visitor experiences.
(2) Environmental determination.—In establishing an air tour management plan under this subsection, the Administrator and the Director shall each sign
the environmental decision document required by section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) which may include a finding
of no significant impact, an environmental assessment, or an environmental impact statement and the record of decision for the air tour management plan.
(3) Contents.—An air tour management plan for a national park—
(A) may prohibit commercial air tour operations over a national park in whole or in part;
(B) may establish conditions for the conduct of commercial air tour operations over a national park, including commercial air tour routes, maximum or
minimum altitudes, time-of-day restrictions, restrictions for particular events, maximum number of flights per unit of time, intrusions on privacy on tribal
lands, and mitigation of noise, visual, or other impacts;
(C) shall apply to all commercial air tour operations over a national park that are also within ½ mile outside the boundary of a national park;
(D) shall include incentives (such as preferred commercial air tour routes and altitudes, relief from caps and curfews) for the adoption of quiet aircraft
technology by commercial air tour operators conducting commercial air tour operations over a national park;
(E) shall provide for the initial allocation of opportunities to conduct commercial air tour operations over a national park if the plan includes a limitation on
the number of commercial air tour operations for any time period; and
(F) shall justify and document the need for measures taken pursuant to subparagraphs (A) through (E) and include such justifications in the record of
decision.
(4) Procedure.—In establishing an air tour management plan for a national park or tribal lands, the Administrator and the Director shall—
(A) hold at least one public meeting with interested parties to develop the air tour management plan;
(B) publish the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public;
(C) comply with the regulations set forth in sections 1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal Regulations (for purposes of complying
with the regulations, the Federal Aviation Administration shall be the lead agency and the National Park Service is a cooperating agency); and
(D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in a commercial air tour operation over the
park or tribal lands to which the plan applies, as a cooperating agency under the regulations referred to in subparagraph (C).
(5) Judicial review.—An air tour management plan developed under this subsection shall be subject to judicial review.
(6) Amendments.—The Administrator, in cooperation with the Director, may make amendments to an air tour management plan. Any such amendments
shall be published in the Federal Register for notice and comment. A request for amendment of an air tour management plan shall be made in such form and
manner as the Administrator may prescribe.
(7) Voluntary agreements.—
(A) In general.—As an alternative to an air tour management plan, the Director and the Administrator may enter into a voluntary agreement with a
commercial air tour operator (including a new entrant commercial air tour operator and an operator that has interim operating authority) that has applied to
conduct commercial air tour operations over a national park to manage commercial air tour operations over such national park.

(B) Park protection.—A voluntary agreement under this paragraph with respect to commercial air tour operations over a national park shall address the
management issues necessary to protect the resources of such park and visitor use of such park without compromising aviation safety or the air traffic
control system and may—
(i) include provisions such as those described in subparagraphs (B) through (E) of paragraph (3);
(ii) include provisions to ensure the stability of, and compliance with, the voluntary agreement; and
(iii) provide for fees for such operations.
(C) Public review.—The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this
paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary
agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further
administrative or environmental process beyond that described in this subsection.
(D) Termination.—
(i) In general.—A voluntary agreement under this paragraph may be terminated at any time at the discretion of—
(I) the Director, if the Director determines that the agreement is not adequately protecting park resources or visitor experiences; or
(II) the Administrator, if the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system.
(ii) Effect of termination.—If a voluntary agreement with respect to a national park is terminated under this subparagraph, the operators shall
conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for the park is in effect.
(c) Interim Operating Authority.—
(1) In general.—Upon application for operating authority, the Administrator shall grant interim operating authority under this subsection to a commercial air
tour operator for commercial air tour operations over a national park or tribal lands for which the operator is an existing commercial air tour operator.
(2) Requirements and limitations.—Interim operating authority granted under this subsection—
(A) shall provide annual authorization only for the greater of—
(i) the number of flights used by the operator to provide the commercial air tour operations over a national park within the 12-month period prior to the
date of the enactment of this section; or
(ii) the average number of flights per 12-month period used by the operator to provide such operations within the 36-month period prior to such date of
enactment, and, for seasonal operations, the number of flights so used during the season or seasons covered by that 12-month period;
(B) may not provide for an increase in the number of commercial air tour operations over a national park conducted during any time period by the
commercial air tour operator above the number that the air tour operator was originally granted unless such an increase is agreed to by the Administrator
and the Director;
(C) shall be published in the Federal Register to provide notice and opportunity for comment;
(D) may be revoked by the Administrator for cause;
(E) shall terminate 180 days after the date on which an air tour management plan is established for the park or tribal lands;
(F) shall promote protection of national park resources, visitor experiences, and tribal lands;
(G) shall promote safe commercial air tour operations;
(H) shall promote the adoption of quiet technology, as appropriate; and
(I) may allow for modifications of the interim operating authority without further environmental review beyond that described in this subsection, if—
(i) adequate information regarding the existing and proposed operations of the operator under the interim operating authority is provided to the
Administrator and the Director;
(ii) the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; and
(iii) the Director agrees with the modification, based on the professional expertise of the Director regarding the protection of the resources, values, and
visitor use and enjoyment of the park.
(3) New entrant air tour operators.—
(A) In general.—The Administrator, in cooperation with the Director, may grant interim operating authority under this paragraph to an air tour operator for
a national park or tribal lands for which that operator is a new entrant air tour operator without further environmental process beyond that described in this

paragraph, if—
(i) adequate information on the proposed operations of the operator is provided to the Administrator and the Director by the operator making the
request;
(ii) the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; and
(iii) the Director agrees, based on the Director's professional expertise regarding the protection of park resources and values and visitor use and
enjoyment.
(B) Safety limitation.—The Administrator may not grant interim operating authority under subparagraph (A) if the Administrator determines that it would
create a safety problem at the park or on the tribal lands, or the Director determines that it would create a noise problem at the park or on the tribal lands.
(C) ATMP limitation.—The Administrator may grant interim operating authority under subparagraph (A) of this paragraph only if the air tour management
plan for the park or tribal lands to which the application relates has not been developed within 24 months after the date of the enactment of this section.
(d) Commercial Air Tour Operator Reports.—
(1) Report.—Each commercial air tour operator conducting a commercial air tour operation over a national park under interim operating authority granted
under subsection (c) or in accordance with an air tour management plan or voluntary agreement under subsection (b) shall submit to the Administrator and the
Director a report regarding the number of commercial air tour operations over each national park that are conducted by the operator and such other
information as the Administrator and Director may request in order to facilitate administering the provisions of this section.
(2) Report submission.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator and the
Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and the Director with a
frequency and in a format prescribed by the Administrator and the Director.
(e) Exemptions.—This section shall not apply to—
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand Canyon National Park.
(f) Lake Mead.—This section shall not apply to any air tour operator while flying over or near the Lake Mead National Recreation Area, solely as a
transportation route, to conduct an air tour over the Grand Canyon National Park. For purposes of this subsection, an air tour operator flying over the Hoover
Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route.
(g) Definitions.—In this section, the following definitions apply:
(1) Commercial air tour operator.—The term "commercial air tour operator" means any person who conducts a commercial air tour operation over a
national park.
(2) Existing commercial air tour operator.—The term "existing commercial air tour operator" means a commercial air tour operator that was actively
engaged in the business of providing commercial air tour operations over a national park at any time during the 12-month period ending on the date of the
enactment of this section.
(3) New entrant commercial air tour operator.—The term "new entrant commercial air tour operator" means a commercial air tour operator that—
(A) applies for operating authority as a commercial air tour operator for a national park or tribal lands; and
(B) has not engaged in the business of providing commercial air tour operations over the national park or tribal lands in the 12-month period preceding the
application.
(4) Commercial air tour operation over a national park.—
(A) In general.—The term "commercial air tour operation over a national park" means any flight, conducted for compensation or hire in a powered
aircraft where a purpose of the flight is sightseeing over a national park, within ½ mile outside the boundary of any national park (except the Grand Canyon
National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park), during which the aircraft flies—
(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff
or landing, or necessary for safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the
pilot-in-command to take action to ensure the safe operation of the aircraft); or
(ii) less than 1 mile laterally from any geographic feature within the park (unless more than ½ mile outside the boundary).

(B) Factors to consider.—In making a determination of whether a flight is a commercial air tour operation over a national park for purposes of this
section, the Administrator may consider—
(i) whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;
(ii) whether a narrative that referred to areas or points of interest on the surface below the route of the flight was provided by the person offering the
flight;
(iii) the area of operation;
(iv) the frequency of flights conducted by the person offering the flight;
(v) the route of flight;
(vi) the inclusion of sightseeing flights as part of any travel arrangement package offered by the person offering the flight;
(vii) whether the flight would have been canceled based on poor visibility of the surface below the route of the flight; and
(viii) any other factors that the Administrator and the Director consider appropriate.
(5) National park.—The term "national park" means any unit of the National Park System.
(6) Tribal lands.—The term "tribal lands" means Indian country (as that term is defined in section 1151 of title 18) that is within or abutting a national park.
(7) Administrator.—The term "Administrator" means the Administrator of the Federal Aviation Administration.
(8) Director.—The term "Director" means the Director of the National Park Service.
(Added Pub. L. 106–181, title VIII, §803(a), Apr. 5, 2000, 114 Stat. 186; amended Pub. L. 108–176, title III, §323(a), Dec. 12, 2003, 117 Stat. 2541; Pub. L. 109–
115, div. A, title I, §177, Nov. 30, 2005, 119 Stat. 2427; Pub. L. 112–95, title V, §501, Feb. 14, 2012, 126 Stat. 100; Pub. L. 112–141, div. C, title V, §35002, July
6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title V, §539(c), Oct. 5, 2018, 132 Stat. 3370.)
Editorial Notes

References in Text
The date of the enactment of this section, referred to in subsecs. (a)(4), (c)(2)(A), (3)(C), and (g)(2), is the date of enactment of Pub. L. 106–

181, which was approved Apr. 5, 2000.

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d)(2), is the date of enactment of Pub. L.

112–95, which was approved Feb. 14, 2012.

Amendments
2018—Subsec. (a)(3). Pub. L. 115–254 substituted "under part 91 of title 14," for "under part 91 of the title 14,".
2012—Subsec. (a)(1)(C). Pub. L. 112–95, §501(a), inserted "or voluntary agreement under subsection (b)(7)" before "for the park".
Subsec. (a)(5). Pub. L. 112–95, §501(b), added par. (5).
Subsec. (b)(1)(C). Pub. L. 112–141 amended subpar. (C) generally. Prior to amendment, text read as follows: "An application to begin

commercial air tour operations at Crater Lake National Park may be denied without the establishment of an air tour management plan by the
Director of the National Park Service if the Director determines that such operations would adversely affect park resources or visitor
experiences."
Pub. L. 112–95, §501(c)(1), added subpar. (C).
Subsec. (b)(7). Pub. L. 112–95, §501(c)(2), added par. (7).
Subsec. (c)(2)(I). Pub. L. 112–95, §501(d)(1), added subpar. (I) and struck out former subpar. (I) which read as follows: "shall allow for
modifications of the interim operating authority based on experience if the modification improves protection of national park resources and
values and of tribal lands."
Subsec. (c)(3)(A). Pub. L. 112–95, §501(d)(2), substituted "without further environmental process beyond that described in this paragraph, if
—" for "if the Administrator determines the authority is necessary to ensure competition in the provision of commercial air tour operations over
the park or tribal lands." and added cls. (i) to (iii).
Subsecs. (d) to (g). Pub. L. 112–95, §501(e), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

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

Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of
2012 Amendment note under section 101 of Title 23, Highways.

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

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

Overflights in Grand Canyon National Park
Pub. L. 112–141, div. C, title V, §35001, July 6, 2012, 126 Stat. 842, provided that:
"(a) Determinations With Respect to Substantial Restoration of Natural Quiet and Experience.—
"(1) In general.—Notwithstanding any other provision of law, for purposes of section 3(b)(1) of Public Law 100–91 ([former] 16 U.S.C. 1a–

1 note [now set out below]), the substantial restoration of the natural quiet and experience of the Grand Canyon National Park (in this
section referred to as the 'Park') shall be considered to be achieved in the Park if, for at least 75 percent of each day, 50 percent of the Park
is free of sound produced by commercial air tour operations that have an allocation to conduct commercial air tours in the Park as of the
date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes
under section 101 of Title 23, Highways].
"(2) Considerations.—
"(A) In general.—For purposes of determining whether substantial restoration of the natural quiet and experience of the Park has
been achieved in accordance with paragraph (1), the Secretary of the Interior (in this section referred to as the 'Secretary') shall use—
"(i) the 2-zone system for the Park in effect on the date of enactment of this Act to assess impacts relating to substantial
restoration of natural quiet at the Park, including—
     "(I) the thresholds for noticeability and audibility; and

     "(II) the distribution of land between the 2 zones; and
"(ii) noise modeling science that is—
     "(I) developed for use at the Park, specifically Integrated Noise Model Version 6.2;
     "(II) validated by reasonable standards for conducting field observations of model results; and
     "(III) accepted and validated by the Federal Interagency Committee on Aviation Noise.
"(B) Sound from other sources.—The Secretary shall not consider sound produced by sources other than commercial air tour
operations, including sound emitted by other types of aircraft operations or other noise sources, for purposes of—
"(i) making recommendations, developing a final plan, or issuing regulations relating to commercial air tour operations in the
Park; or
"(ii) determining under paragraph (1) whether substantial restoration of the natural quiet and experience of the Park has been
achieved.
"(3) Continued monitoring.—The Secretary shall continue monitoring noise from aircraft operating over the Park below 17,999 feet MSL
to ensure continued compliance with the substantial restoration of natural quiet and experience of the Park.
"(4) Day defined.—For purposes of this section, the term 'day' means the hours between 7:00 a.m. and 7:00 p.m.
"(b) Conversion to Quiet Technology Aircraft.—
"(1) In general.—Not later than 15 years after the date of enactment of this Act, all commercial air tour aircraft operating in the Grand
Canyon National Park Special Flight Rules Area shall be required to fully convert to quiet aircraft technology (as determined in accordance
with regulations in effect on the day before the date of enactment of this Act).
"(2) Conversion incentives.—Not later than 60 days after the date of enactment of this Act, the Secretary and the Administrator of the
Federal Aviation Administration shall provide incentives for commercial air tour operators that convert to quiet aircraft technology (as
determined in accordance with the regulations in effect on the day before the date of enactment of this Act) before the date specified in
paragraph (1), such as increasing the flight allocations for such operators on a net basis consistent with section 804(c) of the National
Park[s] Air Tours [Tour] Management Act of 2000 (title VIII of Public Law 106–181) [set out below], provided that the cumulative impact of such
operations does not increase noise at Grand Canyon National Park."

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

Quiet Technology Rulemaking for Air Tours Over Grand Canyon National Park
Pub. L. 108–176, title III, §323(b), Dec. 12, 2003, 117 Stat. 2541, provided that:
"(1) Deadline for rule.—No later than January 2005, the Secretary of Transportation shall issue a final rule to establish standards for quiet

technology that are reasonably achievable at Grand Canyon National Park, based on the Supplemental Notice of Proposed Rulemaking on
Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park, published in the Federal Register on March 24, 2003.
"(2) Resolution of disputes.—Subject to applicable administrative law and procedures, if the Secretary determines that a dispute among
interested parties (including outside groups) or government agencies cannot be resolved within a reasonable time frame and could delay
finalizing the rulemaking described in subsection (a), or implementation of final standards under such rule, due to controversy over adoption of
quiet technology routes, establishment of incentives to encourage adoption of such routes, establishment of incentives to encourage adoption
of quite technology, or other measures to achieve substantial restoration of natural quiet, the Secretary shall refer such dispute to a recognized
center for environmental conflict resolution."

National Parks Air Tour Management
Pub. L. 106–181, title VIII, Apr. 5, 2000, 114 Stat. 185, as amended by Pub. L. 106–528, §8(b), Nov. 22, 2000, 114 Stat. 2522, provided that:

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

"SEC. 802. FINDINGS.
"Congress finds that—
"(1) the Federal Aviation Administration has sole authority to control airspace over the United States;
"(2) the Federal Aviation Administration has the authority to preserve, protect, and enhance the environment by minimizing, mitigating,
or preventing the adverse effects of aircraft overflights on public and tribal lands;
"(3) the National Park Service has the responsibility of conserving the scenery and natural and historic objects and wildlife in national
parks and of providing for the enjoyment of the national parks in ways that leave the national parks unimpaired for future generations;
"(4) the protection of tribal lands from aircraft overflights is consistent with protecting the public health and welfare and is essential to
the maintenance of the natural and cultural resources of Indian tribes;
"(5) the National Parks Overflights Working Group, composed of general aviation, commercial air tour, environmental, and Native
American representatives, recommended that the Congress enact legislation based on the Group's consensus work product; and
"(6) this title reflects the recommendations made by that Group.
"SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
"(a) In General.—[Enacted this section.]
"(b) Conforming Amendment.—[Amended analysis for chapter 401 of this title.]
"(c) Compliance With Other Regulations.—For purposes of section 40128 of title 49, United States Code—
"(1) regulations issued by the Secretary of Transportation and the Administrator [of the Federal Aviation Administration] under section 3
of Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]); and
"(2) commercial air tour operations carried out in compliance with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40128.
"SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
"(a) Quiet Technology Requirements.—Within 12 months after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall
designate reasonably achievable requirements for fixed-wing and helicopter aircraft necessary for such aircraft to be considered as employing
quiet aircraft technology for purposes of this section. If the Administrator determines that the Administrator will not be able to make such
designation before the last day of such 12-month period, the Administrator shall transmit to Congress a report on the reasons for not meeting
such time period and the expected date of such designation.
"(b) Routes or Corridors.—In consultation with the Director and the advisory group established under section 805, the Administrator shall
establish, by rule, routes or corridors for commercial air tour operations (as defined in section 40128(f) of title 49, United States Code) by fixed-wing
and helicopter aircraft that employ quiet aircraft technology for—
"(1) tours of the Grand Canyon originating in Clark County, Nevada; and
"(2) 'local loop' tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas that will not negatively impact the substantial restoration of natural quiet, tribal
lands, or safety.
"(c) Operational Caps.—Commercial air tour operations by any fixed-wing or helicopter aircraft that employs quiet aircraft technology and
that replaces an existing aircraft shall not be subject to the operational flight allocations that apply to other commercial air tour operations of
the Grand Canyon, provided that the cumulative impact of such operations does not increase noise at the Grand Canyon.
"(d) Modification of Existing Aircraft To Meet Standards.—A commercial air tour operation by a fixed-wing or helicopter aircraft in a
commercial air tour operator's fleet on the date of the enactment of this Act [Apr. 5, 2000] that meets the requirements designated under
subsection (a), or is subsequently modified to meet the requirements designated under subsection (a), may be used for commercial air tour
operations under the same terms and conditions as a replacement aircraft under subsection (c) without regard to whether it replaces an
existing aircraft.
"(e) Mandate To Restore Natural Quiet.—Nothing in this Act [should be "this title"] shall be construed to relieve or diminish—
"(1) the statutory mandate imposed upon the Secretary of the Interior and the Administrator of the Federal Aviation Administration under
Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]) to achieve the substantial restoration of the natural quiet and

experience at the Grand Canyon National Park; and
"(2) the obligations of the Secretary and the Administrator to promulgate forthwith regulations to achieve the substantial restoration of
the natural quiet and experience at the Grand Canyon National Park.
"SEC. 805. ADVISORY GROUP.
"(a) Establishment.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation
Administration] and the Director of the National Park Service shall jointly establish an advisory group to provide continuing advice and counsel
with respect to commercial air tour operations over and near national parks.
"(b) Membership.—
"(1) In general.—The advisory group shall be composed of—
"(A) a balanced group of—
"(i) representatives of general aviation;
"(ii) representatives of commercial air tour operators;
"(iii) representatives of environmental concerns; and
"(iv) representatives of Indian tribes;
"(B) a representative of the Federal Aviation Administration; and
"(C) a representative of the National Park Service.
"(2) Ex officio members.—The Administrator (or the designee of the Administrator) and the Director (or the designee of the Director)
shall serve as ex officio members.
"(3) Chairperson.—The representative of the Federal Aviation Administration and the representative of the National Park Service shall
serve alternating 1-year terms as chairman of the advisory group, with the representative of the Federal Aviation Administration serving
initially until the end of the calendar year following the year in which the advisory group is first appointed.
"(c) Duties.—The advisory group shall provide advice, information, and recommendations to the Administrator and the Director—
"(1) on the implementation of this title and the amendments made by this title;
"(2) on commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which
will receive preferential treatment in a given air tour management plan;
"(3) on other measures that might be taken to accommodate the interests of visitors to national parks; and
"(4) at the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.
"(d) Compensation; Support; FACA.—
"(1) Compensation and travel.—Members of the advisory group who are not officers or employees of the United States, while attending
conferences or meetings of the group or otherwise engaged in its business, or while serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code,
for persons in the Government service employed intermittently.
"(2) Administrative support.—The Federal Aviation Administration and the National Park Service shall jointly furnish to the advisory
group clerical and other assistance.
"(3) Nonapplication of faca.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the advisory group.
"SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUNTAIN NATIONAL PARK.
"Effective beginning on the date of the enactment of this Act [Apr. 5, 2000], no commercial air tour operation may be conducted in the
airspace over the Rocky Mountain National Park notwithstanding any other provision of this Act or section 40128 of title 49, United States Code.
"SEC. 807. REPORTS.
"(a) Overflight Fee Report.—Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the
Federal Aviation Administration] shall transmit to Congress a report on the effects overflight fees are likely to have on the commercial air tour
operation industry. The report shall include, but shall not be limited to—

"(1) the viability of a tax credit for the commercial air tour operators equal to the amount of any overflight fees charged by the National
Park Service; and
"(2) the financial effects proposed offsets are likely to have on Federal Aviation Administration budgets and appropriations.
"(b) Quiet Aircraft Technology Report.—Not later than 2 years after the date of the enactment of this Act, the Administrator and the
Director of the National Park Service shall jointly transmit a report to Congress on the effectiveness of this title in providing incentives for the
development and use of quiet aircraft technology.
"SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
"Any methodology adopted by a Federal agency to assess air tour noise in any unit of the national park system (including the Grand Canyon
and Alaska) shall be based on reasonable scientific methods.
"SEC. 809. ALASKA EXEMPTION.
"The provisions of this title and section 40128 of title 49, United States Code, as added by section 803(a), do not apply to any land or waters
located in Alaska."

Study To Determine Appropriate Minimum Altitude for Aircraft Flying Over National Park System Units
Pub. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended by Pub. L. 106–510, §3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363, provided that:

"SECTION 1. STUDY OF PARK OVERFLIGHTS.
"(a) Study by Park Service.—The Secretary of the Interior (hereinafter referred to as the 'Secretary'), acting through the Director of the
National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over
units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration
(hereinafter referred to as the 'Administrator'), shall provide technical assistance to the Secretary in carrying out the study.
"(b) General Requirements of Study.—The study shall identify any problems associated with overflight by aircraft of units of the National
Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall
distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of
aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse
impacts from aircraft overflights exist.
"(c) Specific Requirements.—The study under this section shall include research at the following units of the National Park System:
Cumberland Island National Seashore, Yosemite National Park, Hawai‘i Volcanoes National Park, Haleakalā National Park, Glacier National
Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National
Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the
following:
"(1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters;
"(2) the impairment of visitor enjoyment associated with flights over such units of the National Park System;
"(3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and
"(4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of
persons or property, search and rescue operations and firefighting.
Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of
the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at
different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units.
"(d) Report to Congress.—The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [Aug. 18,
1987] containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and
regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before
submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The
Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such
recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating

to such adverse effects. The final report shall include a finding by the Administrator that implementation of the recommendations of the
Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement
by the Administrator of the reasons he believes the Secretary's recommendations will have an adverse effect on the safety of aircraft
operations.
"(e) FAA Review of Rules.—The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the
National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined
necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine
whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days after the identification of the
units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to
Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement
any such changes.
"(f) Authorization.—There are authorized to be appropriated such sums as may be necessary to carry out the studies and review under this
section.
"SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALĀ DURING STUDY AND REVIEW.
"(a) Yosemite National Park.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft
or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes
of this subsection, the term 'surface' refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with
respect to Yosemite Valley such term refers to the upper-most rim of the valley.
"(b) Haleakalā National Park.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft
or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following
areas in Haleakalā National Park: Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any
designated tourist viewpoint.
"(c) Study and Review Periods.—For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of
enactment of this Act [Aug. 18, 1987] and prior to the submission of the report under section 1. The review period shall comprise a 2-year
period for Congressional review after the submission of the report to Congress.
"(d) Exceptions.—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following:
"(1) emergency situations involving the protection of persons or property, including aircraft;
"(2) search and rescue operations;
"(3) flights for purposes of firefighting or for required administrative purposes; and
"(4) compliance with instructions of an air traffic controller.
"(e) Enforcement.—For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements
established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(b)]. To provide information to pilots regarding the
restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation
Administration publications as soon as practicable after the enactment of this Act [Aug. 18, 1987].
"SEC. 3. GRAND CANYON NATIONAL PARK.
"(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet
and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public
safety, including concerns regarding the safety of park users.
"(b) Recommendations.—
"(1) Submission.—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall submit to the Administrator
recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with
aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and
protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the
recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones.
Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the

transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator,
after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph.
"(2) Implementation.—Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity
for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon.
The plan shall, by appropriate regulation, implement the recommendations of the Secretary without change unless the Administrator
determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that
implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination,
in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the
requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised
recommendations in the plan. In addition to the Administrator's authority to implement such regulations under the Federal Aviation Act of
1958 [see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under such rules and regulations
applicable to the units of the National Park System as he deems appropriate.
"(3) Report.—Within 2 years after the effective date of the plan required by subsection (b)(2), the Secretary shall submit to the
Congress a report discussing—
"(A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and
"(B) such other matters, including possible revisions in the plan, as may be of interest.
The report shall include comments by the Administrator regarding the effect of the plan's implementation on aircraft safety.
"(c) Helicopter Flights of River Runners.—Subsection (b) shall not prohibit the flight of helicopters—
"(1) which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai
Indian Reservation (as designated by the Tribe); and
"(2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip.
"SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.
"The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act
of October 21, 1978 (92 Stat. 1649–1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug. 18,
1987]. In addition to any actions the Administrator may take as a result of such surveillance, he shall provide a report to the Committee on
Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the
Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate.
Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be
limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness.
"SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.
"(a) Assessment by Forest Service.—The Chief of the Forest Service (hereinafter referred to as the 'Chief') shall conduct an assessment to
determine what, if any, adverse impacts to wilderness resources are associated with overflights of National Forest System wilderness areas.
The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such
assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest
System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska.
"(b) Report to Congress.—The Chief shall submit a report to Congress within 2 years after enactment of this Act [Aug. 18, 1987] containing
the results of the assessments carried out under this section.
"(c) Authorization.—Effective October 1, 1987, there are authorized to be appropriated such sums as may be necessary to carry out the
assessment under this section.
"SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.
"In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall
consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land."

§40129. Collaborative decisionmaking pilot program
(a) Establishment.—Not later than 90 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish
a collaborative decisionmaking pilot program in accordance with this section.
(b) Duration.—Except as provided in subsection (k), the pilot program shall be in effect for a period of 2 years.
(c) Guidelines.—
(1) Issuance.—The Administrator, with the concurrence of the Attorney General, shall issue guidelines concerning the pilot program. Such guidelines, at a
minimum, shall—
(A) define a capacity reduction event;
(B) establish the criteria and process for determining when a capacity reduction event exists that warrants the use of collaborative decisionmaking among
carriers at airports participating in the pilot program; and
(C) prescribe the methods of communication to be implemented among carriers during such an event.
(2) Views.—The Administrator may obtain the views of interested parties in issuing the guidelines.
(d) Effect of Determination of Existence of Capacity Reduction Event.—Upon a determination by the Administrator that a capacity reduction event
exists, the Administrator may authorize air carriers and foreign air carriers operating at an airport participating in the pilot program to communicate for a period of
time not to exceed 24 hours with each other concerning changes in their respective flight schedules in order to use air traffic capacity most effectively. The
Administration shall facilitate and monitor such communication. The Attorney General, or the Attorney General's designee, may monitor such communication.
(e) Selection of Participating Airports.—Not later than 30 days after the date on which the Administrator establishes the pilot program, the Administrator
shall select 2 airports to participate in the pilot program from among the most capacity-constrained airports in the Nation based on the Administration's Airport
Capacity Benchmark Report 2001 or more recent data on airport capacity that is available to the Administrator. The Administrator shall select an airport for
participation in the pilot program if the Administrator determines that collaborative decisionmaking among air carriers and foreign air carriers would reduce
delays at the airport and have beneficial effects on reducing delays in the national airspace system as a whole.
(f) Eligibility of Air Carriers.—An air carrier or foreign air carrier operating at an airport selected to participate in the pilot program is eligible to participate
in the pilot program if the Administrator determines that the carrier has the operational and communications capability to participate in the pilot program.
(g) Modification or Termination of Pilot Program at an Airport.—The Administrator, with the concurrence of the Attorney General, may modify or end
the pilot program at an airport before the term of the pilot program has expired, or may ban an air carrier or foreign air carrier from participating in the program, if
the Administrator determines that the purpose of the pilot program is not being furthered by participation of the airport or air carrier or if the Secretary of
Transportation, with the concurrence of the Attorney General, finds that the pilot program or the participation of an air carrier or foreign air carrier in the pilot
program has had, or is having, an adverse effect on competition among carriers.
(h) Antitrust Immunity.—
(1) In general.—Unless, within 5 days after receiving notice from the Secretary of the Secretary's intention to exercise authority under this subsection, the
Attorney General submits to the Secretary a written objection to such action, including reasons for such objection, the Secretary may exempt an air carrier's or
foreign air carrier's activities that are necessary to participate in the pilot program under this section from the antitrust laws for the sole purpose of participating
in the pilot program. Such exemption shall not extend to any discussions, agreements, or activities outside the scope of the pilot program.
(2) Antitrust laws defined.—In this section, the term "antitrust laws" has the meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).
(i) Consultation With Attorney General.—The Secretary shall consult with the Attorney General regarding the design and implementation of the pilot
program, including determining whether a limit should be set on the number of occasions collaborative decisionmaking could be employed during the initial 2year period of the pilot program.
(j) Evaluation.—
(1) In general.—Before the expiration of the 2-year period for which the pilot program is authorized under subsection (b), the Administrator shall determine
whether the pilot program has facilitated more effective use of air traffic capacity and the Secretary, with the concurrence of the Attorney General, shall
determine whether the pilot program has had an adverse effect on airline competition or the availability of air services to communities. The Administrator shall
also examine whether capacity benefits resulting from the participation in the pilot program of an airport resulted in capacity benefits to other parts of the
national airspace system.

(2) Obtaining necessary data.—The Administrator may require participating air carriers and airports to provide data necessary to evaluate the pilot
program's impact.
(k) Extension of Pilot Program.—At the end of the 2-year period for which the pilot program is authorized, the Administrator, with the concurrence of the
Attorney General, may continue the pilot program for an additional 2 years and expand participation in the program to up to 7 additional airports if the
Administrator determines pursuant to subsection (j) that the pilot program has facilitated more effective use of air traffic capacity and if the Secretary, with the
concurrence of the Attorney General, determines that the pilot program has had no adverse effect on airline competition or the availability of air services to
communities. The Administrator shall select the additional airports to participate in the extended pilot program in the same manner in which airports were initially
selected to participate.
(Added Pub. L. 108–176, title IV, §423(a), Dec. 12, 2003, 117 Stat. 2552.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12,
2003.
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§40130. FAA authority to conduct criminal history record checks
(a) Criminal History Background Checks.—
(1) Access to information.—The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—
(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the
Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217
of the National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 14616); 1 and
(B) to receive relevant criminal history record information regarding the airman checked.
(2) Release of information.—In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures
established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice
purposes.
(3) Limitation.—The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.
(4) Reimbursement.—The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for
expenses incurred, including Federal Bureau of Investigation fees, in providing these services.
(b) Designated Employees.—The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in
subsection (a).
(Added Pub. L. 112–95, title VIII, §802(a), Feb. 14, 2012, 126 Stat. 118.)

Editorial Notes

References in Text
Section 217 of the National Crime Prevention and Privacy Compact Act of 1998, referred to in subsec. (a)(1)(A), is section 217 of subtitle A
of title II of Pub. L. 105–251, which was classified to section 14616 of Title 42, The Public Health and Welfare, prior to editorial reclassification as
section 40316 of Title 34, Crime Control and Law Enforcement.
1 See References in Text note below.

subpart ii—economic regulation

CHAPTER 411—AIR CARRIER CERTIFICATES
Sec.

41101.
41102.
41103.
41104.
41105.
41106.
41107.
41108.
41109.
41110.
41111.
41112.
41113.

Requirement for a certificate.
General, temporary, and charter air transportation certificates of air carriers.
All-cargo air transportation certificates of air carriers.
Additional limitations and requirements of charter air carriers.
Transfers of certificates.
Airlift service.
Transportation of mail.
Applications for certificates.
Terms of certificates.
Effective periods and amendments, modifications, suspensions, and revocations of certificates.
Simplified procedure to apply for, amend, modify, suspend, and transfer certificates.
Liability insurance and financial responsibility.
Plans to address needs of families of passengers involved in aircraft accidents.
Editorial Notes

Amendments
1996—Pub. L. 104–264, title VII, §703(b), Oct. 9, 1996, 110 Stat. 3268, added item 41113.

§41101. Requirement for a certificate
(a) General.—Except as provided in this chapter or another law—
(1) an air carrier may provide air transportation only if the air carrier holds a certificate issued under this chapter authorizing the air transportation;
(2) a charter air carrier may provide charter air transportation only if the charter air carrier holds a certificate issued under this chapter authorizing the charter
air transportation; and
(3) an air carrier may provide all-cargo air transportation only if the air carrier holds a certificate issued under this chapter authorizing the all-cargo air
transportation.
(b) Through Service and Joint Transportation.—A citizen of the United States providing transportation in a State of passengers or property as a common
carrier for compensation with aircraft capable of carrying at least 30 passengers, under authority granted by the appropriate State authority—

(1) may provide transportation for passengers and property that includes through service by the citizen over its routes in the State and in air transportation
by an air carrier or foreign air carrier; and
(2) subject to sections 41309 and 42111 of this title, may make an agreement with an air carrier or foreign air carrier to provide the joint transportation.
(c) Proprietary or Exclusive Right Not Conferred.—A certificate issued under this chapter does not confer a proprietary or exclusive right to use
airspace, an airway of the United States, or an air navigation facility.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1118.)
Historical and Revision Notes
Revised
Section
41101(a)(1)

Source (U.S. Code)
49 App.:1371(a).

41101(a)(2)

49 App.:1301(14) (related to
certificate).

41101(a)(3)
41101(b)

(no source).
49 App.:1371(d) (4)(A)(i), (ii) (related
to joint services).

41101(c)

49 App.:1371(i).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(a), (i),
72 Stat. 754, 756.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§101(14) (related to certificate); added Oct.
24, 1978, Pub. L. 95–504, §2(a)(1), 92
Stat. 1705.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(d) (4)(A)(i), (ii) (related to joint
services); added Nov. 9, 1977, Pub. L. 95–
163, §9, 91 Stat. 1281; restated Oct. 24,
1978, Pub. L. 95–504, §9, 92 Stat. 1713.

In subsections (a)(2) and (c), the words "issued under this chapter" are added for clarity.
In subsection (a), the word "provide" is substituted for "engage in" for consistency in the revised title. The words before clause (1) are added
to inform the reader that other provisions of the chapter and other laws qualify the requirement of being licensed by the Secretary of
Transportation. In clause (1), the word "holds" is substituted for "there is in force" to eliminate unnecessary words. The words "under this
chapter" are substituted for "by the Board" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus.
Clause (3) is included to inform the reader at the beginning of this chapter about all of the types of certificates and permits that the Secretary
may issue under this subchapter.
In subsection (b), the word "passengers" is substituted for "persons" for consistency in the revised title. Before clause (1), the words
"Notwithstanding any other provision of this chapter" are omitted as surplus. The words "providing transportation" are substituted for
"undertakes . . . the carriage of" for consistency in the revised title. The words "or hire" are omitted as surplus and for consistency. The words
"for such carriage within such State" are omitted as surplus. In clause (1), the words "through service" are substituted for "transportation" the
first time it appears for clarity. In clause (2), the words "the requirements of" and "for such through services" are omitted as surplus.
In subsection (c), the word "property" is omitted as surplus. The words "landing area" are omitted because they are included in the definition
of "air navigation facility" in section 40102(a) of the revised title.

§41102. General, temporary, and charter air transportation certificates of air carriers
(a) Issuance.—The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the
citizen to provide any part of the following air transportation the citizen has applied for under section 41108 of this title:
(1) air transportation as an air carrier.
(2) temporary air transportation as an air carrier for a limited period.

(3) charter air transportation as a charter air carrier.
(b) Findings Required for Issuance.—(1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit,
willing, and able to provide the transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary.
(2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign
air transportation, must find that the transportation is consistent with the public convenience and necessity.
(c) Temporary Certificates.—The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the
transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when
the Secretary decides that a test period is desirable—
(1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time;
or
(2) to evaluate the new transportation.
(d) Foreign Air Transportation.—The Secretary shall submit each decision authorizing the provision of foreign air transportation to the President under
section 41307 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119.)
Historical and Revision Notes
Revised
Section
41102(a)

41102(b)(1)

41102(b)(2)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1371(d)(1) (words before 1st Aug. 23, 1958, Pub. L. 85–726, §401(d)(1),
comma and after semicolon), (2)
(2), 72 Stat. 755; Oct. 24, 1978, Pub. L.
(1st–32d words).
95–504, §8, 92 Stat. 1712; restated Feb.
15, 1980, Pub. L. 96–192, §4, 94 Stat. 37.
49 App.:1371(d)(3) (words before 6th Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
comma).
§401(d)(3); added July 10, 1962, Pub. L.
87–528, §2, 76 Stat. 143; Oct. 24, 1978,
Pub. L. 95–504, §8, 92 Stat. 1712; restated
Feb. 15, 1980, Pub. L. 96–192, §4, 94 Stat.
37.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b) (1)(E); added Oct. 4, 1984, Pub.
L. 98–443, §3(e), 98 Stat. 1704.
49 App.:1371(d)(1) (words between
1st and last commas), (2) (42d–
last words), (3) (words after 7th
comma).
49 App.:1551(b)(1)(E).
49 App.:1371(d)(1) (words between
last comma and semicolon), (2)
(33d–41st words), (3) (words
between 6th and 7th commas).
49 App.:1551(a)(1)(A).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a) (1)(A), (B); added Oct. 24, 1978,
Pub. L. 95–504, §40(a), 92 Stat. 1744.
49 App.:1551(b)(1)(E).

41102(c)

49 App.:1371(d)(8) (1st sentence).

41102(d)

49 App.:1551(a)(1)(B), (b)(1)(E).
(no source).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(d)(8) (1st sentence); added Oct. 24,
1978, Pub. L. 95–504, §13, 92 Stat. 1718.

In this section, the words "citizen of the United States" and "citizen" are substituted for "applicant" for clarity and consistency because only a
citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title, and only an air carrier may be a "charter
air carrier" as defined in section 40102(a). The word "provide" is substituted for "perform" for consistency in the revised title.
In subsection (a), before clause (1), the words "of public convenience and necessity" are added for clarity. The words "any part of" are
substituted for "the whole or any part of" to eliminate unnecessary words. In clauses (2) and (3), the words "In the case of" are omitted as
surplus. In clause (3), the words "for such periods" are omitted as surplus.
In subsection (b)(1), the word "comply" is substituted for "conform" for consistency in the revised title. The words "properly" and
"requirements" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations".
In subsection (b)(2), the words "foreign air transportation" are added because 49 App.:1551(a)(1)(A) provides that 49 App.:1371(d)(1)–(3) no
longer applies to interstate or overseas transportation of persons. After January 1, 1985, other interstate and overseas air transportation and
the domestic air transportation of mail do not require a certificate of public convenience and necessity. See H. Rept. 98–793, 98th Cong., 2d
Sess., p.10 (1984).
In subsection (c), before clause (1), the words "issue a certificate" are substituted for "grant an application" for consistency in this chapter.
The words "for interstate air transportation (except the transportation of passengers) or foreign air transportation" are added for clarity and
consistency. The word "only" is omitted as surplus. In clause (1), the word "prices" is substituted for "rates, fares, charges" because of the
definition of "price" in section 40102(a) of the revised title. The words "in fact" are omitted as surplus. In clause (2), the words "to assess the
impact of the new services on the national air route structure, or otherwise" are omitted as surplus.
Subsection (d) is added for clarity.

§41103. All-cargo air transportation certificates of air carriers
(a) Applications.—A citizen of the United States may apply to the Secretary of Transportation for a certificate authorizing the citizen to provide all-cargo air
transportation. The application must contain information and be in the form the Secretary by regulation requires.
(b) Issuance.—Not later than 180 days after an application for a certificate is filed under this section, the Secretary shall issue the certificate to a citizen of the
United States authorizing the citizen, as an air carrier, to provide any part of the all-cargo air transportation applied for unless the Secretary finds that the citizen
is not fit, willing, and able to provide the all-cargo air transportation to be authorized by the certificate and to comply with regulations of the Secretary.
(c) Terms.—The Secretary may impose terms the Secretary considers necessary when issuing a certificate under this section. However, the Secretary may
not impose terms that restrict the places served or prices charged by the holder of the certificate.
(d) Exemptions and Status.—A citizen issued a certificate under this section—
(1) is exempt in providing the transportation under the certificate from the requirements of—
(A) section 41101(a)(1) of this title and regulations or procedures prescribed under section 41101(a)(1); and
(B) other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the
Secretary that the exemption is appropriate; and
(2) is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119; Pub. L. 103–429, §6(49), Oct. 31, 1994, 108 Stat. 4384.)
Historical and Revision Notes

Pub. L. 103–272
Revised

Source (U.S. Code)

Source (Statutes at Large)

Section
41103(a)

49 App.:1388(a)(4).

49 App.:1551(b)(1)(E).

41103(b)

49 App.:1388(b)(1)(B).

41103(c)

49 App.:1551(b)(1)(E).
49 App.:1388(b)(2).

41103(d)(1)

41103(d)(2)

49 App.:1551(b)(1)(E).
49 App.:1388(c).
49 App.:1551(b)(1)(E).
49 App.:1388(d).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§418(a)(4); added Nov. 9, 1977, Pub. L.
95–163, §17(a), 91 Stat. 1285; Mar. 14,
1978, Pub. L. 95–245, §1, 92 Stat. 156.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§418(b)(1)(B); added Nov. 9, 1977, Pub. L.
95–163, §17(a), 91 Stat. 1285; Mar. 14,
1978, Pub. L. 95–245, §3, 92 Stat. 156.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§418(b)(2), (c), (d); added Nov. 9, 1977,
Pub. L. 95–163, §17(a), 91 Stat. 1285.

In subsection (a), the words "After the three hundred and sixty-fifth day which begins after November 9, 1977" are omitted as executed. The
words "under this section" are omitted as surplus. The words "authorizing the citizen" are added for clarity and consistency in this chapter.
In subsection (b), the words "pursuant to paragraph (4) of subsection (a) of this section" are omitted as surplus. The word "citizen" is
substituted for "applicant" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section
40102(a) of the revised title and only an air carrier can provide all–cargo air transportation. The words "to provide" are added for clarity and
consistency in this subchapter. The word "rules" is omitted as being synonymous with "regulations". The word "promulgated" is omitted as
surplus.
In subsection (c), the words "reasonable", "and limitations", and "and conditions" are omitted as surplus. The word "places" is substituted for
"points" for consistency in the revised title.
Pub. L. 103–429

This amends 49:41103(a) to make the term consistent throughout subtitle VII of title 49.
Editorial Notes

Amendments
1994—Subsec. (a). Pub. L. 103–429 substituted "all-cargo" for "all-property".
Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§41104. Additional limitations and requirements of charter air carriers
(a) Restrictions.—The Secretary of Transportation may prescribe a regulation or issue an order restricting the marketability, flexibility, accessibility, or variety
of charter air transportation provided under a certificate issued under section 41102 of this title only to the extent required by the public interest. A regulation
prescribed or order issued under this subsection may not be more restrictive than a regulation related to charter air transportation that was in effect on October
1, 1978.
(b) Scheduled Operations.—
(1) In general.—Except as provided in paragraphs (3) and (4), an air carrier, including an indirect air carrier, may not provide, in aircraft designed for more
than 9 passenger seats, regularly scheduled charter air transportation, for which the public is provided in advance a schedule containing the departure
location, departure time, and arrival location of the flight, to or from an airport that—
(A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or
(B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport—
(i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section
47103; and
(ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that each annually account for at least 1 percent of the total United States
passenger enplanements and at least 2 of which are operated by the sponsor of the reliever airport.
(2) Definition.—In this paragraph, the term "regularly scheduled charter air transportation" does not include operations for which the departure time,
departure location, and arrival location are specifically negotiated with the customer or the customer's representative.
(3) Exception.—This subsection does not apply to any airport in the State of Alaska or to any airport outside the United States.
(4) Waivers.—The Secretary may waive the application of paragraph (1)(B) in cases in which the Secretary determines that the public interest so requires.
(c) Alaska.—An air carrier holding a certificate issued under section 41102 of this title may provide charter air transportation between places in Alaska only to
the extent the Secretary decides the transportation is required by public convenience and necessity. The Secretary may make that decision when issuing,
amending, or modifying the certificate. This subsection does not apply to a certificate issued under section 41102 to a citizen of the United States who, before
July 1, 1977—
(1) maintained a principal place of business in Alaska; and
(2) conducted air transport operations between places in Alaska with aircraft with a certificate for gross takeoff weight of more than 40,000 pounds.
(d) Suspensions.—(1) The Secretary shall suspend for not more than 30 days any part of the certificate of a charter air carrier if the Secretary decides that
the failure of the carrier to comply with the requirements described in sections 41110(e) and 41112 of this title, or a regulation or order of the Secretary under
section 41110(e) or 41112, requires immediate suspension in the interest of the rights, welfare, or safety of the public. The Secretary may act under this
paragraph without notice or a hearing.
(2) The Secretary shall begin immediately a hearing to decide if the certificate referred to in paragraph (1) of this subsection should be amended, modified,
suspended, or revoked. Until the hearing is completed, the Secretary may suspend the certificate for additional periods totaling not more than 60 days. If the
Secretary decides that the carrier is complying with the requirements described in sections 41110(e) and 41112 of this title and regulations and orders under
sections 41110(e) and 41112, the Secretary immediately may end the suspension period and proceeding begun under this subsection. However, the Secretary is
not prevented from imposing a civil penalty on the carrier for violating the requirements described in section 41110(e) or 41112 or a regulation or order under
section 41110(e) or 41112.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1120; Pub. L. 106–181, title VII, §723, Apr. 5, 2000, 114 Stat. 165; Pub. L. 106–528, §8(c), Nov. 22, 2000, 114
Stat. 2522; Pub. L. 108–176, title VIII, §822, Dec. 12, 2003, 117 Stat. 2594.)
Historical and Revision Notes
Revised
Section
41104(a)

Source (U.S. Code)
49 App.:1371(n)(2), (4).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

49 App.:1551(a)(1)(E) (related to 49
App.:1371(n)(4)).

49 App.:1551(b)(1)(E).

41104(b)

41104(c)

49 App.:1371(n)(3).
49 App.:1551(b)(1)(E).
49 App.:1371(n)(5).

49 App.:1371(n)(6).

49 App.:1551(b)(1)(E).

§401(n)(2)–(4); added July 10, 1962, Pub.
L. 87–528, §4, 76 Stat. 144; restated Oct.
24, 1978, Pub. L. 95–504, §20(b), 92 Stat.
1721.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(1)(E) (related to §401(n)(4));
added Oct. 24, 1978, Pub. L. 95–504,
§40(a), 92 Stat. 1744.
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.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(n)(5); added July 10, 1962, Pub. L.
87–528, §4, 76 Stat. 145; Oct. 24, 1978,
Pub. L. 95–504, §20(c), 92 Stat. 1722.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(n)(6); added July 10, 1962, Pub. L.
87–528, §4, 76 Stat. 145.

In subsection (a), the word "rule" is omitted as being synonymous with "regulation". The words "charter air transportation" are substituted for
"charter trips" for consistency in this part. The text of 49 App.:1371(n)(4) and 1551(n)(1)(E) (related to 49 App.:1371(n)(4)) is omitted because
inclusive tour charters have been abolished and charter air carriers have received authority to sell public charter flights directly to the public.
In subsection (b), before clause (1), the words "Notwithstanding any other provision of this subchapter" are omitted as surplus. The words
"An air carrier holding" are added for clarity. The words "State of" are omitted as surplus. The word "modifying" is added for consistency in the
revised title. The words "citizen of the United States" are substituted for "person" for clarity and consistency because only a citizen of the
United States may be an "air carrier" as defined in section 40102(a) of the revised title.
In subsection (c), the words "the requirements described in" are added for clarity.
In subsection (c)(1), the text of 49 App.:1371(n)(6) is omitted as surplus because of 49:322(a).
In subsection (c)(2), the word "amended" is added for consistency in the revised title.
Editorial Notes

Amendments
2003—Subsec. (b)(1). Pub. L. 108–176, §822(a), inserted a comma after "regularly scheduled charter air transportation", substituted
"paragraphs (3) and (4)" for "paragraph (3)" and "flight, to or from an airport that—" for "flight unless such air transportation is to and from an
airport that has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar
regulation).", and added subpars. (A) and (B).
Subsec. (b)(4). Pub. L. 108–176, §822(b), added par. (4).
2000—Subsec. (b). Pub. L. 106–181, §723(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (b)(1). Pub. L. 106–528, §8(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "An air
carrier, including an indirect air carrier, which operates aircraft designed for more than nine passenger seats, may not provide regularly
scheduled charter air transportation for which the general public is provided in advance a schedule containing the departure location,

departure time, and arrival location of the flights to or from an airport that is not located in Alaska and that does not have an operating
certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulations)."
Subsec. (b)(3). Pub. L. 106–528, §8(c)(2), added par. (3).
Subsecs. (c), (d). Pub. L. 106–181, §723(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively.
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of

this title.

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.

§41105. Transfers of certificates
(a) General.—A certificate issued under section 41102 of this title may be transferred only when the Secretary of Transportation approves the transfer as
being consistent with the public interest.
(b) Certification to Congress.—When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The
Secretary shall include with the certification a report analyzing the effects of the transfer on—
(1) the viability of each carrier involved in the transfer;
(2) competition in the domestic airline industry; and
(3) the trade position of the United States in the international air transportation market.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)
Historical and Revision Notes
Revised
Section
41105(a)

49 App.:1371(h)(1).

49 App.:1551(b)(1)(E).

41105(b)

49 App.:1371(h)(2), (3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(h)(1),
72 Stat. 756; Nov. 5, 1990, Pub. L. 101–
508, §9127(1), 104 Stat. 1388–371.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(h)(2), (3); added Nov. 5, 1990, Pub.
L. 101–508, §9127(2), 104 Stat. 1388–371.

Editorial Notes

Amendments
1996—Subsec. (b). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

§41106. Airlift service
(a) Interstate Transportation.—(1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible
aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the
United States may be provided only by an air carrier that—
(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B) holds a certificate issued under section 41102 of this title.
(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift
service.
(b) Transportation Between the United States and Foreign Locations.—Except as provided in subsection (d), the transportation of passengers or
property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the
Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).
(c) Transportation Between Foreign Locations.—The transportation of passengers or property by CRAF-eligible aircraft between two places outside the
United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air
carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.
(d) Exception.—When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to
provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.
(e) CRAF-eligible Aircraft Defined.—In this section, "CRAF-eligible aircraft" means aircraft of a type the Secretary of Defense has determined to be
eligible to participate in the civil reserve air fleet.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 106–398, §1 [[div. A], title III, §385(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-87; Pub. L. 112–
81, div. A, title III, §365, Dec. 31, 2011, 125 Stat. 1380.)
Historical and Revision Notes
Revised
Section
41106

49 App.:1371(o).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(o); added July 12, 1976, Pub. L. 94–
353, §18(a), 90 Stat. 883.
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.

In subsection (a), before clause (1), the word "passengers" is substituted for "persons" for consistency in the revised title. The words
"Secretary of Defense" are substituted for "Department of Defense" because of 10:113(a). The words "an air carrier" are substituted for
"carriers" for clarity.
In subsection (b), the words "to provide the service" are added for clarity.
Editorial Notes

Amendments
2011—Subsecs. (a)(1), (b). Pub. L. 112–81, §365(a)(1), substituted "CRAF-eligible aircraft" for "transport category aircraft".

Subsec. (c). Pub. L. 112–81, §365(a), substituted "CRAF-eligible aircraft" for "transport category aircraft" and "referred to in subsection (a)" for
"that has aircraft in the civil reserve air fleet".
Subsec. (e). Pub. L. 112–81, §365(b), added subsec. (e).
2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title III, §385(a)(1), (b)], in heading substituted "Interstate Transportation" for "General" and in
introductory provisions of par. (1), substituted "Except as provided in subsection (d) of this section," for "Except as provided in subsection (b)
of this section," and struck out "of at least 31 days" after "through a contract".
Subsecs. (b) to (d). Pub. L. 106–398, §1 [[div. A], title III, §385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as
(d).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Pub. L. 106–398, §1 [[div. A], title III, §385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-87, provided that: "The amendments made by this section
[amending this section] shall take effect on October 1, 2000."

§41107. Transportation of mail
When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or
between places in Alaska, in addition to the transportation of mail authorized under certificates in effect, the Postal Service shall certify that finding to the
Secretary of Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each
certification and statement shall be posted for at least 20 days in the office of the Secretary. After notice and an opportunity for a hearing, the Secretary shall
issue a new certificate under section 41102 of this title, or amend or modify an existing certificate under section 41110(a)(2)(A) of this title, to provide the
additional transportation and facilities if the Secretary finds the additional transportation is required by the public convenience and necessity.
(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1121, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113.)
Historical and Revision Notes

Pub. L. 103–272, §1(e)
Revised
Section
41107

Source (U.S. Code)
49 App.:1371(m).
49 App.:1551(a)(4)(A) (related to 49
App.:1371(m)), (b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(m), 72
Stat. 757.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(A) (related to §401(m)), (b)(1)
(E); added Oct. 4, 1984, Pub. L. 98–443,
§3(c), (e), 98 Stat. 1703, 1704.

The words "from time to time" are omitted as surplus. The words "United States Postal Service" and "Postal Service" are substituted for
"Postmaster General" in section 401(m) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 757) because of sections 4(a) and 6(o)
of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words "in foreign air transportation or between places in Alaska" are
substituted for "between any points within the United States or between the United States and foreign countries" for consistency in the revised
title and because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(m) no longer applies to interstate or overseas air transportation (except
transportation of mail between 2 places in Alaska). In addition, Congress did not intend to maintain the regulation of domestic air
transportation of mail. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or
the transportation of mail by aircraft. The word "currently" is omitted as surplus. The words "opportunity for a" are added for consistency in the

revised title and with other titles of the United States Code. The words "or certificates" are omitted as surplus because of 1:1. The word
"modify" is added for consistency in the revised title.
Pub. L. 103–272, §4(k)
Revised
Section
41107

49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(8); added Oct. 4, 1984, Pub. L.
98–443, §3(c), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(a)(8) of Federal Aviation Act of
1958), 102 Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(3); added Oct. 4, 1984, Pub. L.
98–443, §3(f), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(b)(3) of Federal Aviation Act of
1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)
(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of
1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those

sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title)
ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska
from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Editorial Notes

Amendments
1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.
1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation," for "foreign air
transportation or between places in Alaska,", effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

Effective Date of 1994 Amendment
Pub. L. 103–272, §4(k), July 5, 1994, 108 Stat. 1370, which provided that the amendments made by that section (amending this section and
sections 41901, 41902, and 41903 of this title) were effective Jan. 1, 1999, was repealed by Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat.
113, effective Dec. 31, 1998.

§41108. Applications for certificates
(a) Form, Contents, and Proof of Service.—To be issued a certificate of public convenience and necessity under section 41102 of this title, a citizen of
the United States must apply to the Secretary of Transportation. The application must—
(1) be in the form and contain information required by regulations of the Secretary; and
(2) be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by
the issuance of the certificate.
(b) Notice, Response, and Actions on Applications.—(1) When an application is filed, the Secretary shall post a notice of the application in the office of
the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the
Secretary opposing or supporting the issuance of the certificate. Not later than 90 days after the application is filed, the Secretary shall—
(A) provide an opportunity for a public hearing on the application;
(B) begin the procedure under section 41111 of this title; or
(C) dismiss the application on its merits.
(2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under section 46110
of this title.
(3) If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision shall be issued not
later than 150 days after the date the Secretary provides the opportunity. The Secretary shall issue a final order on the application not later than 90 days after
the decision is issued. However, if the Secretary does not act within the 90-day period, the initial or recommended decision on an application to provide—
(A) interstate air transportation is a final order and may be reviewed judicially under section 46110 of this title; and
(B) foreign air transportation shall be submitted to the President under section 41307 of this title.
(4) If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application not later than 180 days after
beginning the procedure on the application.
(5) If a citizen applying for a certificate does not meet the procedural schedule adopted by the Secretary in a proceeding, the Secretary may extend the period
for acting under paragraphs (3) and (4) of this subsection by a period equal to the period of delay caused by the citizen. In addition to an extension under this
paragraph, an initial or recommended decision under paragraph (3) of this subsection may be delayed for not more than 30 days in extraordinary circumstances.
(c) Proof Requirements.—(1) A citizen applying for a certificate must prove that the citizen is fit, willing, and able to provide the transportation referred to in
section 41102 of this title and to comply with this part.
(2) A person opposing a citizen applying for a certificate must prove that the transportation referred to in section 41102(b)(2) of this title is not consistent with
the public convenience and necessity. The transportation is deemed to be consistent with the public convenience and necessity unless the Secretary finds, by a
preponderance of the evidence, that the transportation is not consistent with the public convenience and necessity.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121.)
Historical and Revision Notes
Revised
Section
41108(a)

49 App.:1371(b).

49 App.:1551(b)(1)(E).

41108(b)

49 App.:1371(c).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(b), 72
Stat. 754; Oct. 24, 1978, Pub. L. 95–504,
§6, 92 Stat. 1710.
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.
Aug. 23, 1958, Pub. L. 85–726, 401(c), 72
Stat. 754; restated Oct. 24, 1978, Pub. L.

95–504, §7(a), 92 Stat. 1711.

41108(c)

49 App.:1551(b)(1)(E).
49 App.:1371(d)(9).

49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(d)(9); added Oct. 24, 1978, Pub. L.
95–504, §14, 92 Stat. 1719.

In subsection (a), the words "of public convenience and necessity under section 41102 of this title" are added for clarity.
In subsection (b)(1), before clause (A), the words "give due notice thereof to the public by" are omitted as surplus. The word "response" is
substituted for "protest or memorandum" to eliminate unnecessary words. The words "requested by such application" are omitted as surplus.
Clause (A) is substituted for 49 App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is substituted for 49 App.:1371(c)(1)(B) to eliminate
unnecessary words.
In subsection (b)(2), the words "An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection" are substituted for
"Any order of dismissal of an application issued by the Board without setting such application for a hearing or beginning to make a
determination with respect to such application under such simplified procedures" to eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words "If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this
subsection" are substituted for "If the Board determines that any application should be set for a public hearing under clause (A) of the second
sentence of paragraph (1) of this subsection" to eliminate unnecessary words. The words "provides the opportunity" are substituted for "of
such determination" for clarity. The words "for a certificate" are omitted as surplus. The words "to provide" are substituted for "to engage in" for
consistency in the revised title.
In subsection (b)(4), the words "If the Secretary acts under paragraph (1)(B) of this subsection" are added for clarity. The words "after
beginning the procedure on the application" are substituted for "after the Board begins to make a determination with respect to an application
under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section" to eliminate unnecessary
words.
In subsection (b)(5), the word "particular" is omitted as surplus. The words "by order" are omitted as surplus because of 5:ch. 5, subch. II.
In subsection (c)(1), the words "In any determination as to whether or not" are omitted as surplus. The word "provide" is substituted for
"perform" for consistency in the revised title. The word "properly" is omitted as surplus. The word "comply" is substituted for "conform" for
consistency in the revised title.
In subsection (c)(2), the words "In any determination as to whether" are omitted as surplus. The reference is to section 41102(b)(2), rather
than 41102(a), of the revised title to reflect the termination of authority under 49 App.:1551(a)(1)(A).

§41109. Terms of certificates
(a) General.—(1) Each certificate issued under section 41102 of this title shall specify the type of transportation to be provided.
(2) The Secretary of Transportation—
(A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but
(B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the
authorized transportation to satisfy business development and public demand.
(3) A certificate issued under section 41102 of this title to provide foreign air transportation shall specify the places between which the air carrier is authorized
to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The
Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United
States.
(4) A certificate issued under section 41102 of this title to provide foreign charter air transportation shall specify the places between which the air carrier is
authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which,
or between which, the transportation may be provided.

(5) As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard
to the places named or type of transportation specified in its certificate.
(b) Modifying Terms.—(1) An air carrier may file with the Secretary an application to modify any term of its certificate issued under section 41102 of this title
to provide interstate or foreign air transportation. Not later than 60 days after an application is filed, the Secretary shall—
(A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or
(B) begin to consider the application under section 41111 of this title.
(2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title.
(3) An application under this subsection may not be dismissed under section 41108(b)(1)(C) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 104–287, §5(70), Oct. 11, 1996, 110 Stat. 3396.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
41109(a)(1)

Source (U.S. Code)
49 App.:1371(e)(1) (words before
semicolon).

49 App.:1551(a)(1)(C).

41109(a)(2)

49 App.:1371(e)(1) (words after
semicolon).
49 App.:1371(e)(4).

49 App.:1551(b)(1)(E).

41109(a)(3)

49 App.:1371(e)(2).

41109(a)(4)

41109(b)

49 App.:1551(b)(1)(E).
49 App.:1371(e)(3).
49 App.:1551(b)(1)(E).
49 App.:1371(e)(7)(B).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(e)(1),
72 Stat. 755; restated July 10, 1962, Pub.
L. 87–528, §3, 76 Stat. 143.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(1)(C); added Oct. 24, 1978, Pub.
L. 95–504, §40(a), 92 Stat. 1744.

Aug. 23, 1958, Pub. L. 85–726, §401(e)(3),
(4), 72 Stat. 755; restated July 10, 1962,
Pub. L. 87–528, §3, 76 Stat. 143; Oct. 24,
1978, Pub. L. 95–504, §15(a), (b), 92 Stat.
1719.
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.
Aug. 23, 1958, Pub. L. 85–726, §401(e)(2),
72 Stat. 755; restated July 10, 1962, Pub.
L. 87–528, §3, 76 Stat. 143; Feb. 15, 1980,
Pub. L. 96–192, §5, 94 Stat. 37.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(e)(7)(B); added Oct. 24, 1978, Pub.
L. 95–504, §16, 92 Stat. 1720.

In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as
obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words "type of"
are added for clarity. The word "provided" is substituted for "rendered" for consistency in the revised title.

In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after
semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words "may not prescribe a term preventing" are
substituted for "No term, condition, or limitation of a certificate shall restrict the right" for clarity and consistency. The word "providing" is
substituted for "performing" for consistency in the revised title.
In subsection (a)(3) and (4), the word "places" is substituted for "points", and the word "provide" is substituted for "engage in", for
consistency in the revised title. The words "terminal and intermediate" are omitted as surplus. The words "between which the air carrier is
authorized to provide the transportation" are added for clarity and consistency.
In subsection (a)(3), the words "or routes" are omitted because of 1:1. The words "The Secretary" are added for clarity.
In subsection (a)(4), the words "or areas" are omitted because of 1:1.
In subsection (b), the words "condition, or limitation" are omitted as being included in "term".
In subsection (b)(1), before clause (A), the word "modify" is substituted for "removal or modification" to eliminate unnecessary words. The
word "provide" is substituted for "engage in" for consistency in the revised title. In clause (A), the words "provide the carrier an opportunity" are
substituted for "set such application" for consistency in the revised title and with other titles of the United States Code. In clause (B), the words
"the simplified procedures established by the Board in regulations pursuant to" are omitted as surplus.
Pub. L. 104–287

This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.
1123).
Editorial Notes

Amendments
1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).
Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

§41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates
(a) General.—(1) Each certificate issued under section 41102 of this title is effective from the date specified in it and remains in effect until—
(A) the Secretary of Transportation suspends or revokes the certificate under this section;
(B) the end of the period the Secretary specifies for an air carrier having a certificate of temporary authority issued under section 41102(a)(2) of this title; or
(C) the Secretary certifies that transportation is no longer being provided under a certificate.
(2) On application or on the initiative of the Secretary and after notice and an opportunity for a hearing or, except as provided in paragraph (4) of this
subsection, under section 41111 of this title, the Secretary may—
(A) amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or
suspension; and
(B) revoke any part of a certificate if the Secretary finds that the holder of the certificate intentionally does not comply with this chapter, sections 41308–
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742, chapter 419, subchapter II of chapter
421, and section 46301(b) of this title, a regulation or order of the Secretary under any of those provisions, or a term of its certificate.

(3) The Secretary may revoke a certificate under paragraph (2)(B) of this subsection only if the holder of the certificate does not comply, within a reasonable
time the Secretary specifies, with an order to the holder requiring compliance.
(4) A certificate to provide foreign air transportation may not be amended, modified, suspended, or revoked under section 41111 of this title if the holder of the
certificate requests an oral evidentiary hearing or the Secretary finds, under all the facts and circumstances, that the hearing is required in the public interest.
(b) All-Cargo Air Transportation.—The Secretary may order that a certificate issued under section 41103 of this title authorizing all-cargo air
transportation is ineffective if, after notice and an opportunity for a hearing, the Secretary finds that the transportation is not provided to the minimum extent
specified by the Secretary.
(c) Foreign Air Transportation.—(1) Notwithstanding subsection (a)(2)–(4) of this section, after notice and a reasonable opportunity for the affected air
carrier to present its views, but without a hearing, the Secretary may suspend or revoke the authority of an air carrier to provide foreign air transportation to a
place under a certificate issued under section 41102 of this title if the carrier—
(A) notifies the Secretary, under section 41734(a) of this title or a regulation of the Secretary, that it intends to suspend all transportation to that place; or
(B) does not provide regularly scheduled transportation to the place for 90 days immediately before the date the Secretary notifies the carrier of the action
the Secretary proposes.
(2) Paragraph (1)(B) of this subsection does not apply to a place provided seasonal transportation comparable to the transportation provided during the prior
year.
(d) Temporary Certificates.—On application or on the initiative of the Secretary, the Secretary may—
(1) review the performance of an air carrier issued a certificate under section 41102(c) of this title on the basis that the air carrier will provide innovative or
low-priced air transportation under the certificate; and
(2) amend, modify, suspend, or revoke the certificate or authority under subsection (a)(2) or (c) of this section if the air carrier has not provided, or is not
providing, the transportation.
(e) Continuing Requirements.—(1) To hold a certificate issued under section 41102 of this title, an air carrier must continue to be fit, willing, and able to
provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary.
(2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under section 41102 of
this title if the Secretary finds that the air carrier—
(A) is not fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or
(B) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (A) of this paragraph.
(f) Illegal Importation of Controlled Substances.—The Secretary—
(1) in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness
of an air carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
(2) when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter.
(g) Responses.—An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation
of a certificate under subsection (a) of this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 103–429, §6(50), Oct. 31, 1994, 108 Stat. 4384.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
41110(a)(1)

Source (U.S. Code)
49 App.:1371(f).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(f), 72
Stat. 755; Oct. 24, 1978, Pub. L. 95–504,

§§10(b), 17, 92 Stat. 1716, 1720.
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.
Aug. 23, 1958, Pub. L. 85–726, §401(g), 72
Stat. 756; Oct. 24, 1978, Pub. L. 95–504,
§18, 92 Stat. 1720; restated Feb. 15, 1980,
Pub. L. 96–192, §6, 94 Stat 37.

49 App.:1551(b)(1)(E).

41110(a) (2)–(4)

49 App.:1371(g)(1).

41110(b)

49 App.:1551(b)(1)(E).
49 App.:1388(b)(4).

41110(c)

41110(d)

49 App.:1551(b)(1)(E).
49 App.:1371(g)(3).
49 App.:1551(b)(1)(E).
49 App.:1371(d)(8) (last sentence).

49 App.:1551(a)(1)(B).

41110(e)

49 App.:1551(b)(1)(E).
49 App.:1371(r) (related to
certificate).

41110(f)

49 App.:1551(b)(1)(E).
49 App.:1371a (related to certificate). Aug. 15, 1985, Pub. L. 99–88, §100 (1st
complete par. related to certificate on p.
352), 99 Stat. 352.
49 App.:1371(g)(2).
49 App.:1551(b)(1)(E).

41110(g)

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§418(b)(4); added Nov. 9, 1977, Pub. L.
95–163, §17(a), 91 Stat. 1285.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(d)(8) (last sentence); added Oct. 24,
1978, Pub. L. 95–504, §13, 92 Stat. 1719.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(1)(B); added Oct. 24, 1978, Pub.
L. 95–504, §40(a), 92 Stat. 1744.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(r) (related to certificate); added Oct.
24, 1978, Pub. L. 95–504, §20(d)(1), 92
Stat. 1722.

In subsection (a)(1)(C), the words "transportation is no longer being provided under a certificate" are substituted for "operation thereunder
has ceased" and "operations thereunder have ceased" for clarity and consistency.
In subsections (a)(2) and (e), the words "opportunity for a" are added for consistency in the revised title and with other titles of the United
States Code.
In subsection (a)(2), before clause (A), the word "application" is substituted for "petition or complaint" for consistency in the revised title and
with other titles of the Code and to eliminate unnecessary words. The words "except as provided in paragraph (4) of this subsection" are
added for clarity. The words "the simplified procedures under" are omitted as surplus. In clause (A), the word "alter" is omitted as surplus. In
clause (B), the reference to 49 App.:1372 is omitted from the cross-references of "this subchapter" because 49 App.:1372 is concerned with
foreign air carrier permits and not relevant to air carrier certificate revocation. The word "rule" is omitted as being synonymous with
"regulation". The words "condition, or limitation" are omitted as surplus.
In subsection (a)(3), the words "to the provision, or to the order (other than an order issued in accordance with this sentence), rule,
regulation, term, condition, or limitation found by the Board to have been violated" are omitted as surplus.

In subsection (a)(4), the word "provide" is substituted for "engage in" for consistency in the revised title. The words "altered" and "the
simplified procedures of" are omitted as surplus.
In subsection (b), the words "to the extent of such service" are omitted as surplus. The word "provided" is substituted for "performed" for
consistency in the revised title.
In subsection (c)(1), the word "place" is substituted for "point" for consistency in the revised title. In clause (A), the cross-reference is to
section 41734(a) of the revised title for clarity because 49 App.:1371(j) is obsolete. The comparable provision is 49 App.:1389(b)(2), restated
as section 41734(a). The words "provided by that carrier" are omitted as surplus. In clause (B), the word "immediately" is added for clarity.
In subsection (d)(2), the words "alter" and "the procedures prescribed in" are omitted as surplus.
In subsections (e) and (f)(2), the word "amend" is added for consistency.
In subsection (e), before clause (1), the words "The requirement that each applicant for a certificate or any other authority . . . shall be a
continuing requirement applicable to each such air carrier with respect to the transportation authorized by the Board" are omitted as surplus.
The words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. In clause (1), the word "provide" is substituted for "perform" for
consistency in the revised title. The word "properly" is omitted as surplus. The word "comply" is substituted for "conform to" for consistency in
the revised title. The word "rules" is omitted as being synonymous with "regulations". The word "requirements" is omitted as surplus.
In subsection (f), before clause (1), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "on and after
August 15, 1985" are omitted as executed. In clause (1), before subclause (A), the words "law enforcement and other" are omitted as surplus.
The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "agencies" for consistency in
the revised title and with other titles of the Code. The words "an air carrier" are substituted for "any carrier" for clarity. In clause (2), the words
"of public convenience and necessity" are omitted as surplus. The words "issued under this chapter" are added for clarity.
In subsection (g), the word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The word "alteration" is
omitted as surplus.
Pub. L. 103–429

This amends 49:41110(e) to clarify the restatement of 49 App.:1371(r) (related to certificate) by section 1 of the Act of July 5, 1994 (Public
Law 103–272, 108 Stat. 1124).
Editorial Notes

Amendments
1994—Subsec. (e). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
"After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under
section 41102 of this title if the Secretary finds that the air carrier—
"(1) is not fit, willing, and able to continue to provide the transportation authorized by the certificate and to comply with this part and
regulations of the Secretary; or
"(2) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (1) of this
subsection."
Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates

(a) General Requirements.—(1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(A) acting on an application for a certificate to provide air transportation under section 41102 of this title; and
(B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
(2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An
oral evidentiary hearing is not required to be provided under this section.
(b) When Simplified Procedure Used.—The Secretary may use the simplified procedure to act on an application for a certificate to provide air
transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this
title, when the Secretary decides the use of the procedure is in the public interest.
(c) Contents.—(1) To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—
(A) deciding whether to use the simplified procedure; and
(B) making a decision on an action in which the procedure is used.
(2) The regulations may provide that written evidence and argument may be filed under section 41108(b) of this title as a part of a response opposing or
supporting the issuance of a certificate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1125.)
Historical and Revision Notes
Revised
Section
41111(a)

Source (U.S. Code)
49 App.:1371(p)(1) (1st, 2d
sentences).

49 App.:1551(b)(1)(E).

41111(b)

41111(c)

49 App.:1371(p)(2) (1st sentence).
49 App.:1551(b)(1)(E).
49 App.:1371(p)(1) (last sentence),
(2) (last sentence).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(p); added Oct. 24, 1978, Pub. L. 95–
504, §21(a)(1), 92 Stat. 1723.
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.

In this section, the words "acting on" and "act on" are substituted for "disposition of" for consistency.
In subsection (a)(1)(A), the word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (a)(1)(B), the word "alteration" is omitted as surplus.
In subsection (a)(2), the word "adequate" is omitted as surplus.
In subsection (b), the words "to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend,
modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title" are added for clarity.
In subsection (c)(2), the words "by such person" are omitted as surplus. The words "a response opposing or supporting the issuance of a
certificate" are substituted for "a protest or memorandum filed with respect to such application" for consistency.

§41112. Liability insurance and financial responsibility
(a) Liability Insurance.—The Secretary of Transportation may issue a certificate to a citizen of the United States to provide air transportation as an air carrier
under section 41102 of this title only if the citizen complies with regulations and orders of the Secretary governing the filing of an insurance policy or selfinsurance plan approved by the Secretary. The policy or plan must be sufficient to pay, not more than the amount of the insurance, for bodily injury to, or death

of, an individual or for loss of, or damage to, property of others, resulting from the operation or maintenance of the aircraft under the certificate. A certificate does
not remain in effect unless the carrier complies with this subsection.
(b) Financial Responsibility.—To protect passengers and shippers using an aircraft operated by an air carrier issued a certificate under section 41102 of this
title, the Secretary may require the carrier to file a performance bond or equivalent security in the amount and on terms the Secretary prescribes. The bond or
security must be sufficient to ensure the carrier adequately will pay the passengers and shippers when the transportation the carrier agrees to provide is not
provided. The Secretary shall prescribe the amounts to be paid under this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
Historical and Revision Notes
Revised
Section
41112

49 App.:1371(q).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(q); added Oct. 24, 1978, Pub. L. 95–
504, §20(d)(1), 92 Stat. 1722.
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.

In subsection (a), the words "citizen of the United States" and "citizen" are substituted for "applicant for such certificate or the air carrier" for
clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title
and receive a certificate. The words "as the case may be" are omitted as surplus. The words "to provide air transportation as an air carrier
under section 41102 of this title" are added for clarity. The words "approved by the Secretary" are substituted for "governing the filing and
approval . . . in the amount prescribed by the Board" to eliminate unnecessary words. The words "The policy or plan must be sufficient to pay"
are substituted for "which are conditioned to pay . . . amounts" for clarity. The words "for which such applicant or such air carrier may become
liable for" are omitted as surplus.
In subsection (b), the word "passengers" is substituted for "travelers" for consistency in this chapter. The words "issued . . . under section
41102 of this title" are added for clarity. The word "arrangement" is omitted as surplus. The word "provide" is substituted for "perform" for
consistency in the revised title.

§41113. Plans to address needs of families of passengers involved in aircraft accidents
(a) Submission of Plans.—Each air carrier holding a certificate of public convenience and necessity under section 41102 of this title shall submit to the
Secretary and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any aircraft
accident involving an aircraft of the air carrier and resulting in any loss of life.
(b) Contents of Plans.—A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following:
(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.
(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services
of the organization designated for the accident under section 1136(a)(2) of this title or the services of other suitably trained individuals.
(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the
passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under section 1136(a)(1) of this title,
and to the organization designated for the accident under section 1136(a)(2) of this title, immediately upon request, a list (which is based on the best available
information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), and will periodically
update the list.
(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the
control of the air carrier.

(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its
condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months.
(8) An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any
inscription on the monument.
(9) An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will
be the same as the treatment of the families of revenue passengers.
(10) An assurance that the air carrier will work with any organization designated under section 1136(a)(2) of this title on an ongoing basis to ensure that
families of passengers receive an appropriate level of services and assistance following each accident.
(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) of this title for services
provided by the organization.
(12) An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the
family while the family is staying at such location.
(13) An assurance that the air carrier will commit sufficient resources to carry out the plan.
(14) An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a
preliminary passenger manifest for the flight involved in the accident.
(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family
members following an accident.
(16) An assurance that the air carrier, in the event that the air carrier volunteers assistance to United States citizens within the United States with respect to
an aircraft accident outside the United States involving any loss of life, will consult with the Board and the Department of State on the provision of the
assistance.
(17)(A) An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not
government-owned, the air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about
liability for any property damage and means for obtaining compensation.
(B) At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about
coverage and compensation; (ii) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for accidentsite property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with
restrictions on access to the accident site.
(18) An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at
a location greater than 80 miles from the accident site, the air carrier will ensure that the proceeding is made available simultaneously by electronic means at a
location open to the public at both the origin city and destination city of the air carrier's flight if that city is located in the United States.
(c) Certificate Requirement.—The Secretary may not approve an application for a certificate of public convenience and necessity under section 41102 of
this title unless the applicant has included as part of such application a plan that meets the requirements of subsection (b).
(d) Limitation on Liability.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of
the air carrier in preparing or providing a passenger list, or in providing information concerning a preliminary passenger manifest, pursuant to a plan submitted by
the air carrier under subsection (b), unless such liability was caused by conduct of the air carrier which was grossly negligent or which constituted intentional
misconduct.
(e) Aircraft Accident and Passenger Defined.—In this section, the terms "aircraft accident" and "passenger" have the meanings such terms have in
section 1136 of this title.
(f) Statutory Construction.—Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air
carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.
(Added Pub. L. 104–264, title VII, §703(a), Oct. 9, 1996, 110 Stat. 3267; amended Pub. L. 106–181, title IV, §402(a)(1)–(3), (5)–(c), Apr. 5, 2000, 114 Stat. 129,
130; Pub. L. 108–176, title VIII, §809(a), Dec. 12, 2003, 117 Stat. 2588; Pub. L. 115–254, div. C, §1109(a), Oct. 5, 2018, 132 Stat. 3434.)
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1109(a)(1), substituted "any loss of life" for "a major loss of life".
Subsec. (b)(9). Pub. L. 115–254, §1109(a)(2)(A), substituted "(and any other victim of the accident, including any victim on the ground)" for "

(and any other victim of the accident)".
Subsec. (b)(16). Pub. L. 115–254, §1109(a)(2)(B), substituted "any loss of life" for "major loss of life".
Subsec. (b)(17)(A). Pub. L. 115–254, §1109(a)(2)(C), substituted "any damage" for "significant damage".
2003—Subsec. (b)(16). Pub. L. 108–176, §809(a)(1), struck out "the air carrier" after "major loss of life,".
Subsec. (b)(17), (18). Pub. L. 108–176, §809(a)(2), added pars. (17) and (18).
2000—Subsec. (a). Pub. L. 106–181, §402(a)(5)(A), substituted "Each air carrier" for "Not later than 6 months after the date of the enactment
of this section, each air carrier".
Subsec. (b)(14) to (16). Pub. L. 106–181, §402(a)(1)–(3), added pars. (14) to (16).
Subsec. (c). Pub. L. 106–181, §402(a)(5)(B), substituted "The Secretary" for "After the date that is 6 months after the date of the enactment of
this section, the Secretary".
Subsec. (d). Pub. L. 106–181, §402(b), inserted ", or in providing information concerning a preliminary passenger manifest," before "pursuant
to a plan".
Subsec. (f). Pub. L. 106–181, §402(c), added subsec. (f).
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by section 402(a)(5)(B) to (c) of 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.
Pub. L. 106–181, title IV, §402(a)(4), Apr. 5, 2000, 114 Stat. 130, provided that: "The amendments made by paragraphs (1), (2), and (3)

[amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such
180th day, each air carrier holding a certificate of public convenience and necessity under section 41102 of title 49, United States Code, shall
submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41113
of such title that meets the requirements of the amendments made by paragraphs (1), (2), and (3)."

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

Update Plans
Pub. L. 108–176, title VIII, §809(c), Dec. 12, 2003, 117 Stat. 2589, provided that: "Air carriers and foreign air carriers shall update their plans
under sections 41113 and 41313 of title 49, United States Code, respectively, to reflect the amendments made by subsections (a) and (b) of this
section [amending this section and section 41313 of this title] not later than 90 days after the date of enactment of this Act [Dec. 12, 2003]."

Establishment of Task Force
Pub. L. 104–264, title VII, §704, Oct. 9, 1996, 110 Stat. 3268, provided that:

"(a) Establishment.—The Secretary of Transportation, in cooperation with the National Transportation Safety Board, the Federal Emergency
Management Agency, the American Red Cross, air carriers, and families which have been involved in aircraft accidents shall establish a task
force consisting of representatives of such entities and families, representatives of air carrier employees, and representatives of such other
entities as the Secretary considers appropriate.
"(b) Guidelines and Recommendations.—The task force established pursuant to subsection (a) shall develop—
"(1) guidelines to assist air carriers in responding to aircraft accidents;
"(2) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of
families of passengers involved in an aircraft accident;
"(3) recommendations on methods to ensure that the families of passengers involved in an aircraft accident who are not citizens of the
United States receive appropriate assistance;
"(4) recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health
workers from working at the site of an aircraft accident or other related sites;
"(5) recommendations on the extent to which military experts and facilities can be used to aid in the identification of the remains of
passengers involved in an aircraft accident; and
"(6) recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers
involved in an aircraft accident, including—
"(A) an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft
would be available within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of
the accident;
"(B) an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps
described in subparagraph (A);
"(C) an analysis of any inconvenience to passengers, including flight delays, that would result if air carriers were required to take
the steps described in subparagraph (A); and
"(D) an analysis of the implications for personal privacy that would result if air carriers were required to take the steps described in
subparagraph (A).
"(c) Report.—Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the Secretary shall transmit to Congress a
report containing the model plan and recommendations developed by the task force under subsection (b)."

Limitation on Statutory Construction
Pub. L. 104–264, title VII, §705, Oct. 9, 1996, 110 Stat. 3269, provided that: "Nothing in this title [enacting this section and section 1136 of this title,
amending section 1155 of this title, and enacting provisions set out as notes under this section and section 40101 of this title] or any amendment
made by this title may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in
providing assistance to the families of passengers involved in an aircraft accident."

CHAPTER 413—FOREIGN AIR TRANSPORTATION
Sec.

41301.
41302.
41303.
41304.
41305.
41306.
41307.
41308.

Requirement for a permit.
Permits of foreign air carriers.
Transfers of permits.
Effective periods and amendments, modifications, suspensions, and revocations of permits.
Applications for permits.
Simplified procedure to apply for, amend, modify, and suspend permits.
Presidential review of actions about foreign air transportation.
Exemption from the antitrust laws.

41309.
41310.
41311.
41312.
41313.

Cooperative agreements and requests.
Discriminatory practices.
Gambling restrictions.
Ending or suspending foreign air transportation.
Plans to address needs of families of passengers involved in foreign air carrier accidents.
Editorial Notes

Amendments
1997—Pub. L. 105–148, §1(b), Dec. 16, 1997, 111 Stat. 2683, added item 41313.
1994—Pub. L. 103–429, §6(51)(B), Oct. 31, 1994, 108 Stat. 4385, added item 41312.
Pub. L. 103–305, title II, §205(a)(2), Aug. 23, 1994, 108 Stat. 1583, added item 41311.

§41301. Requirement for a permit
A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter authorizing the foreign air
transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
Historical and Revision Notes
Revised
Section
41301

Source (U.S. Code)
49 App.:1372(a).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §402(a), 72
Stat. 757.

The word "provide" is substituted for "engage in" for consistency in the revised title. The word "holds" is substituted for "there is in force" to
eliminate unnecessary words.

§41302. Permits of foreign air carriers
The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to provide foreign air
transportation as a foreign air carrier if the Secretary finds that—
(1) the person is fit, willing, and able to provide the foreign air transportation to be authorized by the permit and to comply with this part and regulations of
the Secretary; and
(2)(A) the person is qualified, and has been designated by the government of its country, to provide the foreign air transportation under an agreement with
the United States Government; or
(B) the foreign air transportation to be provided under the permit will be in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
Historical and Revision Notes
Revised
Section
41302

49 App.:1372(b).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §402(b), 72
Stat. 758; restated Feb. 15, 1980, Pub. L.
96–192, §7, 94 Stat. 38.
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.

In this section, before clause (1), the words "person (except a citizen of the United States)" and "person" are substituted for "applicant" for
clarity and consistency because only a person other than a United States citizen may be a "foreign air carrier" as defined in section 40102(a)
of the revised title. In clauses (1) and (2), the word "provide" is substituted for "perform" for consistency in the revised title. In clause (1), the
word "properly" is omitted as surplus. The word "comply" is substituted for "conform" for consistency in the revised title. The word "rules" is
omitted as being synonymous with "regulations". The word "requirements" is omitted as surplus. In clause (2)(A), the words "government of its
country" are substituted for "its government" for consistency in the revised title and with other titles of the United States Code.

§41303. Transfers of permits
A permit issued under section 41302 of this title may be transferred only when the Secretary of Transportation approves the transfer because the transfer is in
the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
Historical and Revision Notes
Revised
Section
41303

49 App.:1372(g).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §402(g), 72
Stat. 758.
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.

§41304. Effective periods and amendments, modifications, suspensions, and revocations of permits
(a) General.—The Secretary of Transportation may prescribe the period during which a permit issued under section 41302 of this title is in effect. After notice
and an opportunity for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds that action to be in the public interest.
(b) Suspensions and Restrictions.—Without a hearing, but subject to the approval of the President, the Secretary—
(1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under
the permits, when the Secretary finds—
(A) the action is in the public interest; and
(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—
(i) limited or denied the operating rights of an air carrier; or
(ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air
transportation to, from, through, or over the territory of the foreign country; and
(2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country.
(c) Illegal Importation of Controlled Substances.—The Secretary—
(1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air
carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and

(2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.
(d) Responses.—An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation
of a permit under subsection (a) of this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
Historical and Revision Notes
Revised
Section
41304(a)

Source (U.S. Code)
49 App.:1372(e) (related to duration
of permits).

49 App.:1372(f)(1) (1st sentence).

49 App.:1551(b)(1)(E).

41304(b)

49 App.:1372(f)(2).

41304(c)

49 App.:1551(b)(1)(E).
49 App.:1371a (related to permit).

41304(d)

49 App.:1372(f)(1) (last sentence).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §402(e)
(related to duration of permits), 72 Stat.
758.
Aug. 23, 1958, Pub. L. 85–726, §402(f)(1), 72
Stat. 758; Feb. 15, 1980, Pub. L. 96–192,
§9, 94 Stat. 38.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§402(f)(2); added Feb. 15, 1980, Pub. L.
96–192, §9, 94 Stat. 38.
Aug. 15, 1985, Pub. L. 99–88, §100 (1st
complete par. related to permit on p. 352),
99 Stat. 352.

In subsection (a), the words "altered" and "cancelled" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "alter" and "condition" are omitted as surplus. In clause (B)(i) and (ii), the words "United
States" before "air carriers" and "carriers" are omitted as surplus and for consistency because only a citizen of the United States may be an
"air carrier" as defined in section 40102(a) of the revised title. In clause (B)(i), the word "impaired" is omitted as surplus.
In subsection (c), before clause (1), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "on and after
August 15, 1985" are omitted as executed. In clause (1), before subclause (A), the words "law enforcement and other" are omitted as surplus.
The words "departments, agencies, and instrumentalities of the Government" are substituted for "agencies" for consistency in the revised title
and with other titles of the Code. The words "a foreign air carrier" are substituted for "any carrier" for clarity. In clause (2), the words "of public
convenience and necessity" are omitted as surplus. The word "amend" is added for consistency. The words "issued under this chapter" are
added for clarity.
In subsection (d), the word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The words "alteration"
and "cancellation" are omitted as surplus.

§41305. Applications for permits

(a) Form, Contents, Notice, Response, and Actions on Applications.—(1) A person must apply in writing to the Secretary of Transportation to be issued
a permit under section 41302 of this title. The Secretary shall prescribe regulations to require that the application be—
(A) verified;
(B) in a certain form and contain certain information;
(C) served on interested persons; and
(D) accompanied by proof of service on those persons.
(2) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other
persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the
permit. The Secretary shall act on an application as expeditiously as possible.
(b) Terms.—The Secretary may impose terms for providing foreign air transportation under the permit that the Secretary finds may be required in the public
interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
Historical and Revision Notes
Revised
Section
41305(a)(1)

49 App.:1372(c).

49 App.:1551(b)(1)(E).

41305(a)(2)

49 App.:1372(d).

41305(b)

49 App.:1551(b)(1)(E).
49 App.:1372(e) (related to terms,
conditions, or limitations of
permits).
49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §402(c), (e)
(related to terms, conditions, or limitations
of permits), 72 Stat. 758.
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.
Aug. 23, 1958, Pub. L. 85–726, §402(d), 72
Stat. 758; Feb. 15, 1980, Pub. L. 96–192,
§8, 94 Stat. 38.

In subsection (a)(1), before clause (A), the words "A person must apply . . . to the Secretary of Transportation to be issued a permit under

section 41302 of this title" are added for clarity. Clause (C) is added for clarity.

In subsection (a)(2), the words "give due notice thereof to the public by" are omitted as surplus. The word "response" is substituted for
"protest or memorandum" to eliminate unnecessary words. The word "expeditiously" is substituted for "speedily" for consistency in this
chapter.
In subsection (b), the words "reasonable" and "conditions, or limitations" are omitted as surplus. The words "for providing foreign air
transportation" are added for clarity.

§41306. Simplified procedure to apply for, amend, modify, and suspend permits
(a) Regulations.—The Secretary of Transportation shall prescribe regulations that simplify the procedure for—
(1) acting on an application for a permit to provide foreign air transportation under section 41302 of this title; and
(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.

(b) Notice and Opportunity To Respond.—Regulations under this section shall provide for notice and an opportunity for each interested person to file
appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
Historical and Revision Notes
Revised
Section
41306(a)

49 App.:1372(h) (1st sentence).

49 App.:1551(b)(1)(E).

41306(b)

49 App.:1372(h) (last sentence).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§402(h); added Oct. 24, 1978, Pub. L. 95–
504, §21(b)(1), 92 Stat. 1723.
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.

In subsection (a)(1), the words "acting on" are substituted for "disposition of" for consistency. The word "provide" is substituted for "engage
in" for consistency in the revised title.
In subsection (a)(2), the word "alteration" is omitted as surplus. The word "transfer" is omitted because 49 App.:1372(f) does not cover
transfer of a permit.
In subsection (b), the word "adequate" is omitted as surplus.

§41307. Presidential review of actions about foreign air transportation
The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or
transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit issued under section 41302 of this title authorizing a foreign air
carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign
relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the
reason is economic or related to carrier selection. A decision of the Secretary—
(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60
days after it is submitted to the President; or
(2)(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to
the President; and
(B) when effective, may be reviewed judicially under section 46110 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
Historical and Revision Notes
Revised
Section
41307

49 App.:1461(a).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §801(a), 72
Stat. 782; Mar. 22, 1972, Pub. L. 92–259,
§2, 86 Stat. 96; restated Oct. 24, 1978,
Pub. L. 95–504, §34, 92 Stat. 1740.
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.

In this section, before clause (1), the word "cancellation" is omitted as surplus. The word "modify" is added for consistency. The words "and
the terms, conditions, and limitations contained in" are omitted as surplus. The words "issued under section 41102 of this title" are added for
clarity. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (1), the words "null and" are omitted as
surplus. The word "publishes" is substituted for "issued in a public document" to eliminate unnecessary words. In clause (2)(A), the words "not
the President" are omitted as surplus.
Executive Documents

Executive Order No. 11920
Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided for establishment of Executive branch procedures to facilitate review of
submitted decisions, was revoked by Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029.

Executive Order No. 12547
Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided for establishment of procedures to facilitate Presidential review of
international aviation decisions submitted by Department of Transportation, was revoked by Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335,
set out below.

Ex. Ord. No. 12597. Establishing Procedures for Facilitating Presidential Review of International
Aviation Decisions by the Department of Transportation
Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 801 of the
Federal Aviation Act, as amended (49 U.S.C. app. §1461) [see 49 U.S.C. 41307, 41509(f)], and in order to provide presidential guidance to
department and agency heads and facilitate presidential review of decisions by the Department of Transportation pursuant to the Federal
Aviation Act [see 49 U.S.C. 40101 et seq.], it is hereby ordered as follows:
Section 1. Executive Order No. 12547 of February 6, 1986, is revoked.
Sec. 2. The Secretary of Transportation is designated and empowered to receive on behalf of the President any decision of the Department
of Transportation (hereinafter referred to as the "DOT") subject to Section 801 of the Federal Aviation Act, as amended. The Secretary of
Transportation is further designated and empowered to exercise, without the approval, ratification, or other action of the President, the
authority of the President under Section 801 of the Federal Aviation Act, as amended, to review and determine not to disapprove any such
decision that is not the subject of any written recommendation for disapproval or for a statement of reasons submitted to the Department of
Transportation in accordance with section 5(b) of this Order.
Sec. 3. (a) Except as otherwise provided in this section, decisions of the DOT subject to Section 801 of the Federal Aviation Act, as
amended, may be made available by the DOT for public inspection and copying following transmission to Executive departments and
agencies pursuant to section 3(c) of this Order.
(b) In the interests of national security, and in order to allow for consideration of appropriate action under [former] Executive Order No.
12356, decisions of the DOT transmitted to Executive departments and agencies pursuant to section 3(c) of this Order shall be withheld from
public disclosure for a period not to exceed 5 days after said transmission.
(c) At the same time that decisions of the DOT are received by the Secretary of Transportation pursuant to section 2 of this Order, the DOT
shall transmit copies thereof to the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Attorney General, the
Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and any other Executive
department or agency that the DOT deems appropriate.
(d) The Secretary of State and the Secretary of Defense, or their designees, shall review the decisions of the DOT transmitted pursuant to
section 3(c) of this Order and shall promptly advise the Assistant to the President for National Security Affairs or his designee whether action
pursuant to Executive Order No. 12356 is deemed appropriate. If, after considering these recommendations, the Assistant to the President for

National Security Affairs determines that classification under Executive Order No. 12356 is appropriate, he shall take such action and
immediately so inform the DOT. Action pursuant to this subsection shall be completed by the persons designated herein within 5 days of the
transmission of the decision.
(e) On and after the 6th day following transmission of a DOT decision pursuant to section 3(c) of this Order, or upon earlier notification by
the Assistant to the President for National Security Affairs or his designee, the DOT is authorized to disclose all unclassified portions of the text
of such decision. Nothing in this section is intended to affect the ability to withhold material under any Executive order or statute other than
Section 801.
Sec. 4. (a) Departments and agencies outside of the Executive Office of the President shall raise only matters of national defense or foreign
relations in the course of the presidential review established by this Order. All other matters, including those related to regulatory policy, shall
be presented to the DOT in accordance with the procedures of the DOT.
(b) Departments and agencies outside of the Executive Office of the President that identify matters of national defense or foreign relations
while a decision is pending before the DOT shall, except as confidentiality is required for reasons of defense or foreign policy, make those
matters known to the DOT in the course of its proceedings.
Sec. 5. (a) The DOT shall receive the recommendations, addressed to the President, of the departments and agencies referred to in section
3(c) of this Order.
(b) Departments or agencies outside of the Executive Office of the President making recommendations on matters of national defense or
foreign relations with respect to any decision received by the Secretary of Transportation under section 2 of this Order shall submit their
recommendations in writing to the DOT: (1) within 4 days of the DOT's issuance of a decision subject to a 10-day statutory review period under
Section 801(b) [see 49 U.S.C. 41509(f)]; and (2) within 21 days of the DOT's issuance of a decision subject to a 60-day statutory review period
under Section 801(a) [see 49 U.S.C. 41307]; or (3) in exceptional cases, within the period specified by the DOT in its letter of transmittal.
(c) The DOT shall, as soon as practical after the deadlines specified in section 5(b) of this Order: (1) if no recommendations for disapproval
or for a statement of reasons are received from the departments and agencies specified in section 3(c) of this Order, issue its decision to
become effective according to its terms; or (2) if recommendations for disapproval or for a statement of reasons are received, transmit them to
the Assistant to the President for National Security Affairs, who, upon review, shall transmit a memorandum to the President with a
recommendation as to whether or not the President should disapprove the proposed decision.
Sec. 6. (a) In advising the President with respect to his review of a decision pursuant to Section 801, departments and agencies outside of
the Executive Office of the President shall identify with particularity the defense or foreign policy implications of the DOT decision that are
deemed appropriate for consideration.
(b) If any department or agency that made recommendations to the President pursuant to Section 801 believes that, if the President decides
not to disapprove a decision, the letter so advising the DOT should include a statement that the decision not to disapprove was based on
national defense or foreign relations reasons, it should so indicate separately and explain why.
Sec. 7. Individuals within the Executive Office of the President shall follow a policy of: (a) refusing to discuss matters relating to the
disposition of a case subject to the review of the President under Section 801 with any interested private party, or an attorney or agent for any
such party, prior to the decision by the President or his designee; and (b) referring any written communication from an interested private party,
or an attorney or agent for any such party, to the appropriate department or agency outside of the Executive Office of the President.
Exceptions to this policy may be made only when the head of an appropriate department or agency outside of the Executive Office of the
President personally finds, on a nondelegable basis, that direct written or oral communication between a private party and a person within the
Executive Office of the President is needed for reasons of defense or foreign policy.
Sec. 8. Departments and agencies outside of the Executive Office of the President that regularly make recommendations in connection with
the presidential review pursuant to Section 801 shall, consistent with applicable law, including the provisions of Chapter 5 of Title 5 of the United
States Code:
(a) establish public dockets for all written communications (other than those requiring confidential treatment for defense or foreign policy
reasons) between their officers and employees and private parties in connection with the preparation of such recommendations; and
(b) prescribe such other procedures governing oral and written communications as they deem appropriate.
Sec. 9. This Order is intended solely for the internal guidance of the departments and agencies in order to facilitate the presidential review
process. This Order does not confer rights on any private parties.

Sec. 10. None of the time deadlines specified in this Order shall be construed as a limitation on expedited presidential review of any decision
under Section 801.
Sec. 11. The provisions of this Order shall become effective upon publication in the Federal Register and shall govern the review of any
proposed decisions of the DOT that have not become final prior to that date under Executive Order No. 12547.
Sec. 12. References in any Executive order to any provision in Executive Order No. 12547 shall be deemed to refer to the corresponding
provision in this Order.
Ronald Reagan.      

§41308. Exemption from the antitrust laws
(a) Definition.—In this section, "antitrust laws" has the same meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).
(b) Exemption Authorized.—When the Secretary of Transportation decides it is required by the public interest, the Secretary, as part of an order under
section 41309 or 42111 of this title, may exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed
with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
(c) Exemption Required.—In an order under section 41309 of this title approving an agreement, request, modification, or cancellation, the Secretary, on the
basis of the findings required under section 41309(b)(1), shall exempt a person affected by the order from the antitrust laws to the extent necessary to allow the
person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
Historical and Revision Notes
Revised
Section
41308

Source (U.S. Code)
49 App.:1384.

49 App.:1551(a)(6) (related to 49
App.:1384).

49 App.:1551(b)(1)(C) (related to 49
App.:1384).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §414, 72
Stat. 770; restated Oct. 24, 1978, Pub. L.
95–504, §30(a), 92 Stat. 1731; Feb. 15,
1980, Pub. L. 96–192, §27, 94 Stat. 47.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(6) (related to §414); added Oct.
4, 1984, Pub. L. 98–443, §3(c), 98 Stat.
1704.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(C) (related to §414); added
Oct. 24, 1978, Pub. L. 95–504, §40(a), 92
Stat. 1745; Oct. 14, 1982, Pub. L. 97–309,
§4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L.
98–443, §3(a), 98 Stat. 1703.

Subsection (a) is substituted for "the 'anti-trust laws' set forth in subsection (a) of section 12 of title 15" for consistency in the revised title and
with other titles of the United States Code.
In subsection (b), reference to 49 App.:1378 and 1379 is omitted as obsolete.

§41309. Cooperative agreements and requests
(a) Filing.—An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an
agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements

related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier,
a foreign carrier, or another carrier.
(b) Approval.—The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section
when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—
(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition
unless the Secretary finds that—
(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits
(including international comity and foreign policy considerations); and
(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less
anticompetitive; or
(2) an agreement that—
(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and
(B) governs the compensation the carrier may receive for the transportation.
(c) Notice and Opportunity To Respond or for Hearing.—(1) When an agreement, request, modification, or cancellation is filed, the Secretary of
Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity to submit written comments about, the filing. On
the initiative of the Secretary of Transportation or on request of the Attorney General or Secretary of State, the Secretary of Transportation may conduct a
hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.
(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request,
modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are
available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.
(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or
disapproving an agreement, request, modification, or cancellation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1129; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–287, §5(71), Oct. 11, 1996, 110
Stat. 3396.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
41309(a)

Source (U.S. Code)
49 App.:1382(a)(1).

49 App.:1551(a)(6) (related to 49
App.:1382).

49 App.:1551(b)(1)(C) (related to 49
App.:1382(a)).

41309(b)

49 App.:1382(a)(2)(A).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§412(a), (b); added Oct. 24, 1978, Pub. L.
95–504, §28(c), 92 Stat. 1729; Feb. 15,
1980, Pub. L. 96–192, §11, 94 Stat. 39.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(6) (related to §412); added Oct.
4, 1984, Pub. L. 98–443, §3(c), 98 Stat.
1704.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(C) (related to §412(a), (b));
added Oct. 24, 1978, Pub. L. 95–504,
§40(a), 92 Stat. 1745; Oct. 14, 1982, Pub.
L. 97–309, §4(b), 96 Stat. 1454; Oct. 4,
1984, Pub. L. 98–443, §3(a), 98 Stat.
1703.

41309(c)(1)

41309(c)(2)
41309(c)(3)

49 App.:1551(a)(6), (b)(1)(C) (as
1551(a)(6), (b)(1)(C) relates to 49
App.:1382(a)).
49 App.:1382(b).
49 App.:1551(a)(6), (b)(1)(C) (as
1551(a)(6), (b)(1)(C) relates to 49
App.:1382(b)).
49 App.:1382(a)(2)(B).
49 App.:1382(a)(2)(C).
49 App.:1551(a)(6), (b)(1)(C) (as
1551(a)(6), (b)(1)(C) relates to 49
App.:1382(a)).

In this section, the word "contract" is omitted as being included in "agreement".
In subsection (a), the words "(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)" are omitted as
surplus. The words "(except an agreement related to interstate air transportation)" and "(except arrangements related to interstate air
transportation)" are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word "working" is omitted as surplus. The words "in
force on October 24, 1978, or thereafter entered into" are omitted as executed. The words "and any modification or cancellation of an
agreement" are substituted for "or any modification or cancellation thereof" for clarity and consistency.
In subsection (b), before clause (1), the words "The Board shall by order disapprove any contract, agreement, or request . . . that it finds to
be adverse to the public interest or in violation of this chapter" are omitted as surplus because of the language restated in this subsection that
sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words "whether or not
previously approved by it" are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The
words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete
because of 49 App.:1551(a)(6) (related to 49 App.:1382).
In subsection (c)(1), the words "in accordance with regulations which it prescribes" are omitted as surplus. The words "in accordance with
regulations prescribed by the Board" are omitted as surplus.
Pub. L. 104–287

This amends 49:41309(b)(2)(B) for consistency in the subsection.
Editorial Notes

Amendments
1996—Subsec. (b)(2)(B). Pub. L. 104–287 substituted "carrier" for "common carrier".
1995—Subsec. (b)(2)(A). Pub. L. 104–88 substituted "a carrier" for "a common carrier".
Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of

this title.

Air Transportation Arrangements in Certain States

Pub. L. 107–71, title I, §116, Nov. 19, 2001, 115 Stat. 624, which related to air transportation arrangements for flights that both originate and
terminate at points within the same State, was repealed by Pub. L. 107–273, div. C, title IV, §14102(g), Nov. 2, 2002, 116 Stat. 1922.

§41310. Discriminatory practices
(a) Prohibition.—An air carrier or foreign air carrier may not subject a person, place, port, or type of traffic in foreign air transportation to unreasonable
discrimination.
(b) Review and Negotiation of Discriminatory Foreign Charges.—(1) The Secretary of Transportation shall survey charges imposed on an air carrier by
the government of a foreign country or another foreign entity for the use of airport property or airway property in foreign air transportation. If the Secretary of
Transportation decides that a charge is discriminatory, the Secretary promptly shall report the decision to the Secretary of State. The Secretaries of State and
Transportation promptly shall begin negotiations with the appropriate government to end the discrimination. If the discrimination is not ended in a reasonable
time through negotiation, the Secretary of Transportation shall establish a compensating charge equal to the discriminatory charge. With the approval of the
Secretary of State, the Secretary of the Treasury shall impose the compensating charge on a foreign air carrier of that country as a condition to accepting the
general declaration of the aircraft of the foreign air carrier when it lands or takes off.
(2) The Secretary of the Treasury shall maintain an account to credit money collected under paragraph (1) of this subsection. An air carrier shall be paid from
the account an amount certified by the Secretary of Transportation to compensate the air carrier for the discriminatory charge paid to the government.
(c) Actions Against Discriminatory Activity.—(1) The Secretary of Transportation may take actions the Secretary considers are in the public interest to
eliminate an activity of a government of a foreign country or another foreign entity, including a foreign air carrier, when the Secretary, on the initiative of the
Secretary or on complaint, decides that the activity—
(A) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against an air carrier; or
(B) imposes an unjustifiable or unreasonable restriction on access of an air carrier to a foreign market.
(2) The Secretary of Transportation may deny, amend, modify, suspend, revoke, or transfer under paragraph (1) of this subsection a foreign air carrier permit
or tariff under section 41302, 41303, 41304(a), 41504(c), 41507, or 41509 of this title.
(d) Filing of, and Acting on, Complaints.—(1) An air carrier, computer reservations system firm, or a department, agency, or instrumentality of the United
States Government may file a complaint under subsection (c) or (g) of this section with the Secretary of Transportation. The Secretary shall approve, deny, or
dismiss the complaint, set the complaint for a hearing or investigation, or begin another proceeding proposing remedial action not later than 60 days after
receiving the complaint. The Secretary may extend the period for acting for additional periods totaling not more than 30 days if the Secretary decides that with
additional time it is likely that a complaint can be resolved satisfactorily through negotiations with the government of the foreign country or foreign entity. The
Secretary must act not later than 90 days after receiving the complaint. However, the Secretary may extend this 90-day period for not more than an additional 90
days if, on the last day of the initial 90-day period, the Secretary finds that—
(A) negotiations with the government have progressed to a point that a satisfactory resolution of the complaint appears imminent;
(B) an air carrier or computer reservations system firm has not been subjected to economic injury by the government or entity as a result of filing the
complaint; and
(C) the public interest requires additional time before the Secretary acts on the complaint.
(2) In carrying out paragraph (1) of this subsection and subsection (c) of this section, the Secretary of Transportation shall—
(A) solicit the views of the Secretaries of Commerce and State and the United States Trade Representative;
(B) give an affected air carrier or foreign air carrier reasonable notice and an opportunity to submit written evidence and arguments within the time limits of
this subsection; and
(C) submit to the President under section 41307 or 41509(f) of this title actions proposed by the Secretary of Transportation.
(e) Review.—(1) The Secretaries of State, the Treasury, and Transportation and the heads of other departments, agencies, and instrumentalities of the
Government shall keep under review, to the extent of each of their jurisdictions, each form of discrimination or unfair competitive practice to which an air carrier
is subject when providing foreign air transportation or a computer reservations system firm is subject when providing services with respect to airline service.
Each Secretary and head shall—
(A) take appropriate action to eliminate any discrimination or unfair competitive practice found to exist; and

(B) request Congress to enact legislation when the authority to eliminate the discrimination or unfair practice is inadequate.
(2) The Secretary of Transportation shall report to Congress annually on each action taken under paragraph (1) of this subsection and on the continuing
program to eliminate discrimination and unfair competitive practices. The Secretaries of State and the Treasury each shall give the Secretary of Transportation
information necessary to prepare the report.
(f) Reports.—Not later than 30 days after acting on a complaint under this section, the Secretary of Transportation 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 action taken
under this section on the complaint.
(g) Actions Against Discriminatory Activity by Foreign CRS Systems.—The Secretary of Transportation may take such actions as the Secretary
considers are in the public interest to eliminate an activity of a foreign air carrier that owns or markets a computer reservations system, or of a computer
reservations system firm whose principal offices are located outside the United States, when the Secretary, on the initiative of the Secretary or on complaint,
decides that the activity, with respect to airline service—
(1) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against a computer reservations system firm whose principal
offices are located inside the United States; or
(2) imposes an unjustifiable or unreasonable restriction on access of such a computer reservations system to a foreign market.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1130; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 106–181, title VII, §741, Apr. 5, 2000, 114
Stat. 174.)
Historical and Revision Notes
Revised
Section
41310(a)

Source (U.S. Code)
49 App.:1374(b).

49 App.:1551(a)(4)(C) (related to 49
App.:1374(b)).

41310(b)

49 App.:1159a.

41310(c)

49 App.:1159b(b)(1).

41310(d)(1)
41310(d)(2)

49 App.:1159b(b)(2), (4).
49 App.:1159b(b)(3).

41310(e)(1)

49 App.:1159b(a).

49 App.:1159b(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §404(b), 72
Stat. 760.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(C) (related to §404(b)); added
Oct. 4, 1984, Pub. L. 98–443, §3(c), 98
Stat. 1703.
June 16, 1948, ch. 473, 62 Stat. 450, §11;
added Jan. 3, 1975, Pub. L. 93–623, §3,
88 Stat. 2103; Oct. 4, 1984, Pub. L. 98–
443, §9(c), 98 Stat. 1706.
Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102,
§2(b)(1), (2), (4); added Feb. 15, 1980,
Pub. L. 96–192, §23, 94 Stat. 45; Oct. 4,
1984, Pub. L. 98–443, §9(d)(2), (3), 98
Stat. 1707; Aug. 23, 1988, Pub. L. 100–
418, §§10011, 10012(1), (2), 102 Stat.
1573.
Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102,
§2(b)(3), (e); added Aug. 23, 1988, Pub. L.
100–418, §§10012(3), 10013, 102 Stat.
1573.
Jan. 3, 1975, Pub. L. 93–623, §2(a), 88 Stat.
2102; Oct. 4, 1984, Pub. L. 98–443, §9(d)
(1), 98 Stat. 1706.
Jan. 3, 1975, Pub. L. 93–623, §2(c), 88 Stat.

41310(e)(2)

49 App.:1159b(d).

41310(f)

49 App.:1159b(e).

2103; Feb. 15, 1980, Pub. L. 96–192, §23,
94 Stat. 45.
Jan. 3, 1975, Pub. L. 93–623, §2(d), 88 Stat.
2103; Feb. 15, 1980, Pub. L. 96–192, §23,
94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443,
§9(d)(2), (4), 98 Stat. 1707.

In subsection (a), the words "may not subject . . . to unreasonable discrimination" are substituted for "No . . . shall make, give, or cause any
undue or unreasonable preference or advantage . . . in any respect whatsoever or subject . . . to any unjust discrimination or any undue or
unreasonable prejudice or disadvantage in any respect whatsoever" to eliminate unnecessary words. The words "foreign air transportation"
are substituted for "air transportation" because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas
air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.
In subsection (b)(1), the words "at any time", "unreasonably exceed comparable charges for furnishing such airport property or airway
property in the United States or are otherwise" and "reduce such charges or" are omitted as surplus. The words "the Secretary of State shall
promptly report such instances to" are omitted as surplus because the Secretary of Transportation is involved in the negotiations and aware of
the failure to end the discrimination. The words "excessive or" are omitted as surplus. The words "or carriers" are omitted because of 1:1.
In subsection (b)(2), the words "in accordance with such regulations as he shall adopt" are omitted as surplus because of 49:322(a). The
words "by them" are omitted as surplus.
In subsections (c)–(e), the words "United States" before "air carriers" and "air carrier" are omitted as surplus and for consistency because
only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and because 49 App.:1301 applies
to this section.
In subsections (c)(1) and (d)(1), before each clause (A), the words "foreign entity" and "entity" are substituted for "instrumentality" for
consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words "alteration", "cancellation", "limitation", and "pursuant to the powers of the Secretary" are omitted as surplus.
In subsection (d)(1), before clause (A), the words "department, agency, or instrumentality of the United States Government" are substituted
for "agency of the Government of the United States" for consistency in the revised title and with other titles of the Code. The words "additional
periods totaling not more than 30 days" are substituted for "an additional period or periods of up to 30 days each" for clarity because the
amendment made by section 10111 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418, 102 Stat. 1573) changed the
additional period within which the Secretary had to act to only 30 days. The word "initial" is added for clarity.
In subsection (d)(2)(A), the words "the Secretaries of Commerce and State and the United States Trade Representative" are substituted for
"the Department of State, the Department of Commerce, and the Office of the United States Trade Representative" because of 15:1501,
22:2651, and 19:2171, respectively.
In subsection (d)(2)(B), the words "as is consistent with acting on the complaint" are omitted as surplus.
In subsection (e)(1), before clause (A), the text of 49 App.:1159b(a) (1st, 2d sentences) is omitted as executed. The words "The Secretaries
of State, the Treasury, and Transportation" are substituted for "The Department of State, the Department of the Treasury, the Department of
Transportation" because of 22:2651, 31:301(b), and 49:102(b), respectively. The words "the heads of" and "instrumentalities of the
Government" are added for consistency in the revised title and with other titles of the Code. The word "jurisdictions" is substituted for
"respective functions" for clarity and consistency. In clause (A), the words "within its jurisdiction . . . such forms of" are omitted as surplus.
Clause (B) is substituted for 49 App.:1159b(c) to eliminate unnecessary words.
In subsection (e)(2), the words "faced by United States carriers in foreign air transportation", "as may be", and "required by this subsection"
are omitted as surplus.
Editorial Notes

Amendments

2000—Subsec. (d)(1). Pub. L. 106–181, §741(b)(1)(A), (B), in first sentence of introductory provisions, substituted "air carrier, computer
reservations system firm," for "air carrier" and "subsection (c) or (g)" for "subsection (c)".
Subsec. (d)(1)(B). Pub. L. 106–181, §741(b)(1)(C), substituted "air carrier or computer reservations system firm" for "air carrier".
Subsec. (e)(1). Pub. L. 106–181, §741(b)(2), inserted "or a computer reservations system firm is subject when providing services with respect
to airline service" before period at end of first sentence.
Subsec. (g). Pub. L. 106–181, §741(a), added subsec. (g).
1996—Subsec. (f). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (e)(2) of this section relating to the requirement that the Secretary of
Transportation report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and the 21st item on page 132 of House Document No. 103–7.

§41311. Gambling restrictions
(a) In General.—An air carrier or foreign air carrier may not install, transport, or operate, or permit the use of, any gambling device on board an aircraft in
foreign air transportation.
(b) Definition.—In this section, the term "gambling device" means any machine or mechanical device (including gambling applications on electronic
interactive video systems installed on board aircraft for passenger use)—
(1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or
(2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property.
(Added Pub. L. 103–305, title II, §205(a)(1), Aug. 23, 1994, 108 Stat. 1583.)
Statutory Notes and Related Subsidiaries

Study of Gambling on Commercial Aircraft
Pub. L. 103–305, title II, §205(b), Aug. 23, 1994, 108 Stat. 1583, provided that the Secretary, not later than 1 year after Aug. 23, 1994, was to
complete a study of the aviation safety effects of gambling applications on electronic interactive video systems installed on board aircraft for
passenger use and the competitive implications of permitting foreign air carriers only, but not United States air carriers, to install, transport, and
operate gambling applications on electronic interactive video systems on board aircraft on flights over international waters, and provided that
the Secretary, within 5 days after the completion of the study, would submit a report to Congress on the results of the study.

§41312. Ending or suspending foreign air transportation
(a) General.—An air carrier holding a certificate issued under section 41102 of this title to provide foreign air transportation—
(1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its intention to end or
suspend the transportation to the Secretary of Transportation, any community affected by that decision, and the State authority of the State in which a

community is located; and
(2) if it is the only air carrier holding a certificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the
transportation between those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary
and each community directly affected by that decision.
(b) Temporary Suspension.—The Secretary may authorize the temporary suspension of foreign air transportation under subsection (a) of this section when
the Secretary finds the suspension is in the public interest.
(Added Pub. L. 103–429, §6(51)(A), Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104–287, §5(72), Oct. 11, 1996, 110 Stat. 3396.)
Historical and Revision Notes

Pub. L. 103–429
Revised
Section
41312(a)

Source (U.S. Code)
49 App.:1371(j)(1) (1st sentence),
(2).

49 App.:1551(a)(1)(D).

49 App.:1551(b)(1)(E).

41312(b)

49 App.:1371(j)(1) (last sentence).
49 App.:1551(a)(1)(D), (b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(j), 72
Stat. 756, as restated Oct. 24, 1978, Pub.
L. 95–504, §19(a), 92 Stat. 1720.
Aug. 23, 1958, Pub. L. 85–726, §1601(a)(1)
(D), as added Oct. 24, 1978, Pub. L. 95–
504, §40(a), 92 Stat. 1744.
Aug. 23, 1958, Pub. L. 85–726, §1601(b)(1)
(E), as added Oct. 4, 1984, Pub. L. 98–
443, §3(e), 98 Stat. 1704.

In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49
App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation
of mail) is omitted because a certificate of public convenience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d
Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as
subchapter II of chapter 417 of title 49.
In subsection (a)(1) and (2), the word "place" is substituted for "point" for consistency in the revised title. The words "by that decision" are
added for clarity.
In subsection (a)(1), the words "which it is providing" are omitted as surplus. The word "authority" is substituted for "agency" for consistency
in the revised title and with other titles of the United States Code.
In subsection (a)(2), the words "between those places" are substituted for "being provided by such air carrier under such certificate" to
eliminate unnecessary words.
In subsection (b), the words "by regulation or otherwise" are omitted as surplus. The words "when the Secretary finds the suspension is in"
are substituted for "as may be" for clarity and consistency.
Pub. L. 104–287

This amends 49:41312(a)(1) to conform to the style of title 49.
Editorial Notes

Amendments
1996—Subsec. (a)(1). Pub. L. 104–287 substituted "Secretary of Transportation" for "Secretary".

Statutory Notes and Related Subsidiaries

Effective Date
Section effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as an Effective Date of 1994 Amendment note under section 321 of this

title.

§41313. Plans to address needs of families of passengers involved in foreign air carrier accidents
(a) Definitions.—In this section, the following definitions apply:
(1) Aircraft accident.—The term "aircraft accident" means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United
States; and
(2) Passenger.—The term "passenger" has the meaning given such term by section 1136.
(b) Submission of Plans.—A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the
Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves
an aircraft under the control of the foreign air carrier and results in any loss of life.
(c) Contents of Plans.—To the extent permitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a
foreign air carrier under subsection (b) shall include the following:
(1) Telephone number.—A plan for publicizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers
involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life.
(2) Notification of families.—A process for notifying, in person to the extent practicable, the families of passengers involved in an aircraft accident that
involves an aircraft under the control of the foreign air carrier and results in any loss of life before providing any public notice of the names of such passengers.
Such notice shall be provided by using the services of—
(A) the organization designated for the accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3) Notice provided as soon as possible.—An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the
foreign air carrier has verified the identity of a passenger on the foreign aircraft, whether or not the names of all of the passengers have been verified.
(4) List of passengers.—An assurance that the foreign air carrier shall provide, immediately upon request, and update a list (based on the best available
information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to—
(A) the director of family support services designated for the accident under section 1136(a)(1); and
(B) the organization designated for the accident under section 1136(a)(2).
(5) Consultation regarding disposition of remains and effects.—An assurance that the family of each passenger will be consulted about the
disposition of any remains and personal effects of the passenger that are within the control of the foreign air carrier.
(6) Return of possessions.—An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger
that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal
investigation.
(7) Unclaimed possessions retained.—An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be
retained by the foreign air carrier for not less than 18 months after the date of the accident.
(8) Monuments.—An assurance that the family of each passenger will be consulted about construction by the foreign air carrier of any monument to the
passengers built in the United States, including any inscription on the monument.
(9) Equal treatment of passengers.—An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident,
including any victim on the ground) will be the same as the treatment of the families of revenue passengers.

(10) Service and assistance to families of passengers.—An assurance that the foreign air carrier will work with any organization designated under
section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident.
(11) Compensation to service organizations.—An assurance that the foreign air carrier will provide reasonable compensation to any organization
designated under section 1136(a)(2) for services and assistance provided by the organization.
(12) Travel and care expenses.—An assurance that the foreign air carrier will assist the family of any passenger in traveling to the location of the accident
and provide for the physical care of the family while the family is staying at such location.
(13) Resources for plan.—An assurance that the foreign air carrier will commit sufficient resources to carry out the plan.
(14) Substitute measures.—If a foreign air carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate
substitute measures for the requirements of each paragraph with which the foreign air carrier does not wish to comply.
(15) Training of employees and agents.—An assurance that the foreign air carrier will provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members following an accident.
(16) Consultation on carrier response not covered by plan.—An assurance that, in the event that the foreign air carrier volunteers assistance to
United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, will consult 1 with the
Board and the Department of State on the provision of the assistance.
(17) Notice concerning liability for manmade structures.—
(A) In general.—An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is
not government-owned, the foreign air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other
property about liability for any property damage and means for obtaining compensation.
(B) Minimum contents.—At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for
information about coverage and compensation; (ii) to not rely on unofficial information offered by foreign air carrier representatives about compensation by
the foreign air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible
after the accident, consistent with restrictions on access to the accident site.
(18) Simultaneous electronic transmission of ntsb hearing.—An assurance that, in the case of an accident in which the National Transportation
Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the foreign air carrier will ensure
that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the
foreign air carrier's flight if that city is located in the United States.
(d) Permit and Exemption Requirement.—The Secretary shall not approve an application for a permit under section 41302 unless the applicant has
included as part of the application or request for exemption a plan that meets the requirements of subsection (c).
(e) Limitation on Liability.—A foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the
performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c),
unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which constituted intentional misconduct.
(Added Pub. L. 105–148, §1(a), Dec. 16, 1997, 111 Stat. 2681; amended Pub. L. 106–181, title IV, §403(a)–(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L. 108–176,
title VIII, §809(b), Dec. 12, 2003, 117 Stat. 2589; Pub. L. 115–254, div. B, title V, §539(d), div. C, §1109(b), Oct. 5, 2018, 132 Stat. 3370, 3434.)
Editorial Notes

References in Text
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 105–148, which was approved Dec.
16, 1997.

Amendments
2018—Subsec. (b). Pub. L. 115–254, §1109(b)(1), substituted "any loss of life" for "a major loss of life".
Subsec. (c)(1). Pub. L. 115–254, §1109(b)(2)(A), substituted "any loss of life" for "a significant loss of life".
Subsec. (c)(2). Pub. L. 115–254, §1109(b)(2)(B), substituted "any loss of life" for "a significant loss of life" in introductory provisions.

Subsec. (c)(9). Pub. L. 115–254, §1109(b)(2)(C), amended par. (9) generally. Prior to amendment, text read as follows: "An assurance that the
treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers."
Subsec. (c)(16). Pub. L. 115–254, §1109(b)(2)(D), substituted "any loss of life" for "major loss of life" and "will consult" for "the foreign air
carrier will consult".
Pub. L. 115–254, §539(d), substituted "An assurance that" for "An assurance that the foreign air carrier".
Subsec. (c)(17)(A). Pub. L. 115–254, §1109(b)(2)(E), substituted "any damage" for "significant damage".
2003—Subsec. (c)(17), (18). Pub. L. 108–176 added pars. (17) and (18).
2000—Subsec. (a)(2). Pub. L. 106–181, §403(a), amended heading and text of par. (2) generally. Prior to amendment, text read as follows:
"The term 'passenger' includes an employee of a foreign air carrier or air carrier aboard an aircraft."
Subsec. (b). Pub. L. 106–181, §403(b), substituted "major" for "significant".
Subsec. (c)(15), (16). Pub. L. 106–181, §403(c)(1), added pars. (15) and (16).
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by section 403(a) and (b) of 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.
Pub. L. 106–181, title IV, §403(c)(2), Apr. 5, 2000, 114 Stat. 131, provided that: "The amendment made by paragraph (1) [amending this
section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each
foreign air carrier providing foreign air transportation under chapter 413 of title 49, United States Code, shall submit to the Secretary [of
Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41313 of such title that meets
the requirements of the amendment made by paragraph (1)."

Effective Date
Pub. L. 105–148, §1(c), Dec. 16, 1997, 111 Stat. 2683, provided that: "The amendments made by this section [enacting this section] shall take
effect on the 180th day following the date of the enactment of this Act [Dec. 16, 1997]."
1 So in original. Probably should be "the foreign air carrier will consult".

CHAPTER 415—PRICING
Sec.

41501.
41502.
41503.
41504.
41505.
41506.

Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for
foreign air transportation.
Establishing joint prices for through routes with other carriers.
Establishing joint prices for through routes provided by State authorized carriers.
Tariffs for foreign air transportation.
Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter
air carriers.
Price division filing requirements for foreign air transportation.

41507.
41508.
41509.
41510.
41511.

Authority of the Secretary of Transportation to change prices, classifications, rules, and practices
for foreign air transportation.
Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air
transportation.
Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air
transportation.
Required adherence to foreign air transportation tariffs.
Special prices for foreign air transportation.
Editorial Notes

Amendments
1997—Pub. L. 105–102, §2(21), Nov. 20, 1997, 111 Stat. 2205, struck out "common" before "carriers" in item 41502.

§41501. Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign
air transportation
Every air carrier and foreign air carrier shall establish, comply with, and enforce—
(1) reasonable prices, classifications, rules, and practices related to foreign air transportation; and
(2) for joint prices established for foreign air transportation, reasonable divisions of those prices among the participating air carriers or foreign air carriers
without unreasonably discriminating against any of those carriers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)
Historical and Revision Notes
Revised
Section
41501

Source (U.S. Code)
49 App.:1374(a)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§404(a)(2); added Mar. 22, 1972, Pub. L.
92–259, §1, 86 Stat. 95.

In this chapter, the word "regulation" is omitted in restating the phrase "classifications, rules, regulations, and practices" because it is
covered by the word "rules" and to distinguish the rules of an air carrier or foreign air carrier from the regulations of the United States
Government. The word "reasonable" is substituted for "just and reasonable" and "just, reasonable, and equitable" for consistency in the
revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The word "prices" is substituted for "fares" and
"rates, fares, and charges" because of the definition of "price" in section 40102(a) of the revised title.
In this section, before clause (1), the words "comply with" are substituted for "observe" for consistency in the revised title and with other titles
of the United States Code. In clause (1), the words "individual and joint" are omitted as surplus. In clause (2), the words "unreasonably
discriminating" are substituted for "unduly prefer or prejudice" for consistency in the revised title and to eliminate unnecessary words. See the
revision notes following 49:10101.

§41502. Establishing joint prices for through routes with other carriers
(a) Joint Prices.—An air carrier may establish reasonable joint prices and through service with another carrier. However, an air carrier not directly operating
aircraft in air transportation (except an air express company) may not establish under this section a joint price for the transportation of property with a carrier
subject to subtitle IV of this title.

(b) Prices, Classifications, Rules, and Practices and Divisions of Joint Prices.—For through service by an air carrier and a carrier subject to subtitle
IV of this title, the participating carriers shall establish—
(1) reasonable prices and reasonable classifications, rules, and practices affecting those prices or the value of the transportation provided under those
prices; and
(2) for joint prices established for the through service, reasonable divisions of those joint prices among the participating carriers.
(c) Statements Included in Tariffs.—An air carrier and a carrier subject to subtitle IV of this title that are participating in through service and joint prices
shall include in their tariffs, filed with the Secretary of Transportation, a statement showing the through service and joint prices.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105–102, §2(22), Nov. 20, 1997,
111 Stat. 2205.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
41502(a)

49 App.:1483(b) (1st sentence).

41502(b)
41502(c)

49 App.:1483(b) (2d sentence).
49 App.:1483(b) (last sentence).
49 App.:155(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1003(b), 72
Stat. 791.

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.

In subsection (a), the words "(except an air express company)" are substituted for "(other than companies engaged in the air express
business)" to eliminate unnecessary words.
In subsection (b), before clause (1), the words "participating carriers" are substituted for "carriers parties thereto" and "carriers participating
therein" for consistency in this chapter.
In subsection (c), the words "or the Interstate Commerce Commission, as the case may be" are omitted because of 49:10526(a)(8)(B).
Pub. L. 105–102

This amends the catchline for 49:41502 to make a technical and conforming amendment necessary because section 308(l) of the ICC
Termination Act (Public Law 104–88, 109 Stat. 948) struck "common" from the text of 49:41502.
Editorial Notes

Amendments
1997—Pub. L. 105–102 struck out "common" before "carriers" in section catchline.
1995—Pub. L. 104–88 substituted "another carrier" for "another common carrier" in subsec. (a) and "a carrier" for "a common carrier" in

subsecs. (a), (b), and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of

this title.

§41503. Establishing joint prices for through routes provided by State authorized carriers
Subject to sections 41309 and 42111 of this title, a citizen of the United States providing transportation under section 41101(b) of this title may make an
agreement with an air carrier or foreign air carrier for joint prices for that transportation. The joint prices agreed to must be the lowest of—
(1) the sum of the applicable prices for—
(A) the part of the transportation provided in the State and approved by the appropriate State authority; and
(B) the part of the transportation provided by the air carrier or foreign air carrier;
(2) a joint price established and filed under section 41504 of this title; or
(3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)
Historical and Revision Notes
Revised
Section
41503

Source (U.S. Code)
49 App.:1371(d) (4)(A)(ii) (related to
joint rates, fares), (B).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§401(d) (4)(A)(ii) (related to joint rates,
fares), (B); added Nov. 9, 1977, Pub. L.
95–163, §9, 91 Stat. 1281; restated Oct.
24, 1978, Pub. L. 95–504, §9, 92 Stat.
1713.
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.

In this section, before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "a
citizen of the United States providing transportation under section 41101(b) of this title" are substituted for "any citizen of the United States who
undertakes, within any State, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying
thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency" for clarity and
because of the restatement of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint services) in section 41101(b) of the revised title. The words "the
establishment of" are omitted as surplus.

§41504. Tariffs for foreign air transportation
(a) Filing and Contents.—In the way prescribed by regulation by the Secretary of Transportation, every air carrier and foreign air carrier shall file with the
Secretary, publish, and keep open to public inspection, tariffs showing the prices for the foreign air transportation provided between places served by the carrier
and provided between places served by the carrier and places served by another air carrier or foreign air carrier with which through service and joint prices have
been established. A tariff—
(1) shall contain—
(A) to the extent the Secretary requires by regulation, a description of the classifications, rules, and practices related to the foreign air transportation;
(B) a statement of the prices in money of the United States; and
(C) other information the Secretary requires by regulation; and
(2) may contain—
(A) a statement of the prices in money that is not money of the United States; and

(B) information that is required under the laws of a foreign country in or to which the air carrier or foreign air carrier is authorized to operate.
(b) Changes.—(1) Except as provided in paragraph (2) of this subsection, an air carrier or foreign air carrier may change a price or a classification, rule, or
practice affecting that price or the value of the transportation provided under that price, specified in a tariff of the carrier for foreign air transportation only after 30
days after the carrier has filed, published, and posted notice of the proposed change in the same way as required for a tariff under subsection (a) of this section.
However, the Secretary may prescribe an alternative notice requirement, of at least 25 days, to allow an air carrier or foreign air carrier to match a proposed
change in a passenger fare or a charge of another air carrier or foreign air carrier. A notice under this paragraph must state plainly the change proposed and
when the change will take effect.
(2) If the effect of a proposed change would be to begin a passenger fare that is outside of, or not covered by, the range of passenger fares specified under
section 41509(e)(2) and (3) of this title, the proposed change may be put into effect only on the expiration of 60 days after the notice is filed under regulations
prescribed by the Secretary.
(c) Rejection of Changes.—The Secretary may reject a tariff or tariff change that is not consistent with this section and regulations prescribed by the
Secretary. A tariff or change that is rejected is void.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1133.)
Historical and Revision Notes
Revised
Section
41504(a)

Source (U.S. Code)
49 App.:1373(a) (1st sentence, 2d
sentence words before semicolon,
last sentence).
49 App.:1551(a)(4)(B) (related to 49
App.:1373(a)), (b)(1)(E).

41504(b)(1)

49 App.:1373(c)(1).

49 App.:1551(a)(4)(B) (related to 49
App.:1373(c)(1)), (b)(1)(E).
49 App.:1373(c)(2).
49 App.:1551(a)(4)(B) (related to 49
App.:1373(c)(2)), (b)(1)(E).
49 App.:1373(a) (2d sentence words
after semicolon, 3d sentence).
49 App.:1551(a)(4)(B) (related to 49
App.:1373(a)), (b)(1)(E).

41504(b)(2)

41504(c)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §403(a), 72
Stat. 758.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(B) (related to §403(a), (c)(1),
(2)), (b)(1)(E); added Oct. 4, 1984, Pub. L.
98–443, §3(c), (e), 98 Stat. 1703, 1704.
Aug. 23, 1958, Pub. L. 85–726, §403(c)(1),
(2), 72 Stat. 759; Nov. 9, 1977, Pub. L. 95–
163, §10(a), 91 Stat. 1281; restated Oct.
24, 1978, Pub. L. 95–504, §22, 92 Stat.
1724; Feb. 15, 1980, Pub. L. 96–192,
§24(b), (c), 94 Stat. 47.

In this section, the words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49
App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title,
governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate
or foreign air transportation or the transportation of mail by aircraft. The words "passenger fare" are substituted for "fare" for consistency in the
revised title.

In subsection (a), before clause (1), the word "print" is omitted as being included in "publish". The word "places" is substituted for "points" for
consistency in the revised title and with other titles of the United States Code. In clause (1)(A), the word "services" is omitted as being included
in "practices". In clauses (1)(B) and (2)(A), the word "lawful" is omitted as surplus.
In subsection (b)(1), the words "for foreign air transportation" are added because of 49 App.:1551(a)(4)(B). See the revision notes for
subsection (a) of this section. The words "in the same way as required for a tariff under" are substituted for "in accordance with" for clarity. The
words "proposed change in a passenger fare or a charge of another air carrier or foreign air carrier" are substituted for "fares or charges
specified in another air carrier's or foreign air carrier's proposed tariff" for clarity and consistency in this section.
In subsection (b)(2), the words "not covered by" are substituted for "to which such range of fares does not apply" to eliminate unnecessary
words. The words "subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix . . . section 1482(d)(7) of this Appendix" are omitted
because those sections related to interstate and overseas air transportation and the source provisions restated in this section relate to foreign
air transportation. In addition, the text of 49 App.:1551(a)(5)(D) provides that 49 App.:1482(d) ceased to be in effect on January 1, 1985,
except as related to foreign air transportation. The reference in the source provisions to "section 1482(j)(9) of this Appendix" has been restated
as though it were a reference to 49 App.:1482(j)(10) to correct an apparent error in the International Air Transportation Competition Act of
1979 (Public Law 96–192, 94 Stat. 35). Section 24(b) of S. 1300 of the 96th Congress (the derivative source for the International Air
Transportation Competition Act of 1979), as originally passed by both the Senate and the House of Representatives, restated section 403(c)
(2) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 759) to read as it now does with a cross–reference to section 1002(j)(9) of the
Federal Aviation Act of 1958. Also contained in those versions of S. 1300 in section 24(a) was an amendment to section 1002(j) of the Federal
Aviation Act of 1958 to add a paragraph (9) that contained language identical to what is now section 1002(j)(10) of the Federal Aviation Act of
1958. When S. 1300 was reported by the conference committee and enacted into law as the International Air Transportation Competition Act
of 1979, section 24(a) had been changed so that a different paragraph (9) was added and what had been paragraph (9) was now designated
as a new paragraph (10) to be added. Apparently, when the conference committee redesignated section 1002(j)(9) as 1002(j)(10) it did not
make a corresponding change in the cross–reference in section 403(c)(2). See 125 Cong. Rec. 26936, 32147, 36939.

§41505. Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter air
carriers
(a) Definition.—In this section, "commuter air carrier" means an air carrier providing transportation under section 40109(f) of this title that provides at least 5
scheduled roundtrips a week between the same 2 places.
(b) General.—Except as provided in subsection (c) of this section, when the Secretary of Transportation prescribes under section 41508 or 41509 of this title
a uniform method generally applicable to establishing joint prices and divisions of joint prices for and between air carriers holding certificates issued under
section 41102 of this title, the Secretary shall make that uniform method apply to establishing joint prices and divisions of joint prices for and between air carriers
and commuter air carriers.
(c) Notice Required Before Modifying, Suspending, or Ending Transportation.—A commuter air carrier that has an agreement with an air carrier to
provide transportation for passengers and property that includes through service by the commuter air carrier over the commuter air carrier's routes and air
transportation provided by the air carrier shall give the air carrier and the Secretary at least 90 days' notice before modifying, suspending, or ending the
transportation. If the commuter air carrier does not give that notice, the uniform method of establishing joint prices and divisions of joint prices referred to in
subsection (b) of this section does not apply to the commuter air carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
Historical and Revision Notes
Revised
Section
41505(a)

49 App.:1482a(2), (3).

41505(b)

49 App.:1482a(1) (1st sentence).

Source (U.S. Code)

Source (Statutes at Large)
Oct. 24, 1978, Pub. L. 95–504, §37(c), 92
Stat. 1742.

49 App.:1551(b)(1)(E).

41505(c)

49 App.:1482a(1) (last sentence).
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.

In subsection (a), the text of 49 App.:1482a(2)(A) is omitted as unnecessary because the definition of "air carrier" in 49 App.:1301(3) is
restated in section 40102(a) of the revised title and applies to this section and because the functions of the Civil Aeronautics Board under 49
App.:1482a were transferred to the Secretary of Transportation by 49 App.:1551(b)(1)(E) and the complete name of the Secretary is used the
first time the term appears in a section. The text of 49 App.:1482a(3) is omitted as executed. The reference in the source provisions to "section
416(b)(3) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1386(b)(3)]" has been restated as though it were a reference to section 416(b)(4)
to correct an apparent error in the Airline Deregulation Act of 1978 (Public Law 95–504, 92 Stat. 1705). Section 24 of H.R. 12611 of the 95th
Congress (the derivative source for 416(b)(4)), added section 416(b)(3) to the Federal Aviation Act. Section 29(c) added provisions that
eventually were classified as 49 App.:1482a. Those provisions contained a reference to section 416(b)(3). When S. 2493 (passed in lieu of the
House bill after being amended to contain much of the text of the House bill) was reported by the conference committee and enacted into law,
section 32 added what had been a new 416(b)(3) as a new 416(b)(4). However, the conference committee did not make a corresponding
change in the cross-reference in section 37(c), that added 49 App.:1482a. See 124 Cong. Rec. 30714, 30716, 36521, 36524. The word
"scheduled" is substituted for "pursuant to flight schedules" to eliminate unnecessary words. The words "the same 2 places" are substituted for
"one pair of points" for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words "Except as provided in subsection (c) of this section" are added for clarity. The words "pursuant to its authority"
are omitted as surplus.
In subsection (c), the word "passengers" is substituted for "persons" for consistency in the revised title and with other titles of the Code. The
words "through service by the commuter air carrier over the commuter air carrier's routes" are substituted for "transportation over its routes" for
clarity. The words "between air carriers and commuter air carriers" are omitted as surplus.

§41506. Price division filing requirements for foreign air transportation
Every air carrier and foreign air carrier shall keep currently on file with the Secretary of Transportation, if the Secretary requires, the established divisions of all
joint prices for foreign air transportation in which the carrier participates.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
Historical and Revision Notes
Revised
Section
41506

Source (U.S. Code)
49 App.:1373(d).
49 App.:1551(a)(4)(B) (related to 49
App.:1373(d)), (b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §403(d), 72
Stat. 759.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(B) (related to §403(d)), (b)(1)
(E); added Oct. 4, 1984, Pub. L. 98–443,
§3(c), (e), 98 Stat. 1703, 1704.

The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no
longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates
for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air
transportation or the transportation of mail by aircraft.

§41507. Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for
foreign air transportation
(a) General.—When the Secretary of Transportation decides that a price charged or received by an air carrier or foreign air carrier for foreign air
transportation, or a classification, rule, or practice affecting that price or the value of the transportation provided under that price, is or will be unreasonably
discriminatory, the Secretary may—
(1) change the price, classification, rule, or practice as necessary to correct the discrimination; and
(2) order the air carrier or foreign air carrier to stop charging or collecting the discriminatory price or carrying out the discriminatory classification, rule, or
practice.
(b) When Secretary May Act.—The Secretary may act under this section on the Secretary's own initiative or on a complaint filed with the Secretary and only
after notice and an opportunity for a hearing.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
Historical and Revision Notes
Revised
Section
41507(a)

41507(b)

Source (U.S. Code)
49 App.:1482(f) (words after 4th
comma).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1002(f), 72
Stat. 789.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(E); added Oct. 4, 1984, Pub.
L. 98–443, §3(e), 98 Stat. 1704.

49 App.:1482(f) (words before 4th
comma).
49 App.:1551(b)(1)(E).

In subsection (a), before clause (1), the words "individual or joint" are omitted as surplus. The words "charged or received" are substituted
for "demanded, charged, collected, or received" to eliminate unnecessary words. The words "unreasonably discriminatory" are substituted for
"unjustly discriminatory, or unduly preferential, or unduly prejudicial" for consistency in the revised title and to eliminate unnecessary words.
See the revision notes following 49:10101. In clause (2), the words "carrying out" are substituted for "enforcing" for clarity.
In subsection (b), the words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.

§41508. Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air
transportation
(a) General.—When the Secretary of Transportation decides that a division between air carriers, foreign air carriers, or both, of a joint price for foreign air
transportation is or will be unreasonable or unreasonably discriminatory against any of those carriers, the Secretary shall prescribe a reasonable division of the
joint price among those carriers. The Secretary may order the adjustment in the division of the joint price to be made retroactively to the date the complaint was
filed, the date the order for an investigation was made, or a later date the Secretary decides is reasonable.
(b) When Secretary May Act.—The Secretary may act under this section on the Secretary's own initiative or on a complaint filed with the Secretary and only
after notice and an opportunity for a hearing.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)
Historical and Revision Notes

Revised
Section
41508(a)

Source (U.S. Code)
49 App.:1482(h) (words after 3d
comma).

49 App.:1551(a)(5)(D) (related to 49
App.:1482(h)), (b)(1)(E).

41508(b)

49 App.:1482(h) (words before 3d
comma).
49 App.:1551(a)(5)(D) (related to 49
App.:1482(h)), (b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1002(h), 72
Stat. 790; Nov. 9, 1977, Pub. L. 95–163,
§18(c), 91 Stat. 1287.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(5)(D) (related to §1002(h)), (b)(1)
(E); added Oct. 4, 1984, Pub. L. 98–443,
§3(c), (e), 98 Stat. 1703, 1704.

In subsection (a), the words "interstate air transportation of persons, air transportation of property within the State of Alaska, air
transportation of property within the state of Hawaii, or overseas or" are omitted because 49:1551(a)(5)(D) provides that 49 App.:1482(h)
applies only to foreign air transportation. The words "unreasonable or unreasonably discriminatory" are substituted for "unjust, unreasonable,
inequitable, or unduly preferential or prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes
following 49:10101. The words "against any of those carriers" are substituted for "as between the air carriers or foreign air carriers parties
thereto" to eliminate unnecessary words. The word "retroactively" is added for clarity.
In subsection (b), the words "an opportunity for a" are added for consistency in the revised title and with other titles of the United States
Code.

§41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air
transportation
(a) Cancellation and Rejection.—(1) On the initiative of the Secretary of Transportation or on a complaint filed with the Secretary, the Secretary may
conduct a hearing to decide whether a price for foreign air transportation contained in an existing or newly filed tariff of an air carrier or foreign air carrier, a
classification, rule, or practice affecting that price, or the value of the transportation provided under that price, is lawful. The Secretary may begin the hearing at
once and without an answer or another formal pleading by the air carrier or foreign air carrier, but only after reasonable notice. If, after the hearing, the Secretary
decides that the price, classification, rule, or practice is or will be unreasonable or unreasonably discriminatory, the Secretary may cancel or reject the tariff and
prevent the use of the price, classification, rule, or practice.
(2) With or without a hearing, the Secretary may cancel or reject an existing or newly filed tariff of a foreign air carrier and prevent the use of a price,
classification, rule, or practice when the Secretary decides that the cancellation or rejection is in the public interest.
(3) In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection, the Secretary shall consider—
(A) the effect of the price on the movement of traffic;
(B) the need in the public interest of adequate and efficient transportation by air carriers and foreign air carriers at the lowest cost consistent with providing
the transportation;
(C) the standards prescribed under law related to the character and quality of transportation to be provided by air carriers and foreign air carriers;
(D) the inherent advantages of transportation by aircraft;
(E) the need of the air carrier and foreign air carrier for revenue sufficient to enable the air carrier and foreign air carrier, under honest, economical, and
efficient management, to provide adequate and efficient air carrier and foreign air carrier transportation;
(F) whether the price will be predatory or tend to monopolize competition among air carriers and foreign air carriers in foreign air transportation;
(G) reasonably estimated or foreseeable future costs and revenues for the air carrier or foreign air carrier for a reasonably limited future period during which
the price would be in effect; and
(H) other factors.

(b) Suspension.—(1)(A) Pending a decision under subsection (a)(1) of this section, the Secretary may suspend a tariff and the use of a price contained in the
tariff or a classification, rule, or practice affecting that price.
(B) The Secretary may suspend a tariff of a foreign air carrier and the use of a price, classification, rule, or practice when the suspension is in the public
interest.
(2) A suspension becomes effective when the Secretary files with the tariff and delivers to the air carrier or foreign air carrier affected by the suspension a
written statement of the reasons for the suspension. To suspend a tariff, reasonable notice of the suspension must be given to the affected carrier.
(3) The suspension of a newly filed tariff may be for periods totaling not more than 365 days after the date the tariff otherwise would go into effect. The
suspension of an existing tariff may be for periods totaling not more than 365 days after the effective date of the suspension. The Secretary may rescind at any
time the suspension of a newly filed tariff and allow the price, classification, rule, or practice to go into effect.
(c) Effective Tariffs and Prices When Tariff Is Suspended, Canceled, or Rejected.—(1) If a tariff is suspended pending the outcome of a proceeding
under subsection (a) of this section and the Secretary does not take final action in the proceeding during the suspension period, the tariff goes into effect at the
end of that period subject to cancellation when the proceeding is concluded.
(2)(A) During the period of suspension, or after the cancellation or rejection, of a newly filed tariff (including a tariff that has gone into effect provisionally), the
affected air carrier or foreign air carrier shall maintain in effect and use—
(i) the corresponding seasonal prices, or the classifications, rules, and practices affecting those prices or the value of transportation provided under those
prices, that were in effect for the carrier immediately before the new tariff was filed; or
(ii) another price provided for under an applicable intergovernmental agreement or understanding.
(B) If the suspended, canceled, or rejected tariff is the first tariff of the carrier for the covered transportation, the carrier, for the purpose of operations during
the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the
price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same
transportation.
(3) If an existing tariff is suspended or canceled, the affected air carrier or foreign air carrier, for the purpose of operations during the period of suspension or
pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the
transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.
(d) Response to Refusal of Foreign Country To Allow Air Carrier To Charge a Price.—When the Secretary finds that the government or an
aeronautical authority of a foreign country has refused to allow an air carrier to charge a price contained in a tariff filed and published under section 41504 of this
title for foreign air transportation to the foreign country—
(1) the Secretary, without a hearing—
(A) may suspend any existing tariff of a foreign air carrier providing transportation between the United States and the foreign country for periods totaling
not more than 365 days after the date of the suspension; and
(B) may order the foreign air carrier to charge, during the suspension periods, prices that are the same as those contained in a tariff (designated by the
Secretary) of an air carrier filed and published under section 41504 of this title for foreign air transportation to the foreign country; and
(2) a foreign air carrier may continue to provide foreign air transportation to the foreign country only if the government or aeronautical authority of the foreign
country allows an air carrier to start or continue foreign air transportation to the foreign country at the prices designated by the Secretary.
(e) Standard Foreign Fare Level.—(1)(A) In this subsection, "standard foreign fare level" means—
(i) for a class of fares existing on October 1, 1979, the fare between 2 places (as adjusted under subparagraph (B) of this paragraph) filed for and allowed
by the Civil Aeronautics Board to go into effect after September 30, 1979, and before August 13, 1980 (with seasonal fares adjusted by the percentage
difference that prevailed between seasons in 1978), or the fare established under section 1002(j)(8) of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 731), as added by section 24(a) of the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 46); or
(ii) for a class of fares established after October 1, 1979, the fare between 2 places in effect on the effective date of the establishment of the new class.
(B) At least once every 60 days for fuel costs, and at least once every 180 days for other costs, the Secretary shall adjust the standard foreign fare level for
the particular foreign air transportation to which the standard foreign fare level applies by increasing or decreasing that level by the percentage change from the
last previous period in the actual operating cost for each available seat-mile. In adjusting a standard foreign fare level, the Secretary may not make an

adjustment to costs actually incurred. In establishing a standard foreign fare level and making adjustments in the level under this paragraph, the Secretary may
use all relevant or appropriate information reasonably available to the Secretary.
(2) The Secretary may not decide that a proposed fare for foreign air transportation is unreasonable on the basis that the fare is too low or too high if the
proposed fare is neither more than 5 percent higher nor 50 percent lower than the standard foreign fare level for the same or essentially similar class of
transportation. The Secretary by regulation may increase the 50 percent specified in this paragraph.
(3) Paragraph (2) of this subsection does not apply to a proposed fare that is not more than—
(A) 5 percent higher than the standard foreign fare level when the Secretary decides that the proposed fare may be unreasonably discriminatory or that
suspension of the fare is in the public interest because of an unreasonable regulatory action by the government of a foreign country that is related to a fare
proposal of an air carrier; or
(B) 50 percent lower than the standard foreign fare level when the Secretary decides that the proposed fare may be predatory or discriminatory or that
suspension of the fare is required because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an
air carrier.
(f) Submission of Orders to President.—The Secretary shall submit to the President an order made under this section suspending, canceling, or rejecting
a price for foreign air transportation, and an order rescinding the effectiveness of such an order, before publishing the order. Not later than 10 days after its
submission, the President may disapprove the order on finding disapproval is necessary for United States foreign policy or national defense reasons.
(g) Compliance as Condition of Certificate or Permit.—This section and compliance with an order of the Secretary under this section are conditions to
any certificate or permit held by an air carrier or foreign air carrier. An air carrier or foreign air carrier may provide foreign air transportation only as long as the
carrier maintains prices for that transportation that comply with this section and orders of the Secretary under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)
Historical and Revision Notes
Revised
Section
41509(a)(1)

41509(a)(2)

Source (U.S. Code)
49 App.:1482(j)(1) (1st sentence
words before semicolon, 2d
sentence related to tariffs of air
carriers and foreign air carriers),
(2) (1st sentence words before
semicolon, 2d sentence related to
tariffs of air carriers and foreign air
carriers).
49 App.:1551(b)(1)(E).

41509(a)(3)

49 App.:1482(j)(1) (2d sentence
related to tariffs of foreign air
carriers), (2) (2d sentence related
to tariffs of foreign air carriers).
49 App.:1551(b)(1)(E).
49 App.:1482(j)(5).

41509(b)

49 App.:1551(b)(1)(E).
49 App.:1373(c)(3).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1002(j)(1), (2); added Mar. 22, 1972, Pub.
L. 92–259, §3(a), 86 Stat. 96; restated Feb.
15, 1980, Pub. L. 96–192, §§14, 15, 94
Stat. 40.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(B) (related to §403(c)(3)), (b)
(1)(E); added Oct. 4, 1984, Pub. L. 98–
443, §3(c), (e), 98 Stat. 1703, 1704.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1002(j)(5); added Mar. 22, 1972, Pub. L.
92–259, §3(a), 86 Stat. 98; Feb. 15, 1980,
Pub. L. 96–192, §16, 94 Stat. 42.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

§403(c)(3); added Oct. 24, 1978, Pub. L.
95–504, §22, 92 Stat. 1724.

41509(c)(1)

41509(c)(2)
41509(c)(3)
41509(d)

41509(e) (1)(A)

41509(e) (1)(B)

41509(e)(2), (3)

41509(f)

41509(g)

49 App.:1482(j)(1) (1st sentence
words after semicolon, 3d
sentence), (2) (1st sentence words
after semicolon).
49 App.:1551(a)(4)(B) (related to 49
App.:1373(c)(3)), (b)(1)(E).
49 App.:1482(j)(1) (4th sentence), (2)
(3d sentence).
49 App.:1551(b)(1)(E).
49 App.:1482(j)(1) (5th, last
sentences).
49 App.:1482(j)(2) (last sentence).
49 App.:1482(j)(3).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1002(j)(3), (4); added Mar. 22, 1972, Pub.
L. 92–259, §3(a), 86 Stat. 98.
49 App.:1551(b)(1)(E).
49 App.:1482(j)(7).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1002(j)(6), (7), (9), (10); added Feb. 15,
1980, Pub. L. 96–192, §24(a), 94 Stat. 45,
47.
49 App.:1482(j)(9).
49 App.:1551(b)(1)(E).
49 App.:1482(j)(6), (10).
49 App.:1551(b)(1)(E).
49 App.:1461(b).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§801(b); added Mar. 22, 1972, Pub. L. 92–
259, §2, 86 Stat. 96.
49 App.:1551(b)(1)(E).
49 App.:1482(j)(4).
49 App.:1551(b)(1)(E).

In subsection (a)(1) and (2), the words "take action to" are omitted as surplus.
In subsection (a)(1), the words "individual or joint (between air carriers, between foreign air carriers, or between an air carrier or carriers and
a foreign air carrier or carriers)" and "and, if it so orders" are omitted as surplus. The words "unreasonable or unreasonably discriminatory" are
substituted for "unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial" for consistency in the revised
title and to eliminate unnecessary words. See the revision notes following 49:10101.
In subsection (a)(3), before clause (A), the words "In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under
this subsection" are substituted for "In exercising and performing its powers and duties under this subsection with respect to the rejection or
cancellation of rates for the carriage of persons or property" for consistency in this section and to eliminate unnecessary words. In clause (B),
the words "of persons and property" are omitted as surplus.
In subsection (b)(1), the words "contained in the tariff" are added for clarity.
In subsection (b)(1)(A), the words "such hearing and" are omitted as surplus.
In subsection (b)(1)(B), the words "or in the case of" are omitted as surplus.

In subsection (b)(2), the text of 49 App.:1373(c)(3) is omitted as obsolete. Reference to 49 App.:1482(g) is omitted because 49 App.:1482(g)
does not relate to foreign air transportation and 49 App.:1551(a)(5)(D) provides that 49 App.:1482(g) ceased to be in effect on January 1,
1985, except insofar as it related to foreign air transportation. Reference to 49 App.:1482(j) is omitted because it consistently has been
interpreted that the minimum notice requirement does not apply to foreign air transportation.
In subsection (b)(3), the words "for periods totaling not more than 365 days after" are substituted for "a period or periods not exceeding 365
days in the aggregate beyond the time when" and "a period or periods not exceeding 365 days in the aggregate from" to eliminate
unnecessary words.
In subsection (c)(1), the words "a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section" are added
for clarity. The words "and the Secretary does not take final action in the proceeding during the suspension period" are substituted for "the
proceeding has not been concluded and an order made within the period of suspension or suspensions" and "the proceeding has not been
concluded within the period of suspension or suspensions" to eliminate unnecessary words. The words "or if the Board shall otherwise so
direct" are omitted as surplus because under subsection (b)(3) of this section the Secretary may rescind a suspension at any time.
In subsection (c)(2)(A), before clause (i), the words "or suspensions" are omitted because of 1:1. In clause (i), the words "corresponding
seasonal" are added for clarity.
In subsection (c)(2)(B) and (3), the words "providing the same transportation" are substituted for "engaged in the same foreign air
transportation" for consistency in this chapter and to eliminate unnecessary words.
In subsection (c)(2)(B), the words "of the carrier for the covered transportation" and "during the period of suspension or" are added for
clarity.
In subsection (c)(3), the words "If an existing tariff is suspended or canceled" are added for clarity. The words "following cancellation of an
existing tariff" are omitted as surplus.
In subsection (d), the word "properly" is omitted as surplus. In clause (1)(A), the words "the operation of" are omitted as surplus. The words
"periods totaling not more than 365 days after the date of the suspension" are substituted for "for a period or periods not exceeding three
hundred and sixty-five days in the aggregate from the date of such suspension" for clarity and to eliminate unnecessary words. In subclause
(B), the words "or suspensions" are omitted because of 1:1. In clause (2), the words "by the Secretary" are added for clarity.
In subsection (e)(1)(B), the words "within 30 days after February 15, 1980" are omitted as executed. The words "as the case may be" are
omitted as surplus.
In subsection (e)(2), the text of 49 App.:1482(j)(6)(A) is omitted as expired. The words "with respect to any proposed increase filed with the
Board after the 180th day after February 15, 1980" and "with respect to any proposed decrease filed after February 15, 1980" are omitted as
obsolete. The words "of persons" are omitted as surplus because a "fare" is only for passengers. The words "The Secretary by regulation may
increase the 50 percent specified in this paragraph" are substituted for 49 App.:1482(j)(10) for clarity.
In subsection (e)(3)(A), the words "unreasonably discriminatory" are substituted for "unduly preferential, unduly prejudicial, or unjustly
discriminatory" to eliminate unnecessary words and for consistency in the revised title. See the revision notes following 49:10101.
In subsection (g), the words "express" and "now . . . or hereafter issued" are omitted as surplus. The words "may provide foreign air
transportation only as long as" are substituted for "shall be a condition to the continuation of the affected service" for clarity.
Editorial Notes

References in Text
Section 1002(j)(8) of the Federal Aviation Act of 1958, referred to in subsec. (e)(1)(A)(i), is section 1002(j)(8) of Pub. L. 85–726, which was
classified to section 1482(j)(8) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.

§41510. Required adherence to foreign air transportation tariffs
(a) Prohibited Actions by Air Carriers, Foreign Air Carriers, and Ticket Agents.—An air carrier, foreign air carrier, or ticket agent may not—

(1) charge or receive compensation for foreign air transportation that is different from the price specified in the tariff of the carrier that is in effect for that
transportation;
(2) refund or remit any part of the price specified in the tariff; or
(3) extend to any person a privilege or facility, related to a matter required by the Secretary of Transportation to be specified in a tariff for foreign air
transportation, except as specified in the tariff.
(b) Prohibited Actions by Any Person.—A person may not knowingly—
(1) pay compensation for foreign air transportation of property that is different from the price specified in the tariff in effect for that transportation; or
(2) solicit, accept, or receive—
(A) a refund or remittance of any part of the price specified in the tariff; or
(B) a privilege or facility, related to a matter required by the Secretary to be specified in a tariff for foreign air transportation of property, except as specified
in the tariff.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1138.)
Historical and Revision Notes
Revised
Section
41510(a)

Source (U.S. Code)
49 App.:1373(b)(1) (1st sentence).

49 App.:1551(a)(4)(B) (related to 49
App.:1373(b)(1)), (b)(1)(E).

41510(b)

49 App.:1373(b)(2).

49 App.:1551(a)(4)(B) (related to 49
App.:1373(b)(2)), (b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §403(b)(1)
(1st sentence), 72 Stat. 759; restated Jan.
3, 1975, Pub. L. 93–623, §§7(a), 8(a), 88
Stat. 2105.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(B) (related to §403(b)), (b)(1)
(E); added Oct. 4, 1984, Pub. L. 98–443,
§3(c), (e), 98 Stat. 1703, 1704.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§403(b)(2); added Jan. 3, 1975, Pub. L.
93–623, §8(a), 88 Stat. 2105.

In this section, the words "greater or less" are omitted as being included in "different". The words "foreign air transportation" are substituted
for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation
and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs prices for the transportation of mail by aircraft. See section
40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft.
The words "for any service in connection therewith" are omitted as surplus because the word "transportation" includes any services related to
the transportation.
In subsection (a), before clause (1), the words "may not" are substituted for "no . . . shall" and "no . . . shall, in any manner or by any device,
directly or indirectly, or through any agent or broker, or otherwise" for clarity and to eliminate unnecessary words. In clause (1), the words
"demand or collect" are omitted as being included in "charge or receive". The words "then currently" are omitted as surplus. In clause (3), the
words "tariff for foreign air transportation" are substituted for "such tariffs" for clarity.
In subsection (b), before clause (1), the words "shipper, consignor, consignee, forwarder, broker, or other . . . or any director, officer, agent,
or employee thereof" are omitted as surplus. In clause (1), the words "directly or indirectly, by any device or means" and "currently" are omitted
as surplus. In clause (2), before subclause (A), the words "in any manner or by any device, directly or indirectly, through any agent or broker,
or otherwise" are omitted as surplus. In subclause (B), the word "favor" is omitted as surplus.

§41511. Special prices for foreign air transportation
(a) Free and Reduced Pricing.—This chapter does not prohibit an air carrier or foreign air carrier, under terms the Secretary of Transportation prescribes,
from issuing or interchanging tickets or passes for free or reduced-price foreign air transportation to or for the following:
(1) a director, officer, or employee of the carrier (including a retired director, officer, or employee who is receiving retirement benefits from an air carrier or
foreign air carrier).
(2) a parent or the immediate family of such an officer or employee or the immediate family of such a director.
(3) a widow, widower, or minor child of an employee of the carrier who died as a direct result of a personal injury sustained when performing a duty in the
service of the carrier.
(4) a witness or attorney attending a legal investigation in which the air carrier is interested.
(5) an individual injured in an aircraft accident and a physician or nurse attending the individual.
(6) a parent or the immediate family of an individual injured or killed in an aircraft accident when the transportation is related to the accident.
(7) an individual or property to provide relief in a general epidemic, pestilence, or other emergency.
(8) other individuals under other circumstances the Secretary prescribes by regulation.
(b) Space-Available Basis.—Under terms the Secretary prescribes, an air carrier or foreign air carrier may grant reduced-price foreign air transportation on a
space-available basis to the following:
(1) a minister of religion.
(2) an individual who is at least 60 years of age and no longer gainfully employed.
(3) an individual who is at least 65 years of age.
(4) an individual who has severely impaired vision or hearing or another physical or mental handicap and an accompanying attendant needed by that
individual.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1139.)
Historical and Revision Notes
Revised
Section
41511(a)

Source (U.S. Code)
49 App.:1373(b)(1) (2d sentence).

49 App.:1551(a)(4)(B) (related to 49
App.:1373(b)(1)), (b)(1)(E).

41511(b)

49 App.:1373(b)(1) (3d–last
sentences).
49 App.:1551(a)(4)(B) (related to 49
App.:1373(b)(1)), (b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §403(b)(1)
(2d– last sentences), 72 Stat. 759; July 12,
1960, Pub. L. 86–627, 74 Stat. 445; Jan. 3,
1975, Pub. L. 93–623, §8(a), 88 Stat.
2105; Nov. 9, 1977, Pub. L. 95–163, §8(a),
91 Stat. 1281.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(B) (related to §403(b)(1)), (b)
(1)(E); added Oct. 4, 1984, Pub. L. 98–
443, §3(c), (e), 98 Stat. 1703, 1704.

In this section, the words "foreign air transportation" are substituted for "transportation" and "in the case of overseas or foreign air
transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49
App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of

the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word
"conditions" is omitted as being included in "terms".
In subsection (a)(7), the words "or other emergency" are substituted for "other calamitous visitation" for consistency.
In subsection (b)(2), the words "no longer gainfully employed" are substituted for "retired" and "For purposes of this subsection, the term
'retired' means no longer gainfully employed as defined by the Board" to eliminate unnecessary words.
In subsection (b)(4), the words "an individual who has severely impaired vision or hearing or another physical or mental handicap" are
substituted for "handicapped person" and "For the purposes of this subsection, the term 'handicapped person' means any person who has
severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board" to eliminate
unnecessary words.

CHAPTER 417—OPERATIONS OF CARRIERS
SUBCHAPTER I—REQUIREMENTS
Sec.

41701.
41702.
41703.
41704.
41705.
41706.
41707.
41708.
41709.
41710.
41711.
41712.
41713.
41714.
41715.
41716.
41717.
41718.
41719.
41720.
41721.
41722.
41723.
41724.
41725.
41726.
41731.
41732.
41733.
41734.
41735.

Classification of air carriers.
Interstate air transportation.
Navigation of foreign civil aircraft.
Transporting property not to be transported in aircraft cabins.
Discrimination against handicapped individuals.
Prohibitions against smoking on passenger flights.
Incorporating contract terms into written instrument.
Reports.
Records of air carriers.
Time requirements.
Air carrier management inquiry and cooperation with other authorities.
Unfair and deceptive practices and unfair methods of competition.
Preemption of authority over prices, routes, and service.
Availability of slots.
Phase-out of slot rules at certain airports.
Interim slot rules at New York airports.
Interim application of slot rules at Chicago O'Hare International Airport.
Special rules for Ronald Reagan Washington National Airport.
Air service termination notice.
Joint venture agreements.
Reports by carriers on incidents involving animals during air transport.
Delay reduction actions.
Notice concerning aircraft assembly.
Musical instruments.
Prohibition on certain cell phone voice communications.
Strollers.
SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE
Definitions.
Basic essential air service.
Level of basic essential air service.
Ending, suspending, and reducing basic essential air service.
Enhanced essential air service.

41736.
41737.
41738.
41739.
41740.
41741.
41742.
41743.
41744.
41745.
41746.
[41747.
41748.
41761.
41762.
41763.
41764.
41765.
41766.
41767.

Air transportation to noneligible places.
Compensation guidelines, limitations, and claims.
Fitness of air carriers.
Air carrier obligations.
Joint proposals.
Insurance.
Essential air service authorization.
Airports not receiving sufficient service.
Preservation of basic essential air service at single carrier dominated hub airports.
Community and regional choice programs.
Tracking service.
Repealed.]
Marketing program.
SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM
Purpose.

Definitions.
Federal credit instruments.
Use of Federal facilities and assistance.
Administrative expenses.
Funding.
Termination.
Editorial Notes

Amendments
2018—Pub. L. 115–254, div. B, title IV, §§403(b), 412(b), title V, §539(e), Oct. 5, 2018, 132 Stat. 3329, 3332, 3370, added items 41725 and
41726 and substituted "rules" for "Rules" in item 41718.
2012—Pub. L. 112–95, title IV, §403(b), Feb. 14, 2012, 126 Stat. 85, which directed amendment of analysis for "such subchapter", meaning
subchapter I of chapter 417, by adding item 41724 at the end, was executed by adding item 41724 to analysis for this chapter to reflect the
probable intent of Congress.
Pub. L. 112–95, title IV, §§401(b), 430, Feb. 14, 2012, 126 Stat. 83, 100, substituted "Prohibitions against smoking on passenger flights" for
"Prohibitions against smoking on scheduled flights" in item 41706, and struck out item 41747 "EAS local participation program".
2003—Pub. L. 108–176, title IV, §§408(b), 410(b), 422(b), title VIII, §810(b), Dec. 12, 2003, 117 Stat. 2547, 2549, 2552, 2590, added items
41721 to 41723 and 41745 to 41748 and struck out former item 41721 "Reports by carriers on incidents involving animals during air
transportation".
2000—Pub. L. 106–181, title II, §§203(b), 204(b), 210(b), 231(j)(2), title VII, §710(b), Apr. 5, 2000, 114 Stat. 93, 94, 102, 115, 160, added items
41715 to 41718, redesignated former items 41715 and 41716 as 41719 and 41720, respectively, and added items 41721, 41743, and 41744,
subchapter III heading, and items 41761 to 41767.
1998—Pub. L. 105–277, div. C, title I, §110(f)(2), Oct. 21, 1998, 112 Stat. 2681–590, which directed amendment of the analysis for subchapter I
of chapter 417 by adding item 41716 without specifying the Code title or Act for chapter 417, was executed by adding item 41716 to this analysis
to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title II, §278(d), Oct. 9, 1996, 110 Stat. 3250, substituted "Essential air service authorization" for "Ending effective date"
in item 41742.
1994—Pub. L. 103–429, §6(52), Oct. 31, 1994, 108 Stat. 4385, made technical correction to chapter heading.
Pub. L. 103–305, title II, §§206(b), 207(b), Aug. 23, 1994, 108 Stat. 1587, 1588, added items 41714 and 41715.

SUBCHAPTER I—REQUIREMENTS

§41701. Classification of air carriers
The Secretary of Transportation may establish—
(1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and
(2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)
Historical and Revision Notes
Revised
Section
41701

49 App.:1386(a).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §416(a), 72
Stat. 771.
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.

In this section, before clause (1), the words "from time to time" are omitted as unnecessary. In clauses (1) and (2), the word "just" is omitted
as being included in "reasonable". In clause (1), the word "groups" is omitted as being included in "classifications". The words "transportation
provided" are substituted for "services performed" for consistency in the revised title. In clause (2), the word "requirements" is substituted for
"rules and regulations pursuant to and consistent with the provisions of this subchapter" as being more appropriate and for consistency in the
revised title.

§41702. Interstate air transportation
An air carrier shall provide safe and adequate interstate air transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)
Historical and Revision Notes
Revised
Section
41702

Source (U.S. Code)
49 App.:1374(a)(1).

49 App.:1551(a)(4)(C) (related to 49
App.:1374(a)(1)).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §404(a)(1),
72 Stat. 760; Mar. 22, 1972, Pub. L. 92–
259, §1, 86 Stat. 95; Oct. 24, 1978, Pub. L.
95–504, §23, 92 Stat. 1724.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(C) (related to §404(a)(1));
added Oct. 4, 1984, Pub. L. 98–443, §3(c),
98 Stat. 1703.

This section is substituted for 49 App.:1374(a)(1) because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate
or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.

§41703. Navigation of foreign civil aircraft
(a) Permitted Navigation.—A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States only—
(1) if the country of registry grants a similar privilege to aircraft of the United States;
(2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;
(3) if the Secretary of Transportation authorizes the navigation; and
(4) if the navigation is consistent with terms the Secretary may prescribe.
(b) Requirements for Authorizing Navigation.—The Secretary may authorize navigation under this section only if the Secretary decides the authorization
is—
(1) in the public interest; and
(2) consistent with any agreement between the Government and the government of a foreign country.
(c) Providing Air Commerce.—The Secretary may authorize an aircraft permitted to navigate in the United States under this section to provide air commerce
in the United States. However, the aircraft may take on for compensation, at a place in the United States, passengers or cargo destined for another place in the
United States only if—
(1) specifically authorized under section 40109(g) of this title; or
(2) under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under
lease or charter to them without crew.
(d) Permit Requirements Not Affected.—This section does not affect section 41301 or 41302 of this title. However, a foreign air carrier holding a permit
under section 41302 does not need to obtain additional authorization under this section for an operation authorized by the permit.
(e) Cargo in Alaska.—
(1) In general.—For the purposes of subsection (c), eligible cargo taken on or off any aircraft at a place in Alaska in the course of transportation of that
cargo by any combination of 2 or more air carriers or foreign air carriers in either direction between a place in the United States and a place outside the United
States shall not be deemed to have broken its international journey in, be taken on in, or be destined for Alaska.
(2) Eligible cargo.—For purposes of paragraph (1), the term "eligible cargo" means cargo transported between Alaska and any other place in the United
States on a foreign air carrier (having been transported from, or thereafter being transported to, a place outside the United States on a different air carrier or
foreign air carrier) that is carried—
(A) under the code of a United States air carrier providing air transportation to Alaska;
(B) on an air carrier way bill of an air carrier providing air transportation to Alaska;
(C) under a term arrangement or block space agreement with an air carrier; or
(D) under the code of a United States air carrier for purposes of transportation within the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, §808, Dec. 12, 2003, 117 Stat. 2588.)
Historical and Revision Notes
Revised
Section
41703(a)

49 App.:1508(b) (1st sentence).

49 App.:1551(b)(1)(E).

41703(b)

49 App.:1508(b) (2d sentence).
49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1108(b)
(1st, 2d, last sentences), 72 Stat. 798, 799.
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.

41703(c)

49 App.:1508(b) (3d sentence).

41703(d)

49 App.:1551(b)(1)(E).
49 App.:1508(b) (last sentence).

Aug. 23, 1958, Pub. L. 85–726, §1108(b) (3d
sentence), 72 Stat. 799; Feb. 15, 1980,
Pub. L. 96–192, §20, 94 Stat. 43.

In subsection (a), the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States
Code. In clause (3), the words "permit, order, or regulation issued" are omitted as surplus. In clause (4), the words "conditions, and limitations"
are omitted as being included in "terms".
In subsection (b)(2), the word "agreement" is substituted for "treaty, convention, or agreement" for clarity and consistency in the revised title.
The words "which may be in force" are omitted as surplus. The words "or countries" are omitted because of 1:1.
In subsection (c), before clause (1), the word "place" is substituted for "point", and the word "passengers" is substituted for "persons", for
consistency in the revised title.
In subsection (d), the word "affect" is substituted for "limit, modify, or amend" to eliminate unnecessary words.
Editorial Notes

Amendments
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
Statutory Notes and Related Subsidiaries

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

§41704. Transporting property not to be transported in aircraft cabins
Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air
transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more
than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose
reasonable charges and conditions for its liability.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)
Historical and Revision Notes
Revised
Section
41704

49 App.:1516.

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1116; added Aug. 5, 1974, Pub. L. 93–
366, §205, 88 Stat. 418.
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.

The words "as may be necessary", "which . . . lawfully", and "by such person" are omitted as surplus. The words "The carrier is liable to pay
an amount not more than" are substituted for "shall assume liability . . . within" for clarity. The words "to such person" are omitted as surplus.
The words "The carrier may impose" are added for clarity. The words "terms and" are omitted as covered by "conditions".
Statutory Notes and Related Subsidiaries

Refunds for Delayed Baggage
Pub. L. 114–190, title II, §2305, July 15, 2016, 130 Stat. 640, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall issue final

regulations to require an air carrier or foreign air carrier to promptly provide to a passenger an automated refund for any ancillary fees paid by
the passenger for checked baggage if—
"(1) the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—
"(A) not later than 12 hours after the arrival of a domestic flight; or
"(B) not later than 15 hours after the arrival of an international flight; and
"(2) the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.
"(b) Exception.—If, as part of the rulemaking, the Secretary makes a determination on the record that a requirement under subsection (a) is
not feasible and would adversely affect consumers in certain cases, the Secretary may modify 1 or both of the deadlines specified in
subsection (a)(1) for such cases, except that—
"(1) the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and
"(2) the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight."

§41705. Discrimination against handicapped individuals
(a) In General.—In providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, may not discriminate against an
otherwise qualified individual on the following grounds:
(1) the individual has a physical or mental impairment that substantially limits one or more major life activities.
(2) the individual has a record of such an impairment.
(3) the individual is regarded as having such an impairment.
(b) Each Act Constitutes Separate Offense.—For purposes of section 46301, a separate violation occurs under this section for each individual act of
discrimination prohibited by subsection (a).
(c) Investigation of Complaints.—
(1) In general.—The Secretary shall investigate each complaint of a violation of subsection (a).
(2) Publication of data.—The Secretary shall publish disability-related complaint data in a manner comparable to other consumer complaint data.
(3) Review and report.—The Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability and
shall report annually to Congress on the results of such review.
(4) Technical assistance.—Not later than 180 days after the date of the enactment of this subsection, the Secretary shall—
(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and
the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and
responsibilities set forth in this section; and
(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this
section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, §707(a), Apr. 5, 2000, 114 Stat. 158; Pub. L. 108–176, title V, §503(d)(1), Dec.
12, 2003, 117 Stat. 2559.)

Historical and Revision Notes
Revised
Section
41705

Source (U.S. Code)
49 App.:1374(c).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§404(c); added Oct. 2, 1986, Pub. L. 99–
435, §2(a), 100 Stat. 1080.

In this section, before clause (1), the words "on the following grounds" are substituted for "by reason of such handicap" and "For purposes of
paragraph (1) of this subsection the term 'handicapped individual' means any individual who" because of the restatement.
Editorial Notes

References in Text
The date of the enactment of this subsection, referred to in subsec. (c)(4), is the date of enactment of Pub. L. 106–181, which was approved
Apr. 5, 2000.

Amendments
2003—Subsec. (b). Pub. L. 108–176 substituted "section 46301" for "section 46301(a)(3)(E)".
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, substituted "carrier, including (subject to section

40105(b)) any foreign air carrier," for "carrier" in introductory provisions, and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Regulations Ensuring Assistance for Passengers With Disabilities in Air Transportation
Pub. L. 115–254, div. B, title IV, §440, Oct. 5, 2018, 132 Stat. 3347, provided that:
"(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall—

"(1) review, and if necessary revise, applicable regulations to ensure that passengers with disabilities who request assistance while
traveling in air transportation receive dignified, timely, and effective assistance at airports and on aircraft from trained personnel; and
"(2) review, and if necessary revise, applicable regulations related to covered air carrier training programs for air carrier personnel,
including contractors, who provide physical assistance to passengers with disabilities to ensure that training under such programs—
"(A) occurs on an annual schedule for all new and continuing personnel charged with providing physical assistance; and
"(B) includes, as appropriate, instruction by personnel, with hands-on training for employees who physically lift or otherwise
physically assist passengers with disabilities, including the use of relevant equipment.
"(b) Types of Assistance.—The assistance referred to [in] subsection (a)(1) may include requests for assistance in boarding or deplaning an
aircraft, requests for assistance in connecting between flights, and other similar or related requests, as appropriate."

[For definition of "covered air carrier" as used in section 440 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Airline Passengers With Disabilities Bill of Rights
Pub. L. 115–254, div. B, title IV, §434, Oct. 5, 2018, 132 Stat. 3343, provided that:
"(a) Airline Passengers With Disabilities Bill of Rights.—The Secretary of Transportation shall develop a document, to be known as the

'Airline Passengers with Disabilities Bill of Rights', using plain language to describe the basic protections and responsibilities of covered air
carriers, their employees and contractors, and people with disabilities under the [sic] section 41705 of title 49, United States Code.
"(b) Content.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary shall include, at a
minimum, plain language descriptions of protections and responsibilities provided in law related to the following:
"(1) The right of passengers with disabilities to be treated with dignity and respect.
"(2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and
contractor personnel.
"(3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary
medications and medical supplies, including stowage of such wheelchairs, aids, and devices.
"(4) The right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability.
"(5) The right of passengers with disabilities to receive announcements in an accessible format.
"(6) The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or
the Department of Transportation.
"(c) Rule of Construction.—The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall
not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of the enactment of
this Act [Oct. 5, 2018] pursuant to any statute or regulation.
"(d) Consultations.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary of
Transportation shall consult with stakeholders, including disability organizations and covered air carriers and their contractors.
"(e) Display.—Each covered air carrier shall include the Airline Passengers with Disabilities Bill of Rights—
"(1) on a publicly available internet website of the covered air carrier; and
"(2) in any pre-flight notifications or communications provided to passengers who alert the covered air carrier in advance of the need for
accommodations relating to a disability.
"(f) Training.—Covered air carriers and contractors of covered air carriers shall submit to the Secretary of Transportation plans that ensure
employees of covered air carriers and their contractors receive training on the protections and responsibilities described in the Airline
Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in
subsection (b)."
[For definition of "covered air carrier" as used in section 434 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Harmonization of Service Animal Standards
Pub. L. 115–254, div. B, title IV, §437, Oct. 5, 2018, 132 Stat. 3344, provided that:
"(a) Rulemaking.—The Secretary of Transportation shall conduct a rulemaking proceeding—

"(1) to define the term 'service animal' for purposes of air transportation; and
"(2) to develop minimum standards for what is required for service and emotional support animals carried in aircraft cabins.
"(b) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—
"(1) whether to align the definition of 'service animal' with the definition of that term in regulations of the Department of Justice
implementing the Americans with Disabilities Act of 1990 (Public Law 101–336) [42 U.S.C. 12101 et seq.];
"(2) reasonable measures to ensure pets are not claimed as service animals, such as—
"(A) whether to require photo identification for a service animal identifying the type of animal, the breed of animal, and the service
the animal provides to the passenger;

"(B) whether to require documentation indicating whether or not a service animal was trained by the owner or an approved training
organization;
"(C) whether to require, from a licensed physician, documentation indicating the mitigating task or tasks a service animal provides
to its owner; and
"(D) whether to allow a passenger to be accompanied by more than 1 service animal;
"(3) reasonable measures to ensure the safety of all passengers, such as—
"(A) whether to require health and vaccination records for a service animal; and
"(B) whether to require third-party proof of behavioral training for a service animal;
"(4) the impact additional requirements on service animals could have on access to air transportation for passengers with disabilities;
and
"(5) if impacts on access to air transportation for passengers with disabilities are found, ways to eliminate or mitigate those impacts.
"(c) Final Rule.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section."

Advisory Committee on the Air Travel Needs of Passengers With Disabilities
Pub. L. 115–254, div. B, title IV, §439, Oct. 5, 2018, 132 Stat. 3345, provided that:
"(a) Establishment.—The Secretary of Transportation shall establish an advisory committee on issues related to the air travel needs of

passengers with disabilities (referred to in this section as the 'Advisory Committee').
"(b) Duties.—The Advisory Committee shall—
"(1) identify and assess the disability-related access barriers encountered by passengers with disabilities;
"(2) determine the extent to which the programs and activities of the Department of Transportation are addressing the barriers identified
in paragraph (1);
"(3) recommend consumer protection improvements to the air travel experience of passengers with disabilities;
"(4) advise the Secretary with regard to the implementation of section 41705 of title 49, United States Code; and
"(5) conduct such activities as the Secretary considers necessary to carry out this section.
"(c) Membership.—
"(1) In general.—The Advisory Committee shall be composed of at least 1 representative of each of the following groups:
"(A) Passengers with disabilities.
"(B) National disability organizations.
"(C) Air carriers.
"(D) Airport operators.
"(E) Contractor service providers.
"(F) Aircraft manufacturers.
"(G) Wheelchair manufacturers.
"(H) National veterans organizations representing disabled veterans.
"(2) Appointment.—The Secretary of Transportation shall appoint each member of the Advisory Committee.
"(3) Vacancies.—A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made.
"(d) Chairperson.—The Secretary of Transportation shall designate, from among the members appointed under subsection (c), an individual
to serve as chairperson of the Advisory Committee.
"(e) Travel Expenses.—Members of the Advisory Committee shall serve without pay, but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
"(f) Reports.—
"(1) In general.—Not later than 14 months after the date of establishment of the Advisory Committee, and annually thereafter, the
Advisory Committee shall submit to the Secretary of Transportation a report on the needs of passengers with disabilities in air travel,
including—

"(A) an assessment of existing disability-related access barriers, and any emerging disability-related access barriers that will likely
be an issue in the next 5 calendar years;
"(B) an evaluation of the extent to which the Department of Transportation's programs and activities are eliminating disabilityrelated access barriers;
"(C) a description of the Advisory Committee's actions;
"(D) a description of improvements related to the air travel experience of passengers with disabilities; and
"(E) any recommendations for legislation, administrative action, or other action that the Advisory Committee considers appropriate.
"(2) Report to congress.—Not later than 60 days after the date the Secretary receives the report under paragraph (1), the Secretary
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 copy of the report, including any additional findings or
recommendations that the Secretary considers appropriate.
"(g) Termination.—The Advisory Committee established under this section shall terminate on September 30, 2023.
"(h) Termination of the Next Generation Air Transportation System Senior Policy Committee.—The Next Generation Air Transportation
System Senior Policy Committee established by the Secretary of Transportation shall terminate on the date of the initial appointment of the
members of the Advisory Committee."

Training Policies Regarding Assistance for Persons With Disabilities
Pub. L. 115–254, div. B, title IV, §433, Oct. 5, 2018, 132 Stat. 3342, provided that: "Following the receipt of the report required under section
2107 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 622) [set out below], the Secretary of Transportation
shall develop, if appropriate, specific recommendations regarding improvements to wheelchair assistance provided by air carriers and
recommendations on how training programs by air carriers can address consumer complaints regarding wheelchair assistance."
Pub. L. 114–190, title II, §2107, July 15, 2016, 130 Stat. 622, provided that:
"(a) In General.—Not later than 270 days after the date of enactment of this Act [July 15, 2016], the Comptroller General of the United
States shall submit to Congress a report assessing required air carrier personnel and contractor training programs regarding the assistance of
persons with disabilities, including—
"(1) variations in training programs between air carriers;
"(2) instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action following a
review of the air carrier's training programs; and
"(3) actions taken by air carriers following requests described in paragraph (2).
"(b) Best Practices.—After the date the report is submitted under subsection (a), the Secretary of Transportation, based on the findings of
the report, shall develop, make publicly available, and appropriately disseminate to air carriers such best practices as the Secretary considers
necessary to improve the reviewed training programs."

Establishment of Higher International Standards
Pub. L. 106–181, title VII, §707(c), Apr. 5, 2000, 114 Stat. 158, provided that: "The Secretary [of Transportation] shall work with appropriate
international organizations and the aviation authorities of other nations to bring about the establishment of higher standards for
accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with air carriers."

Restrictions on Air Transportation of Peanuts; Scientific Study on Effect of Airborne Particles on
Passengers
Pub. L. 106–69, title III, §346, Oct. 9, 1999, 113 Stat. 1023, provided that: "Hereafter, none of the funds made available under this Act or any
other Act, may be used to implement, carry out, or enforce any regulation issued under section 41705 of title 49, United States Code, including any
regulation contained in part 382 of title 14, Code of Federal Regulations, or any other provision of law (including any Act of Congress,
regulation, or Executive order or any official guidance or correspondence thereto), that requires or encourages an air carrier (as that term is

defined in section 40102 of title 49, United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102
of title 49, United States Code)—
"(1) provide a peanut-free buffer zone or any other related peanut-restricted area; or
"(2) restrict the distribution of peanuts,
until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe
reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might
encounter in an aircraft."
Similar provisions were contained in Pub. L. 105–277, div. A, §101(g) [title III, §372], Oct. 21, 1998, 112 Stat. 2681–439, 2681-479.

§41706. Prohibitions against smoking on passenger flights
(a) Smoking Prohibition in Interstate and Intrastate Air Transportation.—An individual may not smoke—
(1) in an aircraft in scheduled passenger interstate or intrastate air transportation; or
(2) in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as
determined by the Administrator of the Federal Aviation Administration).
(b) Smoking Prohibition in Foreign Air Transportation.—The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit
smoking—
(1) in an aircraft in scheduled passenger foreign air transportation; and
(2) in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the
Administrator or a foreign government).
(c) Limitation on Applicability.—
(1) In general.—If a foreign government objects to the application of subsection (b) on the basis that subsection (b) provides for an extraterritorial
application of the laws of the United States, the Secretary shall waive the application of subsection (b) to a foreign air carrier licensed by that foreign
government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced by the Secretary.
(2) Alternative prohibition.—If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter
into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition.
(d) Electronic Cigarettes.—
(1) Inclusion.—The use of an electronic cigarette shall be treated as smoking for purposes of this section.
(2) Electronic cigarette defined.—In this section, the term "electronic cigarette" means a device that delivers nicotine to a user of the device in the form
of a vapor that is inhaled to simulate the experience of smoking.
(e) Regulations.—The Secretary shall prescribe such regulations as are necessary to carry out this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, §708(a), Apr. 5, 2000, 114 Stat. 159; Pub. L. 112–95, title IV, §401(a), Feb. 14,
2012, 126 Stat. 83; Pub. L. 115–254, div. B, title IV, §409, Oct. 5, 2018, 132 Stat. 3331.)
Historical and Revision Notes
Revised
Section
41706

Source (U.S. Code)
49 App.:1374(d)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§404(d)(1); added Dec. 22, 1987, Pub. L.
100–202, §328(a), 101 Stat. 1329–382;
Nov. 21, 1989, Pub. L. 101–164, §335
(less effective date), 103 Stat. 1098, 1099.

49 App.:1374 (note).

Nov. 21, 1989, Pub. L. 101–164, §335
(related to effective date), 103 Stat. 1099.

In subsection (a), before clause (1), the words "On and after the date of expiration of the 4-month period following December 22, 1987" are
omitted as executed. The words "of an aircraft" are added for clarity. The text of 49 App.:1374 (note) is omitted as executed.
Editorial Notes

Amendments
2018—Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e).
2012—Pub. L. 112–95, §401(a)(1), substituted "passenger" for "scheduled" in section catchline.
Subsecs. (a), (b). Pub. L. 112–95, §401(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
"(a) Smoking Prohibition in Intrastate and Interstate Air Transportation.—An individual may not smoke in an aircraft in scheduled

passenger interstate air transportation or scheduled passenger intrastate air transportation.
"(b) Smoking Prohibition in Foreign Air Transportation.—The Secretary of Transportation shall require all air carriers and foreign air carriers
to prohibit smoking in any aircraft in scheduled passenger foreign air transportation."
2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a) General.—An individual may not smoke in the passenger cabin or lavatory of an aircraft on a scheduled airline flight segment in air
transportation or intrastate air transportation that is—
"(1) between places in a State of the United States, the District of Columbia, Puerto Rico, or the Virgin Islands;
"(2) between a place in any jurisdiction referred to in clause (1) of this subsection (except Alaska and Hawaii) and a place in any other
of those jurisdictions; or
"(3)(A) scheduled for not more than 6 hours' duration; and
"(B)(i) between a place referred to in clause (1) of this subsection (except Alaska and Hawaii) and Alaska or Hawaii; or
"(ii) between Alaska and Hawaii.
"(b) Regulations.—The Secretary of Transportation shall prescribe regulations necessary to carry out this section."
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Pub. L. 106–181, title VII, §708(b), Apr. 5, 2000, 114 Stat. 159, provided that: "The amendment made by subsection (a) [amending this section]
shall take effect on the date that is 60 days after the date of the enactment of this Act [Apr. 5, 2000]."

§41707. Incorporating contract terms into written instrument
To the extent the Secretary of Transportation prescribes by regulation, an air carrier may incorporate by reference in a ticket or written instrument any term of
the contract for providing interstate air transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)
Historical and Revision Notes
Revised
Section
41707

Source (U.S. Code)
49 App.:1381(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

§411(b); added Oct. 4, 1984, Pub. L. 98–
443, §7(a), 98 Stat. 1706.

§41708. Reports
(a) Application.—To the extent the Secretary of Transportation finds necessary to carry out this subpart, this section and section 41709 of this title apply to a
person controlling an air carrier or affiliated (within the meaning of section 11343(c) of this title) with a carrier.
(b) Requirements.—The Secretary may require an air carrier or foreign air carrier—
(1)(A) to file annual, monthly, periodical, and special reports with the Secretary in the form and way prescribed by the Secretary; and
(B) to file the reports under oath;
(2) to provide specific answers to questions on which the Secretary considers information to be necessary; and
(3) to file with the Secretary a copy of each agreement, arrangement, contract, or understanding between the carrier and another carrier or person related to
transportation affected by this subpart.
(c) Diverted and Cancelled Flights.—
(1) Monthly reports.—The Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the
air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight
originates but is cancelled before wheels-off time.
(2) Applicability.—An air carrier that is required to file a monthly airline service quality performance report pursuant to part 234 of title 14, Code of Federal
Regulations, shall be subject to the requirement of paragraph (1).
(3) Contents.—A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:
(A) For a diverted flight—
(i) the flight number of the diverted flight;
(ii) the scheduled destination of the flight;
(iii) the date and time of the flight;
(iv) the airport to which the flight was diverted;
(v) wheels-on time at the diverted airport;
(vi) the time, if any, passengers deplaned the aircraft at the diverted airport; and
(vii) if the flight arrives at the scheduled destination airport—
(I) the gate-departure time at the diverted airport;
(II) the wheels-off time at the diverted airport;
(III) the wheels-on time at the scheduled arrival airport; and
(IV) the gate-arrival time at the scheduled arrival airport.
(B) For flights cancelled after gate departure—
(i) the flight number of the cancelled flight;
(ii) the scheduled origin and destination airports of the cancelled flight;
(iii) the date and time of the cancelled flight;
(iv) the gate-departure time of the cancelled flight; and
(v) the time the aircraft returned to the gate.
(4) Publication.—The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and
publish such report on the Internet Web site of the Department of Transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 112–95, title IV, §402(a), Feb. 14, 2012, 126 Stat. 83.)
Historical and Revision Notes

Revised
Section
41708(a)

Source (U.S. Code)
49 App.:1377(e) (last sentence).

49 App.:1551(b)(1)(E).

41708(b)

49 App.:1377(a).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §407(e) (last
sentence), 72 Stat. 766.
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.
Aug. 23, 1958, Pub. L. 85–726, §407(a), 72
Stat. 766; Feb. 15, 1980, Pub. L. 96–192,
§10, 94 Stat. 38.

In subsection (a), the word "reasonably" is omitted as surplus. The words "carry out" are substituted for "administration" for consistency in
the revised title. The words "section 11343(c) of this title" are substituted for "section 5(8) of the Interstate Commerce Act, as amended" in section
407(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 766), to cite the corresponding section of the revised title and correct the
inaccurate reference to the definition of "affiliate".
In subsection (b)(3), the word "copy" is substituted for "true copy" to eliminate an unnecessary word. The word "transportation" is substituted
for "traffic" for consistency in the revised title.
Editorial Notes

Amendments
2012—Subsec. (c). Pub. L. 112–95 added subsec. (c).
Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment
Pub. L. 112–95, title IV, §402(b), Feb. 14, 2012, 126 Stat. 84, provided that: "Beginning not later than 90 days after the date of enactment of this
Act [Feb. 14, 2012], the Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a)
[amending this section]."

§41709. Records of air carriers
(a) Requirements.—The Secretary of Transportation shall prescribe the form of records to be kept by an air carrier, including records on the movement of
traffic, receipts and expenditures of money, and the time period during which the records shall be kept. A carrier may keep only records prescribed or approved
by the Secretary. However, a carrier may keep additional records if the additional records do not impair the integrity of the records prescribed or approved by the
Secretary and are not an unreasonable financial burden on the carrier.
(b) Inspection.—(1) The Secretary at any time may—
(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier when necessary to decide under subchapter II of this chapter or section
41102, 41103, or 41302 of this title whether a carrier is fit, willing, and able; and
(B) inspect records kept or required to be kept by an air carrier, foreign air carrier, or ticket agent.
(2) The Secretary may employ special agents or auditors to carry out this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)

Historical and Revision Notes
Revised
Section
41709(a)

49 App.:1377(d).

49 App.:1551(b)(1)(E).

41709(b)

49 App.:1377(e) (1st–3d sentences).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §407(d), 72
Stat. 766.
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.
Aug. 23, 1958, Pub. L. 85–726, §407(e) (1st–
3d sentences), 72 Stat. 766; Jan. 3, 1975,
Pub. L. 93–623, §7(b), 88 Stat. 2105;
restated Oct. 4, 1984, Pub. L. 98–443,
§9(t), 98 Stat. 1708.

In subsection (a), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United
States Code.
In subsection (b)(1)(A) and (B), the word "inspect" is substituted for "have access to" for consistency in the revised title and with other titles
of the Code.
In subsection (b)(2), the words "to carry out this subsection" are substituted for "who shall have authority under the orders of the Board to
inspect and examine lands, buildings, equipment, accounts, records, and memorandums to which the Board has access under this
subsection" to eliminate unnecessary words.

§41710. Time requirements
When a matter requiring action of the Secretary of Transportation is submitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title and an
evidentiary hearing—
(1) is ordered, the Secretary shall make a final decision on the matter not later than the last day of the 12th month that begins after the date the matter is
submitted; or
(2) is not ordered, the Secretary shall make a final decision on the matter not later than the last day of the 6th month that begins after the date the matter is
submitted.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)
Historical and Revision Notes
Revised
Section
41710

49 App.:1490.

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1010; added Oct. 24, 1978, Pub. L. 95–
504, §38(a), 92 Stat. 1743.
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.

In this section, before clause (1), the words "matter requiring action of the Secretary" are substituted for "application or other written
document" for clarity. The reference to 49 App.:1378 and 1379 is omitted as obsolete because under 49 App.:1551(a)(7), those sections

ceased to be in effect on January 1, 1989. The words "on or after the one-hundred-eightieth day after October 24, 1978" are omitted as
executed. In clauses (1) and (2), the words "order or" are omitted as surplus.

§41711. Air carrier management inquiry and cooperation with other authorities
In carrying out this subpart, the Secretary of Transportation may—
(1) inquire into the management of the business of an air carrier and obtain from the air carrier, and a person controlling, controlled by, or under common
control with the carrier, information the Secretary decides reasonably is necessary to carry out the inquiry;
(2) confer and hold a joint hearing with a State authority; and
(3) exchange information related to aeronautics with a government of a foreign country through appropriate departments, agencies, and instrumentalities of
the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)
Historical and Revision Notes
Revised
Section
41711(1)

49 App.:1385.

49 App.:1551(b)(1)(E).

41711(2)

41711(3)

49 App.:1324(b).
49 App.:1551(b)(1)(E).
49 App.:1324(c)
49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§204(b), (c),
415, 72 Stat. 743, 770.
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.

In this section, before clause (1), the words "In carrying out" are substituted for "in connection with any matter arising under this chapter
within its jurisdiction" and "in the administration and enforcement of this chapter" in 49 App.:1324(b) and "For the purpose of exercising and
performing its powers and duties under this chapter" in 49 App.:1385, and added (as the words relate to 49 App.:1324(c)), for clarity and
consistency in this section. In clause (1), the words "full and complete reports and other" are omitted as surplus. In clause (2), the words "State
aeronautical agency, or other" are omitted as surplus. The text of 49 App.:1324(b) (words after 3d comma) is omitted as surplus because of
49:322(c)(3). In clause (3), the words "government of a foreign country" are substituted for "foreign governments" for consistency in the
revised title and with other titles of the United States Code.

§41712. Unfair and deceptive practices and unfair methods of competition
(a) In General.—On the initiative of the Secretary of Transportation or the complaint of an air carrier, foreign air carrier, air ambulance consumer (as defined
by the Secretary of Transportation), or ticket agent, and if the Secretary considers it is in the public interest, the Secretary may investigate and decide whether
an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation
or the sale of air transportation. If the Secretary, after notice and an opportunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is
engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the
practice or method.
(b) E-Ticket Expiration Notice.—It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent utilizing
electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date, if any.
(c) Disclosure Requirement for Sellers of Tickets for Flights.—

(1) In general.—It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to
sell tickets for air transportation on a flight of an air carrier to fail to disclose, whether verbally in oral communication or in writing in written or electronic
communication, prior to the purchase of a ticket—
(A) the name of the air carrier providing the air transportation; and
(B) if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.
(2) Internet offers.—In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by
paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, §221, Apr. 5, 2000, 114 Stat. 102; Pub. L. 111–216, title II, §210, Aug. 1, 2010,
124 Stat. 2362; Pub. L. 115–254, div. B, title IV, §419(b), Oct. 5, 2018, 132 Stat. 3336.)
Historical and Revision Notes
Revised
Section
41712

49 App.:1381(a).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §411(a), 72
Stat. 769; Oct. 4, 1984, Pub. L. 98–443,
§7(a), 98 Stat. 1706.
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.

The words "such action by" are omitted as surplus. The words "opportunity for a" are added for consistency in the revised title and with other
titles of the United States Code.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254 inserted "air ambulance consumer (as defined by the Secretary of Transportation)," after "of an air carrier,
foreign air carrier,".
2010—Subsec. (c). Pub. L. 111–216 added subsec. (c).
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

§41713. Preemption of authority over prices, routes, and service
(a) Definition.—In this section, "State" means a State, the District of Columbia, and a territory or possession of the United States.
(b) Preemption.—(1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air
transportation under this subpart.

(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except
charter air transportation) provided under a certificate issued under section 41102 of this title.
(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an
air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.
(4) Transportation by air carrier or carrier affiliated with a direct air carrier.—
(A) General rule.—Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact
or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a
direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property
has had or will have a prior or subsequent air movement).
(B) Matters not covered.—Subparagraph (A)—
(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or
limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with
regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and
(ii) does not apply to the transportation of household goods, as defined in section 13102 of this title.
(C) Applicability of paragraph (1).—This paragraph shall not limit the applicability of paragraph (1).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, §601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102,
§2(23), Nov. 20, 1997, 111 Stat. 2205.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
41713(a)

Source (U.S. Code)
49 App.:1305(c), (d) (related to (a),
(b)(1), (c)).

41713(b)(1)

49 App.:1305(a)(1).

41713(b)(2)

49 App.:1305(a)(2).
49 App.:1551(b)(1)(E).

41713(b)(3)

49 App.:1305(b)(1).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§105(a)(2), (b)(1), (c), (d) (related to (a),
(b)(1), (c)); added Oct. 24, 1978, Pub. L.
95–504, §4(a), 92 Stat. 1708.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§105(a)(1); added Oct. 24, 1978, Pub. L.
95–504, §4(a), 92 Stat. 1707; Oct. 4, 1984,
Pub. L. 98–443, §9(u), 98 Stat. 1709.
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.

In subsection (a), the words "the term" are omitted as surplus. The words "the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the Virgin Islands, and" are omitted as surplus because of the definition of "territory or possession of the
United States" in section 40102(a) of the revised title, 48:734, and section 502 of the Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America. The text of 49 App.:1305(c) is omitted as obsolete.
In subsection (b)(1) and (3), the words "interstate agency or other" are omitted as surplus. The word "authority" is substituted for "agency"
for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the word "rule" is omitted as being synonymous with "regulation". The words "standard" and "having authority" are
omitted as surplus.

In subsection (b)(2), the words "pursuant to a certificate issued by the Board", "by air of persons, property, or mail", and "the State of" are
omitted as surplus.
Pub. L. 105–102

This amends 49:41713(b)(4)(B)(ii) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC
Termination Act (Public Law 104–88, 109 Stat. 803).
Editorial Notes

Amendments
1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted "13102" for "10102".
1994—Subsec. (b)(2). Pub. L. 103–305, §601(b)(2)(A), substituted "Paragraphs (1) and (4) of this subsection do" for "Paragraph (1) of this

subsection does".
Subsec. (b)(4). Pub. L. 103–305, §601(b)(1), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.

§41714. Availability of slots
(a) Making Slots Available for Essential Air Service.—
(1) Operational authority.—If basic essential air service under subchapter II of this chapter is to be provided from an eligible point to a high density
airport (other than Ronald Reagan Washington National Airport), the Secretary of Transportation shall ensure that the air carrier providing or selected to
provide such service has sufficient operational authority at the high density airport to provide such service. The operational authority shall allow flights at
reasonable times taking into account the needs of passengers with connecting flights.
(2) Exemptions.—If necessary to carry out the objectives of paragraph (1), the Secretary shall by order grant exemptions from the requirements of subparts
K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to air carriers using Stage 3 aircraft or to commuter air
carriers, unless such an exemption would significantly increase operational delays.
(3) Assurance of access.—If the Secretary finds that an exemption under paragraph (2) would significantly increase operational delays, the Secretary
shall take such action as may be necessary to ensure that an air carrier providing or selected to provide basic essential air service is able to obtain access to a
high density airport.
(4) Action by the secretary.—The Secretary shall issue a final order under this subsection on or before the 60th day after receiving a request from an air
carrier for operational authority under this subsection.
(b) Slots for Foreign Air Transportation.—
(1) Exemptions.—If the Secretary finds it to be in the public interest at a high density airport (other than Ronald Reagan Washington National Airport), the
Secretary may grant by order exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at
high density airports), to enable air carriers and foreign air carriers to provide foreign air transportation using Stage 3 aircraft.
(2) Slot withdrawals.—The Secretary may not withdraw a slot at Chicago O'Hare International Airport from an air carrier in order to allocate that slot to a
carrier to provide foreign air transportation.
(3) Equivalent rights of access.—The Secretary shall not take a slot at a high density airport from an air carrier and award such slot to a foreign air
carrier if the Secretary determines that air carriers are not provided equivalent rights of access to airports in the country of which such foreign air carrier is a
citizen.

(4) Conversions of slots.—Effective May 1, 2000, slots at Chicago O'Hare International Airport allocated to an air carrier as of November 1, 1999, to
provide foreign air transportation shall be made available to such carrier to provide interstate or intrastate air transportation.
(c) Slots for New Entrants.—If the Secretary finds it to be in the public interest, the Secretary may by order grant exemptions from the requirements under
subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to enable new entrant air carriers to provide air
transportation at high density airports (other than Ronald Reagan Washington National Airport).
(d) Special Rules for Ronald Reagan Washington National Airport.—
(1) In general.—Notwithstanding sections 49104(a)(5) and 49111(e) of this title, or any provision of this section, the Secretary may, only under
circumstances determined by the Secretary to be exceptional, grant by order to an air carrier currently holding or operating a slot at Ronald Reagan
Washington National Airport an exemption from requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at
Ronald Reagan Washington National Airport), to enable that carrier to provide air transportation with Stage 3 aircraft at Ronald Reagan Washington National
Airport; except that such exemption shall not—
(A) result in an increase in the total number of slots per day at Ronald Reagan Washington National Airport;
(B) result in an increase in the total number of slots at Ronald Reagan Washington National Airport from 7:00 ante meridiem to 9:59 post meridiem;
(C) increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period by more than 2 operations;
(D) result in the withdrawal or reduction of slots operated by an air carrier;
(E) result in a net increase in noise impact on surrounding communities resulting from changes in timing of operations permitted under this subsection;
and
(F) continue in effect on or after the date on which the final rules issued under subsection (f) become effective.
(2) Limitation on applicability.—Nothing in this subsection shall adversely affect Exemption No. 5133, as from time-to-time amended and extended.
(e) Study.—
(1) Matters to be considered.—The Secretary shall continue the Secretary's current examination of slot regulations and shall ensure that the
examination includes consideration of—
(A) whether improvements in technology and procedures of the air traffic control system and the use of quieter aircraft make it possible to eliminate the
limitations on hourly operations imposed by the high density rule contained in part 93 of title 14 of the Code of Federal Regulations or to increase the
number of operations permitted under such rule;
(B) the effects of the elimination of limitations or an increase in the number of operations allowed on each of the following:
(i) congestion and delay in any part of the national aviation system;
(ii) the impact of noise on persons living near the airport;
(iii) competition in the air transportation system;
(iv) the profitability of operations of airlines serving the airport; and
(v) aviation safety;
(C) the impact of the current slot allocation process upon the ability of air carriers to provide essential air service under subchapter II of this chapter;
(D) the impact of such allocation process upon the ability of new entrant air carriers to obtain slots in time periods that enable them to provide service;
(E) the impact of such allocation process on the ability of foreign air carriers to obtain slots;
(F) the fairness of such process to air carriers and the extent to which air carriers are provided equivalent rights of access to the air transportation market
in the countries of which foreign air carriers holding slots are citizens;
(G) the impact, on the ability of air carriers to provide domestic and international air service, of the withdrawal of slots from air carriers in order to provide
slots for foreign air carriers; and
(H) the impact of the prohibition on slot withdrawals in subsections (b)(2) and (b)(3) of this section on the aviation relationship between the United States
Government and foreign governments, including whether the prohibition in such subsections will require the withdrawal of slots from general and military
aviation in order to meet the needs of air carriers and foreign air carriers providing foreign air transportation (and the impact of such withdrawal on general
aviation and military aviation) and whether slots will become available to meet the needs of air carriers and foreign air carriers to provide foreign air
transportation as a result of the planned relocation of Air Force Reserve units and the Air National Guard at O'Hare International Airport.

(2) Report.—Not later than January 31, 1995, the Secretary shall complete the current examination of slot regulations and shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report
containing the results of such examination.
(f) Rulemaking.—The Secretary shall conduct a rulemaking proceeding based on the results of the study described in subsection (e). In the course of such
proceeding, the Secretary shall issue a notice of proposed rulemaking not later than August 1, 1995, and shall issue a final rule not later than 90 days after
public comments are due on the notice of proposed rulemaking.
(g) Weekend Operations.—The Secretary shall consider the advisability of revising section 93.227 of title 14, Code of Federal Regulations, so as to
eliminate weekend schedules from the determination of whether the 80 percent standard of subsection (a)(1) of that section has been met.
(h) Definitions.—In this section and sections 41715–41718 and 41734(h), the following definitions apply:
(1) Commuter air carrier.—The term "commuter air carrier" means a commuter operator as defined or applied in subpart K or S of part 93 of title 14,
Code of Federal Regulations.
(2) High density airport.—The term "high density airport" means an airport at which the Administrator limits the number of instrument flight rule takeoffs
and landings of aircraft.
(3) New entrant air carrier.—The term "new entrant air carrier" means an air carrier that does not hold a slot at the airport concerned and has never
sold or given up a slot at that airport after December 16, 1985, and a limited incumbent carrier.
(4) Slot.—The term "slot" means a reservation for an instrument flight rule takeoff or landing by an air carrier of an aircraft in air transportation.
(5) Limited incumbent air carrier.—The term "limited incumbent air carrier" has the meaning given that term in subpart S of part 93 of title 14, Code of
Federal Regulations; except that—
(A) "40" shall be substituted for "12" in sections 93.213(a)(5), 93.223(c)(3), and 93.225(h);
(B) for purposes of such sections, the term "slot" shall not include—
(i) "slot exemptions";
(ii) slots operated by an air carrier under a fee-for-service arrangement for another air carrier, if the air carrier operating such slots does not sell flights in
its own name, and is under common ownership with an air carrier that seeks to qualify as a limited incumbent and that sells flights in its own name; or
(iii) slots held under a sale and license-back financing arrangement with another air carrier, where the slots are under the marketing control of the other
air carrier; and
(C) for Ronald Reagan Washington National Airport, the Administrator shall not count, for the purposes of section 93.213(a)(5), slots currently held by an
air carrier but leased out on a long-term basis by that carrier for use in foreign air transportation and renounced by the carrier for return to the Department of
Transportation or the Federal Aviation Administration.
(6) Regional jet.—The term "regional jet" means a passenger, turbofan-powered aircraft with a certificated maximum passenger seating capacity of less
than 71.
(7) Nonhub airport.—The term "nonhub airport" means an airport that had less than .05 percent of the total annual boardings in the United States as
determined under the Federal Aviation Administration's Primary Airport Enplanement Activity Summary for Calendar Year 1997.
(8) Small hub airport.—The term "small hub airport" means an airport that had at least .05 percent, but less than .25 percent, of the total annual
boardings in the United States as determined under the summary referred to in paragraph (7).
(9) Medium hub airport.—The term "medium hub airport" means an airport that each year has at least .25 percent, but less than 1.0 percent, of the total
annual boardings in the United States as determined under the summary referred to in paragraph (7).
(i) 60-Day Application Process.—
(1) Request for slot exemptions.—Any slot exemption request filed with the Secretary under this section or section 41716 or 41717 (other than
subsection (c)) shall include—
(A) the names of the airports to be served;
(B) the times requested; and
(C) such additional information as the Secretary may require.

(2) Action on request; failure to act.—Within 60 days after a slot exemption request under this section or section 41716 or 41717 (other than
subsection (c)) is received by the Secretary, the Secretary shall—
(A) approve the request if the Secretary determines that the requirements of the section under which the request is made are met;
(B) return the request to the applicant for additional information relating to the request to provide air transportation; or
(C) deny the request and state the reasons for its denial.
(3) 60-day period tolled for timely request for more information.—If the Secretary returns under paragraph (2)(B) the request for additional
information during the first 20 days after the request is filed, then the 60-day period under paragraph (2) shall be tolled until the date on which the additional
information is filed with the Secretary.
(4) Failure to determine deemed approval.—If the Secretary neither approves the request under paragraph (2)(A) nor denies the request under
paragraph (2)(C) within the 60-day period beginning on the date the request is received, excepting any days during which the 60-day period is tolled under
paragraph (3), then the request is deemed to have been approved on the 61st day, after the request was filed with the Secretary.
(j) Exemptions May Not Be Transferred.—No exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations,
granted under this section or section 41716, 41717, or 41718 may be bought, sold, leased, or otherwise transferred by the carrier to which it is granted, except
through an air carrier merger or acquisition.
(k) Affiliated Carriers.—For purposes of this section and sections 41716, 41717, and 41718, an air carrier that operates under the same designator code,
or has or enters into a code-share agreement, with any other air carrier shall not qualify for a new slot or slot exemption as a new entrant or limited incumbent air
carrier at an airport if the total number of slots and slot exemptions held by the two carriers at the airport exceed 20 slots and slot exemptions.
(Added Pub. L. 103–305, title II, §206(a)(1), Aug. 23, 1994, 108 Stat. 1584; amended Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–66, title
III, §345, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 105–102, §2(24), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–154, §2(a)(1)(C), (2), Feb. 6, 1998, 112 Stat. 3;
Pub. L. 106–181, title II, §231(a), (d)(2)–(4), Apr. 5, 2000, 114 Stat. 106, 112; Pub. L. 112–95, title IV, §414(c), (d), Feb. 14, 2012, 126 Stat. 92.)

Historical and Revision Notes
Pub. L. 105–102

This amends 49:41714(d)(1) to make a conforming cross-reference necessary because of the restatement of the Metropolitan Washington
Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–373, Public Law 99–591, 100 Stat. 3341–376) by section 2(26) of this Act as chapter 491 of title
49.
Editorial Notes

Amendments
2012—Subsec. (h)(5)(A). Pub. L. 112–95, §414(c)(1), substituted "40" for "20".
Subsec. (h)(5)(B). Pub. L. 112–95, §414(c)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "for purposes

of such sections, the term 'slot' shall include 'slot exemptions'; and".
Subsec. (j). Pub. L. 112–95, §414(d), substituted ", except through an air carrier merger or acquisition." for period at end.
2000—Subsec. (a)(3). Pub. L. 106–181, §231(d)(2), struck out before period at end "; except that the Secretary shall not be required to make
slots available at O'Hare International Airport in Chicago, Illinois, if the number of slots available for basic essential air service (including slots
specifically designated as essential air service slots and slots used for such purposes) to and from such airport is at least 132 slots".
Subsec. (b)(2). Pub. L. 106–181, §231(d)(3), inserted "at Chicago O'Hare International Airport" after "a slot" and struck out before period at
end "if the withdrawal of that slot would result in the withdrawal of slots from an air carrier at O'Hare International Airport under section 93.223
of title 14, Code of Federal Regulations, in excess of the total withdrawn from that air carrier as of October 31, 1993".
Subsec. (b)(4). Pub. L. 106–181, §231(d)(4), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: "This
subsection and exemptions issued under this subsection shall cease to be in effect when the final rules issued under subsection (f) become
effective."

Subsec. (c). Pub. L. 106–181, §231(a)(4), reenacted subsec. heading and struck out "(1) In general.—" before "If the Secretary finds", "and
the circumstances to be exceptional" before ", the Secretary may by", and par. (2) heading and text. Text of par. (2) read as follows:
"Exemptions issued under this subsection shall cease to be in effect on or after the date on which the final rules issued under subsection (f)
become effective."
Subsec. (h). Pub. L. 106–181, §231(a)(5)(A), in introductory provisions, substituted "and sections 41715–41718 and 41734(h)" for "and
section 41734(h)".
Subsec. (h)(3). Pub. L. 106–181, §231(a)(5)(B), struck out "as defined in subpart S of part 93 of title 14, Code of Federal Regulations" before
period at end.
Subsec. (h)(5) to (9). Pub. L. 106–181, §231(a)(5)(C), added pars. (5) to (9).
Subsec. (i). Pub. L. 106–181, §231(a)(1), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: "Within
120 days after receiving an application for an exemption under subsection (a)(2) to improve air service between a nonhub airport (as defined
in section 41731(a)(4)) and a high density airport subject to the exemption authority under subsection (a), the Secretary shall grant or deny the
exemption. The Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and the House Committee on
Transportation and Infrastructure of the grant or denial within 14 calendar days after the determination and state the reasons for the
determination."
Subsecs. (j), (k). Pub. L. 106–181, §231(a)(2), (3), added subsecs. (j) and (k).
1998—Subsecs. (a)(1), (b)(1), (c)(1), (d). Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National
Airport" wherever appearing in text and in subsec. (d) heading.
1997—Subsec. (d)(1). Pub. L. 105–102 substituted "sections 49104(a)(5) and 49111(e) of this title" for "sections 6005(c)(5) and 6009(e) of the
Metropolitan Washington Airports Act of 1986".
Subsec. (i). Pub. L. 105–66 added subsec. (i).
1996—Subsec. (e)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Return of Withdrawn Slots
Pub. L. 106–181, title II, §231(d)(5), Apr. 5, 2000, 114 Stat. 112, provided that: "The Secretary [of Transportation] shall return any slot withdrawn
from an air carrier under section 41714(b) of title 49, United States Code, before the date of the enactment of this Act [Apr. 5, 2000], to that carrier
on April 30, 2000."

§41715. Phase-out of slot rules at certain airports
(a) Termination.—The rules contained in subparts S and K of part 93, title 14, Code of Federal Regulations, shall not apply—
(1) after July 1, 2002, at Chicago O'Hare International Airport; and
(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy International Airport.
(b) Statutory Construction.—Nothing in this section and sections 41714 and 41716–41718 shall be construed—
(1) as affecting the Federal Aviation Administration's authority for safety and the movement of air traffic; and
(2) as affecting any other authority of the Secretary to grant exemptions under section 41714.

(c) Factors To Consider.—
(1) In general.—Before the award of slot exemptions under sections 41714 and 41716–41718, the Secretary of Transportation may consider, among other
determining factors, whether the petitioning air carrier's proposal provides the maximum benefit to the United States economy, including the number of United
States jobs created by the air carrier, its suppliers, and related activities. The Secretary should give equal consideration to the consumer benefits associated
with the award of such exemptions.
(2) Applicability.—Paragraph (1) does not apply in any case in which the air carrier requesting the slot exemption is proposing to use under the exemption
a type of aircraft for which there is not a competing United States manufacturer.
(Added Pub. L. 106–181, title II, §231(b)(2), Apr. 5, 2000, 114 Stat. 108.)
Editorial Notes

Prior Provisions
A prior section 41715 was renumbered section 41719 of this title.
Statutory Notes and Related Subsidiaries

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

§41716. Interim slot rules at New York airports
(a) Exemptions for Air Service to Small and Nonhub Airports.—Subject to section 41714(i), the Secretary of Transportation shall grant, by order,
exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports) to any
air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between LaGuardia Airport or
John F. Kennedy International Airport and a small hub airport or nonhub airport—
(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air
carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was
being provided during the week of November 1, 1999.
(b) Exemptions for New Entrant and Limited Incumbent Air Carriers.—Subject to section 41714(i), the Secretary shall grant, by order, exemptions
from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant
air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia Airport or John F. Kennedy International Airport if the number of slot
exemptions granted under this subsection to such air carrier with respect to such airport when added to the slots and slot exemptions held by such air carrier
with respect to such airport does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an
incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia
Airport and a small hub airport or nonhub airport.
(c) Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by
the Secretary).
(d) Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from LaGuardia Airport or
John F. Kennedy International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the
enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining

to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation
for that route before July 1, 2003, unless—
(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or
(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that
the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the
date of submission of the notice.
(Added Pub. L. 106–181, title II, §231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, §199, Dec. 8, 2004, 118 Stat. 3235.)
Editorial Notes

References in Text
The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 106–181, which was approved Apr.
5, 2000.

Prior Provisions
A prior section 41716 was renumbered section 41720 of this title.

Amendments
2004—Subsec. (b). Pub. L. 108–447 inserted before period at end "; except that the Secretary may grant not to exceed 4 additional slot
exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1,
2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport".
Statutory Notes and Related Subsidiaries

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

§41717. Interim application of slot rules at Chicago O'Hare International Airport
(a) Slot Operating Window Narrowed.—Effective July 1, 2001, the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations,
do not apply with respect to aircraft operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O'Hare International Airport.
(b) Exemptions for Air Service to Small and Nonhub Airports.—Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall
grant, by order, exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density
airports), to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between Chicago
O'Hare International Airport and a small hub or nonhub airport—
(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air
carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was
being provided during the week of November 1, 1999.
(c) Exemptions for New Entrant and Limited Incumbent Air Carriers.—

(1) In general.—The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal
Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O'Hare International Airport.
(2) Deadline for granting exemptions.—The Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such
exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.
(d) Slots Used To Provide Turboprop Service.—
(1) In general.—Except as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation
under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air
transportation.
(2) Two-for-one exception.—An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air
transportation.
(3) Withdrawal of slot.—If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation
that replaced the turboprop air transportation, the Secretary shall withdraw the slot that is being used under paragraph (2).
(4) Continuation.—If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that
replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall
allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).
(e) International Service at O'Hare Airport.—
(1) Termination of requirements.—Subject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations,
shall be of no force and effect at Chicago O'Hare International Airport after May 1, 2000, with respect to any aircraft providing foreign air transportation.
(2) Exception relating to reciprocity.—The Secretary may limit access to Chicago O'Hare International Airport with respect to foreign air transportation
being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in
which that carrier is domiciled does not provide reciprocal airport access for air carriers.
(f) Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by
the Secretary).
(g) Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from Chicago O'Hare
International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this
subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high
density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation service for that
route for a period of 1 year after the date on which those requirements cease to apply to such airport unless—
(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or
(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that
the carrier suffered excessive losses, including substantial losses on operations on that route during the calendar quarters immediately preceding submission
of the notice.
(Added Pub. L. 106–181, title II, §231(d)(1), Apr. 5, 2000, 114 Stat. 110.)
Editorial Notes

References in Text
The date of the enactment of this subsection, referred to in subsec. (g), is the date of enactment of Pub. L. 106–181, which was approved Apr.
5, 2000.
Statutory Notes and Related Subsidiaries

Effective Date

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

§41718. Special rules for Ronald Reagan Washington National Airport
(a) Beyond-Perimeter Exemptions.—The Secretary shall grant, by order, 24 exemptions from the application of sections 49104(a)(5), 49109, 49111(e), and
41714 of this title to air carriers to operate limited frequencies and aircraft on select routes between Ronald Reagan Washington National Airport and domestic
hub airports and exemptions from the requirements of subparts K and S of part 93, Code of Federal Regulations, if the Secretary finds that the exemptions will—
(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;
(2) increase competition by new entrant air carriers or in multiple markets;
(3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109; and
(4) not result in meaningfully increased travel delays.
(b) Within-Perimeter Exemptions.—The Secretary shall grant, by order, 20 exemptions from the requirements of sections 49104(a)(5), 49111(e), and 41714
of this title and subparts K and S of part 93 of title 14, Code of Federal Regulations, to air carriers for providing air transportation to airports within the perimeter
established for civil aircraft operations at Ronald Reagan Washington National Airport under section 49109. The Secretary shall develop criteria for distributing
slot exemptions for flights within the perimeter to such airports under this paragraph in a manner that promotes air transportation—
(1) by new entrant air carriers and limited incumbent air carriers;
(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;
(3) to small communities;
(4) that will provide competitive nonstop air transportation on a monopoly nonstop route to Ronald Reagan Washington National Airport; or
(5) that will produce the maximum competitive benefits, including low fares.
(c) Limitations.—
(1) Stage 3 aircraft required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined
by the Secretary).
(2) General exemptions.—
(A) Hourly limitation.—The exemptions granted—
(i) under subsections (a) and (b) and departures authorized under subsection (g)(2) may not be for operations between the hours of 10:00 p.m. and
7:00 a.m.; and
(ii) under subsections (a), (b), and (g) may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59 p.m. by more than 5 operations.
(B) Use of existing slots.—A non-limited incumbent air carrier utilizing an exemption authorized under subsection (g)(3) for an arrival permitted
between the hours of 10:01 p.m. and 11:00 p.m. under this section shall discontinue use of an existing slot during the same time period the arrival
exemption is operated.
(3) Allocation of within-perimeter exemptions.—Of the exemptions granted under subsection (b)—
(A) without regard to the criteria contained in subsection (b)(1), six shall be for air transportation to small hub airports and nonhub airports;
(B) ten shall be for air transportation to medium hub and smaller airports; and
(C) four shall be for air transportation to airports without regard to their size.
(4) Applicability to exemption no. 5133.—Nothing in this section affects Exemption No. 5133, as from time-to-time amended and extended.
(d) Application Procedures.—The Secretary shall establish procedures to ensure that all requests for exemptions under this section are granted or denied
within 90 days after the date on which the request is made.

(e) Applicability of Certain Laws.—Neither the request for, nor the granting of an exemption, under this section shall be considered for purposes of any
Federal law a major Federal action significantly affecting the quality of the human environment.
(f) Commuters Defined.—For purposes of aircraft operations at Ronald Reagan Washington National Airport under subpart K of part 93 of title 14, Code of
Federal Regulations, the term "commuters" means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less.
(g) Additional Slot Exemptions.—
(1) Increase in slot exemptions.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Secretary
shall grant, by order 16 exemptions from—
(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan
Washington National Airport and airports located beyond the perimeter described in section 49109; and
(B) the requirements of subparts K and S of part 93, Code of Federal Regulations.
(2) New entrants and limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to limited
incumbent air carriers or new entrant air carriers (as such terms are defined in section 41714(h)). Such exemptions shall be allocated pursuant to the
application process established by the Secretary under subsection (d). The Secretary shall consider the extent to which the exemptions will—
(A) provide air transportation with domestic network benefits in areas beyond the perimeter described in section 49109;
(B) increase competition in multiple markets;
(C) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109;
(D) not result in meaningfully increased travel delays;
(E) enhance options for nonstop travel to and from the beyond-perimeter airports that will be served as a result of those exemptions;
(F) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions; or
(G) produce public benefits, including the likelihood that the service to airports located beyond the perimeter described in section 49109 will result in lower
fares, higher capacity, and a variety of service options.
(3) Improved network slots.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers
qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Modernization
and Reform Act of 2012. Each such non-limited incumbent air carrier—
(A) may operate up to a maximum of 2 of the newly authorized slot exemptions;
(B) prior to exercising an exemption made available under paragraph (1), shall discontinue the use of a slot for service between Ronald Reagan
Washington National Airport and a large hub airport within the perimeter as described in section 49109, and operate, in place of such service, service
between Ronald Reagan Washington National Airport and an airport located beyond the perimeter described in section 49109;
(C) shall be entitled to return of the slot by the Secretary if use of the exemption made available to the carrier under paragraph (1) is discontinued;
(D) shall have sole discretion concerning the use of an exemption made available under paragraph (1), including the initial or any subsequent beyond
perimeter destinations to be served; and
(E) shall file a notice of intent with the Secretary and subsequent notices of intent, when appropriate, to inform the Secretary of any change in
circumstances concerning the use of any exemption made available under paragraph (1).
(4) Notices of intent.—Notices of intent under paragraph (3)(E) shall specify the beyond perimeter destination to be served and the slots the carrier shall
discontinue using to serve a large hub airport located within the perimeter.
(5) Conditions.—Beyond-perimeter flight operations carried out by an air carrier using an exemption granted under this subsection shall be subject to the
following conditions:
(A) An air carrier may not operate a multi-aisle or widebody aircraft in conducting such operations.
(B) An air carrier granted an exemption under this subsection is prohibited from transferring the rights to its beyond-perimeter exemptions pursuant to
section 41714(j).
(h) Scheduling Priority.—In administering this section, the Secretary shall—
(1) afford a scheduling priority to operations conducted by new entrant air carriers and limited incumbent air carriers over operations conducted by other air
carriers granted additional slot exemptions under subsection (g) for service to airports located beyond the perimeter described in section 49109;

(2) afford a scheduling priority to slot exemptions currently held by new entrant air carriers and limited incumbent air carriers for service to airports located
beyond the perimeter described in section 49109, to the extent necessary to protect viability of such service; and
(3) consider applications from foreign air carriers that are certificated by the government of Canada if such consideration is required by the bilateral aviation
agreement between the United States and Canada and so long as the conditions and limitations under this section apply to such foreign air carriers.
(Added Pub. L. 106–181, title II, §231(e)(1), Apr. 5, 2000, 114 Stat. 112; amended Pub. L. 108–176, title IV, §§425, 426(a), Dec. 12, 2003, 117 Stat. 2555; Pub.
L. 112–95, title IV, §414(a), (b), Feb. 14, 2012, 126 Stat. 90, 92.)
Editorial Notes

References in Text
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (g)(1), (3), is the date of enactment of Pub.

L. 112–95, which was approved Feb. 14, 2012.

Amendments
2012—Subsec. (c)(2). Pub. L. 112–95, §414(b), amended par. (2) generally. Prior to amendment, text read as follows: "The exemptions
granted under subsections (a) and (b) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m. and may not increase the
number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m.
by more than 3 operations."
Subsecs. (g), (h). Pub. L. 112–95, §414(a), added subsecs. (g) and (h).
2003—Subsec. (a). Pub. L. 108–176, §425(a), substituted "24 exemptions" for "12 exemptions" in introductory provisions.
Subsec. (b). Pub. L. 108–176, §425(b), in introductory provisions, substituted "20 exemptions" for "12 exemptions" and struck out "that were
designated as medium hub or smaller airports" before "within the perimeter established".
Subsec. (c)(2). Pub. L. 108–176, §425(c)(1), substituted "3 operations" for "two operations".
Subsec. (c)(3)(A). Pub. L. 108–176, §425(c)(2)(A), substituted "without regard to the criteria contained in subsection (b)(1), six" for "four" and
struck out "and" at end.
Subsec. (c)(3)(B). Pub. L. 108–176, §425(c)(2)(B), substituted "ten" for "eight" and "; and" for period at end.
Subsec. (c)(3)(C). Pub. L. 108–176, §425(c)(2)(C), added subpar. (C).
Subsec. (d). Pub. L. 108–176, §425(d), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
"(1) Deadline for submission.—All requests for exemptions under this section must be submitted to the Secretary not later than the 30th day
following the date of the enactment of this subsection.
"(2) Deadline for comments.—All comments with respect to any request for an exemption under this section must be submitted to the
Secretary not later than the 45th day following the date of the enactment of this subsection.
"(3) Deadline for final decision.—Not later than the 90th day following the date of the enactment of this Act, the Secretary shall make a
decision regarding whether to approve or deny any request that is submitted to the Secretary in accordance with paragraph (1)."
Subsec. (f). Pub. L. 108–176, §426(a), added subsec. (f).
Statutory Notes and Related Subsidiaries

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

Effective Date

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

Regulations
Pub. L. 108–176, title IV, §426(b), Dec. 12, 2003, 117 Stat. 2556, provided that: "The Administrator of the Federal Aviation Administration shall
revise regulations to take into account the amendment made by subsection (a) [amending this section]."

General Aviation Flights at Ronald Reagan Washington National Airport
Pub. L. 108–176, title VIII, §823, Dec. 12, 2003, 117 Stat. 2595, provided that:
"(a) Security Plan.—The Secretary of Homeland Security shall develop and implement a security plan to permit general aviation aircraft to

land and take off at Ronald Reagan Washington National Airport.
"(b) Landings and Takeoffs.—The Administrator of the Federal Aviation Administration shall allow general aviation aircraft that comply with
the requirements of the security plan to land and take off at the Airport except during any period that the President suspends the plan
developed under subsection (a) due to national security concerns.
"(c) Report.—If the President suspends the security plan developed under subsection (a), the President shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a
report on the reasons for the suspension not later than 30 days following the first day of the suspension. The report may be submitted in
classified form."

§41719. Air service termination notice
(a) In General.—An air carrier may not terminate interstate air transportation from a nonhub airport included on the Secretary of Transportation's latest
published list of such airports, unless such air carrier has given the Secretary at least 45 days' notice before such termination.
(b) Exceptions.—The requirements of subsection (a) shall not apply when—
(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies, equipment-related
emergencies, and strikes;
(2) the termination of transportation is made for seasonal purposes only;
(3) the carrier involved has operated at the affected nonhub airport for 180 days or less;
(4) the carrier involved provides other transportation by jet from another airport serving the same community as the affected nonhub airport; or
(5) the carrier involved makes alternative arrangements, such as a change of aircraft size, or other types of arrangements with a part 121 or part 135 air
carrier, that continues uninterrupted service from the affected nonhub airport.
(c) Waivers for Regional/Commuter Carriers.—Before January 1, 1995, the Secretary shall establish terms and conditions under which
regional/commuter carriers can be excluded from the termination notice requirement.
(d) Definitions.—In this section, the following definitions apply:
(1) Part 121 air carrier.—The term "part 121 air carrier" means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies.
(2) Part 135 air carrier.—The term "part 135 air carrier" means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies.
(3) Regional/commuter carriers.—The term "regional/commuter carrier" means—
(A) a part 135 air carrier; or
(B) a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers.
(4) Termination.—The term "termination" means the cessation of all service at an airport by an air carrier.
(Added Pub. L. 103–305, title II, §207(a), Aug. 23, 1994, 108 Stat. 1587, §41715; amended Pub. L. 103–429, §6(53), Oct. 31, 1994, 108 Stat. 4385; Pub. L.
104–287, §5(73), Oct. 11, 1996, 110 Stat. 3396; renumbered §41719, Pub. L. 106–181, title II, §231(b)(1), Apr. 5, 2000, 114 Stat. 108; Pub. L. 108–176, title II,
§225(b)(1), Dec. 12, 2003, 117 Stat. 2528.)

Historical and Revision Notes
This amends 49:41715(a) to conform to the style of title 49.
Editorial Notes

Amendments
2003—Subsec. (d). Pub. L. 108–176 redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which defined
"nonhub airport".
2000—Pub. L. 106–181 renumbered section 41715 of this title as this section.
1996—Subsec. (a). Pub. L. 104–287 substituted "Secretary of Transportation's" for "Secretary's".
1994—Subsec. (d)(1). Pub. L. 103–429 substituted "41731(a)(4)" for "41731(a)(3)".
Statutory Notes and Related Subsidiaries

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

Effective Date
Pub. L. 103–305, title II, §207(d), Aug. 23, 1994, 108 Stat. 1588, provided that: "The amendments made by this section [enacting this section
and amending section 46301 of this title] shall take effect on February 1, 1995."

§41720. Joint venture agreements
(a) Definitions.—In this section, the following definitions apply:
(1) Joint venture agreement.—The term "joint venture agreement" means an agreement between two or more major air carriers on or after January 1,
1998, with regard to (A) code-sharing, blocked-space arrangements, long-term wet leases (as defined in section 207.1 of title 14, Code of Federal
Regulations) of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or (B) any other cooperative working
arrangement (as defined by the Secretary by regulation) between 2 or more major air carriers that affects more than 15 percent of the total number of available
seat miles offered by the major air carriers.
(2) Major air carrier.—The term "major air carrier" means a passenger air carrier that is certificated under chapter 411 of this title and included in Carrier
Group III under criteria contained in section 04 of part 241 of title 14, Code of Federal Regulations.
(b) Submission of Joint Venture Agreement.—At least 30 days before a joint venture agreement may take effect, each of the major air carriers that
entered into the agreement shall submit to the Secretary—
(1) a complete copy of the joint venture agreement and all related agreements; and
(2) other information and documentary material that the Secretary may require by regulation.
(c) Extension of Waiting Period.—
(1) In general.—The Secretary may extend the 30-day period referred to in subsection (b) until—
(A) in the case of a joint venture agreement with regard to code-sharing, the 150th day following the last day of such period; and
(B) in the case of any other joint venture agreement, the 60th day following the last day of such period.

(2) Publication of reasons for extension.—If the Secretary extends the 30-day period referred to in subsection (b), the Secretary shall publish in the
Federal Register the Secretary's reasons for making the extension.
(d) Termination of Waiting Period.—At any time after the date of submission of a joint venture agreement under subsection (b), the Secretary may
terminate the waiting periods referred to in subsections (b) and (c) with respect to the agreement.
(e) Regulations.—The effectiveness of a joint venture agreement may not be delayed due to any failure of the Secretary to issue regulations to carry out this
section.
(f) Memorandum To Prevent Duplicative Reviews.—Promptly after the date of enactment of this section, the Secretary shall consult with the Assistant
Attorney General of the Antitrust Division of the Department of Justice in order to establish, through a written memorandum of understanding, preclearance
procedures to prevent unnecessary duplication of effort by the Secretary and the Assistant Attorney General under this section and the antitrust laws of the
United States, respectively.
(g) Prior Agreements.—With respect to a joint venture agreement entered into before the date of enactment of this section as to which the Secretary finds
that—
(1) the parties submitted the agreement to the Secretary before such date of enactment; and
(2) the parties submitted all information on the agreement requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on the date, as determined by the Secretary, on which all such information was submitted
and end on the last day to which the period could be extended under this section.
(h) Limitation on Statutory Construction.—The authority granted to the Secretary under this section shall not in any way limit the authority of the Attorney
General to enforce the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).
(Added Pub. L. 105–277, div. C, title I, §110(f)(1), Oct. 21, 1998, 112 Stat. 2681–588, §41716; renumbered §41720 and amended Pub. L. 106–181, title II,
§231(b)(1), title VII, §709, Apr. 5, 2000, 114 Stat. 108, 159.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsecs. (f) and (g), is the date of enactment of Pub. L. 105–277, which was approved
Oct. 21, 1998.

Codification
Pub. L. 105–277, §110(f)(1), which directed amendment of subchapter I of chapter 417 by adding this section at the end, without specifying a
Code title or Act, was executed by adding this section at the end of this subchapter to reflect the probable intent of Congress.

Amendments
2000—Pub. L. 106–181, §231(b)(1), renumbered section 41716 of this title as this section.
Subsec. (a)(1). Pub. L. 106–181, §709, substituted "an agreement between two or more major air carriers" for "an agreement entered into by

a major air carrier".

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

§41721. Reports by carriers on incidents involving animals during air transport
(a) In General.—An air carrier that provides scheduled passenger air transportation shall submit monthly to the Secretary a report on any incidents involving
the loss, injury, or death of an animal (as defined by the Secretary of Transportation) during air transport provided by the air carrier. The report shall be in such
form and contain such information as the Secretary determines appropriate.
(b) Training of Air Carrier Employees.—The Secretary shall work with air carriers to improve the training of employees with respect to the air transport of
animals and the notification of passengers of the conditions under which the air transport of animals is conducted.
(c) Sharing of Information.—The Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding to ensure the sharing of
information that the Secretary receives under subsection (a).
(d) Publication of Data.—The Secretary shall publish data on incidents and complaints involving the loss, injury, or death of an animal during air transport in
a manner comparable to other consumer complaint and incident data.
(e) Air Transport.—For purposes of this section, the air transport of an animal includes the entire period during which an animal is in the custody of an air
carrier, from check-in of the animal prior to departure until the animal is returned to the owner or guardian of the animal at the final destination of the animal.
(Added Pub. L. 106–181, title VII, §710(a), Apr. 5, 2000, 114 Stat. 159.)
Statutory Notes and Related Subsidiaries

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

§41722. Delay reduction actions
(a) Scheduling Reduction Meetings.—The Secretary of Transportation may request that air carriers meet with the Administrator of the Federal Aviation
Administration to discuss flight reductions at severely congested airports to reduce overscheduling and flight delays during hours of peak operation if—
(1) the Administrator determines that it is necessary to convene such a meeting; and
(2) the Secretary determines that the meeting is necessary to meet a serious transportation need or achieve an important public benefit.
(b) Meeting Conditions.—Any meeting under subsection (a)—
(1) shall be chaired by the Administrator;
(2) shall be open to all scheduled air carriers; and
(3) shall be limited to discussions involving the airports and time periods described in the Administrator's determination.
(c) Flight Reduction Targets.—Before any such meeting is held, the Administrator shall establish flight reduction targets for the meeting and notify the
attending air carriers of those targets not less than 48 hours before the meeting.
(d) Delay Reduction Offers.—An air carrier attending the meeting shall make any offer to meet a flight reduction target to the Administrator rather than to
another carrier.
(e) Transcript.—The Administrator shall ensure that a transcript of the meeting is kept and made available to the public not later than 3 business days after
the conclusion of the meeting.
(Added Pub. L. 108–176, title IV, §422(a), Dec. 12, 2003, 117 Stat. 2552.)
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Schedule Reduction
Pub. L. 112–95, title IV, §413, Feb. 14, 2012, 126 Stat. 89, provided that:
"(a) In General.—If the Administrator of the Federal Aviation Administration determines that—

"(1) the aircraft operations of air carriers during any hour at an airport exceed the hourly maximum departure and arrival rate
established by the Administrator for such operations; and
"(2) the operations in excess of the maximum departure and arrival rate for such hour at such airport are likely to have a significant
adverse effect on the safe and efficient use of navigable airspace,
the Administrator shall convene a meeting of such carriers to reduce pursuant to section 41722 of title 49, United States Code, on a voluntary basis,
the number of such operations so as not to exceed the maximum departure and arrival rate.
"(b) No Agreement.—If the air carriers participating in a meeting with respect to an airport under subsection (a) are not able to agree to a
reduction in the number of flights to and from the airport so as not to exceed the maximum departure and arrival rate, the Administrator shall
take such action as is necessary to ensure such reduction is implemented.
"(c) Subsequent Schedule Increases.—Subsequent to any reduction in operations under subsection (a) or (b) at an airport, if the
Administrator determines that the hourly number of aircraft operations at that airport is less than the amount that can be handled safely and
efficiently, the Administrator shall ensure that priority is given to United States air carriers in permitting additional aircraft operations with
respect to that hour."

§41723. Notice concerning aircraft assembly
The Secretary of Transportation shall require, beginning after the last day of the 18-month period following the date of enactment of this section, an air carrier
using an aircraft to provide scheduled passenger air transportation to display a notice, on an information placard available to each passenger on the aircraft, that
informs the passengers of the nation in which the aircraft was finally assembled.
(Added Pub. L. 108–176, title VIII, §810(a), Dec. 12, 2003, 117 Stat. 2590.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§41724. Musical instruments
(a) In General.—

(1) Small instruments as carry-on baggage.—An air carrier providing air transportation shall permit a passenger to carry a violin, guitar, or other
musical instrument in the aircraft cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on
baggage, if—
(A) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the
requirements for carriage of carry-on baggage or cargo established by the Administrator; and
(B) there is space for such stowage at the time the passenger boards the aircraft.
(2) Larger instruments as carry-on baggage.—An air carrier providing air transportation shall permit a passenger to carry a musical instrument that is
too large to meet the requirements of paragraph (1) in the aircraft cabin, without charging the passenger a fee in addition to the cost of the additional ticket
described in subparagraph (E), if—
(A) the instrument is contained in a case or covered so as to avoid injury to other passengers;
(B) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft;
(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator;
(D) neither the instrument nor the case contains any object not otherwise permitted to be carried in an aircraft cabin because of a law or regulation of the
United States; and
(E) the passenger wishing to carry the instrument in the aircraft cabin has purchased an additional seat to accommodate the instrument.
(3) Large instruments as checked baggage.—An air carrier shall transport as baggage a musical instrument that is the property of a passenger traveling
in air transportation that may not be carried in the aircraft cabin if—
(A) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed
150 inches or the applicable size restrictions for the aircraft;
(B) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and
(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator.
(b) Regulations.—Not later than 2 years after the date of enactment of this section, the Secretary shall issue final regulations to carry out subsection (a).
(c) Effective Date.—The requirements of this section shall become effective on the date of issuance of the final regulations under subsection (b).
(Added Pub. L. 112–95, title IV, §403(a), Feb. 14, 2012, 126 Stat. 84.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14,
2012.
Final regulations, referred to in subsecs. (b) and (c), were issued Dec. 29, 2014, effective Mar. 6, 2015. See 80 F.R. 161.

§41725. Prohibition on certain cell phone voice communications
(a) Prohibition.—The Secretary of Transportation shall issue regulations—
(1) to prohibit an individual on an aircraft from engaging in voice communications using a mobile communications device during a flight of that aircraft in
scheduled passenger interstate or intrastate air transportation; and
(2) that exempt from the prohibition described in paragraph (1) any—
(A) member of the flight crew on duty on an aircraft;
(B) flight attendant on duty on an aircraft; and
(C) Federal law enforcement officer acting in an official capacity.

(b) Definitions.—In this section, the following definitions apply:
(1) Flight.—The term "flight" means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands.
(2) Mobile communications device.—
(A) In general.—The term "mobile communications device" means any portable wireless telecommunications equipment utilized for the transmission or
reception of voice data.
(B) Limitation.—The term "mobile communications device" does not include a phone installed on an aircraft.
(Added Pub. L. 115–254, div. B, title IV, §403(a), Oct. 5, 2018, 132 Stat. 3328.)

§41726. Strollers
(a) In General.—Except as provided in subsection (b), a covered air carrier shall not deny a passenger the ability to check a stroller at the departure gate if
the stroller is being used by a passenger to transport a child traveling on the same flight as the passenger.
(b) Exception.—Subsection (a) shall not apply in instances where the size or weight of the stroller poses a safety or security risk.
(c) Covered Air Carrier Defined.—In this section, 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.
(Added Pub. L. 115–254, div. B, title IV, §412(a), Oct. 5, 2018, 132 Stat. 3331.)

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

§41731. Definitions
(a) General.—In this subchapter—
(1) "eligible place" means a place in the United States that—
(A)(i)(I) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988;
(II) received scheduled air transportation at any time after January 1, 1990; and
(III) is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a place ineligible for compensation under this subchapter; or
(ii) was determined, on or after October 1, 1988, and before the date of the enactment of the FAA Extension, Safety, and Security Act of 2016 (Public Law
114–190), under this subchapter by the Secretary of Transportation to be eligible to receive subsidized small community air service under section 41736(a);
(B) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year beginning after
September 30, 2012;
(C) had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary; and
(D) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—
(i) received essential air service for which compensation was provided to an air carrier under this subchapter; or
(ii) received a 90-day notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to
the community.
(2) "enhanced essential air service" means scheduled air transportation to an eligible place of a higher level or quality than basic essential air service
described in section 41732 of this title.
(b) Limitation on Authority To Decide a Place Not an Eligible Place.—The Secretary may not decide that a place described in subsection (a)(1) of this
section is not an eligible place on any basis that is not specifically stated in this subchapter.
(c) Exception for Locations in Alaska and Hawaii.—Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply with respect to locations in the
State of Alaska or the State of Hawaii.

(d) Exceptions for Locations More Than 175 Driving Miles From the Nearest Large or Medium Hub Airport.—Subsection (a)(1)(B) shall not apply
with respect to locations that are more than 175 driving miles from the nearest large or medium hub airport.
(e) Waivers.—For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a
location if the location demonstrates to the Secretary's satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a
temporary decline in enplanements.
(f) Definition.—For purposes of subsection (a)(1)(B), the term "enplanements" means the number of passengers enplaning, at an eligible place, on flights
operated by the subsidized essential air service carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, §208, Apr. 5, 2000, 114 Stat. 95; Pub. L. 108–176, title II, §225(b)(2), Dec. 12,
2003, 117 Stat. 2529; Pub. L. 112–27, §6, Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–95, title IV, §§421, 422, Feb. 14, 2012, 126 Stat. 96, 97; Pub. L. 115–254,
div. B, title IV, §453(a), Oct. 5, 2018, 132 Stat. 3348.)
Historical and Revision Notes
Revised
Section
41731(a)(1)

49 App.:1389(a)(1).

41731(a)(2)

49 App.:1389(k)(2).

41731(a)(3)
41731(a)(4)
41731(a)(5)
41731(b)

49 App.:1389(k)(3).
49 App.:1389(k)(4).
49 App.:1389(k)(5).
49 App.:1389(a)(2).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(a); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,
§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1508; restated Nov. 5, 1990, Pub. L. 101–
508, §9113(a), 104 Stat. 1388–363.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(k)(2)–(5); added Oct. 24, 1978, Pub.
L. 95–504, §33(a), 92 Stat. 1732; Dec. 8,
1983, Pub. L. 98–213, §10, 97 Stat. 1461;
Oct. 4, 1984, Pub. L. 98–443, §9(r), 98
Stat. 1708; restated Dec. 30, 1987, Pub. L.
100–223, §202(a)(1), (2), (b)(1), 101 Stat.
1507, 1517.

In this subchapter (except subsection (a)(1)(A) of this section), the word "place" is substituted for "point" for clarity and consistency in the
revised title.
In subsection (a)(1)(A), the words "was an eligible point . . . before October 1, 1988" are substituted for "is defined as an eligible point . . . as
in effect before October 1, 1988" for clarity and to eliminate unnecessary words.
In subsection (a)(2), the words "described in section 41732 of this title" are added for clarity.
In subsection (a)(3)–(5), the word "boardings" is substituted for "enplanements" for clarity and consistency in the revised title.
Editorial Notes

References in Text

Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A)(i), is section 419 of Pub. L. 85–726, which was classified to
section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§1(e), 7(b), July 5,
1994, 108 Stat. 1143, 1379.
The date of the enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (a)(1)(A)(ii), is the date of
enactment of Pub. L. 114–190, which was approved July 15, 2016.

Amendments
2018—Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted "FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190)," for "Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century,".
2012—Subsec. (a)(1)(B). Pub. L. 112–95, §421(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "is
located not less than 90 miles from the nearest medium or large hub airport; and".
Subsec. (a)(1)(D). Pub. L. 112–95, §422, added subpar. (D).
Subsec. (c). Pub. L. 112–95, §421(2), amended subsec. (c) generally. Prior to amendment, text read as follows: "Subsections (a)(1)(B) and (a)
(1)(C) shall not apply with respect to a location in the State of Alaska."
Subsec. (d). Pub. L. 112–95, §421(3), amended subsec. (d) generally. Prior to amendment, text read as follows: "The Secretary may waive
subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue
difficulty in accessing the nearest medium or large hub airport."
Subsecs. (e), (f). Pub. L. 112–95, §421(4), added subsecs. (e) and (f).
2011—Subsec. (a)(1). Pub. L. 112–27, §6(a), redesignated cls. (i) to (iii) of subpar. (A) as subcls. (I) to (III), respectively, redesignated subpars.
(A) and (B) as cls. (i) and (ii), respectively, inserted "(A)" before "(i)(I)" in subcl. (I) of cl. (i), substituted "was determined" for "determined",
"Secretary of Transportation" for "Secretary", and semicolon for period at end in cl. (ii) of subpar. (A), and added subpars. (B) and (C).
Subsec. (b). Pub. L. 112–27, §6(b), substituted "Secretary" for "Secretary of Transportation" and "on any basis" for "on the basis of a
passenger subsidy at that place or on another basis".
Subsecs. (c), (d). Pub. L. 112–27, §6(c), added subsecs. (c) and (d).
2003—Subsec. (a)(3) to (5). Pub. L. 108–176 struck out pars. (3) to (5) which defined "hub airport", "nonhub airport", and "small hub airport",
respectively.
2000—Subsec. (a)(1). Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A) and added
subpar. (B).
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Code-Sharing Pilot Program
Pub. L. 108–176, title IV, §406, Dec. 12, 2003, 117 Stat. 2545, provided that:
"(a) In General.—The Secretary of Transportation shall establish a pilot program under which the Secretary may require air carriers
providing service with compensation under subchapter II of chapter 417 of title 49, United States Code, and major air carriers (as defined in section

41716(a)(2) of such title) serving large hub airports (as defined in section 40102 of such title) to participate in multiple code-share

arrangements consistent with normal industry practice whenever and wherever the Secretary determines that such multiple code-sharing
arrangements would improve air transportation services.
"(b) Limitation.—The Secretary may not require air carriers to participate in the pilot program under this section for more than 10
communities receiving service under subchapter II of chapter 417 of title 49, United States Code."

Measurement of Highway Miles for Purposes of Determining Eligibility of Essential Air Service
Subsidies
Pub. L. 108–176, title IV, §409, Dec. 12, 2003, 117 Stat. 2547, as amended by Pub. L. 110–190, §4(d)(1), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–
330, §5(k), Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–69, §5(k), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–249, §5(k), Sept. 30, 2010, 124 Stat. 2628;
Pub. L. 112–30, title II, §205(k), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(k), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title IV, §431, Feb.
14, 2012, 126 Stat. 100; Pub. L. 114–55, title I, §102(g), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(f), Mar. 30, 2016, 130 Stat. 323;
Pub. L. 114–190, title I, §1102(g), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §102(g), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M,
title I, §102(f), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title IV, §457, Oct. 5, 2018, 132 Stat. 3350, provided that:
"(a) Request for Secretarial Review.—An eligible place (as defined in section 41731 of title 49, United States Code) with respect to which the

Secretary has, in the 2-year period ending on the date of enactment of this Act [Dec. 12, 2003], eliminated (or tentatively eliminated)
compensation for essential air service to such place, or terminated (or tentatively terminated) the compensation eligibility of such place for
essential air service, under section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 [Pub. L. 106–69]
(49 U.S.C. 41731 note), section 205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century [Pub. L. 106–181] (49 U.S.C.
41731 note), or any prior law of similar effect based on the highway mileage of such place from the nearest hub airport (as defined in section
40102 of such title), may request the Secretary to review such action.
"(b) Determination of Mileage.—In reviewing an action under subsection (a), the highway mileage between an eligible place and the nearest
medium hub airport or large hub airport is the highway mileage of the most commonly used route between the place and the medium hub
airport or large hub airport. In identifying such route, the Secretary shall identify the most commonly used route for a community by—
"(1) consulting with the Governor of a State or the Governor's designee; and
"(2) considering the certification of the Governor of a State or the Governor's designee as to the most commonly used route.
"(c) Eligibility Determination.—Not later than 60 days after receiving a request under subsection (a), the Secretary shall—
"(1) determine whether the eligible place would have been subject to an elimination of compensation eligibility for essential air service,
or termination of the eligibility of such place for essential air service, under the provisions of law referred to in subsection (a) based on the
determination of the highway mileage of such place from the nearest medium hub airport or large hub airport under subsection (b); and
"(2) issue a final order with respect to the eligibility of such place for essential air service compensation under subchapter II of chapter
417 of title 49, United States Code.
"(d) Limitation on Period of Final Order.—A final order issued under subsection (c) shall terminate on September 30, 2023."
[Pub. L. 110–190, §4(d)(2), Feb. 28, 2008, 122 Stat. 644, provided that: "The amendment made by paragraph (1) [amending section 409(d) of
Pub. L. 108–176, set out above] shall take effect on September 29, 2007, and shall apply with respect to any final order issued under section
409(c) of such Act [section 409(c) of Pub. L. 108–176, set out above] that was in effect on such date."]

Marketing Practices
Pub. L. 106–181, title II, §207, Apr. 5, 2000, 114 Stat. 94, provided that:
"(a) Review of Marketing Practices That Adversely Affect Service to Small or Medium Communities.—Not later than 180 days after the date

of the enactment of this Act [Apr. 5, 2000], the Secretary [of Transportation] shall review the marketing practices of air carriers that may inhibit
the availability of quality, affordable air transportation services to small- and medium-sized communities, including—
"(1) marketing arrangements between airlines and travel agents;
"(2) code-sharing partnerships;
"(3) computer reservation system displays;
"(4) gate arrangements at airports;

"(5) exclusive dealing arrangements; and
"(6) any other marketing practice that may have the same effect.
"(b) Regulations.—If the Secretary finds, after conducting the review, that marketing practices inhibit the availability of affordable air
transportation services to small- and medium-sized communities, then, after public notice and an opportunity for comment, the Secretary may
issue regulations that address the problem or take other appropriate action.
"(c) Statutory Construction.—Nothing in this section expands the authority or jurisdiction of the Secretary to issue regulations under chapter
417 of title 49, United States Code, or under any other law."

Restrictions on Essential Air Service Subsidies
Pub. L. 106–181, title II, §205, Apr. 5, 2000, 114 Stat. 94, provided that: "The Secretary [of Transportation] may provide assistance under
subchapter II of chapter 417 of title 49, United States Code, with respect to a place that is located within 70 highway miles of a hub airport (as
defined by section 41731 of such title) if the most commonly used highway route between the place and the hub airport exceeds 70 miles."
Pub. L. 106–69, title III, §332, Oct. 9, 1999, 113 Stat. 1022, provided that: "Hereafter, notwithstanding 49 U.S.C. 41742, no essential air service
subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or
medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the
nearest large or medium hub airport."
[Pub. L. 112–95, title IV, §426(c), (d), Feb. 14, 2012, 126 Stat. 99, as amended by Pub. L. 115–254, div. B, title IV, §458, title V, §539(s)(2), Oct. 5,
2018, 132 Stat. 3350, 3372, provided that:
["(c) Subsidy Cap.—Subject to the availability of funds, the Secretary of Transportation may waive, on a case-by-case basis, the subsidy-perpassenger cap established by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law
106–69; 113 Stat. 1022) [set out above]. A waiver issued under this subsection shall remain in effect for a limited period of time, as determined
by the Secretary.
["(d) Reduction in Subsidy-per-passenger.—
["(1) In general.—The Secretary shall waive application of the subsidy-per-passenger cap described under subsection (c) if the
Secretary finds that the community's subsidy-per-passenger for a fiscal year is lower than the subsidy-per-passenger for any of the 3
previous fiscal years.
["(2) Exception.—The Secretary shall waive application of the subsidy-per-passenger cap if the subsidy-per-passenger for a fiscal year
is less than 10 percent higher than the highest subsidy-per-passenger from any of the 3 previous fiscal years. The Secretary may only waive
application of the subsidy-per-passenger cap under this paragraph once per community.
["(3) Rule of construction.—Nothing in this subsection shall be construed to limit the Secretary's ability under subsection (c) to waive
application of the subsidy-per-passenger cap."]
Provisions similar to those in section 332 of Pub. L. 106–69, set out above, were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, §101(g) [title III, §334], Oct. 21, 1998, 112 Stat. 2681–439, 2681-471.
Pub. L. 105–66, title III, §336, Oct. 27, 1997, 111 Stat. 1447.

§41732. Basic essential air service
(a) General.—Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers and cargo—
(1) to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or
(2) to a small hub or nonhub airport, when in Alaska or when the nearest hub airport is more than 400 miles from an eligible place.
(b) Minimum Requirements.—Basic essential air service shall include at least the following:
(1)(A) for a place not in Alaska, 2 daily round trips 6 days a week, with not more than one intermediate stop on each flight; or
(B) for a place in Alaska, a level of service at least equal to that provided in 1976 or 2 round trips a week, whichever is greater, except that the Secretary of
Transportation and the appropriate State authority of Alaska may agree to a different level of service after consulting with the affected community.

(2) flights at reasonable times considering the needs of passengers with connecting flights at the airport and at prices that are not excessive compared to
the generally prevailing prices of other air carriers for like service between similar places.
(3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in
any calendar year from 1976-1986 were more than 11 passengers unless—
(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place
when compensation otherwise would not have been paid for that place in that year; or
(B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place.
(4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands
for the service, of not more than—
(A) 50 percent; or
(B) 60 percent when service is provided by aircraft with more than 14 passenger seats.
(5) service provided in aircraft with at least 2 engines and using 2 pilots, unless scheduled air transportation has not been provided to the place in aircraft
with at least 2 engines and using 2 pilots for at least 60 consecutive operating days at any time since October 31, 1978.
(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude.
(c) Waivers.—Notwithstanding section 41733(e), upon request by an eligible place, the Secretary may waive, in whole or in part, subsections (a) and (b) of
this section or subsections (a) through (c) of section 41734. A waiver issued under this subsection shall remain in effect for a limited period of time, as
determined by the Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1144; Pub. L. 115–254, div. B, title IV, §456, Oct. 5, 2018, 132 Stat. 3350.)
Historical and Revision Notes
Revised
Section
41732(a)

49 App.:1389(k)(1) (1st sentence).

41732(b)

49 App.:1389(k)(1) (last sentence).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(k)(1); added Oct. 24, 1978, Pub. L.
95–504, §33(a), 92 Stat. 1732; Dec. 8,
1983, Pub. L. 98–213, §10, 97 Stat. 1461;
Oct. 4, 1984, Pub. L. 98–443, §9(r), 98
Stat. 1708; restated Dec. 30, 1987, Pub. L.
100–223, §202(a)(1), (2), (b)(1), 101 Stat.
1507, 1516.

In subsection (a), before clause (1), the words "provided under section 41733 of this title" are added for clarity. In clause (2), the words "from
an eligible place" are added for clarity.
In subsection (b), before clause (1), the words "Basic essential air service" are substituted for "Such transportation" for clarity and
consistency in the revised title. In clause (1)(B), the word "1976" is substituted for "calendar year 1976" to eliminate unnecessary words. The
words "appropriate State authority of Alaska" are substituted for "State agency of the State of Alaska" for clarity and consistency with the
source provisions restated in section 41734(a) of the revised title. The words "agree to a different level of service" are substituted for
"otherwise specified under an agreement" for clarity. In clause (2), the word "prices" is substituted for "rates, fares, and charges" and "fares"
because of the definition of "price" in section 40102(a) of the revised title. In clause (3), before subclause (A), the word "boardings" is
substituted for "enplanements" for clarity and consistency in the revised title. The words "from 1976-1986" are substituted for "beginning after
December 31, 1975, and ending on or before December 31, 1986" to eliminate unnecessary words. In subclause (B), the words "affected
community" are substituted for "community concerned" for consistency with the source provisions restated in clause (1)(B) of this section. In
clause (5), the words "for at least 60 consecutive operating days" are substituted for "on each of 60 consecutive operating days" for clarity.

Editorial Notes

Amendments
2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).

§41733. Level of basic essential air service
(a) Decisions Made Before October 1, 1988.—For each eligible place for which a decision was made before October 1, 1988, under section 419 of the
Federal Aviation Act of 1958, establishing the level of essential air transportation, the level of basic essential air service for that place shall be the level
established by the Secretary of Transportation for that place by not later than December 29, 1988.
(b) Decisions Not Made Before October 1, 1988.—(1) The Secretary shall decide on the level of basic essential air service for each eligible place for
which a decision was not made before October 1, 1988, establishing the level of essential air transportation, when the Secretary receives notice that service to
that place will be provided by only one air carrier. The Secretary shall make the decision by the last day of the 6-month period beginning on the date the
Secretary receives the notice. The Secretary may impose notice requirements necessary to carry out this subsection. Before making a decision, the Secretary
shall consider the views of any interested community and the appropriate State authority of the State in which the community is located.
(2) Until the Secretary has made a decision on a level of basic essential air service for an eligible place under this subsection, the Secretary, on petition by an
appropriate representative of the place, shall prohibit an air carrier from ending, suspending, or reducing air transportation to that place that appears to deprive
the place of basic essential air service.
(c) Availability of Compensation.—(1) If the Secretary decides that basic essential air service will not be provided to an eligible place without compensation,
the Secretary shall provide notice that an air carrier may apply to provide basic essential air service to the place for compensation under this section. In selecting
an applicant, the Secretary shall consider, among other factors—
(A) the demonstrated reliability of the applicant in providing scheduled air service;
(B) the contractual and marketing arrangements the applicant has made with a larger carrier to ensure service beyond the hub airport;
(C) the interline arrangements that the applicant has made with a larger carrier to allow passengers and cargo of the applicant at the hub airport to be
transported by the larger carrier through one reservation, ticket, and baggage check-in;
(D) the preferences of the actual and potential users of air transportation at the eligible place, giving substantial weight to the views of the elected officials
representing the users;
(E) whether the air carrier has included a plan in its proposal to market its services to the community; and
(F) for an eligible place in Alaska, the experience of the applicant in providing, in Alaska, scheduled air service, or significant patterns of non-scheduled air
service under an exemption granted under section 40109(a) and (c)–(h) of this title.
(2) Under guidelines prescribed under section 41737(a) of this title, the Secretary shall pay the rate of compensation for providing basic essential air service
under this section and section 41734 of this title.
(d) Compensation Payments.—The Secretary shall pay compensation under this section at times and in the way the Secretary decides is appropriate. The
Secretary shall end payment of compensation to an air carrier for providing basic essential air service to an eligible place when the Secretary decides the
compensation is no longer necessary to maintain basic essential air service to the place.
(e) Review.—The Secretary shall review periodically the level of basic essential air service for each eligible place. Based on the review and consultations with
an interested community and the appropriate State authority of the State in which the community is located, the Secretary may make appropriate adjustments in
the level of service, to the extent such adjustments are to a level not less than the basic essential air service level established under subsection (a) for the airport
that serves the community.
(f) Notice to Communities Prior to Termination of Eligibility.—
(1) In general.—The Secretary shall notify each community receiving basic essential air service for which compensation is being paid under this
subchapter on or before the 45th day before issuing any final decision to end the payment of such compensation due to a determination by the Secretary that
providing such service requires a rate of subsidy per passenger in excess of the subsidy cap.

(2) Procedures to avoid termination.—The Secretary shall establish, by order, procedures by which each community notified of an impending loss of
subsidy under paragraph (1) may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential
air service to such community for an amount of compensation that would not exceed the subsidy cap.
(3) Assistance provided.—The Secretary shall provide, by order, information to each community notified under paragraph (1) regarding—
(A) the procedures established pursuant to paragraph (2); and
(B) the maximum amount of compensation that could be provided under this subchapter to an air carrier serving such community that would comply with
basic essential air service and the subsidy cap.
(g) Proposals of State and Local Governments to Restore Eligibility.—
(1) In general.—If the Secretary, after the date of enactment of this subsection, ends payment of compensation to an air carrier for providing basic
essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess
of the subsidy cap or that the place is no longer an eligible place pursuant to section 41731(a)(1)(B), a State or local government may submit to the Secretary
a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier.
(2) Determination by secretary.—The Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air
service by an air carrier for compensation under subsection (c) if—
(A) a State or local government submits to the Secretary a proposal under paragraph (1); and
(B) the Secretary determines that—
(i) the rate of subsidy per passenger under the proposal does not exceed the subsidy cap;
(ii) the proposal is likely to result in an average number of enplanements per day that will satisfy the requirement in section 41731(a)(1)(B); and
(iii) the proposal is consistent with the legal and regulatory requirements of the essential air service program.
(h) Subsidy Cap Defined.—In this section, the term "subsidy cap" means the subsidy-per-passenger cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1145; Pub. L. 106–181, title II, §209(b), Apr. 5, 2000, 114 Stat. 95; Pub. L. 112–95, title IV, §§423–425, Feb. 14,
2012, 126 Stat. 97, 98.)
Historical and Revision Notes
Revised
Section
41733(a)

41733(b)(1)
41733(b)(2)
41733(c)
41733(d)
41733(e)

Source (U.S. Code)
49 App.:1389(b)(1)(A) (less last
sentence last 24 words), (C).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(b)(1), (3), (4), (9); added Oct. 24,
1978, Pub. L. 95–504, §33(a), 92 Stat.
1732; Dec. 8, 1983, Pub. L. 98–213, §10,
97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–
443, §9(r), 98 Stat. 1708; restated Dec. 30,
1987, Pub. L. 100–223, §202(a)(1), (2), (b)
(1), 101 Stat. 1507, 1508, 1509, 1511.

49 App.:1389(b)(1)(A) (last sentence
last 24 words), (B).
49 App.:1389(b)(9).
49 App.:1389(b)(3).
49 App.:1389(b)(4).
49 App.:1389(b)(1)(D).

In subsection (a), the words "the level of basic essential air service for that place shall be the level established by the Secretary of
Transportation for that place" are substituted for "Such determination shall be made" because the determinations for those places have been
made. The words "by not later than December 29, 1988" are substituted for "no later than the last day of the 1-year period beginning on

December 30, 1987" for clarity. The words "and only after consideration of the views of any interested community and the State agency of the
State in which such community is located" and 49 App.:1389(b)(1)(C) are omitted as executed.
In subsections (b)(1) and (e), the words "appropriate State authority" are substituted for "State agency" for clarity and consistency with the
source provisions restated in section 41734(a) of the revised title.
In section (b)(2), the words "that appears to deprive" are substituted for "which reasonably appears to deprive" to eliminate an unnecessary
word.
In subsection (c)(1), before clause (A), the words "an air carrier may apply to provide basic essential air service to the place for
compensation" are substituted for "applications may be submitted by any air carrier that is willing to provide such service to such point for
compensation" for clarity and to eliminate unnecessary words.
Editorial Notes

References in Text
Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a), is section 419 of Pub. L. 85–726, which was classified to section
1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108
Stat. 1143, 1379.
The date of enactment of this subsection, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 112–95, which was approved Feb.
14, 2012.
Section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000, referred to in subsec. (h), is section 332 of
Pub. L. 106–69, which is set out as a note under section 41731 of this title.

Amendments
2012—Subsec. (c)(1)(E), (F). Pub. L. 112–95, §423, added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (f). Pub. L. 112–95, §424, added subsec. (f).
Subsecs. (g), (h). Pub. L. 112–95, §425, added subsecs. (g) and (h).
2000—Subsec. (e). Pub. L. 106–181 inserted before period at end ", to the extent such adjustments are to a level not less than the basic

essential air service level established under subsection (a) for the airport that serves the community".
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Seasonal Service
Pub. L. 115–254, div. B, title IV, §451(b), Oct. 5, 2018, 132 Stat. 3347, provided that: "The Secretary of Transportation may consider the
flexibility of current operational dates and airport accessibility to meet local community needs when issuing requests for proposal of essential
air service at seasonal airports."

Effect on Certain Orders
Pub. L. 106–181, title II, §209(c), Apr. 5, 2000, 114 Stat. 95, provided that: "All orders issued by the Secretary [of Transportation] after
September 30, 1999, and before the date of the enactment of this Act [Apr. 5, 2000] establishing, modifying, or revoking essential air service
levels shall be null and void beginning on the 90th day following such date of enactment. During the 90-day period, the Secretary shall

reconsider such orders and shall issue new orders consistent with the amendments made by this section [amending this section and section
41742 of this title]."

§41734. Ending, suspending, and reducing basic essential air service
(a) Notice Required.—An air carrier may end, suspend, or reduce air transportation to an eligible place below the level of basic essential air service
established for that place under section 41733 of this title only after giving the Secretary of Transportation, the appropriate State authority, and the affected
communities at least 90 days' notice before ending, suspending, or reducing that transportation.
(b) Continuation of Service for 30 Days After Notice Period.—If at the end of the notice period under subsection (a) of this section the Secretary has
not found another air carrier to provide basic essential air service to the eligible place, the Secretary shall require the carrier providing notice to continue to
provide basic essential air service to the place for an additional 30-day period or until another carrier begins to provide basic essential air service to the place,
whichever occurs first.
(c) Continuation of Service for Additional 30-Day Periods.—If at the end of the 30-day period under subsection (b) of this section the Secretary decides
another air carrier will not provide basic essential air service to the place on a continuing basis, the Secretary shall require the carrier providing service to
continue to provide service for additional 30-day periods until another carrier begins providing service on a continuing basis. At the end of each 30-day period,
the Secretary shall decide if another carrier will provide service on a continuing basis.
(d) Continuation of Compensation After Notice Period.—If an air carrier receiving compensation under section 41733 of this title for providing basic
essential air service to an eligible place is required to continue to provide service to the place under this section after the 90-day notice period under subsection
(a) of this section, the Secretary shall provide the carrier with compensation sufficient—
(1) to pay for the fully allocated actual cost to the carrier of performing the basic essential air service that was being provided when the 90-day notice was
given under subsection (a) of this section plus a reasonable return on investment that is at least 5 percent of operating costs; and
(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that
those lost profits increase as the period during which the carrier is required to provide the service continues.
(e) Compensation to Air Carriers Originally Providing Service Without Compensation.—If the Secretary requires an air carrier providing basic
essential air service to an eligible place without compensation under section 41733 of this title to continue providing that service after the 90-day notice period
required by subsection (a) of this section, the Secretary shall provide the carrier with compensation after the end of the 90-day notice period that is sufficient—
(1) to pay for the fully allocated actual cost to the carrier of performing the basic essential air service that was being provided when the 90-day notice was
given under subsection (a) of this section plus a reasonable return on investment that is at least 5 percent of operating costs; and
(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that
those lost profits increase as the period during which the carrier is required to provide the service continues.
(f) Finding Replacement Carriers.—When the Secretary requires an air carrier to continue to provide basic essential air service to an eligible place, the
Secretary shall continue to make every effort to find another carrier to provide at least that basic essential air service to the place on a continuing basis.
(g) Transfer of Authority.—If an air carrier, providing basic essential air service under section 41733 of this title between an eligible place and an airport at
which the Administrator of the Federal Aviation Administration limits the number of instrument flight rule takeoffs and landings of aircraft, provides notice under
subsection (a) of this section of an intention to end, suspend, or reduce that service and another carrier is found to provide the service, the Secretary shall
require the carrier providing notice to transfer any operational authority the carrier has to land or take off at that airport related to the service to the eligible place
to the carrier that will provide the service, if—
(1) the carrier that will provide the service needs the authority; and
(2) the authority to be transferred is being used to provide air service to another eligible place.
(h) Nonconsideration of Slot Availability.—In determining what is basic essential air service and in selecting an air carrier to provide such service, the
Secretary shall not consider as a factor whether slots at a high density airport are available for providing such service.
(i) Exemption From Hold-In Requirements.—If, after the date of enactment of this subsection, an air carrier commences air transportation to an eligible
place that is not receiving scheduled passenger air service as a result of the failure of the eligible place to meet requirements contained in an appropriations Act,
the air carrier shall not be subject to the requirements of subsections (b) and (c) with respect to such air transportation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1146; Pub. L. 103–305, title II, §206(c), Aug. 23, 1994, 108 Stat. 1587; Pub. L. 103–429, §6(81), Oct. 31, 1994,
108 Stat. 4388; Pub. L. 108–176, title IV, §401, Dec. 12, 2003, 117 Stat. 2542; Pub. L. 112–95, title IV, §426(b)(1), Feb. 14, 2012, 126 Stat. 98.)
Historical and Revision Notes
Revised
Section
41734(a)

49 App.:1389(b)(2).

41734(b)
41734(c)
41734(d)
41734(e)
41734(f)
41734(g)

49 App.:1389(b)(5) (1st sentence).
49 App.:1389(b)(5) (last sentence).
49 App.:1389(b)(6)(A).
49 App.:1389(b)(6)(B).
49 App.:1389(b)(8).
49 App.:1389(b)(7).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(b)(2), (5)–(8); added Oct. 24, 1978,
Pub. L. 95–504, §33(a), 92 Stat. 1732;
Dec. 8, 1983, Pub. L. 98–213, §10, 97
Stat. 1461; Oct. 4, 1984, Pub. L. 98–443,
§9(r), 98 Stat. 1708; restated Dec. 30,
1987, Pub. L. 100–223, §202(a)(1), (2), (b)
(1), 101 Stat. 1507, 1509, 1510.

In subsection (b), the words "If at the end of the notice period under subsection (a) of this section" are substituted for "If an air carrier has
provided notice to the Secretary under paragraph (2) of such air carrier's intention to suspend, terminate, or reduce service to any eligible point
below the level of basic essential air service to such point, and if at the conclusion of the applicable period of notice" for clarity and to eliminate
unnecessary words.
In subsection (c), the words "either with or without compensation" are omitted as unnecessary. The words "shall require the carrier providing
service to continue to provide service for additional 30-day periods" are substituted for "shall extend such requirement for such additional 30day periods . . . as may be necessary to continue basic essential air service to such eligible point", and the words "the Secretary shall decide if
another carrier will provide service on a continuing basis" are substituted for "making the same determination", for clarity.
In subsections (d)(1) and (e)(1), the word "fair" is omitted as being included in "reasonable".
In subsection (d), before clause (1), the words "basic essential air service" are substituted for "air transportation" and "such transportation"
for consistency with the source provisions restated in this section. The words "to continue to provide service to the place under this section
after the 90-day notice period under subsection (a) of this section" are substituted for "to continue service to such point beyond the date on
which such carrier would, but for paragraph (5), be able to suspend, terminate, or reduce such service below the level of basic essential air
service to such point" to eliminate unnecessary words.
In subsection (e), before clause (1), the words "basic essential air service" are substituted for "air transportation" for consistency with the
source provisions restated in this section. The words "after the end of the 90-day notice period that is" are substituted for "then" for clarity.
In subsection (f), the words "basic essential air service" are substituted for "air transportation which such air carrier has proposed to
terminate, reduce, or suspend" for consistency with the source provisions restated in this section.
In subsection (g)(2), the words "the authority to be transferred is being used only to provide air service to the eligible place" are substituted
for "unless . . . such authority is being used to provide air service with respect to more than 1 eligible point" for clarity and because of the
restatement.
Editorial Notes

References in Text
The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12,
2003.

Amendments
2012—Subsec. (d). Pub. L. 112–95, in introductory provisions, substituted "provide the carrier with compensation sufficient—" for "continue to
pay that compensation after the last day of that period. The Secretary shall pay the compensation until the Secretary finds another carrier to
provide the service to the place or the 90th day after the end of that notice period, whichever is earlier. If, after the 90th day after the end of the
90-day notice period, the Secretary has not found another carrier to provide the service, the carrier required to continue to provide that service
shall receive compensation sufficient—".
2003—Subsec. (i). Pub. L. 108–176 added subsec. (i).
1994—Subsec. (g)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "the authority to be
transferred is being used only to provide air service to the eligible place."
Subsec. (h). Pub. L. 103–305 added subsec. (h).
Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment
Pub. L. 112–95, title IV, §426(b)(2), Feb. 14, 2012, 126 Stat. 98, provided that: "The amendment made by paragraph (1) [amending this section]

shall apply to compensation to air carriers for air service provided after the 30th day following the date of enactment of this Act [Feb. 14,
2012]."

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

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Definitions
For definitions of the terms "slot" and "high density airport" used in subsec. (h) of this section, see section 41714(h) of this title.

§41735. Enhanced essential air service
(a) Proposals.—(1) A State or local government may submit a proposal to the Secretary of Transportation for enhanced essential air service to an eligible
place for which basic essential air service is being provided under section 41733 of this title. The proposal shall—
(A) specify the level and type of enhanced essential air service the State or local government considers appropriate; and
(B) include an agreement related to compensation required for the proposed service.
(2) The agreement submitted under paragraph (1)(B) of this subsection shall provide that—
(A) the State or local government or a person pay 50 percent of the compensation required for the proposed service and the United States Government pay
the remaining 50 percent; or
(B)(i) the Government pay 100 percent of the compensation; and

(ii) if the proposed service is not successful for at least a 2-year period under the criteria prescribed by the Secretary under paragraph (3) of this subsection,
the eligible place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(3) The Secretary shall prescribe by regulation objective criteria for deciding whether enhanced essential air service to an eligible place under this section is
successful in terms of—
(A) increasing passenger usage of the airport facilities at the place; and
(B) reducing the amount of compensation provided by the Secretary under this subchapter for that service.
(b) Decisions.—Not later than 90 days after receiving a proposal under subsection (a) of this section, the Secretary shall—
(1) approve the proposal if the Secretary decides the proposal is reasonable; or
(2) if the Secretary decides the proposal is not reasonable, disapprove the proposal and notify the State or local government of the disapproval and the
reasons for the disapproval.
(c) Compensation Payments.—(1) The Secretary shall pay compensation under this section when and in the way the Secretary decides is appropriate.
Compensation for enhanced essential air service under this section may be paid only for the costs incurred in providing air service to an eligible place that are in
addition to the costs incurred in providing basic essential air service to the place under section 41733 of this title. The Secretary shall continue to pay
compensation under this section only as long as—
(A) the air carrier maintains the level of enhanced essential air service;
(B) the State or local government or person agreeing to pay compensation under this section continues to pay the compensation; and
(C) the Secretary decides the compensation is necessary to maintain the service to the place.
(2) The Secretary may require the State or local government or person agreeing to pay compensation under this section to make advance payments or
provide other security to ensure that timely payments are made.
(d) Review.—(1) The Secretary shall review periodically the enhanced essential air service provided to each eligible place under this section.
(2) For service for which the Government pays 50 percent of the compensation, based on the review and consultation with the affected community and the
State or local government or person paying the remaining 50 percent of the compensation, the Secretary shall make appropriate adjustments in the type and
level of service to the place.
(3) For service for which the Government pays 100 percent of the compensation, based on the review and consultation with the State or local government
submitting the proposal, the Secretary shall decide whether the service has succeeded for at least a 2-year period under the criteria prescribed under subsection
(a)(3) of this section. If unsuccessful, the place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this
subchapter.
(e) Ending, Suspending, and Reducing Air Transportation.—An air carrier may end, suspend, or reduce air transportation to an eligible place below the
level of enhanced essential air service established for that place by the Secretary under this section only after giving the Secretary, the affected community, and
the State or local government or person paying compensation for that service at least 30 days' notice before ending, suspending, or reducing the service. This
subsection does not relieve the carrier of an obligation under section 41734 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1148.)
Historical and Revision Notes
Revised
Section
41735(a)

Source (U.S. Code)
49 App.:1389(c)(1), (3)(C).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(c); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,

§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1512.
41735(b)
41735(c)
41735(d)
41735(e)

49 App.:1389(c)(2).
49 App.:1389(c)(5)–(7).
49 App.:1389(c)(3)(A), (B).
49 App.:1389(c)(4).

In subsections (a)(2)(B)(ii) and (d)(3), the words "air service or air transportation for which compensation is paid" are substituted for "air
service for which compensation is payable" for consistency with the source provisions restated in sections 41733 and 41736 of the revised
title.
In subsection (a)(3), the word "prescribe" is substituted for "establish" for consistency in the revised title.
In subsection (b), before clause (1), the words "issue a decision" are omitted as unnecessary because of the restatement.
In subsection (c)(1)(B), the words "State or local government or person agreeing to pay compensation under this section" are substituted for
"government or person agreeing to pay any non-Federal share" for clarity.
In subsection (c)(2), the words "State or local government or person agreeing to pay compensation under this section" are substituted for
"non-Federal payments for enhanced essential air service under this subsection" for clarity.
In subsection (d)(2), the words "For service for which the Government pays 50 percent of the compensation" are substituted for "If the
enhanced essential air service approved under this subsection is to be at a 50 percent Federal share" because of the restatement. The words
"the remaining 50 percent" are substituted for "the non-Federal" for clarity and consistency in this section.
In subsection (d)(3), the words "For service for which the Government pays 100 percent of the compensation" are substituted for "If the
enhanced essential air service approved under this subsection is to be at a 100 percent Federal share" because of the restatement.

§41736. Air transportation to noneligible places
(a) Proposals and Decisions.—(1) A State or local government may propose to the Secretary of Transportation that the Secretary provide compensation to
an air carrier to provide air transportation to a place that is not an eligible place under this subchapter. Not later than 90 days after receiving a proposal under
this section, the Secretary shall—
(A) decide whether to designate the place as eligible to receive compensation under this section; and
(B)(i) approve the proposal if the State or local government or a person is willing and able to pay 50 percent of the compensation for providing the
transportation, and notify the State or local government of the approval; or
(ii) disapprove the proposal if the Secretary decides the proposal is not reasonable under paragraph (2) of this subsection, and notify the State or local
government of the disapproval and the reasons for the disapproval.
(2) In deciding whether a proposal is reasonable, the Secretary shall consider, among other factors—
(A) the traffic-generating potential of the place;
(B) the cost to the United States Government of providing the proposed transportation; and
(C) the distance of the place from the closest hub airport.
(b) Approval for Certain Air Transportation.—Notwithstanding subsection (a)(1)(B) of this section, the Secretary shall approve a proposal under this
section to compensate an air carrier for providing air transportation to a place in the 48 contiguous States or the District of Columbia and designate the place as
eligible for compensation under this section if—
(1) at any time before October 23, 1978, the place was served by a carrier holding a certificate under section 401 of the Federal Aviation Act of 1958;
(2) the place is more than 50 miles from the nearest small hub airport or an eligible place;
(3) the place is more than 150 miles from the nearest hub airport; and
(4) the State or local government submitting the proposal or a person is willing and able to pay 25 percent of the cost of providing the compensated
transportation.

Paragraph (4) does not apply to any community approved for service under this section during the period beginning October 1, 1991, and ending December
31, 1997.
(c) Level of Air Transportation.—(1) If the Secretary designates a place under subsection (a)(1) of this section as eligible for compensation under this
section, the Secretary shall decide, not later than 6 months after the date of the designation, on the level of air transportation to be provided under this section.
Before making a decision, the Secretary shall consider the views of any interested community, the appropriate State authority of the State in which the place is
located, and the State or local government or person agreeing to pay compensation for the transportation under subsection (b)(4) of this section.
(2) After making the decision under paragraph (1) of this subsection, the Secretary shall provide notice that any air carrier that is willing to provide the level of
air transportation established under paragraph (1) for a place may submit an application to provide the transportation. In selecting an applicant, the Secretary
shall consider, among other factors—
(A) the factors listed in section 41733(c)(1) of this title; and
(B) the views of the State or local government or person agreeing to pay compensation for the transportation.
(d) Compensation Payments.—(1) The Secretary shall pay compensation under this section when and in the way the Secretary decides is appropriate. The
Secretary shall continue to pay compensation under this section only as long as—
(A) the air carrier maintains the level of air transportation established by the Secretary under subsection (c)(1) of this section;
(B) the State or local government or person agreeing to pay compensation for transportation under this section continues to pay that compensation; and
(C) the Secretary decides the compensation is necessary to maintain the transportation to the place.
(2) The Secretary may require the State or local government or person agreeing to pay compensation under this section to make advance payments or
provide other security to ensure that timely payments are made.
(e) Review.—The Secretary shall review periodically the level of air transportation provided under this section. Based on the review and consultation with any
interested community, the appropriate State authority of the State in which the community is located, and the State or local government or person paying
compensation under this section, the Secretary may make appropriate adjustments in the level of transportation.
(f) Withdrawal of Eligibility Designations.—After providing notice and an opportunity for interested persons to comment, the Secretary may withdraw the
designation of a place under subsection (a)(1) of this section as eligible to receive compensation under this section if the place has received air transportation
under this section for at least 2 years and the Secretary decides the withdrawal would be in the public interest. The Secretary by regulation shall prescribe
standards for deciding whether the withdrawal of a designation under this subsection is in the public interest. The standards shall include the factors listed in
subsection (a)(2) of this section.
(g) Ending, Suspending, and Reducing Air Transportation.—An air carrier providing air transportation for compensation under this section may end,
suspend, or reduce that transportation below the level of transportation established by the Secretary under this section only after giving the Secretary, the
affected community, and the State or local government or person paying compensation under this section at least 30 days' notice before ending, suspending, or
reducing the transportation.
(h) Sunset.—
(1) Proposals.—No proposal under subsection (a) may be accepted by the Secretary after the date of enactment of this subsection.
(2) Program.—The Secretary may not provide any compensation under this section after the date that is 2 years after the date of enactment of this
subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1149; Pub. L. 106–181, title II, §202, Apr. 5, 2000, 114 Stat. 91; Pub. L. 115–254, div. B, title IV, §453(b), Oct. 5,
2018, 132 Stat. 3348.)
Historical and Revision Notes
Revised
Section
41736(a)

Source (U.S. Code)
49 App.:1389(d)(1), (2)(A), (C).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(d); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,

1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,
§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1513.
41736(b)
41736(c)(1)
41736(c)(2)
41736(d)
41736(e)
41736(f)
41736(g)

49 App.:1389(d)(2)(B).
49 App.:1389(d)(3)(A).
49 App.:1389(d)(4).
49 App.:1389(d)(5), (7), (8).
49 App.:1389(d)(3)(B).
49 App.:1389(d)(2)(D).
49 App.:1389(d)(6).

In subsection (a)(1), before clause (A), the words "that the Secretary provide compensation to an air carrier to provide air transportation" are
substituted for "for compensated air transportation in accordance with this subsection" for clarity. In clause (B)(i), the word "transportation" is
substituted for "proposed compensated air transportation" to eliminate unnecessary words.
In subsections (c)–(g), the word "transportation" is substituted for "service" for consistency with the source provisions restated in
subsections (a) and (b) of this section.
In subsections (c)(1) and (e), the words "appropriate State authority" are substituted for "State agency" for clarity and consistency with the
source provisions restated in section 41734(a) of the revised title.
In subsection (d), the text of 49 App.:1389(d)(5) is omitted as unnecessary because of the restatement.
In subsection (f), the word "prescribe" is substituted for "establish" for consistency in the revised title and with other titles of the United
States Code.
Editorial Notes

References in Text
Section 401 of the Federal Aviation Act of 1958, referred to in subsec. (b)(1), is section 401 of Pub. L. 85–726, which was classified to section
1371 of former Title 49, Transportation, and was repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which
enacted subtitles II, III, and V to X of Title 49, Transportation. For disposition of section 1371 of former Title 49, see Table at the beginning of
Title 49.
The date of enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5,
2018.

Amendments
2018—Subsec. (h). Pub. L. 115–254 added subsec. (h).
2000—Subsec. (b). Pub. L. 106–181 inserted concluding provisions.
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

§41737. Compensation guidelines, limitations, and claims
(a) Compensation Guidelines.—(1) The Secretary of Transportation shall prescribe guidelines governing the rate of compensation payable under this
subchapter. The guidelines shall be used to determine the reasonable amount of compensation required to ensure the continuation of air service or air
transportation under this subchapter. The guidelines shall—
(A) provide for a reduction in compensation when an air carrier does not provide service or transportation agreed to be provided;
(B) consider amounts needed by an air carrier to promote public use of the service or transportation for which compensation is being paid;
(C) include expense elements based on representative costs of air carriers providing scheduled air transportation of passengers, property, and mail on
aircraft of the type the Secretary decides is appropriate for providing the service or transportation for which compensation is being provided;
(D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this
subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving
on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing
convenient connections to flights providing service beyond hub airports, and increasing marketing efforts; and
(E) include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to
an eligible place if it would be in the public interest to do so.
(2) Promotional amounts described in paragraph (1)(B) of this subsection shall be a special, segregated element of the compensation provided to a carrier
under this subchapter.
(b) Required Finding.—The Secretary may pay compensation to an air carrier for providing air service or air transportation under this subchapter only if the
Secretary finds the carrier is able to provide the service or transportation in a reliable way.
(c) Claims.—Not later than 15 days after receiving a written claim from an air carrier for compensation under this subchapter, the Secretary shall—
(1) pay or deny the United States Government's share of a claim; and
(2) if denying the claim, notify the carrier of the denial and the reasons for the denial.
(d) Authority To Make Agreements and Incur Obligations.—(1) The Secretary may make agreements and incur obligations from the Airport and Airway
Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to pay compensation under this subchapter. An agreement
by the Secretary under this subsection is a contractual obligation of the Government to pay the Government's share of the compensation.
(2) Not more than $38,600,000 is available to the Secretary out of the Fund for each of the fiscal years ending September 30, 1993–1998, to incur obligations
under this section. Amounts made available under this section remain available until expended.
(e) Adjustments to Account for Significantly Increased Costs.—
(1) In general.—If the Secretary determines that air carriers are experiencing significantly increased costs in providing air service or air transportation for
which compensation is being paid under this subchapter, the Secretary may increase the rates of compensation payable under this subchapter without regard
to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.
(2) Readjustment if costs subsequently decline.—If an adjustment is made under paragraph (1), and total unit costs subsequently decrease to at least
the total unit cost reflected in the compensation rate, then the Secretary may reverse the adjustment previously made under paragraph (1) without regard to
any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.
(3) Significantly increased costs defined.—In this subsection, the term "significantly increased costs" means a total unit cost increase (but not
increases in individual unit costs) of 10 percent or more in relation to the total unit cost reflected in the compensation rate, based on the carrier's internal audit
of its financial statements if such cost increase is incurred for a period of at least 2 consecutive months.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1151; Pub. L. 108–176, title IV, §402(a), Dec. 12, 2003, 117 Stat. 2543; Pub. L. 112–95, title IV, §427(a), Feb.
14, 2012, 126 Stat. 99.)
Historical and Revision Notes
Revised
Section
41737(a)

Source (U.S. Code)
49 App.:1389(f).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

§419(e)(2)–(g); added Oct. 24, 1978, Pub.
L. 95–504, §33(a), 92 Stat. 1732; Dec. 8,
1983, Pub. L. 98–213, §10, 97 Stat. 1461;
Oct. 4, 1984, Pub. L. 98–443, §9(r), 98
Stat. 1708; restated Dec. 30, 1987, Pub. L.
100–223, §202(a)(1), (2), (b)(1), 101 Stat.
1507, 1515.
41737(b)
41737(c)
41737(d)

49 App.:1389(e)(2).
49 App.:1389(g).
49 App.:1389(l).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(l); added Nov. 5, 1990, Pub. L. 101–
508, §9113(b)(1), 104 Stat. 1388–363.

In subsection (a)(1), before clause (A), the word "prescribe" is substituted for "establish" to eliminate an executed word. The words "air
service or air transportation under this subchapter" are substituted for "air service under this section" for consistency with the source
provisions restated in sections 41733, 41735, and 41736 of the revised title. In clause (C), the words "the service or transportation for which
compensation is being provided" are substituted for "such service" for clarity.
In subsection (a)(2), the words "compensation provided to a carrier under this subchapter" are substituted for "required compensation" for
clarity.
In subsection (b), the words "air service or air transportation" are substituted for "air service" for consistency with the source provisions
restated in sections 41733, 41735, and 41736 of the revised title.
In subsection (d)(2), the reference to fiscal year 1992 is omitted as obsolete.
Editorial Notes

Amendments
2012—Subsec. (a)(1)(D), (E). Pub. L. 112–95 added subpars. (D) and (E).
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment
Pub. L. 108–176, title IV, §402(b), Dec. 12, 2003, 117 Stat. 2543, provided that: "The amendment made by subsection (a) [amending this
section] shall take effect 30 days after the date of enactment of this Act [Dec. 12, 2003]."

Emergency Across-the-Board Adjustment to Compensation for Significantly Increased Costs
Pub. L. 112–95, title IV, §426(a), Feb. 14, 2012, 126 Stat. 98; Pub. L. 115–254, div. B, title V, §539(s)(1), Oct. 5, 2018, 132 Stat. 3371, provided
that: "Subject to the availability of funds, the Secretary of Transportation may increase the rates of compensation payable to air carriers under
subchapter II of chapter 417 of title 49, United States Code, to compensate such carriers for increased aviation fuel costs without regard to any
agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734 of such title."

Deadline for Issuance of Revised Guidance
Pub. L. 112–95, title IV, §427(b), Feb. 14, 2012, 126 Stat. 99, provided that: "Not later than 1 year after the date of enactment of this Act [Feb.
14, 2012], the Secretary of Transportation shall issue revised guidelines governing the rate of compensation payable under subchapter II of
chapter 417 that incorporate the amendments made by this section [amending this section]."

§41738. Fitness of air carriers
Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier may provide air service to an eligible place or air transportation to a place designated
under section 41736 of this title only when the Secretary of Transportation decides that—
(1) the carrier is fit, willing, and able to perform the service or transportation; and
(2) aircraft used to provide the service or transportation, and operations related to the service or transportation, conform to the safety standards prescribed
by the Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)
Historical and Revision Notes
Revised
Section
41738

Source (U.S. Code)
49 App.:1389(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(e)(1); added Oct. 24, 1978, Pub. L.
95–504, §33(a), 92 Stat. 1732; Dec. 8,
1983, Pub. L. 98–213, §10, 97 Stat. 1461;
Oct. 4, 1984, Pub. L. 98–443, §9(r), 98
Stat. 1708; restated Dec. 30, 1987, Pub. L.
100–223, §202(a)(1), (2), (b)(1), 101 Stat.
1507, 1515.

In this section, before clause (1), the words "air transportation to a place" are substituted for "service to a point" for consistency with the
source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clauses (1) and (2), the words "service or
transportation" are substituted for "such service" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of
the revised title.

§41739. Air carrier obligations
If at least 2 air carriers make an agreement to operate under or use a single carrier designator code to provide air transportation, the carrier whose code is
being used shares responsibility with the other carriers for the quality of transportation provided the public under the code by the other carriers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)
Historical and Revision Notes
Revised
Section
41739

Source (U.S. Code)
49 App.:1389(i).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(i); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,
§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1516.

The words "quality of transportation" are substituted for "quality of service" for clarity and consistency in this section.

§41740. Joint proposals
The Secretary of Transportation shall encourage the submission of joint proposals, including joint fares, by 2 or more air carriers for providing air service or air
transportation under this subchapter through arrangements that maximize the service or transportation to and from major destinations beyond the hub.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 108–176, title IV, §403, Dec. 12, 2003, 117 Stat. 2543.)
Historical and Revision Notes
Revised
Section
41740

Source (U.S. Code)
49 App.:1389(j).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(j); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,
§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1516.

The words "air service or air transportation" are substituted for "air service", and the words "the service or transportation" are substituted for
"service", for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
Editorial Notes

Amendments
2003—Pub. L. 108–176 inserted ", including joint fares," after "joint proposals".
Statutory Notes and Related Subsidiaries

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

§41741. Insurance
The Secretary of Transportation may pay an air carrier compensation under this subchapter only when the carrier files with the Secretary an insurance policy
or self-insurance plan approved by the Secretary. The policy or plan must be sufficient to pay for bodily injury to, or death of, an individual, or for loss of or
damage to property of others, resulting from the operation of aircraft, but not more than the amount of the policy or plan limits.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41741

49 App.:1389(h).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§419(h); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,
§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1516.

The words "The Secretary of Transportation may pay . . . only when" are substituted for "An air carrier shall not receive . . . unless" for
clarity. The words "approved by the Secretary" are substituted for "complies with regulations or orders issued by the Secretary governing the
filing and approval" to eliminate unnecessary words. The words "The policy or plan must be sufficient to pay . . . but not more than the amount
of the policy or plan limits" are substituted for "in the amount prescribed by the Secretary which are conditioned to pay, within the amount of
such insurance, amounts" because of the restatement. The words "for which such air carrier may become liable" are omitted as unnecessary.
The word "individual" is substituted for "person" because it is more precise. The word "operation" is substituted for "operation or maintenance"
because it is inclusive.

§41742. Essential air service authorization
(a) In General.—
(1) Authorization.—Out of the amounts received by the Federal Aviation Administration credited to the account established under section 45303 of this
title or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for
obligation and expenditure to carry out the essential air service program under this subchapter.
(2) Additional funds.—In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Airport and Airway Trust
Fund (established under section 9502 of the Internal Revenue Code of 1986) $155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019,
$161,000,000 for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023 to carry out the
essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for
communities and for State marketing assistance.
(3) Authorization for additional employees.—In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated
such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the
essential air service program.
(b) Distribution of Additional Funds.—Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established
under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $50,000,000 made available
under subsection (a)(1), such funds shall be made available immediately for obligation and expenditure to carry out the essential air service program under this
subchapter.
(c) Availability of Funds.—The funds made available under this section shall remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 104–264, title II, §278(c), Oct. 9, 1996, 110 Stat. 3249; Pub. L. 106–181, title II, §209(a), Apr. 5,
2000, 114 Stat. 95; Pub. L. 108–176, title IV, §404, Dec. 12, 2003, 117 Stat. 2543; Pub. L. 112–30, title II, §209, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91,
§9, Jan. 31, 2012, 126 Stat. 5; Pub. L. 112–95, title IV, §428, Feb. 14, 2012, 126 Stat. 99; Pub. L. 114–55, title I, §107, Sept. 30, 2015, 129 Stat. 524; Pub. L.
114–141, title I, §107, Mar. 30, 2016, 130 Stat. 324; Pub. L. 114–190, title I, §1107, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §104(a), Sept. 29, 2017,
131 Stat. 1170; Pub. L. 115–141, div. M, title I, §104(a), Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title IV, §451(a), Oct. 5, 2018, 132 Stat. 3347.)
Historical and Revision Notes
Revised
Section
41742

Source (U.S. Code)
49 App.:1389(m).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

§419(m); added Oct. 24, 1978, Pub. L. 95–
504, §33(a), 92 Stat. 1732; Dec. 8, 1983,
Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4,
1984, Pub. L. 98–443, §9(r), 98 Stat. 1708;
restated Dec. 30, 1987, Pub. L. 100–223,
§202(a)(1), (2), (b)(1), 101 Stat. 1507,
1517; Nov. 5, 1990, Pub. L. 101–508,
§9113(b)(1), 104 Stat. 1388–363.

Editorial Notes

References in Text
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a)(2), is classified to section 9502 of Title 26, Internal Revenue
Code.

Amendments
2018—Subsec. (a)(2). Pub. L. 115–254 substituted "$155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 for
fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023" for
"$150,000,000 for fiscal year 2011, $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 2014,
$93,000,000 for fiscal year 2015, $175,000,000 for each of fiscal years 2016 and 2017, and $150,000,000 for fiscal year 2018".
Pub. L. 115–141 substituted "2016 and 2017, and $150,000,000 for fiscal year 2018" for "2016 and 2017, and $74,794,521 for the period
beginning on October 1, 2017, and ending on March 31, 2018,".
2017—Subsec. (a)(2). Pub. L. 115–63 substituted "$175,000,000 for each of fiscal years 2016 and 2017, and $74,794,521 for the period
beginning on October 1, 2017, and ending on March 31, 2018," for "and $175,000,000 for each of fiscal years 2016 and 2017".
2016—Subsec. (a)(2). Pub. L. 114–190 substituted "fiscal year 2014, $93,000,000 for fiscal year 2015, and $175,000,000 for each of fiscal
years 2016 and 2017" for "fiscal year 2014, $93,000,000 for fiscal year 2015, and $122,708,333 for the period beginning on October 1, 2015,
and ending on July 15, 2016,".
Pub. L. 114–141 substituted "$122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016," for "$77,500,000 for
the period beginning on October 1, 2015, and ending on March 31, 2016,".
2015—Subsec. (a)(2). Pub. L. 114–55 substituted "$93,000,000 for fiscal year 2015, and $77,500,000 for the period beginning on October 1,
2015, and ending on March 31, 2016," for "and $93,000,000 for fiscal year 2015".
2012—Subsec. (a)(1). Pub. L. 112–95, §428(a)(1), inserted "for each fiscal year" before "is authorized" and substituted "under this subchapter"
for "under this subchapter for each fiscal year".
Subsec. (a)(2). Pub. L. 112–95, §428(a)(2), substituted ", $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000
for fiscal year 2014, and $93,000,000 for fiscal year 2015" for "and $54,699,454 for the period beginning on October 1, 2011, and ending on
February 17, 2012,".
Pub. L. 112–91 substituted "and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012," for "and
$50,309,016 for the period beginning on October 1, 2011, and ending on January 31, 2012,".
Subsec. (b). Pub. L. 112–95, §428(b), amended subsec. (b) generally. Prior to amendment, text read as follows: "Notwithstanding any other
provision of law, moneys credited to the account established under section 45303(a) of this title, including the funds derived from fees imposed
under the authority contained in section 45301(a) of this title, shall be used to carry out the essential air service program under this subchapter.
Notwithstanding section 47114(g) of this title, any amounts from those fees that are not obligated or expended at the end of the fiscal year for the
purpose of funding the essential air service program under this subchapter shall be made available to the Administration for use in improving
rural air safety under subchapter I of chapter 471 of this title and shall be used exclusively for projects at rural airports under this subchapter."
Subsec. (c). Pub. L. 112–95, §428(c), added subsec. (c).

2011—Subsec. (a)(2). Pub. L. 112–30 substituted "there is authorized to be appropriated out of the Airport and Airway Trust Fund (established
under section 9502 of the Internal Revenue Code of 1986) $150,000,000 for fiscal year 2011 and $50,309,016 for the period beginning on
October 1, 2011, and ending on January 31, 2012," for "there is authorized to be appropriated $77,000,000 for each fiscal year".
2003—Subsec. (a)(2). Pub. L. 108–176, §404(1), substituted "$77,000,000" for "$15,000,000" and inserted "of which not more than
$12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance" before
period at end.
Subsec. (a)(3). Pub. L. 108–176, §404(2), added par. (3).
Subsec. (c). Pub. L. 108–176, §404(3), struck out heading and text of subsec. (c). Text read as follows: "Notwithstanding subsections (a) and
(b), in fiscal year 1997, amounts in excess of $75,000,000 that are collected in fees pursuant to section 45301(a)(1) of this title shall be available
for the essential air service program under this subchapter, in addition to amounts specifically provided for in appropriations Acts."
2000—Subsec. (a). Pub. L. 106–181 designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
1996—Pub. L. 104–264 amended section generally, substituting provisions relating to essential air service authorization for provisions stating
that this subchapter was not effective after Sept. 30, 1998.
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–264 effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as a note
under section 106 of this title.
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.

Funding for Essential Air Service Program
Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 644, provided in part: "That no funds made available under section 41742 of title 49, United
States Code, and no funds made available in this Act [div. C of Pub. L. 112–55, see Tables for classification] or any other Act in any fiscal year,

shall be available to carry out the essential air service program under sections 41731 through 41742 of such title 49 in communities in the 48
contiguous States unless the community received subsidized essential air service or received a 90-day notice of intent to terminate service
and the Secretary required the air carrier to continue to provide service to the community at any time between September 30, 2010, and
September 30, 2011, inclusive".

Findings
Pub. L. 104–264, title II, §278(b), Oct. 9, 1996, 110 Stat. 3249, provided that: "Congress finds that—

"(1) air service in rural areas is essential to a national and international transportation network;
"(2) the rural air service infrastructure supports the safe operation of all air travel;

"(3) rural air service creates economic benefits for all air carriers by making the national aviation system available to passengers from
rural areas;
"(4) rural air service has suffered since deregulation;
"(5) the essential air service program under the Department of Transportation—
"(A) provides essential airline access to rural and isolated rural communities throughout the Nation;
"(B) is necessary for the economic growth and development of rural communities;
"(C) is a critical component of the national and international transportation system of the United States; and
"(D) has endured serious funding cuts in recent years; and
"(6) a reliable source of funding must be established to maintain air service in rural areas and the essential air service program."

§41743. Airports not receiving sufficient service
(a) Small Community Air Service Development Program.—The Secretary of Transportation shall establish a program that meets the requirements of this
section for improving air carrier service to airports not receiving sufficient air carrier service.
(b) Application Required.—In order to participate in the program established under subsection (a), a community or consortium of communities shall submit
an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.
(c) Criteria for Participation.—In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the
Secretary shall apply the following criteria:
(1) Size.—On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—
(A) is not larger than a small hub airport, as determined using the Department of Transportation's most recently published classification; and
(B) has—
(i) insufficient air carrier service; or
(ii) unreasonably high air fares.
(2) Characteristics.—The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and
feasibility of, the program established under subsection (a).
(3) State limit.—Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in
the program in any fiscal year.
(4) Overall limit.—
(A) In general.—No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in
each year for which funds are appropriated for the program.
(B) Same projects.—Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the
program in support of the same project more than once in a 10-year period, but any community, consortia of communities, or combination thereof may apply,
subsequent to such participation, to participate in the program in support of a different project at any time.
(C) Exception.—The Secretary may waive the limitation under subparagraph (B) related to projects that are the same if the Secretary determines that the
community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that
were reasonably beyond the control of the community or consortium.
(5) Priorities.—The Secretary shall give priority to communities or consortia of communities where—
(A) air fares are higher than the average air fares for all communities;
(B) the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport
revenues;
(C) the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;

(D) the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other
enterprises, whose access to the national air transportation system is limited;
(E) the assistance will be used to help restore scheduled passenger air service that has been terminated;
(F) the assistance will be used in a timely fashion; and
(G) multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.
(d) Types of Assistance.—The Secretary may use amounts made available under this section—
(1) to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years;
(2) to provide assistance to an underserved airport to obtain service to and from the underserved airport; and
(3) to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation with such airport, considers
appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service
through marketing and promotion of air service and enhanced utilization of airport facilities.
(e) Authority To Make Agreements.—
(1) In general.—The Secretary may make agreements to provide assistance under this section. The Secretary may amend the scope of a grant agreement
at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant
assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project.
(2) Authorization of appropriations.—There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2018 through 2023 to
carry out this section. Such sums shall remain available until expended.
(f) Additional Action.—Under the program established under subsection (a), the Secretary shall work with air carriers providing service to participating
communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports to facilitate joint-fare arrangements consistent with normal
industry practice.
(g) Designation of Responsible Official.—The Secretary shall designate an employee of the Department of Transportation—
(1) to function as a facilitator between small communities and air carriers;
(2) to carry out this section;
(3) to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;
(4) to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities and the creation
of aviation development zones; and
(5) to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air
transportation services.
(h) Air Service Development Zone.—The Secretary shall designate an airport in the program as an Air Service Development Zone and work with the
community or consortium on means to attract business to the area surrounding the airport, to develop land use options for the area, and provide data, working
with the Department of Commerce and other agencies.
(Added Pub. L. 106–181, title II, §203(a), Apr. 5, 2000, 114 Stat. 92; amended Pub. L. 108–11, title II, §2708, Apr. 16, 2003, 117 Stat. 601; Pub. L. 108–176, title
II, §225(b)(3), title IV, §412, Dec. 12, 2003, 117 Stat. 2529, 2551; Pub. L. 110–330, §5(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–69, §5(b), Oct. 1, 2009,
123 Stat. 2055; Pub. L. 111–249, §5(b), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 112–30, title II, §205(b), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(b),
Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title IV, §429, Feb. 14, 2012, 126 Stat. 100; Pub. L. 114–190, title I, §1102(e), July 15, 2016, 130 Stat. 617; Pub. L.
115–63, title I, §104(b), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §104(b), Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title IV,
§455, Oct. 5, 2018, 132 Stat. 3349.)
Editorial Notes

Amendments

2018—Subsec. (c)(1). Pub. L. 115–254, §455(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows:
"For calendar year 1997, the airport serving the community or consortium was not larger than a small hub airport, and—
"(A) had insufficient air carrier service; or
"(B) had unreasonably high air fares."
Subsec. (c)(4). Pub. L. 115–254, §455(a)(2), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "No more
than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for
which funds are appropriated for the program. No community, consortia of communities, nor combination thereof may participate in the
program in support of the same project more than once, but any community, consortia of communities, or combination thereof may apply,
subsequent to such participation, to participate in the program in support of a different project."
Subsec. (c)(5)(E) to (G). Pub. L. 115–254, §455(a)(3), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G),
respectively.
Subsec. (e)(1). Pub. L. 115–254, §455(b), inserted at end "The Secretary may amend the scope of a grant agreement at the request of the
community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant
assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original
purpose of the project."
Subsec. (e)(2). Pub. L. 115–254, §455(c), amended par. (2) generally. Prior to amendment, text read as follows: "There is authorized to be
appropriated to the Secretary $6,000,000 for each of fiscal years 2012 through 2017 and $10,000,000 for fiscal year 2018 to carry out this
section. Such sums shall remain available until expended."
Pub. L. 115–141 substituted "2012 through 2017 and $10,000,000 for fiscal year 2018" for "2012 through 2017 and $4,986,301 for the period
beginning on October 1, 2017, and ending on March 31, 2018,".
2017—Subsec. (e)(2). Pub. L. 115–63 inserted "and $4,986,301 for the period beginning on October 1, 2017, and ending on March 31, 2018,"
after "fiscal years 2012 through 2017".
2016—Subsec. (e)(2). Pub. L. 114–190 substituted "2017" for "2015".
2012—Subsec. (c)(5)(F). Pub. L. 112–95, §429(a), added subpar. (F).
Subsec. (e)(2). Pub. L. 112–95, §429(b), amended par. (2) generally. Prior to amendment, par. (2) provided for authorization of appropriations
for fiscal years 2001 through 2011 and for the portion of fiscal year 2012 ending before Feb. 18, 2012.
Pub. L. 112–91 substituted "and $2,295,082 for the portion of fiscal year 2012 ending before February 18, 2012," for "and $2,016,393 for the
portion of fiscal year 2012 ending before February 1, 2012,".
2011—Subsec. (e)(2). Pub. L. 112–30 substituted "$35,000,000 for each of fiscal years 2004 through 2011, and $2,016,393 for the portion of
fiscal year 2012 ending before February 1, 2012," for "and $35,000,000 for each of fiscal years 2004 through 2011".
2010—Subsec. (e)(2). Pub. L. 111–249 substituted "2011" for "2010".
2009—Subsec. (e)(2). Pub. L. 111–69 substituted "2010" for "2009".
2008—Subsec. (e)(2). Pub. L. 110–330 substituted "2009" for "2008".
2003—Subsec. (a). Pub. L. 108–176, §412(1), (2), struck out "Pilot" before "Program" in heading and "pilot" before "program" in text.
Subsec. (c)(1). Pub. L. 108–176, §225(b)(3)(A), struck out "(as that term is defined in section 41731(a)(5))" after "small hub airport" in
introductory provisions.
Subsec. (c)(3). Pub. L. 108–176, §412(3)(A), added par. (3) and struck out heading and text of former par. (3). Text read as follows: "No more
than four communities or consortia of communities, or a combination thereof, may be located in the same State."
Subsec. (c)(4). Pub. L. 108–176, §412(3)(B), inserted at end "No community, consortia of communities, nor combination thereof may
participate in the program in support of the same project more than once, but any community, consortia of communities, or combination thereof
may apply, subsequent to such participation, to participate in the program in support of a different project."
Pub. L. 108–11 inserted before period at end "in each year for which funds are appropriated for the program".
Subsec. (c)(5)(E). Pub. L. 108–176, §412(3)(C), added subpar. (E).
Subsec. (e)(2). Pub. L. 108–176, §412(4), substituted "fiscal year 2001," for "fiscal year 2001 and" and inserted ", and $35,000,000 for each of
fiscal years 2004 through 2008" after "2003".

Subsec. (f). Pub. L. 108–176, §§225(b)(3)(B), 412(5), struck out "pilot" after "Under the" and "(as defined in section 41731(a)(3))" after "large
hub airports".
Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.

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

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

§41744. Preservation of basic essential air service at single carrier dominated hub airports
(a) In General.—If the Secretary of Transportation determines that extraordinary circumstances jeopardize the reliable performance of essential air service
under this subchapter from a subsidized essential air service community to and from an essential airport facility, the Secretary may require an air carrier that has
more than 60 percent of the total annual enplanements at the essential airport facility to take action to enable another air carrier to provide reliable essential air
service to that community. Actions required by the Secretary under this subsection may include interline agreements, ground services, subleasing of gates, and
the provision of any other service or facility necessary for the performance of satisfactory essential air service to that community.
(b) Essential Airport Facility Defined.—In this section, the term "essential airport facility" means a large hub airport in the contiguous 48 States at which
one air carrier has more than 60 percent of the total annual enplanements at that airport.
(Added Pub. L. 106–181, title II, §204(a), Apr. 5, 2000, 114 Stat. 93; amended Pub. L. 108–176, title II, §225(b)(4), Dec. 12, 2003, 117 Stat. 2529.)
Editorial Notes

Amendments
2003—Subsec. (b). Pub. L. 108–176 struck out "(as defined in section 41731)" after "large hub airport".
Statutory Notes and Related Subsidiaries

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

Effective Date

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

§41745. Community and regional choice programs
(a) Alternate Essential Air Service Pilot Program.—
(1) Establishment.—The Secretary of Transportation shall establish an alternate essential air service pilot program in accordance with the requirements of
this section.
(2) Assistance to eligible places.—In carrying out the program, the Secretary, instead of paying compensation to an air carrier to provide essential air
service to an eligible place, may provide assistance directly to a unit of local government having jurisdiction over the eligible place or a State within the
boundaries of which the eligible place is located.
(3) Use of assistance.—A unit of local government or State receiving assistance for an eligible place under the program may use the assistance for any of
the following purposes:
(A) To provide assistance to air carriers that will use smaller equipment to provide the service and to consider increasing the frequency of service using
such smaller equipment if the Secretary determines that passenger safety would not be compromised by the use of such smaller equipment and if the State
or unit of local government waives the minimum service requirements under section 41732(b).
(B) To provide assistance to an air carrier to provide on-demand air taxi service to and from the eligible place.
(C) To provide assistance to a person to provide scheduled or on-demand surface transportation to and from the eligible place and an airport in another
place.
(D) In combination with other units of local government in the same region, to provide transportation services to and from all the eligible places in that
region at an airport or other transportation center that can serve all the eligible places in that region.
(E) To purchase aircraft to provide transportation to and from the eligible place or to purchase a fractional share in an aircraft to provide such
transportation after the effective date of a rule the Secretary issues relating to fractional ownership.
(F) To pay for other transportation or related services that the Secretary may permit.
(b) Community Flexibility Pilot Program.—
(1) In general.—The Secretary shall establish a pilot program for not more than 10 eligible places or consortia of units of local government.
(2) Election.—Under the program, the sponsor of an airport serving an eligible place may elect to forego any essential air service for which compensation
is being provided under this subchapter for a 10-year period in exchange for a grant from the Secretary equal in value to twice the compensation paid to
provide such service in the most recent 12-month period.
(3) Grant.—Notwithstanding any other provision of law, the Secretary shall make a grant to each airport sponsor participating in the program for use on any
project that—
(A) is eligible for assistance under chapter 471 and complies with the requirements of that chapter;
(B) is located on the airport property; or
(C) will improve airport facilities in a way that would make such facilities more usable for general aviation.
(c) Fractionally Owned Aircraft.—After the effective date of the rule referred to in subsection (a)(3)(E), only those operating rules that relate to an aircraft
that is fractionally owned apply when an aircraft described in subsection (a)(3)(E) is used to provide transportation described in subsection (a)(3)(E).
(d) Applications.—
(1) In general.—An entity seeking to participate in a program under this section shall submit to the Secretary an application in such form and containing
such information as the Secretary may require.
(2) Required information.—At a minimum, the application shall include—
(A) a statement of the amount of compensation or assistance required; and
(B) a description of how the compensation or assistance will be used.
(e) Participation Requirements.—An eligible place for which compensation or assistance is provided under this section in a fiscal year shall not be eligible
in that fiscal year for the essential air service that it would otherwise be entitled to under this subchapter.

(f) Subsequent Participation.—A unit of local government participating in the program under this subsection (a) in a fiscal year shall not be prohibited from
participating in the basic essential air service program under this subchapter in a subsequent fiscal year if such unit is otherwise eligible to participate in such
program.
(g) Funding.—Amounts appropriated or otherwise made available to carry out the essential air service program under this subchapter shall be available to
carry out this section.
(Added Pub. L. 108–176, title IV, §405, Dec. 12, 2003, 117 Stat. 2544.)
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§41746. Tracking service
The Secretary of Transportation shall require a carrier that provides essential air service to an eligible place and that receives compensation for such service
under this subchapter to report not less than semiannually—
(1) the percentage of flights to and from the place that arrive on time as defined by the Secretary; and
(2) such other information as the Secretary considers necessary to evaluate service provided to passengers traveling to and from such place.
(Added Pub. L. 108–176, title IV, §407, Dec. 12, 2003, 117 Stat. 2545.)
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

[§41747. Repealed. Pub. L. 112–95, title IV, §430, Feb. 14, 2012, 126 Stat. 100]
Section, added Pub. L. 108–176, title IV, §408(a), Dec. 12, 2003, 117 Stat. 2546, related to the EAS local participation program.

§41748. Marketing program
(a) In General.—The Secretary of Transportation shall establish a marketing incentive program for eligible places that receive subsidized service by an air
carrier under section 41733. Under the program, the sponsor of the airport serving such an eligible place may receive a grant of not more than $50,000 in a
fiscal year to develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities.
(b) Matching Requirement; Success Bonuses—
(1) In general.—Except as provided in paragraphs (2) and (3), not less than 25 percent of the publicly financed costs associated with a marketing plan to
be developed and implemented under this section shall come from non-Federal sources. For purposes of this section—
(A) the non-Federal portion of the publicly financed costs may be derived from contributions in kind; and
(B) matching contributions from a State or unit of local government may not be derived, directly or indirectly, from Federal funds, but the use by the State
or unit of local government of proceeds from the sale of bonds to provide the matching contribution is not considered to be a contribution derived directly or

indirectly from Federal funds, without regard to the Federal income tax treatment of interest paid on those bonds or the Federal income tax treatment of
those bonds.
(2) Bonus for 25-percent increase in usage.—Except as provided in paragraph (3), if, after any 12-month period during which a marketing plan has
been in effect under this section with respect to an eligible place, the Secretary determines that the marketing plan has increased average monthly boardings,
or the level of passenger usage, at the airport serving the eligible place, by 25 percent or more, then only 10 percent of the publicly financed costs associated
with the marketing plan shall be required to come from non-Federal sources under this subsection for the following 12-month period.
(3) Bonus for 50-percent increase in usage.—If, after any 12-month period during which a marketing plan has been in effect under this section with
respect to an eligible place, the Secretary determines that the marketing plan has increased average monthly boardings, or the level of passenger usage, at
the airport serving the eligible place, by 50 percent or more, then no portion of the publicly financed costs associated with the marketing plan shall be required
to come from non-Federal sources under this subsection for the following 12-month period.
(Added Pub. L. 108–176, title IV, §410(b), Dec. 12, 2003, 117 Stat. 2548.)
Editorial Notes

Codification
Another section 410(b) of Pub. L. 108–176 amended the table of sections at the beginning of this chapter.
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Incentive Program
Pub. L. 108–176, title IV, §410(a), Dec. 12, 2003, 117 Stat. 2548, provided that: "The purposes of this section [enacting this section] are—

"(1) to enable essential air service communities to increase boardings and the level of passenger usage of airport facilities at an eligible
place by providing technical, financial, and other marketing assistance to such communities and to States;
"(2) to reduce subsidy costs under subchapter II of this chapter [probably means chapter 417 of title 49, United States Code] as a
consequence of such increased usage; and
"(3) to provide such communities with opportunities to obtain, retain, and improve transportation services."

SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

§41761. Purpose
The purpose of this subchapter is to improve service by jet aircraft to underserved markets by providing assistance, in the form of Federal credit instruments,
to commuter air carriers that purchase regional jet aircraft for use in serving those markets.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 96.)
Statutory Notes and Related Subsidiaries

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

§41762. Definitions
In this subchapter, the following definitions apply:
(1) Air carrier.—The term "air carrier" means any air carrier holding a certificate of public convenience and necessity issued by the Secretary of
Transportation under section 41102.
(2) Aircraft purchase.—The term "aircraft purchase" means the purchase of commercial transport aircraft, including spare parts normally associated with
the aircraft.
(3) Capital reserve subsidy amount.—The term "capital reserve subsidy amount" means the amount of budget authority sufficient to cover estimated
long-term cost to the United States Government of a Federal credit instrument, calculated on a net present value basis, excluding administrative costs and any
incidental effects on Government receipts or outlays in accordance with provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(4) Commuter air carrier.—The term "commuter air carrier" means an air carrier that primarily operates aircraft designed to have a maximum passenger
seating capacity of 75 or less in accordance with published flight schedules.
(5) Federal credit instrument.—The term "Federal credit instrument" means a secured loan, loan guarantee, or line of credit authorized to be made
under this subchapter.
(6) Financial obligation.—The term "financial obligation" means any note, bond, debenture, or other debt obligation issued by an obligor in connection
with the financing of an aircraft purchase, other than a Federal credit instrument.
(7) Lender.—The term "lender" means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation) known as Rule 144A(a) of the Security and Exchange Commission and issued under the Security Act of 1933 (15
U.S.C. 77a et seq.)), including—
(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.
(8) Line of credit.—The term "line of credit" means an agreement entered into by the Secretary with an obligor under section 41763(d) to provide a direct
loan at a future date upon the occurrence of certain events.
(9) Loan guarantee.—The term "loan guarantee" means any guarantee or other pledge by the Secretary under section 41763(c) to pay all or part of any of
the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender.
(10) New entrant air carrier.—The term "new entrant air carrier" means an air carrier that has been providing air transportation according to a published
schedule for less than 5 years, including any person that has received authority from the Secretary to provide air transportation but is not providing air
transportation.
(11) Obligor.—The term "obligor" means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may
be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality.
(12) Regional jet aircraft.—The term "regional jet aircraft" means a civil aircraft—
(A) powered by jet propulsion; and
(B) designed to have a maximum passenger seating capacity of not less than 30 nor more than 75.
(13) Secured loan.—The term "secured loan" means a direct loan funded by the Secretary in connection with the financing of an aircraft purchase under
section 41763(b).
(14) Underserved market.—The term "underserved market" means a passenger air transportation market (as defined by the Secretary) that—
(A) is served (as determined by the Secretary) by a nonhub airport or a small hub airport;
(B) is not within a 40-mile radius of an airport that each year has at least .25 percent of the total annual boardings in the United States; and
(C) the Secretary determines does not have sufficient air service.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 96; amended Pub. L. 108–176, title II, §225(b)(5), Dec. 12, 2003, 117 Stat. 2529.)

Editorial Notes

References in Text
The Federal Credit Reform Act of 1990, referred to in par. (3), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §13201(a),
Nov. 5, 1990, 104 Stat. 1388–609, as amended, which is classified generally to subchapter III (§661 et seq.) of chapter 17A of Title 2, The
Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
The Security Act of 1933, referred to in par. (7), probably means the Securities Act of 1933, title I of act May 27, 1933, ch. 38, 48 Stat. 74, as
amended, which is classified generally to subchapter I (§77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification
of this Act to the Code, see section 77a of Title 15 and Tables.
Sections 414(d) and 4974(c) of the Internal Revenue Code of 1986, referred to in par. (7), are classified to sections 414(d) and 4974(c),
respectively, of Title 26, Internal Revenue Code.

Amendments
2003—Pars. (11) to (16). Pub. L. 108–176 redesignated pars. (12), (13), (14), and (16) as (11), (12), (13), and (14), respectively, and struck out
former pars. (11) and (15), which defined "nonhub airport" and "small hub airport", respectively.
Statutory Notes and Related Subsidiaries

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

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

§41763. Federal credit instruments
(a) In General.—Subject to this section and section 41766, the Secretary of Transportation may enter into agreements with one or more obligors to make
available Federal credit instruments, the proceeds of which shall be used to finance aircraft purchases.
(b) Secured Loans.—
(1) Terms and limitations.—
(A) In general.—A secured loan under this section with respect to an aircraft purchase shall be on such terms and conditions and contain such
covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(B) Maximum amount.—No secured loan may be made under this section—
(i) that extends to more than 50 percent of the purchase price (including the value of any manufacturer credits, post-purchase options, or other
discounts) of the aircraft, including spare parts, to be purchased; or
(ii) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides more than $100,000,000
of outstanding credit to any single obligor.
(C) Final payment date.—The final payment on the secured loan shall not be due later than 18 years after the date of execution of the loan agreement.
(D) Subordination.—The secured loan may be subordinate to claims of other holders of obligations in the event of bankruptcy, insolvency, or liquidation
of the obligor as determined appropriate by the Secretary.

(E) Fees.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all or a portion of the administrative costs to the
United States Government of making a secured loan under this section. The proceeds of such fees shall be deposited in an account to be used by the
Secretary for the purpose of administering the program established under this subchapter and shall be available upon deposit until expended.
(2) Repayment.—
(A) Schedule.—The Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from
aircraft revenues and other repayment sources.
(B) Commencement.—Scheduled loan repayments of principal and interest on a secured loan under this section shall commence no later than 3 years
after the date of execution of the loan agreement.
(3) Prepayment.—
(A) Use of excess revenue.—After satisfying scheduled debt service requirements on all financial obligations and secured loans and all deposit
requirements under the terms of any trust agreement, bond resolution, or similar agreement securing financial obligations, the secured loan may be prepaid
at anytime without penalty.
(B) Use of proceeds of refinancing.—The secured loan may be prepaid at any time without penalty from proceeds of refinancing from non-Federal
funding sources.
(c) Loan Guarantees.—
(1) In general.—A loan guarantee under this section with respect to a loan made for an aircraft purchase shall be made in such form and on such terms
and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines
appropriate.
(2) Maximum amount.—No loan guarantee shall be made under this section—
(A) that extends to more than the unpaid interest and 50 percent of the unpaid principal on any loan;
(B) that, for any loan or combination of loans, extends to more than 50 percent of the purchase price (including the value of any manufacturer credits,
post-purchase options, or other discounts) of the aircraft, including spare parts, to be purchased with the loan or loan combination;
(C) on any loan with respect to which terms permit repayment more than 15 years after the date of execution of the loan; or
(D) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides more than $100,000,000 of
outstanding credit to any single obligor.
(3) Fees.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all or a portion of the administrative costs to the United
States Government of making a loan guarantee under this section. The proceeds of such fees shall be deposited in an account to be used by the Secretary for
the purpose of administering the program established under this subchapter and shall be available upon deposit until expended.
(d) Lines of Credit.—
(1) In general.—Subject to the requirements of this subsection, the Secretary may enter into agreements to make available lines of credit to one or more
obligors in the form of direct loans to be made by the Secretary at future dates on the occurrence of certain events for any aircraft purchase selected under
this section.
(2) Terms and limitations.—
(A) In general.—A line of credit under this subsection with respect to an aircraft purchase shall be on such terms and conditions and contain such
covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(B) Maximum amount.—
(i) Total amount.—The amount of any line of credit shall not exceed 50 percent of the purchase price (including the value of any manufacturer credits,
post-purchase options, or other discounts) of the aircraft, including spare parts.
(ii) 1–year draws.—The amount drawn in any year shall not exceed 20 percent of the total amount of the line of credit.
(C) Draws.—Any draw on the line of credit shall represent a direct loan.
(D) Period of availability.—The line of credit shall be available not more than 5 years after the aircraft purchase date.
(E) Rights of third-party creditors.—

(i) Against united states government.—A third-party creditor of the obligor shall not have any right against the United States Government with
respect to any draw on the line of credit.
(ii) Assignment.—An obligor may assign the line of credit to one or more lenders or to a trustee on the lender's behalf.
(F) Subordination.—A direct loan under this subsection may be subordinate to claims of other holders of obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor as determined appropriate by the Secretary.
(G) Fees.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all of a portion of the administrative costs to the
United States Government of providing a line of credit under this subsection. The proceeds of such fees shall be deposited in an account to be used by the
Secretary for the purpose of administering the program established under this subchapter and shall be available upon deposit until expended.
(3) Repayment.—
(A) Schedule.—The Secretary shall establish a repayment schedule for each direct loan under this subsection.
(B) Commencement.—Scheduled loan repayments of principal or interest on a direct loan under this subsection shall commence no later than 3 years
after the date of the first draw on the line of credit and shall be repaid, with interest, not later than 18 years after the date of the first draw.
(e) Risk Assessment.—Before entering into an agreement under this section to make available a Federal credit instrument, the Secretary, in consultation with
the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for the Federal credit instrument based on
such credit evaluations as the Secretary deems necessary.
(f) Conditions.—Subject to subsection (h), the Secretary may only make a Federal credit instrument available under this section if the Secretary finds that—
(1) the aircraft to be purchased with the Federal credit instrument is a regional jet aircraft needed to improve the service and efficiency of operation of a
commuter air carrier or new entrant air carrier;
(2) the commuter air carrier or new entrant air carrier enters into a legally binding agreement that requires the carrier to use the aircraft to provide service to
underserved markets; and
(3) the prospective earning power of the commuter air carrier or new entrant air carrier, together with the character and value of the security pledged,
including the collateral value of the aircraft being acquired and any other assets or pledges used to secure the Federal credit instrument, furnish—
(A) reasonable assurances of the air carrier's ability and intention to repay the Federal credit instrument within the terms established by the Secretary—
(i) to continue its operations as an air carrier; and
(ii) to the extent that the Secretary determines to be necessary, to continue its operations as an air carrier between the same route or routes being
operated by the air carrier at the time of the issuance of the Federal credit instrument; and
(B) reasonable protection to the United States.
(g) Limitation on Combined Amount of Federal Credit Instruments.—The Secretary shall not allow the combined amount of Federal credit instruments
available for any aircraft purchase under this section to exceed—
(1) 50 percent of the cost of the aircraft purchase; or
(2) $100,000,000 for any single obligor.
(h) Requirement.—Subject to subsection (i), no Federal credit instrument may be made under this section for the purchase of any regional jet aircraft that
does not comply with the stage 3 noise levels of part 36 of title 14 of the Code of Federal Regulations, as in effect on January 1, 1999.
(i) Other Limitations.—No Federal credit instrument shall be made by the Secretary under this section for the purchase of a regional jet aircraft unless the
commuter air carrier or new entrant air carrier enters into a legally binding agreement that requires the carrier to provide scheduled passenger air transportation
to the underserved market for which the aircraft is purchased for a period of not less than 36 consecutive months after the date that aircraft is placed in service.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 97.)
Statutory Notes and Related Subsidiaries

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

§41764. Use of Federal facilities and assistance
(a) Use of Federal Facilities.—To permit the Secretary of Transportation to make use of such expert advice and services as the Secretary may require in
carrying out this subchapter, the Secretary may use available services and facilities of other agencies and instrumentalities of the United States Government—
(1) with the consent of the appropriate Federal officials; and
(2) on a reimbursable basis.
(b) Assistance.—The head of each appropriate department or agency of the United States Government shall exercise the duties and powers of that head in
such manner as to assist in carrying out the policy specified in section 41761.
(c) Oversight.—The Secretary shall make available to the Comptroller General of the United States such information with respect to any Federal credit
instrument made under this subchapter as the Comptroller General may require to carry out the duties of the Comptroller General under chapter 7 of title 31,
United States Code.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
Statutory Notes and Related Subsidiaries

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

§41765. Administrative expenses
In carrying out this subchapter, the Secretary shall use funds made available by appropriations to the Department of Transportation for the purpose of
administration, in addition to the proceeds of any fees collected under this subchapter, to cover administrative expenses of the Federal credit instrument program
under this subchapter.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
Statutory Notes and Related Subsidiaries

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

§41766. Funding
Of the amounts appropriated under section 106(k) for each of fiscal years 2001 through 2003, such sums as may be necessary may be used to carry out this
subchapter, including administrative expenses.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
Statutory Notes and Related Subsidiaries

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

§41767. Termination
(a) Authority To Issue Federal Credit Instruments.—The authority of the Secretary of Transportation to issue Federal credit instruments under section
41763 shall terminate on the date that is 5 years after the date of the enactment of this subchapter.
(b) Continuation of Authority To Administer Program for Existing Federal Credit Instruments.—On and after the termination date, the Secretary
shall continue to administer the program established under this subchapter for Federal credit instruments issued under this subchapter before the termination
date until all obligations associated with such instruments have been satisfied.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
Editorial Notes

References in Text
The date of the enactment of this subchapter, referred to in subsec. (a), is the date of enactment of Pub. L. 106–181, which was approved Apr.
5, 2000.
Statutory Notes and Related Subsidiaries

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

CHAPTER 419—TRANSPORTATION OF MAIL
Sec.

41901.
41902.
41903.
41904.
41905.

General authority.
Schedules for certain transportation of mail.
Duty to provide certain transportation of mail.
Noncitizens transporting mail to or in foreign countries.1
Regulating air carrier transportation of foreign mail.2

41905.
41907.

Emergency mail transportation.

41908.

Prices for transporting mail of foreign countries.2
Duty to oppose unreasonable prices under the Universal Postal Union Convention.

41906.

Prices for foreign transportation of mail.2

41907.
41911.
41908.

Weighing mail.
Evidence of providing mail service.2
Effect on foreign postal arrangements.
Editorial Notes

Amendments
2008—Pub. L. 110–405, §2(b)(8), Oct. 13, 2008, 122 Stat. 4289, redesignated items 41906, 41909, and 41910 as 41905 "Emergency mail
transportation", 41906, and 41907 "Weighing mail", respectively.
Pub. L. 110–405, §2(b)(8), Oct. 13, 2008, 122 Stat. 4289, which directed redesignation of item 49112 as 41908, was executed by redesignating
item 41912 as 41908 "Effect of foreign postal arrangements" to reflect the probable intent of Congress.
1 Section catchline amended by Pub. L. 110–405 without corresponding amendment of chapter analysis.
2 Section repealed by Pub. L. 110–405 without corresponding amendment of chapter analysis.

§41901. General authority
(a) Title 39.—The United States Postal Service may provide for the transportation of mail by aircraft in interstate air transportation under section 5402(e) and
(f) of title 39, and in foreign air transportation under section 5402(b) and (c) of title 39.
(b) Authority To Prescribe Prices.—Except as provided in section 5402 of title 39, on the initiative of the Secretary of Transportation or on petition by the
Postal Service or an air carrier, the Secretary shall prescribe and publish—
(1) after notice and an opportunity for a hearing on the record, reasonable prices to be paid by the Postal Service for the transportation of mail by aircraft
between places in Alaska, the facilities used in and useful for the transportation of mail, and the services related to the transportation of mail for each carrier
holding a certificate that authorizes that transportation;
(2) the methods used, whether by aircraft-mile, pound-mile, weight, space, or a combination of those or other methods, to determine the prices for each air
carrier or class of air carriers; and
(3) the effective date of the prices.
(c) Other Transportation.—In prescribing prices under subsection (b) of this section, the Secretary may include transportation other than by aircraft that is
incidental to transportation of mail by aircraft or necessary because of emergency conditions related to aircraft operations.
(d) Authority To Prescribe Different Prices.—Considering conditions peculiar to transportation by aircraft and to particular air carriers or classes of air
carriers, the Secretary may prescribe different prices under this section for different air carriers or classes of air carriers and for different classes of service. In
prescribing a price for a carrier under this section, the Secretary shall consider, among other factors, the following:
(1) the condition that the carrier may hold and operate under a certificate authorizing the transportation of mail only by providing necessary and adequate
facilities and service for the transportation of mail.
(2) standards related to the character and quality of service to be provided that are prescribed by or under law.
(e) Statements on Prices.—A petition for prescribing a reasonable price under this section must include a statement of the price the petitioner believes is
reasonable.
(f) Statements on Required Services.—The Postal Service shall introduce as part of the record in every proceeding under this section a comprehensive
statement of the services to be required of the air carrier and other information the Postal Service has that the Secretary considers material to the proceeding.
(Pub. L. 103–272, §§1(e), 4(k)(1), (2), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 104–52, title VI, §631(c), Nov. 19, 1995, 109 Stat. 505; Pub. L. 106–31, title VI,
§6003, May 21, 1999, 113 Stat. 113; Pub. L. 107–206, title III, §3002(e)(2), Aug. 2, 2002, 116 Stat. 924; Pub. L. 110–405, §2(b)(1), (2), Oct. 13, 2008, 122 Stat.
4289.)
Historical and Revision Notes

Pub. L. 103–272, §1(e)
Revised
Section
41901(a)

41901(b)

Source (U.S. Code)
49 App.:1376(a) (1st sentence
related to non-Alaska interstate
and overseas air transportation
less words between parentheses).
49 App.:1551(b)(1)(D).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §406(a), 72
Stat. 763; Nov. 9, 1977, Pub. L. 95–163,
§13, 91 Stat. 1282.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(D); added Oct. 4, 1984, Pub.
L. 95–504, §40(a), 92 Stat. 1745; Oct. 4,
1984, Pub. L. 98–443, §3(d), 98 Stat.
1704.

49 App.:1376(a) (1st sentence
related to foreign and Alaska air
transportation less words between
parentheses, 2d, last sentences).
49 App.:1376(c).

49 App.:1551(b)(1)(E).

41901(c)

49 App.:1376(a) (1st sentence words
between parentheses).
49 App.:1376(b).
Aug. 23, 1958, Pub. L. 85–726, §406(b), 72
Stat. 763; July 10, 1962, Pub. L. 87–528,
§5, 76 Stat. 145; Oct. 15, 1966, Pub. L.
89–670, §8(a), 80 Stat. 942; Nov. 9, 1977,
Pub. L. 95–163, §12(a), 91 Stat. 1282; Oct.
24, 1978, Pub. L. 95–504, §§24(a), 25(a),
92 Stat. 1725.
49 App.:1376(d).
Aug. 23, 1958, Pub. L. 85–726, §406(d), (e),
72 Stat. 764.
49 App.:1551(b)(1)(D), (E).
49 App.:1376(e) (1st sentence).
49 App.:1376(e) (last sentence).
49 App.:1551(b)(1)(D), (E).
49 App.:1551(b)(3).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
1601(b)(3); added Oct. 4, 1984, Pub. L.
98–443, 3(f), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(b)(3) of Federal Aviation Act of
1958), 102 Stat. 2155.
49 App.:1553(c).
Oct. 4, 1984, Pub. L. 98–443, §4(c), 98 Stat.
1705; Sept. 30, 1988, Pub. L. 100–457,

41901(d)

41901(e)
41901(f)

41901(g)

Aug. 23, 1958, Pub. L. 85–726, §406(c), 72
Stat. 764; Oct. 24, 1978, Pub. L. 95–504,
§24(b), 92 Stat. 1725.
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.

§346 (related to §4(c) of Civil Aeronautics
Board Sunset Act of 1984), 102 Stat. 2155.

In this section, the word "prescribe" is substituted for "fix and determine" and "fixing and determining" for consistency in the revised title and
with other titles of the United States Code. The word "reasonable" is substituted for "fair and reasonable" for consistency in the revised title
and to eliminate an unnecessary word. See the revision notes following 49:10101.
Subsection (a) is substituted for 49 App.:1551(b)(1)(D) to make clear that the United States Postal Service derives its authority to provide for
the transportation of mail by aircraft in interstate transportation from 39:5402(d) and (f). The text of 49 App.:1376(a) (1st sentence related to
non-Alaska interstate and overseas air transportation less words between parentheses) is omitted as superseded by 39:5402(d).
In subsection (b), before clause (1), the words "Except as provided in section 5402 of title 39" are added for clarity. The words "from time to
time" in 49 App.:1376(a) are omitted as surplus. The text of 49 App.:1376(a) (2d, last sentences) is omitted as executed. In clauses (1) and
(2), the word "prices" is substituted for "rates of compensation" for consistency in this part. In clause (1), the words "an opportunity for a
hearing on the record" are substituted for "hearing" for clarity and consistency with subsection (f) of this section. The words "to be paid by the
Postal Service" are substituted for "The United States Postal Service shall make payments . . . of so much of the total compensation as is fixed
and determined by the Board under this section without regard to clause (3) of subsection (b) of this section" in 49 App.:1376(c) to eliminate
unnecessary words because the text of 49 App.:1376(b) (2d sentence words after 2d semicolon) is being omitted. See the revision notes for
subsection (d) of this section. The words "out of appropriations for the transportation of mail by aircraft" are omitted as being superseded by
chapters 20 and 24 of title 39, United States Code. The text of 49 App.:1376(c) (2d sentence) is omitted as expired because of 49 App.:1376(c)
(last sentence). The text of 49 App.:1376(c) (last sentence) is omitted as executed. The words "and to make such rates effective from such
date as it shall determine to be proper" in 49 App.:1376(a) are omitted because the power to determine when rates go into effect is included in
the power to prescribe rates. The words "transportation of mail by aircraft in foreign air transportation or between places in Alaska" are
substituted for "transportation of mail by aircraft" because 49 App.:1551(b)(1)(D) and (E) provides that transportation of mail in interstate or
overseas air transportation (except transportation of mail between 2 places in Alaska) is transferred to the jurisdiction of the United States
Postal Service leaving the balance of authority under 49 App.:1376(a) with the Secretary of Transportation.
In subsections (c), (d), and (f), reference to service provided by the Postal Service is omitted as obsolete because of 39:5402(d).
In subsection (c), the words "In prescribing prices under subsection (b) of this section, the Secretary" are added for clarity.
In subsection (d), the text of 49 App.:1376(b) (2d sentence words after 2d semicolon, 5th–7th sentences) and (d) is omitted as obsolete
because under 49 App.:1376(c) and 1376a, payments by the Board under 49 App.:1376 were terminated. The text of 49 App.:1376(b) (3d, 4th
sentences) is omitted as obsolete because it applies only to rates paid for service performed between October 24, 1978, and January 1, 1983.
The text of 49 App.:1376(b) (last sentence) is omitted as executed.
Subsection (g) is substituted for 49 App.:1551(b)(3) and 1553(c) because the date on which the authority of the Secretary of Transportation
to provide for the transportation of mail by aircraft expires is set out in 39:5402(f). The source provisions of 49 App.:1551(b)(3) providing for
the transfer of that authority from the Secretary to the Postal Service are restated in section 5(k) of this bill.
Pub. L. 103–272, §4(k)(1), (2)
Revised
Section
41901(b)(1), (g)

49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(8); added Oct. 4, 1984, Pub. L.
98–443, §3(c), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(a)(8) of Federal Aviation Act of
1958), 102 Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(3); added Oct. 4, 1984, Pub. L.
98–443, §3(f), 98 Stat. 1704; Sept. 30,

1988, Pub. L. 100–457, §346 (related to
§1601(b)(3) of Federal Aviation Act of
1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)
(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of
1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those

sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title)
ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska
from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Editorial Notes

Amendments
2008—Subsec. (a). Pub. L. 110–405, §2(b)(1), substituted "39, and in foreign air transportation under section 5402(b) and (c) of title 39." for
"39."
Subsec. (b)(1). Pub. L. 110–405, §2(b)(2), struck out "in foreign air transportation or" after "aircraft".
2002—Subsec. (a). Pub. L. 107–206 substituted "5402(e)" for "5402(d)".
1999—Subsecs. (b)(1), (g). Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment notes below.
1995—Subsec. (g). Pub. L. 104–52 struck out subsec. (g) which read as follows: "Expiration Date.—The authority of the Secretary under this
part and section 5402 of title 39 providing for the transportation of mail by aircraft between places in Alaska expires on the date specified in
section 5402(f) of title 39."
1994—Subsec. (b)(1). Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation," for
"foreign air transportation or between places in Alaska,", effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31,
1998.
Subsec. (g). Pub. L. 103–272, §4(k)(2), which directed the amendment of this section by striking out subsec. (g), effective Jan. 1, 1999, was
repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal
Service.

Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

§41902. Schedules for certain transportation of mail
(a) Requirement.—Except as provided in section 41905 of this title and section 5402 of title 39, an air carrier may transport mail by aircraft between places in
Alaska only under a schedule designated or required to be established under subsection (c) of this section for the transportation of mail.
(b) Statements on Places and Schedules.—Every air carrier shall file with the United States Postal Service a statement showing—
(1) the places between which the carrier is authorized to transport mail in Alaska;

(2) every schedule of aircraft regularly operated by the carrier between places described in paragraph (1) and every change in each schedule; and
(3) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each such place.
(c) Designating and Additional Schedules.—The Postal Service may—
(1) designate any schedule of an air carrier filed under subsection (b)(2) of this section for the transportation of mail between the places between which the
carrier is authorized by its certificate to transport mail; and
(2) require the carrier to establish additional schedules for the transportation of mail between those places.
(d) Changing Schedules.—A schedule designated or required to be established for the transportation of mail under subsection (c) of this section may be
changed only after 10 days' notice of the change is filed as provided in subsection (b)(2) of this section. The Postal Service may disapprove a proposed change
in a schedule or amend or modify the schedule or proposed change.
(Pub. L. 103–272, §§1(e), 4(k)(1), (3), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 103–429, §7(a)(3)(D), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 106–31, title VI,
§6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, §2(b)(3), Oct. 13, 2008, 122 Stat. 4289; Pub. L. 115–254, div. B, title V, §539(f), Oct. 5, 2018, 132 Stat.
3370.)
Historical and Revision Notes

Pub. L. 103–272, §1(e)
Revised
Section
41902(a)

Source (U.S. Code)
49 App.:1375(b) (last sentence).

49 App.:1551(a)(4)(A) (related to 49
App.:1375(b)).

41902(b)

49 App.:1375(b) (1st sentence).
49 App.:1551(a)(4)(A) (related to 49
App.:1375(b)), (b)(1)(E).
49 App.:1375(b) (2d sentence).
49 App.:1375(b) (3d, 4th sentences).
49 App.:1375(b) (5th–7th
sentences).
49 App.:1551(a)(4)(A) (related to 49
App.:1375(b)), (b)(1)(E).
49 App.:1375(b) (8th sentence).
49 App.:1551(a)(4)(A) (related to 49
App.:1375(b)), (b)(1)(E).

41902(c)
41902(d)
41902(e)

41902(f)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §405(b), 72
Stat. 760.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(A) (related to §405(b)), (b)(1)
(E); added Oct. 4, 1984, Pub. L. 98–443,
§3(c), (e), 98 Stat. 1703, 1704.

In this chapter, the word "places" is substituted for "points" for consistency in the revised title. The words "United States Postal Service" and
"Postal Service" are substituted for "Postmaster General" in sections 401, 405, and 406 of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 754, 760) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783).
In subsection (a), the words "Except as provided in section 41906 of this title and section 5402 of title 39" are added because section 41906 of
the revised title and 39:5402 contain exceptions to the provisions restated in this subsection. The words "transport mail by aircraft in foreign air
transportation or between places in Alaska" are substituted for "transport mail" because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(b)
no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska).

In subsection (b), before clause (1), the words "from time to time" are omitted as surplus. Clauses (1) and (2) are substituted for "to engage
in air transportation" because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer applies to interstate or overseas air
transportation (except transportation of mail between 2 places in Alaska). In clause (4), the words "between places described in clauses (1)
and (2) of this subsection and every change in each schedule" are substituted for "between such points" for clarity.
In subsection (c)(1), the words "any schedule of an air carrier filed under subsection (b)(3) of this section" are substituted for "any such
schedule" for clarity.
In subsection (c)(2), the words "by order" are omitted as surplus.
In subsection (d), the word "alter" is omitted as being included in "amend, or modify".
In subsection (e), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title. The words "appeal the
order" are substituted for "apply . . . for a review of such order" for consistency in the revised title and with other titles of the United States
Code. The words "The Board may review, and" are omitted as surplus. The words "amend, modify" are substituted for "amend, revise" for
consistency in the revised title.
Subsection (f) is substituted for 49 App.:1375(b) (8th sentence) to reflect the transfer of functions of the Civil Aeronautics Board to the
Secretary of Transportation.
Pub. L. 103–272, §4(k)(1), (3)
Revised
Section
41902(a), (b)

49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(8); added Oct. 4, 1984, Pub. L.
98–443, §3(c), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(a)(8) of Federal Aviation Act of
1958), 102 Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(3); added Oct. 4, 1984, Pub. L.
98–443, §3(f), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(b)(3) of Federal Aviation Act of
1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)
(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of
1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those

sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title)
ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska
from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254 substituted "section 41905" for "section 41906".
2008—Subsec. (a). Pub. L. 110–405, §2(b)(3)(A), struck out "in foreign air transportation or" after "aircraft".
Subsec. (b). Pub. L. 110–405, §2(b)(3)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows:

"Every air carrier shall file with the Secretary of Transportation and the United States Postal Service a statement showing—

"(1) the places between which the carrier is authorized to provide foreign air transportation;
"(2) the places between which the carrier is authorized to transport mail in Alaska;
"(3) every schedule of aircraft regularly operated by the carrier between places described in clauses (1) and (2) of this subsection and
every change in each schedule; and
"(4) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each place."
Subsecs. (c)(1), (d). Pub. L. 110–405, §2(b)(3)(C), substituted "subsection (b)(2)" for "subsection (b)(3)".
Subsecs. (e), (f). Pub. L. 110–405, §2(b)(3)(D), struck out subsecs. (e) and (f) which read as follows:
"(e) Orders.—An order of the Postal Service under this section may become effective only after 10 days after the order is issued. A person
adversely affected by the order may appeal the order to the Secretary before the end of the 10-day period under regulations the Secretary
prescribes. If the public convenience and necessity require, the Secretary may amend, modify, suspend, or cancel the order. Pending a
decision about the order, the Secretary may postpone the effective date of the order.
"(f) Proceedings Preferences.—The Secretary shall give preference to a proceeding under this section over all other proceedings before the
Secretary under this subpart."
1999—Subsecs. (a), (b)(2) to (4). Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment notes below.
1994—Subsec. (a). Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation" for
"foreign air transportation or between places in Alaska", effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Subsec. (b)(2) to (4). Pub. L. 103–272, §4(k)(3), as amended by Pub. L. 103–429, which directed the amendment of subsec. (b) by
redesignating par. (3) as (2) and substituting "clause (1)" for "clauses (1) and (2)", striking out former par. (2) which read as follows: "the places
between which the carrier is authorized to transport mail in Alaska;", and redesignating par. (4) as (3), effective Jan. 1, 1999, was repealed by
Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal
Service.

Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

Effective Date of 1994 Amendment
Pub. L. 103–429, §7(a), Oct. 31, 1994, 108 Stat. 4388, provided in part that the amendment made by that section is effective July 5, 1994.

§41903. Duty to provide certain transportation of mail
(a) Air Carriers.—Subject to subsection (b) of this section, an air carrier authorized by its certificate to transport mail by aircraft between places in Alaska
shall—
(1) provide facilities and services necessary and adequate to provide that transportation; and
(2) transport mail between the places authorized in the certificate for transportation of mail when required, and under regulations prescribed, by the United
States Postal Service.
(b) Maximum Mail Load.—The Secretary of Transportation may prescribe the maximum mail load for a schedule or for an aircraft or type of aircraft for the
transportation of mail by aircraft between places in Alaska. If the Postal Service tenders to an air carrier mail exceeding the maximum load for transportation by

the carrier under a schedule designated or required to be established for the transportation of mail under section 41902(c) of this title, the carrier, as nearly in
accordance with the schedule as the Secretary decides is possible, shall—
(1) provide facilities sufficient to transport the mail to the extent the Secretary decides the carrier reasonably is able to do so; and
(2) transport that mail.
(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1154, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, §2(b)(4),
Oct. 13, 2008, 122 Stat. 4289.)
Historical and Revision Notes

Pub. L. 103–272, §1(e)
Revised
Section
41903(a)

Source (U.S. Code)
49 App.:1371(l).

Aug. 23, 1958, Pub. L. 85–726, §§401(l),
405(c), (d), 72 Stat. 757, 761.

49 App.:1375(d).
49 App.:1551(a)(4)(A) (related to 49
App.:1371(l), 1375(d)).

41903(b)

49 App.:1375(c).
49 App.:1551(a)(4)(A) (related to 49
App.:1375(c)).
49 App.:1551(b)(1)(E).

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(4)(A) (related to §§401(l), 405(c),
(d)); added Oct. 4, 1984, Pub. L. 98–443,
§3(c), 98 Stat. 1703.

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.

In subsection (a), before clause (1), the words "Subject to subsection (b) of this section" are added for clarity because subsection (b) limits
the effect of this section. The words "transport mail by aircraft in foreign air transportation or between places in Alaska" are substituted for "the
transportation of mail" in 49 App.:1371(l) and "the transportation of mail by aircraft" in 49 App.:1375(d) because 49 App.:1551(a)(4)(A)
provides that 49 App.:1371(l) and 1375(d) no longer apply to interstate or overseas air transportation (except transportation of mail between 2
places in Alaska). Clause (2) is substituted for "shall transport mail whenever required by the United States Postal Service" in 49 App.:1371(l)
and the text of 49 App.:1375(d) for clarity and to eliminate unnecessary words. The text of 49 App.:1371(l) (last sentence) is omitted as surplus
because section 41901 of the revised title specifies how the rates of compensation are determined.
In subsection (b), before clause (1), the words "transportation of mail by aircraft in foreign air transportation or between places in Alaska" are
added because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(c) no longer applies to interstate or overseas air transportation of mail
(except transportation of mail between 2 places in Alaska).
Pub. L. 103–272, §4(k)(1)
Revised
Section
41903

49 App.:1551(a)(8).

49 App.:1551(b)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(a)(8); added Oct. 4, 1984, Pub. L.
98–443, §3(c), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(a)(8) of Federal Aviation Act of
1958), 102 Stat. 2155.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

§1601(b)(3); added Oct. 4, 1984, Pub. L.
98–443, §3(f), 98 Stat. 1704; Sept. 30,
1988, Pub. L. 100–457, §346 (related to
§1601(b)(3) of Federal Aviation Act of
1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726,
72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)
(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of
1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those

sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title)
ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska
from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Editorial Notes

Amendments
2008—Subsecs. (a), (b). Pub. L. 110–405 struck out "in foreign air transportation or" before "between places in Alaska" in introductory
provisions.
1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.
1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation" for "foreign air
transportation or between places in Alaska" in introductory provisions of subsecs. (a) and (b), effective Jan. 1, 1999, was repealed by Pub. L.
106–31, §6003, effective Dec. 31, 1998.
Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal
Service.

Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

§41904. Noncitizens transporting mail
When the United States Postal Service decides that it may be necessary to have a person not a citizen of the United States transport mail by aircraft between
two points outside the United States, the Postal Service may make an arrangement with the person, without advertising, to provide the transportation. Nothing in
this section shall affect the authority of the Postal Service to make arrangements with noncitizens for the carriage of mail in foreign air transportation under
subsections 5402(b) and (c) of title 39.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155; Pub. L. 110–405, §2(b)(5), Oct. 13, 2008, 122 Stat. 4289.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

41904

49 App.:1375(e)(2).

Aug. 23, 1958, Pub. L. 85–726, §405(e)(2),
72 Stat. 761.

The words "who may not be obligated to transport the mail for a foreign country" are omitted for simplicity and clarity because the omitted
words impose no requirement or qualification that is meaningful.
Editorial Notes

Amendments
2008—Pub. L. 110–405 struck out "to or in foreign countries" after "mail" in section catchline, substituted "between two points outside the
United States" for "to or in a foreign country", and inserted "Nothing in this section shall affect the authority of the Postal Service to make
arrangements with noncitizens for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title 39." after
"transportation."
Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal
Service.

§41905. Emergency mail transportation
(a) Contract Authority.—In an emergency caused by a flood, fire, or other disaster, the United States Postal Service may make a contract without
advertising to transport mail by aircraft to or from a locality affected by the emergency when the available facilities of persons authorized to transport mail to or
from the locality are inadequate to meet the requirements of the Postal Service during the emergency. The contract may be only for periods necessary to
maintain mail service because of the inadequacy of the facilities. Payment for transportation provided under the contract shall be made at prices provided in the
contract.
(b) Transportation Not Air Transportation.—Transportation provided under a contract made under subsection (a) of this section is not air transportation
within the meaning of this part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, §41906; renumbered §41905, Pub. L. 110–405, §2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
Historical and Revision Notes
Revised
Section
41906(a)
41906(b)

Source (U.S. Code)
49 App.:1375(h) (1st, 2d, last
sentences).
49 App.:1375(h) (3d sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §405(h), 72
Stat. 762.

In subsection (a), the word "disaster" is substituted for "calamitous visitation" for consistency in the revised title and with other titles of the
United States Code. The words "any or all classes of" and "of compensation" are omitted as surplus. The words "from appropriations for the
transportation of mail by the means normally used for transporting the mail transported under such contracts" are omitted as superseded by
39:chs. 20 and 24. The authority of the Postal Service under this section is in addition to the authority of the Postal Service under 39:5001.
In subsection (b), the words "Transportation provided" are substituted for "operation" for consistency in this chapter.

Editorial Notes

Prior Provisions
A prior section 41905, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, related to regulating air carrier transportation of foreign mail, prior
to repeal by Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments
2008—Pub. L. 110–405 renumbered section 41906 of this title as this section.

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal
Service.

§41906. Duty to oppose unreasonable prices under the Universal Postal Union Convention
The Secretary of State and the United States Postal Service shall—
(1) take appropriate action to ensure that the prices paid for transporting mail under the Universal Postal Union Convention are not higher than reasonable
prices for transporting mail; and
(2) oppose any existing or proposed Universal Postal Union price that is higher than a reasonable price for transporting mail.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1156, §41909; renumbered §41906, Pub. L. 110–405, §2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
Historical and Revision Notes
Revised
Section
41909

Source (U.S. Code)
49 App.:1376(h)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§406(h)(2); added Jan. 3, 1975, Pub. L.
93–623, §4, 88 Stat. 2103.

The words "necessary and" are omitted as being included in the word "appropriate". The words "each" and "all" are omitted as surplus. The
words "transporting mail" are substituted for "such services" for consistency in this section. The word "reasonable" is substituted for "fair and
reasonable" for consistency in the revised title and to eliminate an unnecessary word. See revision notes following 49:10101.
Editorial Notes

Prior Provisions
A prior section 41906 was renumbered section 41905 of this title.
Statutory Notes and Related Subsidiaries

Amendments
2008—Pub. L. 110–405 renumbered section 41909 of this title as this section.

§41907. Weighing mail
The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and administrative computations
necessary in the interest of mail service. When the Secretary of Transportation decides that additional or more frequent weighings of mail are advisable or
necessary to carry out this part, the Postal Service shall provide the weighings, but it is not required to provide them for continuous periods of more than 30
days.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, §41910; renumbered §41907 and amended Pub. L. 110–405, §2(b)(6), (7)(B), Oct. 13, 2008, 122 Stat.
4289; Pub. L. 115–254, div. B, title V, §539(g), Oct. 5, 2018, 132 Stat. 3370.)
Historical and Revision Notes
Revised
Section
41910

49 App.:1376(f).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §406(f), 72
Stat. 764.
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.

The text of 49 App.:1376(f) (2d sentence) is omitted as surplus because of 39:chs. 4 and 10. The words "upon request of the Board" are
omitted as surplus because the Secretary of Transportation makes the determination. The words "therefor in like manner" are omitted as
surplus.
Editorial Notes

Prior Provisions
A prior section 41907, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, related to prices for foreign transportation of mail, prior to repeal by
Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments
2018—Pub. L. 115–254 substituted "and administrative" for "and –administrative".
2008—Pub. L. 110–405, §2(b)(7)(B), renumbered section 41910 of this title as this section.
Pub. L. 110–405, §2(b)(6), substituted "The United States Postal Service may weigh mail transported by aircraft between places in Alaska and

make statistical and –administrative computations necessary in the interest of mail service." for "The United States Postal Service may weigh
mail transported by aircraft and make statistical and administrative computations necessary in the interest of mail service."
Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal
Service.

§41908. Effect on foreign postal arrangements

This part does not—
(1) affect an arrangement made by the United States Government with the postal administration of a foreign country related to the transportation of mail by
aircraft; or
(2) impair the authority of the United States Postal Service to make such an arrangement.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, §41912; renumbered §41908, Pub. L. 110–405, §2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)
Historical and Revision Notes
Revised
Section
41912

Source (U.S. Code)
49 App.:1375(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §405(e)(1),
72 Stat. 761.

In clause (1), the words "abrogate or" are omitted as being included in "affect".
Editorial Notes

Prior Provisions
A prior section 41908, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1156, related to prices for transporting mail of foreign countries, prior to
repeal by Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments
2008—Pub. L. 110–405, which directed the amendment of this chapter by renumbering section 49112 as this section, was executed by
renumbering section 41912 of this title as this section to reflect the probable intent of Congress.

[§41909. Renumbered §41906]
[§41910. Renumbered §41907]
[§41911. Repealed. Pub. L. 110–405, §2(b)(7)(A), Oct. 13, 2008, 122 Stat. 4289]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, related to evidence of providing mail service.
Statutory Notes and Related Subsidiaries

Effective Date of Repeal
Repeal effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as an Effective Date of 2008 Amendment note under section 101 of
Title 39, Postal Service.

[§41912. Renumbered §41908]

CHAPTER 421—LABOR-MANAGEMENT PROVISIONS
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM 1
Sec.

42101.
42102.
42103.
42104.
42105.
42106.
42111.
42112.
42121.

Definitions.

Payments to eligible protected employees.
Duty to hire protected employees.
Congressional review of regulations.
Airline Employees Protective Account.
Ending effective date.
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS
Mutual aid agreements.

Labor requirements of air carriers.
SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
Protection of employees providing air safety information.

Amendments
2000—Pub. L. 106–181, title V, §519(b), Apr. 5, 2000, 114 Stat. 149, added heading for subchapter III and item 42121.
1 Subchapter I repealed by Pub. L. 105–220 without corresponding amendment of chapter analysis.

[SUBCHAPTER I—REPEALED]

[§§42101 to 42106. Repealed. Pub. L. 105–220, title I, §199(a)(6), Aug. 7, 1998, 112 Stat. 1059]
Section 42101, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, defined terms in subchapter.
Section 42102, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1158, related to payments to eligible protected employees.
Section 42103, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159, related to duty to hire protected employees.
Section 42104, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389, related to
congressional review of regulations.
Section 42105, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160, related to Airline Employees Protective Account.
Section 42106, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160, provided ending effective date for subchapter.

SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS

§42111. Mutual aid agreements
An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing
foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the
Secretary of Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section 41309, the Secretary shall approve
the agreement only if it provides that—

(1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or
amortization expenses;
(2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and
(3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)
Historical and Revision Notes
Revised
Section
42111

Source (U.S. Code)
49 App.:1382(c).

49 App.:1551(b)(1)(C) (related to 49
App.:1382(c)).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§412(c); added Oct. 24, 1978, Pub. L. 95–
504, §29(a), 92 Stat. 1730; Feb. 15, 1980,
Pub. L. 96–192, §11(2), 94 Stat. 39; Oct. 4,
1984, Pub. L. 98–443, §9(s), 98 Stat. 1708.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(C) (related to §412(c)); added
Oct. 24, 1978, Pub. L. 95–504, §40(a), 92
Stat. 1745; Oct. 14, 1982, Pub. L. 97–309,
§4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L.
98–443, §3(a), 98 Stat. 1703.

In this section, before clause (1), the text of 49 App.:1382(c)(1) is omitted as executed. The words "For purposes of this subsection, the term
. . . (A) 'mutual aid agreement' means" are omitted because of the restatement. The words "contract or", "which are parties to such contract or
agreement", and "during which" are omitted as surplus. The word "providing" is substituted for "engaging in" for consistency. The words
"service in" are omitted as surplus. The words "No air carrier shall enter into any mutual aid agreement with any other air carrier" are omitted
as surplus. In clause (1), the words "For purposes of this subsection, the term . . .  (B) 'direct operating expenses' includes" are omitted
because of the restatement. The words "for any period" and "during such period" are omitted as surplus. In clause (2), the words "under the
agreement" and "during any labor strike" are omitted as surplus.
Editorial Notes

References in Text
The Railway Labor Act, referred to in par. (3), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter
8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

§42112. Labor requirements of air carriers
(a) Definitions.—In this section—
(1) "copilot" means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in
effect an airman certificate authorizing the employee to serve as, a copilot.
(2) "pilot" means an employee who is—
(A) responsible for manipulating or who manipulates the flight controls of an aircraft when under way, including the landing and takeoff of an aircraft; and
(B) qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a pilot.
(b) Duties of Air Carriers.—An air carrier shall—

(1) maintain rates of compensation, maximum hours, and other working conditions and relations for its pilots and copilots who are providing interstate air
transportation in the 48 contiguous States and the District of Columbia to conform with decision number 83, May 10, 1934, National Labor Board,
notwithstanding any limitation in that decision on the period of its effectiveness;
(2) maintain rates of compensation for its pilots and copilots who are providing foreign air transportation or air transportation only in one territory or
possession of the United States; and
(3) comply with title II of the Railway Labor Act (45 U.S.C. 181 et seq.) as long as it holds its certificate.
(c) Minimum Annual Rate of Compensation.—A minimum annual rate under subsection (b)(2) of this section may not be less than the annual rate required
to be paid for comparable service to a pilot or copilot under subsection (b)(1) of this section.
(d) Collective Bargaining.—This section does not prevent pilots or copilots of an air carrier from obtaining by collective bargaining higher rates of
compensation or more favorable working conditions or relations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)
Historical and Revision Notes
Revised
Section
42112(a)

49 App.:1371(k)(5).

42112(b), (c)
42112(d)

49 App.:1371(k)(1), (2), (4).
49 App.:1371(k)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §401(k), 72
Stat. 756.

In subsection (a), the words "properly" and "currently" are omitted as surplus.
In subsection (b), the word "providing" is substituted for "engaged in" for consistency in the revised title. In clause (1), the words "48
contiguous States and the District of Columbia" are substituted for "the continental United States (not including Alaska)" for clarity and
consistency in the revised title. In clause (2), the words "overseas or" are omitted as obsolete. The word "only" is substituted for "wholly" for
consistency. In clause (3), the words "as long as it holds" are substituted for "upon the holding" for clarity.
In subsection (c), the words "under subsection (b)(1) of this section" are substituted for "said decision 83 . . . engaged in interstate air
transportation within the continental United States (not including Alaska)" to eliminate unnecessary words.
In subsection (d), the words "or other employees" are omitted as unnecessary because this section only applies to pilots and copilots.
Editorial Notes

References in Text
The Railway Labor Act, referred to in subsec. (b)(3), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended. Title II of the Act was added by
act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified generally to subchapter II (§181 et seq.) of chapter 8 of Title 45, Railroads. For
complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
Statutory Notes and Related Subsidiaries

Labor Integration
Pub. L. 110–161, div. K, title I, §117, Dec. 26, 2007, 121 Stat. 2382, provided that:
"(a) Labor Integration.—With respect to any covered transaction involving two or more covered air carriers that results in the combination of
crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed

by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered
employees of the covered air carriers; except that—
"(1) if the same collective bargaining agent represents the combining crafts or classes at each of the covered air carriers, that collective
bargaining agent's internal policies regarding integration, if any, will not be affected by and will supersede the requirements of this section;
and
"(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered
employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement,
so long as those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.
"(b) Definitions.—In this section, the following definitions apply:
"(1) Air carrier.—The term 'air carrier' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.
"(2) Covered air carrier.—The term 'covered air carrier' means an air carrier that is involved in a covered transaction.
"(3) Covered employee.—The term 'covered employee' means an employee who—
"(A) is not a temporary employee; and
"(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).
"(4) Covered transaction.—The term 'covered transaction' means—
"(A) a transaction for the combination of multiple air carriers into a single air carrier; and which
"(B) involves the transfer of ownership or control of—
"(i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or
"(ii) 50 percent or more (by value) of the assets of the air carrier.
"(c) Application.—This section shall not apply to any covered transaction involving a covered air carrier that took place before the date of
enactment of this Act [Dec. 26, 2007].
"(d) Effectiveness of Provision.—This section shall become effective on the date of enactment of this Act and shall continue in effect in
fiscal years after fiscal year 2008."

SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

§42121. Protection of employees providing air safety information
(a) Prohibited Discrimination.—A holder of a certificate under section 44704 or 44705 of this title, or a contractor, subcontractor, or supplier of such holder,
may not discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a request of the employee)—
(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or Federal
Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other
provision of Federal law relating to aviation safety under this subtitle or any other law of the United States;
(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged
violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to aviation safety under this
subtitle or any other law of the United States;
(3) testified or is about to testify in such a proceeding; or
(4) assisted or participated or is about to assist or participate in such a proceeding.
(b) Department of Labor Complaint Procedure.—
(1) Filing and notification.—A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of
subsection (a) may, not later than 90 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the
Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person

named in the complaint and the Administrator of the Federal Aviation Administration of the filing of the complaint, of the allegations contained in the complaint,
of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).
(2) Investigation; preliminary order.—
(A) In general.—Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the
complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the
Secretary to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to
believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the
Secretary's findings. If the Secretary of Labor concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the
Secretary shall accompany the Secretary's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after
the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to
the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement
remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the
preliminary order shall be deemed a final order that is not subject to judicial review.
(B) Requirements.—
(i) Required showing by complainant.—The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an
investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs
(1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
(ii) Showing by employer.—Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no
investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the
employer would have taken the same unfavorable personnel action in the absence of that behavior.
(iii) Criteria for determination by secretary.—The Secretary may determine that a violation of subsection (a) has occurred only if the complainant
demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action
alleged in the complaint.
(iv) Prohibition.—Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the
employer would have taken the same unfavorable personnel action in the absence of that behavior.
(3) Final order.—
(A) Deadline for issuance; settlement agreements.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the
Secretary of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final
order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the
complainant, and the person alleged to have committed the violation.
(B) Remedy.—If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred,
the Secretary of Labor shall order the person who committed such violation to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and
privileges associated with his or her employment; and
(iii) provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the
order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as
determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.
(C) Frivolous complaints.—If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the
Secretary of Labor may award to the prevailing employer a reasonable attorney's fee not exceeding $1,000.
(4) Review.—
(A) Appeal to court of appeals.—Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order
in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in
which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the

final order of the Secretary of Labor. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate as a stay of the order.
(B) Limitation on collateral attack.—An order of the Secretary of Labor with respect to which review could have been obtained under subparagraph
(A) shall not be subject to judicial review in any criminal or other civil proceeding.
(5) Enforcement of order by secretary of labor.—Whenever any person has failed to comply with an order issued under paragraph (3), the
Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In
actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and
compensatory damages.
(6) Enforcement of order by parties.—
(A) Commencement of action.—A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to
whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce such order.
(B) Attorney fees.—The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert
witness fees) to any party whenever the court determines such award is appropriate.
(c) Mandamus.—Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28,
United States Code.
(d) Nonapplicability to Deliberate Violations.—Subsection (a) shall not apply with respect to an employee of a holder of a certificate issued under section
44704 or 44705, or a contractor or subcontractor thereof, who, acting without direction from such certificate-holder, contractor, or subcontractor (or such person's
agent), deliberately causes a violation of any requirement relating to aviation safety under this subtitle or any other law of the United States.
(e) Contractor Defined.—In this section, the term "contractor" means—
(1) a person that performs safety-sensitive functions by contract for an air carrier or commercial operator; or
(2) a person that performs safety-sensitive functions related to the design or production of an aircraft, aircraft engine, propeller, appliance, or component
thereof by contract for a holder of a certificate issued under section 44704.
(Added Pub. L. 106–181, title V, §519(a), Apr. 5, 2000, 114 Stat. 145; amended Pub. L. 116–260, div. V, title I, §118, Dec. 27, 2020, 134 Stat. 2337.)
Editorial Notes

Amendments
2020—Subsec. (a). Pub. L. 116–260, §118(1), added subsec. (a) and struck out former subsec. (a) which related to discrimination against
airline employees.
Subsec. (d). Pub. L. 116–260, §118(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows:
"Subsection (a) shall not apply with respect to an employee of an air carrier, contractor, or subcontractor who, acting without direction from
such air carrier, contractor, or subcontractor (or such person's agent), deliberately causes a violation of any requirement relating to air carrier
safety under this subtitle or any other law of the United States."
Subsec. (e). Pub. L. 116–260, §118(3), added subsec. (e) and struck out former subsec. (e) which defined the term "contractor" as a company
that performs safety-sensitive functions by contract for an air carrier.
Statutory Notes and Related Subsidiaries

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

CHAPTER 423—PASSENGER AIR SERVICE IMPROVEMENTS
Sec.

42301.
42302.
42303.
42304.

Emergency contingency plans.
Consumer complaints.
Use of insecticides in passenger aircraft.
Widespread disruptions.
Editorial Notes

Amendments
2018—Pub. L. 115–254, div. B, title IV, §428(b), Oct. 5, 2018, 132 Stat. 3341, added item 42304.
Statutory Notes and Related Subsidiaries

Advisory Committee on Air Ambulance and Patient Billing
Pub. L. 115–254, div. B, title IV, §418, Oct. 5, 2018, 132 Stat. 3334, provided that:
"(a) In General.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation, in

consultation with the Secretary of Health and Human Services, shall establish an advisory committee for the purpose of reviewing options to
improve the disclosure of charges and fees for air medical services, better inform consumers of insurance options for such services, and
protect consumers from balance billing.
"(b) Composition of the Advisory Committee.—The advisory committee shall be composed of the following members:
"(1) The Secretary of Transportation, or the Secretary's designee.
"(2) The Secretary of Health and Human Services, or the Secretary's designee.
"(3) One representative, to be appointed by the Secretary of Transportation, of each of the following:
"(A) Each relevant Federal agency, as determined by the Secretary of Transportation.
"(B) State insurance regulators[.]
"(C) Health insurance providers.
"(D) Patient advocacy groups.
"(E) Consumer advocacy groups.
"(F) Physician[s] specializing in emergency, trauma, cardiac, or stroke.
"(4) Three representatives, to be appointed by the Secretary of Transportation, to represent the various segments of the air ambulance
industry.
"(5) Additional three representatives not covered under paragraphs (1) through (4), as determined necessary and appropriate by the
Secretary.
"(c) Consultation.—The advisory committee shall, as appropriate, consult with relevant experts and stakeholders not captured in
[subsection] (b) while conducting its review.
"(d) Recommendations.—The advisory committee shall make recommendations with respect to disclosure of charges and fees for air
ambulance services and insurance coverage, consumer protection and enforcement authorities of both the Department of Transportation and
State authorities, and the prevention of balance billing to consumers. The recommendations shall address, at a minimum—
"(1) the costs, benefits, practicability, and impact on all stakeholders of clearly distinguishing between charges for air transportation
services and charges for non-air transportation services in bills and invoices, including the costs, benefits, and practicability of—
"(A) developing cost-allocation methodologies to separate charges for air transportation services from charges for non-air
transportation services; and
"(B) formats for bills and invoices that clearly distinguish between charges for air transportation services and charges for non-air
transportation services;

"(2) options, best practices, and identified standards to prevent instances of balance billing such as improving network and contract
negotiation, dispute resolution between health insurance and air medical service providers, and explanation of insurance coverage and
subscription programs to consumers;
"(3) steps that can be taken by State legislatures, State insurance regulators, State attorneys general, and other State officials as
appropriate, consistent with current legal authorities regarding consumer protection;
"(4) recommendations made by the Comptroller General study, GAO–17–637, including what additional data from air ambulance
providers and other sources should be collected by the Department of Transportation to improve its understanding of the air ambulance
market and oversight of the air ambulance industry for the purposes of pursuing action related to unfair or deceptive practices or unfair
methods of competition, which may include—
"(A) cost data;
"(B) standard charges and payments received per transport;
"(C) whether the provider is part of a hospital-sponsored program, municipality-sponsored program, hospital-independent
partnership (hybrid) program, or independent program;
"(D) number of transports per base and helicopter;
"(E) market shares of air ambulance providers inclusive of any parent or holding companies;
"(F) any data indicating the extent of competition among air ambulance providers on the basis of price and service;
"(G) prices assessed to consumers and insurers for air transportation and any non-transportation services provided by air
ambulance providers; and
"(H) financial performance of air ambulance providers;
"(5) definitions of all applicable terms that are not defined in statute or regulations; and
"(6) other matters as determined necessary or appropriate.
"(e) Report.—Not later than 180 days after the date of the first meeting of the advisory committee, the advisory committee shall submit to
the Secretary of Transportation, the Secretary of Health and Human Services, and 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 containing the recommendations made under subsection (d).
"(f) Rulemaking.—Upon receipt of the report under subsection (e), the Secretary of Transportation shall consider the recommendations of the
advisory committee and issue regulations or other guidance as deemed necessary—
"(1) to require air ambulance providers to regularly report data to the Department of Transportation;
"(2) to increase transparency related to Department of Transportation actions related to consumer complaints; and
"(3) to provide other consumer protections for customers of air ambulance providers.
"(g) Elimination of Advisory Council on Transportation Statistics.—The Advisory Council on Transportation Statistics shall terminate on the
date of enactment of this Act [Oct. 5, 2018]."

Refunds for Other Fees That Are Not Honored by a Covered Air Carrier
Pub. L. 115–254, div. B, title IV, §421, Oct. 5, 2018, 132 Stat. 3337, provided that: "Not later than 1 year after the date of enactment of this Act
[Oct. 5, 2018], the Secretary of Transportation shall promulgate regulations that require each covered air carrier to promptly provide a refund
to a passenger of any ancillary fees paid for services related to air travel that the passenger does not receive, including on the passenger's
scheduled flight, on a subsequent replacement itinerary if there has been a rescheduling, or for a flight not taken by the passenger."
[For definition of "covered air carrier" as used in section 421 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Advance Boarding During Pregnancy
Pub. L. 115–254, div. B, title IV, §422, Oct. 5, 2018, 132 Stat. 3337, provided that: "Not later than 180 days after the date of enactment of this
Act [Oct. 5, 2018], the Secretary of Transportation shall review air carrier policies regarding traveling during pregnancy and, if appropriate, may
revise regulations, as the Secretary considers necessary, to require an air carrier to offer advance boarding of an aircraft to a pregnant
passenger who requests such assistance."

TICKETS Act
Pub. L. 115–254, div. B, title IV, §425, Oct. 5, 2018, 132 Stat. 3338, provided that:
"(a) Short Title.—This section may be cited as the 'Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of

2018' or the 'TICKETS Act'.
"(b) Boarded Passengers.—Beginning on the date of enactment of this Act [Oct. 5, 2018], a covered air carrier may not deny a revenue
passenger traveling on a confirmed reservation permission to board, or involuntarily remove that passenger from the aircraft, once a revenue
passenger has—
"(1) checked in for the flight prior to the check-in deadline; and
"(2) had their ticket or boarding pass collected or electronically scanned and accepted by the gate agent.
"(c) Limitations.—The prohibition pursuant to subsection (b) shall not apply when—
"(1) there is a safety, security, or health risk with respect to that revenue passenger or there is a safety or security issue requiring
removal of a revenue passenger; or
"(2) the revenue passenger is engaging in behavior that is obscene, disruptive, or otherwise unlawful.
"(d) Rule of Construction.—Nothing in this section may be construed to limit or otherwise affect the responsibility or authority of a pilot in
command of an aircraft under section 121.533 of title 14, Code of Federal Regulations, or limit any penalty under section 46504 of title 49, United
States Code.
"(e) Involuntary [sic] Denied Boarding Compensation.—Not later than 60 days after the date of enactment of this Act, the Secretary of
Transportation shall issue a final rule to revise part 250 of title 14, Code of Federal Regulations, to clarify that—
"(1) there is not a maximum level of compensation an air carrier or foreign air carrier may pay to a passenger who is involuntarily denied
boarding as the result of an oversold flight;
"(2) the compensation levels set forth in that part are the minimum levels of compensation an air carrier or foreign air carrier must pay to
a passenger who is involuntarily denied boarding as the result of an oversold flight; and
"(3) an air carrier or foreign air carrier must proactively offer to pay compensation to a passenger who is voluntarily or involuntarily
denied boarding on an oversold flight, rather than waiting until the passenger requests the compensation.
"(f) GAO Report on Oversales.—
"(1) In general.—The Comptroller General of the United States shall review airline policies and practices related to oversales of flights.
"(2) Considerations.—In conducting the review under paragraph (1), the Comptroller General shall examine—
"(A) the impact on passengers as a result of an oversale, including increasing or decreasing the costs of passenger air
transportation;
"(B) economic and operational factors which result in oversales;
"(C) whether, and if so how, the incidence of oversales varies depending on markets;
"(D) potential consequences on the limiting of oversales; and
"(E) best practices on how oversale policies can be communicated to passengers at airline check-in desks and airport gates.
"(3) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General 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 review under paragraph (2).
"(g) Gate Notice of Policies.—The Secretary may provide guidance on how these policies should be communicated at covered air carrier
check-in desks and airport gates."
[For definition of "covered air carrier" as used in section 425 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Consumer Protection Requirements Relating to Large Ticket Agents
Pub. L. 115–254, div. B, title IV, §427, Oct. 5, 2018, 132 Stat. 3340, provided that:
"(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall issue a

final rule to require large ticket agents to adopt minimum customer service standards.

"(b) Purpose.—The purpose of the final rule shall be to ensure that, to the extent feasible, there is a consistent level of consumer protection
regardless of where consumers purchase air fares and related air transportation services.
"(c) Standards.—In issuing the final rule, the Secretary shall consider, to the extent feasible, establishing standards consistent with all
customer service and disclosure requirements applicable to covered air carriers under this title [see Tables for classification] and associated
regulations.
"(d) Definitions.—In this section, the following definitions apply:
"(1) Ticket agent.—
"(A) In general.—Subject to subparagraph (B), the term 'ticket agent' has the meaning given that term in section 40102(a) of title 49,
United States Code.
"(B) Inclusion.—The term 'ticket agent' includes a person who acts as an intermediary involved in the sale of air transportation
directly or indirectly to consumers, including by operating an electronic airline information system, if the person—
"(i) holds the person out as a source of information about, or reservations for, the air transportation industry; and
"(ii) receives compensation in any way related to the sale of air transportation.
"(2) Large ticket agent.—The term 'large ticket agent' means a ticket agent with annual revenues of $100,000,000 or more.
"(e) Enforcement.—No large ticket agent may be found in noncompliance of any standard or requirement adopted in the final rule required
by this section if—
"(1) the large ticket agent is unable to meet the new standard or requirement due to the lack of information or data from the covered air
carrier and the information is required for the large ticket agent to comply with such standard or requirement; or
"(2) the sale of air transportation is made by a large ticket agent pursuant to a specific corporate or government fare management
contract."
[For definition of "covered air carrier" as used in section 427 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Passenger Rights
Pub. L. 115–254, div. B, title IV, §429, Oct. 5, 2018, 132 Stat. 3341, provided that:
"(a) Guidelines.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall require

each covered air carrier to submit a summarized 1-page document that describes the rights of passengers in air transportation, including
guidelines for the following:
"(1) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight delays of various lengths.
"(2) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight diversions.
"(3) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight cancellations.
"(4) Compensation for mishandled baggage, including delayed, damaged, pilfered, or lost baggage.
"(5) Voluntary relinquishment of a ticketed seat due to overbooking or priority of other passengers.
"(6) Involuntary denial of boarding and forced removal for whatever reason, including for safety and security reasons.
"(b) Filing of Summarized Guidelines.—Not later than 90 days after each air carrier submits its guidelines to the Secretary under subsection
(a), the air carrier shall make available such 1-page document in a prominent location on its website."
[For definition of "covered air carrier" as used in section 429 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Minimum Dimensions for Passenger Seats
Pub. L. 115–254, div. B, title V, §577, Oct. 5, 2018, 132 Stat. 3394, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and after providing notice and an opportunity for

comment, the Administrator of the Federal Aviation Administration shall issue regulations that establish minimum dimensions for passenger
seats on aircraft operated by air carriers in interstate air transportation or intrastate air transportation, including minimums for seat pitch, width,
and length, and that are necessary for the safety of passengers.
"(b) Definitions.—The definitions contained in section 40102(a) of title 49, United States Code, apply to this section."

Family Seating
Pub. L. 114–190, title II, §2309, July 15, 2016, 130 Stat. 648, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall review

and, if appropriate, establish a policy directing all air carriers providing scheduled passenger interstate or intrastate air transportation to
establish policies that enable a child, who is age 13 or under on the date an applicable flight is scheduled to occur, to be seated in a seat
adjacent to the seat of an accompanying family member over the age of 13, to the maximum extent practicable and at no additional cost,
except when assignment to an adjacent seat would require an upgrade to another cabin class or a seat with extra legroom or seat pitch for
which additional payment is normally required.
"(b) Effect on Airline Boarding and Seating Policies.—When considering any new policy under this section, the Secretary shall consider the
traditional seating and boarding policies of air carriers providing scheduled passenger interstate or intrastate air transportation and whether
those policies generally allow families to sit together.
"(c) Statutory Construction.—Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the
Secretary to impose a significant change in the overall seating or boarding policy of an air carrier providing scheduled passenger interstate or
intrastate air transportation that has an open or flexible seating policy in place that generally allows adjacent family seating as described in
subsection (a)."

Establishment of Advisory Committee for Aviation Consumer Protection
Pub. L. 112–95, title IV, §411, Feb. 14, 2012, 126 Stat. 88, as amended by Pub. L. 114–55, title I, §102(i), Sept. 30, 2015, 129 Stat. 523; Pub. L.
114–141, title I, §102(g), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(j), July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §102(i),
Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §102(g), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title IV, §415, Oct. 5,
2018, 132 Stat. 3333, provided that:
"(a) In General.—The Secretary of Transportation shall establish an advisory committee for aviation consumer protection to advise the

Secretary in carrying out activities relating to airline customer service improvements.
"(b) Membership.—The Secretary shall appoint the members of the advisory committee, which shall be comprised of one representative
each of—
"(1) air carriers;
"(2) airport operators;
"(3) State or local governments with expertise in consumer protection matters; and
"(4) nonprofit public interest groups with expertise in consumer protection matters.
"(c) Vacancies.—A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.
"(d) Travel Expenses.—Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
"(e) Chairperson.—The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as
chairperson of the advisory committee.
"(f) Duties.—The duties of the advisory committee shall include—
"(1) evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs,
if needed; and
"(2) providing recommendations for establishing additional aviation consumer protection programs, if needed.
"(g) Report to Congress.—Not later than February 1 of each of the first 2 calendar years beginning after the date of enactment of this Act
[Feb. 14, 2012], the Secretary shall transmit to Congress a report containing—
"(1) the recommendations made by the advisory committee during the preceding calendar year; and
"(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the
Secretary's reason for not implementing the recommendation.
"(h) Termination.—The advisory committee established under this section shall terminate on September 30, 2023."

Disclosure of Seat Dimensions To Facilitate the Use of Child Safety Seats on Aircraft
Pub. L. 112–95, title IV, §412, Feb. 14, 2012, 126 Stat. 89, provided that: "Not later than 1 year after the date of enactment of this Act [Feb. 14,
2012], the Administrator of the Federal Aviation Administration shall initiate a rulemaking to require each air carrier operating under part 121 of
title 14, Code of Federal Regulations, to post on the Internet Web site of the air carrier the maximum dimensions of a child safety seat that can
be used on each aircraft operated by the air carrier to enable passengers to determine which child safety seats can be used on those aircraft."

§42301. Emergency contingency plans
(a) Submission of Air Carrier and Airport Plans.—Not later than 90 days after the date of enactment of this section, each of the following air carriers and
airport operators shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of
this section:
(1) An air carrier providing covered air transportation at a commercial airport.
(2) An operator of a commercial airport.
(3) An operator of an airport used by an air carrier described in paragraph (1) for diversions.
(b) Air Carrier Plans.—
(1) Plans for individual airports.—An air carrier shall submit an emergency contingency plan under subsection (a) for—
(A) each airport at which the carrier provides covered air transportation; and
(B) each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control.
(2) Contents.—An emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the carrier
will—
(A) provide adequate food, potable water, restroom facilities, comfortable cabin temperatures, and access to medical treatment for passengers onboard
an aircraft at the airport when the departure of a flight is delayed or the disembarkation of passengers is delayed;
(B) share facilities and make gates available at the airport in an emergency; and
(C) allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3).
(3) Deplaning following an excessive tarmac delay.—For purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier
under subsection (a) shall incorporate the following requirements:
(A) A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.
(B) The option described in subparagraph (A) shall be offered to a passenger even if a flight in covered air transportation is diverted to a commercial
airport other than the originally scheduled airport.
(C) In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—
(i) in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft door is closed in preparation for departure; and
(ii) in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft door is closed in preparation for departure.
(D) Notwithstanding the requirements described in subparagraphs (A), (B), and (C), a passenger shall not have an option to deplane an aircraft and return
to the airport terminal in the case of an excessive tarmac delay if—
(i) an air traffic controller with authority over the aircraft advises the pilot in command that permitting a passenger to deplane would significantly disrupt
airport operations; or
(ii) the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security.
(c) Airport Plans.—An emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the operator, to
the maximum extent practicable, will—
(1) provide for the deplanement of passengers following excessive tarmac delays;
(2) provide for the sharing of facilities and make gates available at the airport in an emergency; and

(3) provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection.
(d) Updates.—
(1) Air carriers.—An air carrier shall update each emergency contingency plan submitted by the carrier under subsection (a) every 3 years and submit the
update to the Secretary for review and approval.
(2) Airports.—An airport operator shall update each emergency contingency plan submitted by the operator under subsection (a) every 5 years and submit
the update to the Secretary for review and approval.
(e) Approval.—
(1) In general.—Not later than 60 days after the date of the receipt of an emergency contingency plan submitted under subsection (a) or an update
submitted under subsection (d), the Secretary shall review and approve or, if necessary, require modifications to the plan or update to ensure that the plan or
update will effectively address emergencies and provide for the health and safety of passengers.
(2) Failure to approve or require modifications.—If the Secretary fails to approve or require modifications to a plan or update under paragraph (1)
within the timeframe specified in that paragraph, the plan or update shall be deemed to be approved.
(3) Adherence required.—An air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this
section.
(f) Minimum Standards.—The Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan
required to be submitted under this section.
(g) Public Access.—An air carrier or airport operator required to submit an emergency contingency plan under this section shall ensure public access to the
plan after its approval under this section on the Internet Web site of the carrier or operator or by such other means as determined by the Secretary.
(h) Reports.—Not later than 30 days after any flight experiences an excessive tarmac delay, the air carrier responsible for such flight shall submit a written
description of the incident and its resolution to the Aviation Consumer Protection Division of the Department of Transportation.
(i) Definitions.—In this section, the following definitions apply:
(1) Commercial airport.—The term "commercial airport" means a large hub, medium hub, small hub, or nonhub airport.
(2) Covered air transportation.—The term "covered air transportation" means scheduled or public charter passenger air transportation provided by an
air carrier that operates an aircraft that as originally designed has a passenger capacity of 30 or more seats.
(3) Tarmac delay.—The term "tarmac delay" means the period during which passengers are on board an aircraft on the tarmac—
(A) awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the passengers have not been advised they are
free to deplane; or
(B) awaiting deplaning after the aircraft has landed.
(4) Excessive tarmac delay.—The term "excessive tarmac delay" means a tarmac delay of more than—
(A) 3 hours for a flight in interstate air transportation; or
(B) 4 hours for a flight in foreign air transportation.
(Added Pub. L. 112–95, title IV, §415(a), Feb. 14, 2012, 126 Stat. 93; amended Pub. L. 114–190, title II, §2308(a), (b), July 15, 2016, 130 Stat. 648.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14,
2012.

Amendments
2016—Subsec. (b)(3)(C). Pub. L. 114–190, §2308(a)(2), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(3)(D). Pub. L. 114–190, §2308(a)(1), (3), redesignated subpar. (C) as (D) and substituted "subparagraphs (A), (B), and (C)" for
"subparagraphs (A) and (B)" in introductory provisions.
Subsec. (i)(4). Pub. L. 114–190, §2308(b), amended par. (4) generally. Prior to amendment, text read as follows: "The term 'excessive tarmac
delay' means a tarmac delay that lasts for a length of time, as determined by the Secretary."
Statutory Notes and Related Subsidiaries

Effective Date
Pub. L. 112–95, title IV, §415(c), Feb. 14, 2012, 126 Stat. 96, provided that: "Except as otherwise provided, the requirements of chapter 423 of
title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act [Feb. 14, 2012]."

Regulations
Pub. L. 114–190, title II, §2308(c), July 15, 2016, 130 Stat. 648, provided that: "Not later than 90 days after the date of enactment of this section
[July 15, 2016], the Secretary of Transportation shall issue regulations and take other actions necessary to carry out the amendments made by
this section [amending this section]."

§42302. Consumer complaints
(a) In General.—The Secretary of Transportation shall establish a consumer complaints toll-free hotline telephone number for the use of passengers in air
transportation (including transportation by air ambulance (as defined by the Secretary of Transportation)) and shall take actions to notify the public of—
(1) that telephone number; and
(2) the Internet Web site of the Aviation Consumer Protection Division of the Department of Transportation.
(b) Notice to Passengers on the Internet.—An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally
designed has a passenger capacity of 30 or more passenger seats shall include on the Internet Web site of the carrier—
(1) the hotline telephone number established under subsection (a);
(2) the e-mail address, telephone number, and mailing address of the air carrier for the submission of complaints by passengers about air travel service
problems; and
(3) the Internet Web site and mailing address of the Aviation Consumer Protection Division of the Department of Transportation for the submission of
complaints by passengers about air travel service problems.
(c) Notice to Passengers on Boarding Documentation.—Each air carrier and foreign air carrier shall include the hotline telephone number established
under subsection (a) on—
(1) prominently displayed signs of the carrier at the airport ticket counters in the United States where the carrier operates; and
(2) any electronic confirmation of the purchase of a passenger ticket for air transportation issued by the carrier.
(d) Use of New Technologies.—The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies
to provide new means for air passengers to communicate complaints in addition to the telephone number established under subsection (a) and shall provide
such new means as the Secretary determines appropriate.
(e) Air Ambulance Providers.—Each air ambulance provider shall include the hotline telephone number, link to the Internet website established under
subsection (a), and contact information for the Aviation Consumer Advocate established under section 425 1 on—
(1) any invoice, bill, or other communication provided to a passenger or customer of the provider; and
(2) its Internet Web site, and any related mobile device application.
(Added Pub. L. 112–95, title IV, §415(a), Feb. 14, 2012, 126 Stat. 95; amended Pub. L. 115–254, div. B, title IV, §§405, 419(a), 423(a), Oct. 5, 2018, 132 Stat.
3329, 3336, 3337.)

Editorial Notes

References in Text
Section 425, referred to in subsec. (e), is probably a reference to section 425 of Pub. L. 115–254 but should be a reference to section 424 of
Pub. L. 115–254, which is set out as a note below and relates to the establishment of an Aviation Consumer Advocate. There is no section 425 of
this title, and section 425 of Pub. L. 115–254, which is set out as a note preceding section 42301 of this title, relates to prohibition of denial of
boarding for certain revenue passengers.

Amendments
2018—Subsec. (a). Pub. L. 115–254, §419(a)(1), inserted "(including transportation by air ambulance (as defined by the Secretary of
Transportation))" after "air transportation" in introductory provisions.
Subsec. (c). Pub. L. 115–254, §423(a)(1), substituted "Each air carrier and foreign air carrier" for "An air carrier or foreign air carrier providing
scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats" in
introductory provisions.
Subsec. (c)(1). Pub. L. 115–254, §423(a)(2), substituted "carrier operates" for "air carrier operates".
Subsec. (c)(2). Pub. L. 115–254, §423(a)(3), substituted "carrier" for "air carrier".
Subsec. (d). Pub. L. 115–254, §405, added subsec. (d).
Subsec. (e). Pub. L. 115–254, §419(a)(2), added subsec. (e).
Statutory Notes and Related Subsidiaries

Effective Date
Requirements of this section to begin to apply 60 days after Feb. 14, 2012, except as otherwise provided, see section 415(c) of Pub. L. 112–

95, set out as a note under section 42301 of this title.

Rulemaking
Pub. L. 115–254, div. B, title IV, §423(b), Oct. 5, 2018, 132 Stat. 3337, provided that: "Not later than 1 year after the date of enactment of this
Act [Oct. 5, 2018], the Secretary of Transportation shall promulgate regulations to implement the requirements of section 42302 of title 49, United
States Code, as amended by this Act."

Aviation Consumer Advocate
Pub. L. 115–254, div. B, title IV, §424, Oct. 5, 2018, 132 Stat. 3337, provided that:
"(a) In General.—The Secretary of Transportation shall review aviation consumer complaints received that allege a violation of law and, as

appropriate, pursue enforcement or corrective actions that would be in the public interest.
"(b) Considerations.—In considering which cases to pursue for enforcement or corrective action under subsection (a), the Secretary shall
consider—
"(1) the Air Carrier Access Act of 1986 (Public Law 99–435; 100 Stat. 1080);
"(2) unfair and deceptive practices by air carriers (including air ambulance operators), foreign air carriers, and ticket agents;
"(3) the terms and conditions agreed to between passengers and air carriers (including air ambulance operators), foreign air carriers, or
ticket agents;
"(4) aviation consumer protection and tarmac delay contingency planning requirements for both airports and airlines;
"(5) protection of air ambulance consumers; and
"(6) any other applicable law.

"(c) Aviation Consumer Advocate.—
"(1) In general.—Within the Aviation Consumer Protection Division of the Department of Transportation, there shall be an Aviation
Consumer Advocate.
"(2) Functions.—The Aviation Consumer Advocate shall—
"(A) assist consumers in resolving carrier service complaints filed with the Aviation Consumer Protection Division;
"(B) review the resolution by the Department of Transportation of carrier service complaints;
"(C) identify and recommend actions the Department can take to improve the enforcement of aviation consumer protection rules,
protection of air ambulance consumers, and resolution of carrier service complaints; and
"(D) identify and recommend regulations and policies that can be amended to more effectively resolve carrier service complaints.
"(d) Annual Reports.—The Secretary, through the Aviation Consumer Advocate, 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] an annual report summarizing the following:
"(1) The total number of annual complaints received by the Department, including the number of complaints by the name of each air
carrier and foreign air carrier.
"(2) The total number of annual complaints by category of complaint.
"(3) The number of complaints referred in the preceding year for enforcement or corrective action by the Department.
"(4) Any recommendations under paragraphs (2)(C) and (2)(D) of subsection (c).
"(5) Such other data as the Aviation Consumer Advocate considers appropriate.
"(e) Sunset on Reporting Requirement.—The reporting requirement of subsection (d) shall terminate on September 30, 2023."
[For definition of "ticket agent" as used in section 424 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a
Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

DOT Airline Consumer Complaint Investigations
Pub. L. 112–95, title IV, §408, Feb. 14, 2012, 126 Stat. 87, provided that: "The Secretary of Transportation may investigate consumer
complaints regarding—
"(1) flight cancellations;
"(2) compliance with Federal regulations concerning overbooking seats on flights;
"(3) lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;
"(4) problems in obtaining refunds for unused or lost tickets or fare adjustments;
"(5) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;
"(6) the rights of passengers who hold frequent flyer miles or equivalent redeemable awards earned through customer-loyalty programs;
and
"(7) deceptive or misleading advertising."
1 See References in Text note below.

§42303. Use of insecticides in passenger aircraft
(a) Information To Be Provided on the Internet.—The Secretary of Transportation shall establish, and make available to the general public, an Internet
Web site that contains a listing of countries that may require an air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to a
flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with
passengers.
(b) Required Disclosures.—An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a
country listed on the internet website established under subsection (a) shall—

(1) disclose, on its own internet website or through other means, that the destination country may require the air carrier or foreign air carrier to treat an
aircraft passenger cabin with insecticides prior to the flight or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is
occupied with passengers; and
(2) refer the purchaser of the ticket to the internet website established under subsection (a) for additional information.
(Added Pub. L. 112–95, title IV, §415(a), Feb. 14, 2012, 126 Stat. 95; amended Pub. L. 115–254, div. B, title IV, §404, Oct. 5, 2018, 132 Stat. 3329.)
Editorial Notes

Amendments
2018—Subsec. (b). Pub. L. 115–254 amended subsec. (b) generally. Prior to amendment, text read as follows: "An air carrier, foreign air
carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the Internet Web site
established under subsection (a) shall refer the purchaser of the ticket to the Internet Web site established under subsection (a) for additional
information."
Statutory Notes and Related Subsidiaries

Effective Date
Requirements of this section to begin to apply 60 days after Feb. 14, 2012, except as otherwise provided, see section 415(c) of Pub. L. 112–

95, set out as a note under section 42301 of this title.

§42304. Widespread disruptions
(a) General Requirements.—In the event of a widespread disruption, a covered air carrier shall immediately publish, via a prominent link on the air carrier's
public internet website, a clear statement indicating whether, with respect to a passenger of the air carrier whose travel is interrupted as a result of the
widespread disruption, the air carrier will—
(1) provide for hotel accommodations;
(2) arrange for ground transportation;
(3) provide meal vouchers;
(4) arrange for air transportation on another air carrier or foreign air carrier to the passenger's destination; and
(5) provide for sleeping facilities inside the airport terminal.
(b) Definitions.—In this section, the following definitions apply:
(1) Widespread disruption.—The term "widespread disruption" means, with respect to a covered air carrier, the interruption of all or the overwhelming
majority of the air carrier's systemwide flight operations, including flight delays and cancellations, as the result of the failure of 1 or more computer systems or
computer networks of the air carrier.
(2) Covered air carrier.—The term "covered air carrier" means an air carrier that provides scheduled passenger air transportation by operating an aircraft
that as originally designed has a passenger capacity of 30 or more seats.
(c) Savings Provision.—Nothing in this section may be construed to modify, abridge, or repeal any obligation of an air carrier under section 42301.
(Added Pub. L. 115–254, div. B, title IV, §428(a), Oct. 5, 2018, 132 Stat. 3341.)

subpart iii—safety

CHAPTER 441—REGISTRATION AND RECORDATION OF AIRCRAFT

Sec.

44101.
44102.
44103.
44104.
44105.
44106.
44107.
44108.
44109.
44110.
44111.
44112.
44113.

Operation of aircraft.
Registration requirements.
Registration of aircraft.
Registration of aircraft components and dealers' certificates of registration.
Suspension and revocation of aircraft certificates.
Revocation of aircraft certificates for controlled substance violations.
Recordation of conveyances, leases, and security instruments.
Validity of conveyances, leases, and security instruments.
Reporting transfer of ownership.
Information about aircraft ownership and rights.
Modifications in registration and recordation system for aircraft not providing air transportation.
Limitation of liability.
Definitions.
Editorial Notes

Amendments
2004—Pub. L. 108–297, §6(b), Aug. 9, 2004, 118 Stat. 1097, added item 44113.

§44101. Operation of aircraft
(a) Registration Requirement.—Except as provided in subsection (b) of this section, a person may operate an aircraft only when the aircraft is registered
under section 44103 of this title.
(b) Exceptions.—A person may operate an aircraft in the United States that is not registered—
(1) when authorized under section 40103(d) or 41703 of this title;
(2) when it is an aircraft of the national defense forces of the United States and is identified in a way satisfactory to the Administrator of the Federal Aviation
Administration; and
(3) for a reasonable period of time after a transfer of ownership, under regulations prescribed by the Administrator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)
Historical and Revision Notes
Revised
Section
44101(a)
44101(b)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1401(a) (1st sentence words Aug. 23, 1958, Pub. L. 85–726, §501(a), 72
before proviso less words between
Stat. 771.
parentheses).
49 App.:1401(a) (1st sentence words
between parentheses, proviso, last
sentence).
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.

In this section, the word "navigate" is omitted as being included in the definition of "operate aircraft" in section 40102(a) of the revised title.

In subsection (a), the words "Except as provided in subsection (b) of this section" are added for clarity. The words "a person may . . . an
aircraft only when the aircraft is registered under section 44103 of this title" are substituted for "It shall be unlawful . . . any aircraft eligible for
registration if such aircraft is not registered by its owner as provided in this section, or . . . any aircraft not eligible for registration" for clarity and
to eliminate unnecessary words.
In subsection (b), before clause (1), the words "A person may operate an aircraft in the United States that is not registered" are substituted
for "may be operated and navigated without being so registered" and "may . . . permit the operation and navigation of aircraft without
registration" for clarity. In clause (2), the words "identified in a way" are substituted for "identified, by the agency having jurisdiction over them,
in a manner" to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment
Pub. L. 108–297, §7, Aug. 9, 2004, 118 Stat. 1097, provided that: "This Act [see Short Title of 2004 Amendment note set out under section 40101
of this title], including any amendments made by this Act, shall take effect on the date the Cape Town Treaty (as defined in section 44113 of title
49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made
before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation." [The Cape Town Treaty

entered into force with respect to the United States on Mar. 1, 2006. See 71 F.R. 8457.]

Regulations
Pub. L. 108–297, §4, Aug. 9, 2004, 118 Stat. 1096, provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration shall issue regulations necessary to carry out this Act [see Short
Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act.
"(b) Contents of Regulations.—Regulations to be issued under this Act shall specify, at a minimum, the requirements for—

"(1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and
"(2) the cancellation of registration of a civil aircraft of the United States based on a request made in accordance with the Cape Town
Treaty.
"(c) Expedited Rulemaking Process.—
"(1) Final rule.—The Administrator shall issue regulations under this section by publishing a final rule by December 31, 2004.
"(2) Effective date.—The final rule shall not be effective before the date the Cape Town Treaty enters into force with respect to the
United States [Mar. 1, 2006, see Effective Date of 2004 Amendment note above].
"(3) Economic analysis.—The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final
rule.
"(d) Applicability of Treaty.—Notwithstanding parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal Regulations, Articles
IX(5) and XIII of the Cape Town Treaty shall apply to the matters described in subsection (b) until the earlier of the effective date of the final
rule under this section or December 31, 2004."

Cape Town Treaty; Findings and Purpose
Pub. L. 108–297, §2, Aug. 9, 2004, 118 Stat. 1095, provided that:
"(a) Findings.—Congress finds the following:
"(1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale,

finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice.
"(2) The Cape Town Treaty provides for internationally established and recognized financing and leasing rights that will provide greater
security and commercial predictability in connection with the financing and leasing of highly mobile assets, such as aircraft and aircraft
engines.

"(3) The legal and financing framework of the Cape Town Treaty will provide substantial economic benefits to the aviation and
aerospace sectors, including the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world.
"(4) Only technical changes to United States law and regulations are required since the asset-based financing and leasing concepts
embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code.
"(5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document
recordation systems of the Federal Aviation Administration, which have served United States industry well.
"(6) The United States Government was a leader in the development of the Cape Town Treaty.
"(b) Purpose.—Accordingly, the purpose of this Act [see Short Title of 2004 Amendment note set out under section 40101 of this title] is to
provide for the implementation of the Cape Town Treaty in the United States by making certain technical amendments to the provisions of
chapter 441 of title 49, United States Code, directing the Federal Aviation Administration to complete the necessary rulemaking processes as
expeditiously as possible, and clarifying the applicability of the Treaty during the rulemaking process."

§44102. Registration requirements
(a) Eligibility.—An aircraft may be registered under section 44103 of this title only when the aircraft is—
(1) not registered under the laws of a foreign country and is owned by—
(A) a citizen of the United States;
(B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or
(C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State,
and the aircraft is based and primarily used in the United States; or
(2) an aircraft of—
(A) the United States Government; or
(B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.
(b) Duty To Define Certain Term.—In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define "based and primarily
used in the United States".
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)
Historical and Revision Notes
Revised
Section
44102(a)(1)

44102(a)(2)
44102(b)

Source (U.S. Code)
49 App.:1401(b) (1st sentence cl.
(1)).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §501(b), 72
Stat. 772; restated Nov. 9, 1977, Pub. L.
95–163, §14, 91 Stat. 1283; Mar. 8, 1978,
Pub. L. 95–241, 92 Stat. 119.

49 App.:1401(b) (1st sentence cl.
(2)).
49 App.:1401(b) (last sentence).

In subsection (a), before clause (1), the words "may be registered" are substituted for "shall be eligible for registration", and the words
"under section 44103 of this title" are added, for clarity. The words "only when" are substituted for "if, but only if" for consistency. In subclause (C),
the words "not a citizen of the United States" are substituted for "(other than a corporation which is a citizen of the United States)" to eliminate
unnecessary words. The word "lawfully" is omitted as surplus.

In subsection (b), the words "In carrying out subsection (a)(1)(C) of this section" are added because of the restatement. The words "by
regulation" are omitted as unnecessary because of 49:322(a).

§44103. Registration of aircraft
(a) General.—(1) On application of the owner of an aircraft that meets the requirements of section 44102 of this title, the Administrator of the Federal Aviation
Administration shall—
(A) register the aircraft; and
(B) issue a certificate of registration to its owner.
(2) The Administrator may prescribe the extent to which an aircraft owned by the holder of a dealer's certificate of registration issued under section 44104(2) of
this title also is registered under this section.
(b) Controlled Substance Violations.—(1) The Administrator may not issue an owner's certificate of registration under subsection (a)(1) of this section to
a person whose certificate is revoked under section 44106 of this title during the 5-year period beginning on the date of the revocation, except—
(A) as provided in section 44106(e)(2) of this title; or
(B) that the Administrator may issue the certificate to the person after the one-year period beginning on the date of the revocation if the Administrator
decides that the aircraft otherwise meets the requirements of section 44102 of this title and that denial of a certificate for the 5-year period—
(i) would be excessive considering the nature of the offense or the act committed and the burden the denial places on the person; or
(ii) would not be in the public interest.
(2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of this subsection is within the discretion of the Administrator. That decision or failure to
make a decision is not subject to administrative or judicial review.
(c) Certificates as Evidence.—A certificate of registration issued under this section is—
(1) conclusive evidence of the nationality of an aircraft for international purposes, but not conclusive evidence in a proceeding under the laws of the United
States; and
(2) not evidence of ownership of an aircraft in a proceeding in which ownership is or may be in issue.
(d) Certificates Available for Inspection.—An operator of an aircraft shall make available for inspection a certificate of registration for the aircraft when
requested by a United States Government, State, or local law enforcement officer.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)
Historical and Revision Notes
Revised
Section
44103(a)(1)

49 App.:1401(c), (d).

49 App.:1655(c)(1).

44103(a)(2)

44103(b)

49 App.:1405 (2d sentence).
49 App.:1655(c)(1).
49 App.:1401(e)(2)(D), (E).

44103(c)

49 App.:1401(f).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§501(c), (d),
(f), 505 (2d sentence), 72 Stat. 772, 774.
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.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§501(e)(2)(D), (E); added Oct. 19, 1984,
Pub. L. 98–499, §4(a), 98 Stat. 2315.

44103(d)

49 App.:1401(g).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§501(g); added Oct. 27, 1986, Pub. L. 99–
570, §3401(a)(2), 100 Stat. 3207–99.

In subsection (a)(1), the words "On application" are substituted for "upon request", and the words "meets the requirements of section 44102 of
this title" are substituted for "eligible for registration", for consistency in this subchapter. The text of 49 App.:1401(d) is omitted as unnecessary

because of 49:322(a).
In subsection (b)(1)(B), before subclause (i), the words "after the one-year period beginning on the date of the revocation" are substituted for
"before the end of such five-year period (but not before the end of the one-year period beginning on the date of such revocation)" for clarity
and to eliminate unnecessary words. The words "otherwise meets the requirements of section 44102 of this title" are substituted for "is otherwise
eligible for registration under this section" because of the restatement. The words "denial of a certificate" are substituted for "revocation of the
certificate" for clarity.
In subsection (c), before clause (1), the words "A certificate of registration" are substituted for "Registration" for clarity. In clause (2), the
words "by a particular person" are omitted as surplus.
Statutory Notes and Related Subsidiaries

Aircraft Registration
Pub. L. 115–254, div. B, title V, §556, Oct. 5, 2018, 132 Stat. 3383, 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 initiate a rulemaking to increase the duration of aircraft registrations for noncommercial general aviation aircraft to 7
years.
"(b) Considerations.—In promulgating the notice of proposed rulemaking described in subsection (a), the Administrator may consider any
events, circumstances, changes in any ownership entity or structure, or other condition that would necessitate renewal prior to the expiration
of an aircraft registration."

Right to Privacy When Using Air Traffic Control System
Pub. L. 115–254, div. B, title V, §566, Oct. 5, 2018, 132 Stat. 3385, provided that: "Notwithstanding any other provision of law, the Administrator
[of the Federal Aviation Administration] shall, upon request of a private aircraft owner or operator, block the registration number of the aircraft
of the owner or operator from any public dissemination or display, except in data made available to a Government agency, for the
noncommercial flights of the owner or operator."

Aircraft Situational Display Data
Pub. L. 106–181, title VII, §729, Apr. 5, 2000, 114 Stat. 168, provided that:
"(a) In General.—A memorandum of agreement between the Administrator [of the Federal Aviation Administration] and any person that

directly obtains aircraft situational display data from the Federal Aviation Administration shall require that—
"(1) the person demonstrate to the satisfaction of the Administrator that the person is capable of selectively blocking the display of any
aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and
"(2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon the Administration's
request.
"(b) Existing Memoranda To Be Conformed.—Not later than 30 days after the date of the enactment of this Act [Apr. 5, 2000], the
Administrator shall conform any memoranda of agreement, in effect on such date of enactment, between the Federal Aviation Administration
and a person under which that person obtains aircraft situational display data to incorporate the requirements of subsection (a)."

§44104. Registration of aircraft components and dealers' certificates of registration
The Administrator of the Federal Aviation Administration may prescribe regulations—
(1) in the interest of safety for registering and identifying an aircraft engine, propeller, or appliance; and
(2) in the public interest for issuing, suspending, and revoking a dealer's certificate of registration under this chapter and for its use by a person
manufacturing, distributing, or selling aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)
Historical and Revision Notes
Revised
Section
44104(1)

49 App.:1402.

49 App.:1655(c)(1).

44104(2)

49 App.:1405 (1st sentence).
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§502, 505
(1st sentence), 72 Stat. 772, 774.
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.

In this section, before clause (1), the words "prescribe regulations" are substituted for "establish reasonable rules and regulations" in 49
App.:1402 and "by such reasonable regulations" in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1), the words "and no aircraft
engine, propeller, or appliance shall be used in violation of any such rule or regulation" are omitted as surplus because of section 46301 of the
revised title. In clause (2), the words "in connection with" are omitted as surplus.

§44105. Suspension and revocation of aircraft certificates
The Administrator of the Federal Aviation Administration may suspend or revoke a certificate of registration issued under section 44103 of this title when the
aircraft no longer meets the requirements of section 44102 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)
Historical and Revision Notes
Revised
Section
44105

49 App.:1401(e)(1).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §501(e)(1),
72 Stat. 772; Oct. 19, 1984, Pub. L. 98–
499, §4(a), 98 Stat. 2314.
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.

The words "when the aircraft no longer meets" are substituted for "for any cause which renders the aircraft ineligible" for consistency.

§44106. Revocation of aircraft certificates for controlled substance violations

(a) Definition.—In this section, "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802).
(b) Revocations.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate of registration for an aircraft
issued to an owner under section 44103 of this title and any other certificate of registration that the owner of the aircraft holds under section 44103, if the
Administrator finds that—
(A) the aircraft was used to carry out, or facilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United
States or a State related to a controlled substance (except a law related to simple possession of a controlled substance); and
(B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this
paragraph.
(2) An aircraft owner that is not an individual is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used for the activity
described in paragraph (1)(A) of this subsection only if a majority of the individuals who control the owner of the aircraft or who are involved in forming the major
policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A).
(c) Advice to Holders and Opportunity To Answer.—Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator
shall—
(1) advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and
(2) provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked.
(d) Appeals.—(1) A person whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the
National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and a hearing on the record. In conducting the hearing,
the Board is not bound by the findings of fact of the Administrator.
(2) When a person files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the
Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph.
(3) A person substantially affected by an order of the Board under this subsection may seek judicial review of the order under section 46110 of this title. The
Administrator shall be made a party to that judicial proceeding.
(e) Acquittal.—(1) The Administrator may not revoke, and the Board may not affirm a revocation of, a certificate of registration under this section on the
basis of an activity described in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges related to a controlled substance in an
indictment or information arising from the activity.
(2) If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this
section, the Administrator shall reissue a certificate to the person if the person—
(A) subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and
(B) otherwise meets the requirements of section 44102 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)
Historical and Revision Notes
Revised
Section
44106(a)

44106(b)
44106(c)

Source (U.S. Code)
49 App.:1401(e)(2)(C).

49 App.:1401(e)(2)(A) (less last
sentence).
49 App.:1401(e)(2)(B) (1st

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§501(e)(2)(A)– (C), (F); added Oct. 19,
1984, Pub. L. 98–499, §4(a), 98 Stat.
2314, 2315.

44106(d)
44106(e)

sentence).
49 App.:1401(e)(2)(B) (2d–last
sentences).
49 App.:1401(e)(2)(A) (last
sentence), (F).

In subsection (b)(2), the words "knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection" are
substituted for "with knowledge of such intended use" for clarity.

§44107. Recordation of conveyances, leases, and security instruments
(a) Establishment of System.—The Administrator of the Federal Aviation Administration shall establish a system for recording—
(1) conveyances that affect an interest in civil aircraft of the United States;
(2) leases and instruments executed for security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in—
(A) a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent;
(B) a specifically identified aircraft propeller capable of absorbing at least 750 rated takeoff shaft horsepower;
(C) an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine, or propeller, by or for an air carrier holding a
certificate issued under section 44705 of this title; and
(D) spare parts maintained by or for an air carrier holding a certificate issued under section 44705 of this title; and
(3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2).
(b) General Description Required.—A lease or instrument recorded under subsection (a)(2)(C) or (D) of this section only has to describe generally the
engine, propeller, appliance, or spare part by type and designate its location.
(c) Acknowledgment.—Except as the Administrator otherwise may provide, a conveyance, lease, or instrument may be recorded under subsection (a) of this
section only after it has been acknowledged before—
(1) a notary public; or
(2) another officer authorized under the laws of the United States, a State, the District of Columbia, or a territory or possession of the United States to
acknowledge deeds.
(d) Records and Indexes.—The Administrator shall—
(1) keep a record of the time and date that each conveyance, lease, and instrument is filed and recorded with the Administrator; and
(2) record each conveyance, lease, and instrument filed with the Administrator, in the order of their receipt, and index them by—
(A) the identifying description of the aircraft, aircraft engine, or propeller, or location specified in a lease or instrument recorded under subsection (a)(2)(C)
or (D) of this section; and
(B) the names of the parties to each conveyance, lease, and instrument.
(e) International Registry.—
(1) Designation of united states entry point.—As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is
designated as the United States Entry Point to the International Registry relating to—
(A) civil aircraft of the United States;
(B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and
(C) aircraft engines.
(2) System for filing notice of prospective interests.—
(A) Establishment.—The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in,
and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty.

(B) Maintenance of validity.—A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the
International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents
eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day.
(3) Authorization for registration of aircraft.—A registration with the International Registry relating to an aircraft described in paragraph (1) (other
than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the
registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1164; Pub. L. 108–297, §3, Aug. 9, 2004, 118 Stat. 1096.)
Historical and Revision Notes
Revised
Section
44107(a)(1)

49 App.:1403(a)(1).

49 App.:1655(c)(1).

44107(a) (2)(A),
(B)

49 App.:1403(a)(2).

44107(a) (2)(C),
(D)

44107(c)

49 App.:1655(c)(1).
49 App.:1403(a)(3) (less words
between 13th comma and
semicolon).
49 App.:1655(c)(1).
49 App.:1403(b).
49 App.:1655(c)(1).
49 App.:1403(a)(3) (words between
13th comma and semicolon).
49 App.:1403(e).

44107(d)

49 App.:1655(c)(1).
49 App.:1403(f).

49 App.:1655(c)(1).

44107(a)(3)

44107(b)

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §503(a)(1),
(3), (b), 72 Stat. 772.
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.
Aug. 23, 1958, Pub. L. 85–726, §503(a)(2),
72 Stat. 772; restated July 8, 1959, Pub. L.
86–81, §1, 73 Stat. 180.

Aug. 23, 1958, Pub. L. 85–726, §503(e), 72
Stat. 773; restated June 30, 1964, Pub. L.
88–346, §2, 78 Stat. 236.
Aug. 23, 1958, Pub. L. 85–726, §503(f), 72
Stat. 773; July 8, 1959, Pub. L. 86–81, §4,
73 Stat. 181.

In subsection (a)(1) and (2), the words "title to" are omitted as being included in "interest in".
In subsection (a)(2), before subclause (A), the word "instruments" is substituted for "any mortgage, equipment trust . . . or other instrument"
because it is inclusive. The word "supplement" is omitted as being included in "amendments".
In subsection (a)(3), the words "The Secretary of Transportation shall also record under the system" are omitted as unnecessary because of
the restatement.
In subsections (a)(3) and (c), the words "lease, or instrument" are substituted for "other instrument" for clarity and consistency in this
subchapter.
In subsections (b) and (d), the words "or locations" are omitted because of 1:1.

In subsection (b), the words "recorded under subsection (a)(2)(C) or (D) of this section" are added for clarity. The words "lease or
instrument" are substituted for "instrument" for clarity and consistency in this subchapter.
In subsection (c), before clause (1), the words "by regulation" are omitted because of 49:322(a). In clause (2), the words "possession of the
United States" are substituted for "possession thereof" for clarity.
In subsection (d), the words "lease, and instrument" are substituted for "other instruments" for clarity and consistency in this subchapter. In
clause (1), the words "of the time and date of" before "recordation" are omitted as unnecessary because of the restatement. In clause (2),
before subclause (A), the words "in files to be kept for that purpose" are omitted as unnecessary. In subclause (A), the words "location
specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section" are substituted for "in the case of an instrument
referred to in subsection (a)(3) of this section, the location or locations specified therein" for clarity and consistency in this subchapter.
Editorial Notes

Amendments
2004—Subsec. (a)(2)(A). Pub. L. 108–297, §3(a)(1), substituted "550" for "750".
Subsec. (a)(3). Pub. L. 108–297, §3(a)(2), substituted "paragraph (1) or (2)" for "clause (1) or (2) of this subsection".
Subsec. (e). Pub. L. 108–297, §3(b), added subsec. (e).
Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date
under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under
section 44101 of this title.

§44108. Validity of conveyances, leases, and security instruments
(a) Validity Before Filing.—Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2)
of this title is filed for recording, the conveyance, lease, or instrument is valid only against—
(1) the person making the conveyance, lease, or instrument;
(2) that person's heirs and devisees; and
(3) a person having actual notice of the conveyance, lease, or instrument.
(b) Period of Validity.—When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid
from the date of filing against all persons, without other recordation, except that—
(1) a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a
lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and
(2) a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument.
(c) Applicable Laws.—(1) The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of
the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of
the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which
delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.
(2) This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town
Treaty, as applicable.

(d) Nonapplication.—This section does not apply to—
(1) a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or
(2) a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, §5, Aug. 9, 2004, 118 Stat. 1097.)
Historical and Revision Notes
Revised
Section
44108(a)

Source (U.S. Code)

44108(b)

49 App.:1403(c) (less words after
semicolon).
49 App.:1403(d).

44108(c)(1)

49 App.:1406.

44108(c)(2)

49 App.:1406 (note).

44108(d)

49 App.:1403(c) (words after
semicolon).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §503(c), 72
Stat. 773.
Aug. 23, 1958, Pub. L. 85–726, §503(d), 72
Stat. 773; July 8, 1959, Pub. L. 86–81, §3,
73 Stat. 181.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§506; added June 30, 1964, Pub. L. 88–
346, §1(a), 78 Stat. 236.
June 30, 1964, Pub. L. 88–346, §1(c), 78
Stat. 236.

In subsection (a), before clause (1), the words "conveyance, lease, or instrument executed for security purposes" are substituted for
"conveyance or instrument" for clarity and consistency in this subchapter. The words "in respect of such aircraft, aircraft engine or engines,
propellers, appliances, or spare parts" are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted
because of section 7(d) of this bill. In clause (1), the words "person making the conveyance, lease, or instrument" are substituted for "the
person by whom the conveyance or other instrument is made or given" to eliminate unnecessary words and for consistency in this subchapter.
In subsection (b), before clause (1), the words "When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from
the date of filing" are substituted for "Each conveyance or other instrument recorded by means of or under the system provided for in
subsection (a) or (b) of the section shall from the time of its filing for recordation" for clarity and consistency in this subchapter and to eliminate
unnecessary words. In clause (1), the words "is valid" are substituted for "Provided, That . . . shall not be affected" for consistency in this
subchapter. The words "or engines . . . or propellers" are omitted because of 1:1. In clause (2), the words "is valid" are substituted for "shall be
effective" for consistency in this subchapter. The words "for items at the location designated in the lease or instrument" are substituted for
"which may from time to time be situated at the designated location or locations and only while so situated" for clarity and to eliminate
unnecessary words.
In subsection (c)(1), the words "conveyance, lease, or" are added for consistency in this subchapter. The words "the conveyance, lease, or
instrument" are substituted for "therein", and the words "it is presumed" are substituted for "it shall constitute presumptive evidence", for clarity.
In subsection (d)(2), the words "lease or instrument" are substituted for "instrument" for clarity and consistency in this subchapter.
Editorial Notes

Amendments
2004—Subsec. (c)(2). Pub. L. 108–297 inserted "or the Cape Town Treaty, as applicable" before period at end.
Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date
under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under
section 44101 of this title.

§44109. Reporting transfer of ownership
(a) Filing Notices.—A person having an ownership interest in an aircraft for which a certificate of registration was issued under section 44103 of this title
shall file a notice with the Secretary of the Treasury that the Secretary requires by regulation, not later than 15 days after a sale, conditional sale, transfer, or
conveyance of the interest.
(b) Exemptions.—The Secretary—
(1) shall prescribe regulations that establish guidelines for exempting a person or class from subsection (a) of this section; and
(2) may exempt a person or class under the regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)
Historical and Revision Notes
Revised
Section
44109(a)

49 App.:1509(f).

44109(b)

49 App.:1509 (note).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1109(f); added Oct. 27, 1986, Pub. L. 99–
570, §3401(d)(1), 100 Stat. 3207–101.
Oct. 27, 1986, Pub. L. 99–570, §3401(d)(2),
100 Stat. 3207–102.

In subsection (a), the text of 49 App.:1509(f) (last sentence) is omitted as unnecessary.
In subsection (b)(1), the words "Within 30 days after the date of enactment of subsection (f) of section 1109 of the Federal Aviation Act of
1958 as added by this subsection" are omitted as obsolete.

§44110. Information about aircraft ownership and rights
The Administrator of the Federal Aviation Administration may provide by regulation for—
(1) endorsing information on each certificate of registration issued under section 44103 of this title and each certificate issued under section 44704 of this
title about ownership of the aircraft for which each certificate is issued; and
(2) recording transactions affecting an interest in, and for other records, proceedings, and details necessary to decide the rights of a party related to, a civil
aircraft of the United States, aircraft engine, propeller, appliance, or spare part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)
Historical and Revision Notes
Revised
Section
44110

49 App.:1403(g).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §503(g), 72
Stat. 774.
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.

In clause (1), the words "each certificate of registration issued under section 44103 of this title and each certificate issued under section 44704 of
this title" are substituted for "certificates of registration, or aircraft certificates" for clarity and because of the restatement.
In clause (2), the words "recording transactions" are substituted for "recording of discharges and satisfactions of recorded instruments, and
other transactions" to eliminate unnecessary words. The words "title to" are omitted as being included in "interest in". The words "to decide"
are substituted for "to facilitate the determination" to eliminate unnecessary words. The words "related to" are substituted for "dealing with" for
clarity. The word "spare" is added for consistency in this section.

§44111. Modifications in registration and recordation system for aircraft not providing air transportation
(a) Application.—This section applies only to aircraft not used to provide air transportation.
(b) Authority To Make Modifications.—The Administrator of the Federal Aviation Administration shall make modifications in the system for registering and
recording aircraft necessary to make the system more effective in serving the needs of—
(1) buyers and sellers of aircraft;
(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802)); and
(3) other users of the system.
(c) Nature of Modifications.—Modifications made under subsection (b) of this section—
(1) may include a system of titling aircraft or registering all aircraft, even aircraft not operated;
(2) shall ensure positive, verifiable, and timely identification of the true owner; and
(3) shall address at least each of the following deficiencies in and abuses of the existing system:
(A) the registration of aircraft to fictitious persons.
(B) the use of false or nonexistent addresses by persons registering aircraft.
(C) the use by a person registering an aircraft of a post office box or "mail drop" as a return address to evade identification of the person's address.
(D) the registration of aircraft to entities established to facilitate unlawful activities.
(E) the submission of names of individuals on applications for registration of aircraft that are not identifiable.
(F) the ability to make frequent legal changes in the registration markings assigned to aircraft.
(G) the use of false registration markings on aircraft.
(H) the illegal use of "reserved" registration markings on aircraft.
(I) the large number of aircraft classified as being in "self-reported status".
(J) the lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft.
(K) the practice of allowing temporary operation and navigation of aircraft without the issuance of a certificate of registration.
(d) Regulations.—(1) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out this section and provide a written
explanation of how the regulations address each of the deficiencies and abuses described in subsection (c) of this section. In prescribing the regulations, the
Administrator of the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of U.S. Customs and Border
Protection, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the
general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.
(2) Regulations prescribed under this subsection shall require that—
(A) each individual listed in an application for registration of an aircraft provide with the application the individual's driver's license number; and
(B) each person (not an individual) listed in an application for registration of an aircraft provide with the application the person's taxpayer identifying number.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
Historical and Revision Notes
Revised

Source (U.S. Code)

Source (Statutes at Large)

Section
44111(a)

49 App.:1303 (note).

44111(b)

49 App.:1401(h) (1st sentence).

44111(c)
44111(d)

49 App.:1401(h) (last sentence).
49 App.:1401 (note).

Nov. 11, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§501(h); added Nov. 11, 1988, Pub. L.
100–690, §7203(a), 102 Stat. 4424.
Nov. 18, 1988, Pub. L. 100–690, §7207(a),
(b), 102 Stat. 4427.

In subsection (c)(3)(D), the words "corporations and others" are omitted as surplus.
In subsection (d)(1), the words "Not later than September 18, 1989" and "final" are omitted as obsolete. The words "Administrator of Drug
Enforcement" are substituted for "Drug Enforcement Administration of the Department of Justice" because of section 5(a) of Reorganization
Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092).
Statutory Notes and Related Subsidiaries

Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (d)(1) on authority of section
802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including
functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the
Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally
by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Drug Enforcement Status and Progress; Reports to Congress; Definitions
Pub. L. 100–690, title VII, §7207(d), (e), Nov. 18, 1988, 102 Stat. 4428, provided that:
"(d) Report.—Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988] and annually thereafter during the 5-

year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following:
"(1) The status of the rulemaking process, issuance of regulations, and implementation of regulations in accordance with this section
[see subsec. (d) of this section].
"(2) The progress being made in reducing the number of aircraft classified by the Federal Aviation Administration as being in 'salereported status'.
"(3) The progress being made in expediting the filing and processing of forms for major repairs and alterations of fuel tanks and fuel
systems of aircraft.
"(4) The status of establishing and collecting fees under section 313(f) of the Federal Aviation Act [see section 45302(b) of this title].
"(e) Definitions.—For purposes of this subtitle [subtitle E (§§7201–7214) of title VII of Pub. L. 100–690, see Tables for classification]—
"(1) Administrator.—The term 'Administrator' means the Administrator of the Federal Aviation Administration.
"(2) Aircraft.—The term 'aircraft' has the meaning such term has under section 101 of the Federal Aviation Act of 1958 [see section
40102 of this title]."

Information Coordination
Pub. L. 100–690, title VII, §7210, Nov. 18, 1988, 102 Stat. 4432, provided that: "Not later than 180 days after the date of the enactment of this
subtitle [Nov. 18, 1988] and annually thereafter during the 3-year period beginning on such 180th day, the Administrator shall prepare and
transmit to Congress a report on the following:
"(1) The progress made in establishing a process for provision of informational assistance by such Administration to officials of Federal,
State, and local law enforcement agencies.
"(2) The progress made in establishing a process for effectively pursuing suspensions and revocations of certificates of registration and
airman certificates in accordance with the amendments made to the Federal Aviation Act of 1958 by the Aviation Drug-Trafficking Control
Act [Pub. L. 98–499, see Tables for classification], section 3401 of the Anti-Drug Abuse Act of 1986 [Pub. L. 99–570], and this subtitle [subtitle E
(§§7201–7214) of title VII of Pub. L. 100–690].
"(3) The efforts of such Administration in assessing and defining the appropriate relationship of such Administration's informational
assistance resources (including the El Paso Intelligence Center and the Law Enforcement Assistance Unit of the Aeronautical Center of
such Administration).
"(4) The progress made in issuing guidelines on (A) the reporting of aviation sensitive drug-related information, and (B) the
development, in coordination with the Drug Enforcement Administration of the Department of Justice and the United States Customs
Service, of training and educational policies to assist employees of such Administration to better understand (i) the trafficking of controlled
substances (as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]), and (ii) the role of such Administration with respect
to such trafficking.
"(5) The progress made in improving and expanding such Administration's role in the El Paso Intelligence Center."

Applicability of Paperwork Reduction Act
Pub. L. 100–690, title VII, §7211(b), Nov. 18, 1988, 102 Stat. 4433, provided that: "No information collection requests necessary to carry out the
objectives of this subtitle [subtitle E (§§7201–7214) of title VI of Pub. L. 100–690, see Tables for classification] (including the amendments made
by this subtitle) shall be subject to or affect, directly or indirectly, the annual information collection budget goals established for the Federal
Aviation Administration and the Department of Transportation under chapter 35 of title 44, United States Code."

§44112. Limitation of liability
(a) Definitions.—In this section—
(1) "lessor" means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller.
(2) "owner" means a person that owns a civil aircraft, aircraft engine, or propeller.
(3) "secured party" means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales
contract, equipment trust contract, chattel or corporate mortgage, or similar instrument.
(b) Liability.—A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage only when a civil aircraft, aircraft engine, or
propeller is in the actual possession or operational control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage
occurs because of—
(1) the aircraft, engine, or propeller; or
(2) the flight of, or an object falling from, the aircraft, engine, or propeller.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1167; Pub. L. 115–254, div. B, title V, §514, Oct. 5, 2018, 132 Stat. 3358.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44112

49 App.:1404.

Aug. 23, 1958, Pub. L. 85–726, §504, 72
Stat. 774; restated July 8, 1959, Pub. L.
86–81, §2, 73 Stat. 180.

In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words
"bona fide" are omitted as surplus. In clause (3), the word "nature" is omitted as surplus.
In subsection (b), before clause (1), the words "personal injury, death" are substituted for "any injury to or death of persons", and the words
"on land or water" are substituted for "on the surface of the earth (whether on land or water)", to eliminate unnecessary words. In clause (2),
the words "ascent, descent, or" and "dropping or" are omitted as surplus.
Editorial Notes

Amendments
2018—Subsec. (b). Pub. L. 115–254, in introductory provisions, struck out "on land or water" before "only when" and inserted "operational"
before "control".

§44113. Definitions
In this chapter, the following definitions apply:
(1) Cape town treaty.—The term "Cape Town Treaty" means the Convention on International Interests in Mobile Equipment, as modified by the Protocol
to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003.
(2) United states entry point.—The term "United States Entry Point" means the Federal Aviation Administration Civil Aviation Registry.
(3) International registry.—The term "International Registry" means the registry established under the Cape Town Treaty.
(Added Pub. L. 108–297, §6(a), Aug. 9, 2004, 118 Stat. 1097.)
Statutory Notes and Related Subsidiaries

Effective Date
Section effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or
any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as an Effective Date of 2004 Amendment
note under section 44101 of this title.

CHAPTER 443—INSURANCE
Sec.

44301.
44302.
44303.
44304.
44305.
44306.
44307.
44308.
44309.

Definitions.
General authority.
Coverage.
Reinsurance.
Insuring United States Government property.
Premiums and limitations on coverage and claims.
Revolving fund.
Administrative.
Civil actions.

44310.

Ending effective date.

§44301. Definitions
In this chapter—
(1) "aircraft manufacturer" means any company or other business entity, the majority ownership and control of which is by United States citizens, that
manufactures aircraft or aircraft engines.
(2) "American aircraft" means—
(A) a civil aircraft of the United States; and
(B) an aircraft owned or chartered by, or made available to—
(i) the United States Government; or
(ii) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of the State, territory, or possession.
(3) "insurance carrier" means a person authorized to do aviation insurance business in a State, including a mutual or stock insurance company and a
reciprocal insurance association.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 108–176, title I, §106(a)(2), Dec. 12, 2003, 117 Stat. 2498.)
Historical and Revision Notes
Revised
Section
44301

Source (U.S. Code)
49 App.:1531.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1301, 72
Stat. 800; restated Nov. 9, 1977, Pub. L.
95–163, §1(a), 91 Stat. 1278.

In this section, the text of 49 App.:1531(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the
first time the term appears in a section.
In clause (1)(B)(i), the words "United States Government" are substituted for "United States or any department or agency thereof" for
consistency in the revised title and with other titles of the United States Code.
In clause (1)(B)(ii), the words "the government of" are omitted for consistency in the revised title.
In clause (2), the words "insurance company" are omitted as being included in "insurance carrier". The words "means a person" are added
because they are inclusive. The words "group or association" are omitted as being included in "person". The word "State" is substituted for
"State of the United States" to eliminate unnecessary words.
Editorial Notes

Amendments
2003—Pub. L. 108–176 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Statutory Notes and Related Subsidiaries

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

§44302. General authority
(a) Insurance and Reinsurance.—(1) Subject to subsection (c) of this section and section 44305(a) of this title, the Secretary of Transportation may provide
insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft.
(2) An aircraft may be insured or reinsured for not more than its reasonable value as determined by the Secretary in accordance with reasonable business
practices in the commercial aviation insurance industry. Insurance or reinsurance may be provided only when the Secretary decides that the insurance cannot be
obtained on reasonable terms from an insurance carrier.
(b) Reimbursement of Insurance Cost Increases.—
(1) In general.—The Secretary may reimburse an air carrier for the increase in the cost of insurance, with respect to a premium for coverage ending before
October 1, 2002, against loss or damage arising out of any risk from the operation of an American aircraft over the insurance premium that was in effect for a
comparable operation during the period beginning September 4, 2001, and ending September 10, 2001, as the Secretary may determine. Such
reimbursement is subject to subsections (a)(2), (c), and (d) of this section and to section 44303.
(2) Payment from revolving fund.—A reimbursement under this subsection shall be paid from the revolving fund established by section 44307.
(3) Further conditions.—The Secretary may impose such further conditions on insurance for which the increase in premium is subject to reimbursement
under this subsection as the Secretary may deem appropriate in the interest of air commerce.
(4) Termination of authority.—The authority to reimburse air carriers under this subsection shall expire 180 days after the date of enactment of this
paragraph.
(c) Presidential Approval.—The Secretary may provide insurance or reinsurance under subsection (a) of this section, or reimburse an air carrier under
subsection (b) of this section, only with the approval of the President. The President may approve the insurance or reinsurance or the reimbursement only after
deciding that the continued operation of the American aircraft or foreign-flag aircraft to be insured or reinsured is necessary in the interest of air commerce or
national security or to carry out the foreign policy of the United States Government.
(d) Consultation.—The President may require the Secretary to consult with interested departments, agencies, and instrumentalities of the Government
before providing insurance or reinsurance or reimbursing an air carrier under this chapter.
(e) Additional Insurance.—With the approval of the Secretary, a person having an insurable interest in an aircraft may insure with other underwriters in an
amount that is more than the amount insured with the Secretary. However, the Secretary may not benefit from the additional insurance. This subsection does not
prevent the Secretary from making contracts of coinsurance.
(f) Extension of Policies.—
(1) In general.—The Secretary shall extend through December 11, 2014, the termination date of any insurance policy that the Department of
Transportation issued to an air carrier under subsection (a) and that is in effect on the date of enactment of this subsection on no less favorable terms to the
air carrier than existed on June 19, 2002; except that the Secretary shall amend the insurance policy, subject to such terms and conditions as the Secretary
may prescribe, to add coverage for losses or injuries to aircraft hulls, passengers, and crew at the limits carried by air carriers for such losses and injuries as
of such date of enactment and at an additional premium comparable to the premium charged for third-party casualty coverage under such policy.
(2) Special rules.—Notwithstanding paragraph (1)—
(A) in no event shall the total premium paid by the air carrier for the policy, as amended, be more than twice the premium that the air carrier was paying to
the Department of Transportation for its third party policy as of June 19, 2002; and
(B) the coverage in such policy shall begin with the first dollar of any covered loss that is incurred.
(g) Aircraft Manufacturers.—
(1) In general.—The Secretary may provide to an aircraft manufacturer insurance for loss or damage resulting from operation of an aircraft by an air carrier
and involving war or terrorism.
(2) Amount.—Insurance provided by the Secretary under this subsection shall be for loss or damage in excess of the greater of the amount of available
primary insurance or $50,000,000.
(3) Terms and conditions.—Insurance provided by the Secretary under this subsection shall be subject to the terms and conditions set forth in this
chapter and such other terms and conditions as the Secretary may prescribe.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 105–137, §2(a), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(a), Sept. 22, 2001, 115
Stat. 234; Pub. L. 107–296, title XII, §1202, Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(a), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title

I, §106(a)(1), Dec. 12, 2003, 117 Stat. 2498; Pub. L. 108–447, div. H, title I, §106(a), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(a), Nov.
30, 2005, 119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(a), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–253, §3(c)(6), June 30, 2008, 122 Stat. 2418; Pub.
L. 110–330, §5(c), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(c), Oct. 1, 2009, 123 Stat. 2055;
Pub. L. 111–116, §5(b), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title I, §114(a), Dec. 16, 2009, 123 Stat. 3042; Pub. L. 111–153, §5(b), Mar. 31,
2010, 124 Stat. 1085; Pub. L. 111–161, §5(b), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(b), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I,
§104(b), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(c), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(b), Dec. 22, 2010, 124 Stat. 3567; Pub. L.
112–7, §5(b), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(b), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(b), June 29, 2011, 125 Stat. 234; Pub. L. 112–
27, §5(b), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(c), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(c), Jan. 31, 2012, 126 Stat. 4; Pub. L.
112–95, title VII, §701, Feb. 14, 2012, 126 Stat. 118; Pub. L. 113–46, div. A, §152, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–76, div. L, title I, §119E(a), Jan. 17,
2014, 128 Stat. 582; Pub. L. 113–164, §148(a), Sept. 19, 2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(a), Dec. 16, 2014, 128 Stat. 2767.)
Historical and Revision Notes
Revised
Section
44302(a)

Source (U.S. Code)
49 App.:1532(a)(1) (less words
between 1st and 3d commas), (3).

49 App.:1537(a) (last sentence
words between 2d and 3d
commas).

44302(b)

49 App.:1532(a)(1) (words between
1st and 2d commas), (2).
49 App.:1532(a)(1) (words between
2d and 3d commas).
49 App.:1541.

44302(c)
44302(d)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1302(a), 72
Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, §2, 91 Stat. 1278; Oct. 31, 1992,
Pub. L. 102–581, §401(b), 106 Stat. 4897.
Aug. 23, 1958, Pub. L. 85–726, §1307(a)
(last sentence words between 2d and 3d
commas), 72 Stat. 804; Oct. 4, 1984, Pub.
L. 98–443, §9(b), 98 Stat. 1706.

Aug. 23, 1958, Pub. L. 85–726, §1311, 72
Stat. 806.

In subsection (a)(1), before clause (A), the words "Subject to subsection (b) of this section" are added, and the words "American aircraft or
foreign-flag aircraft" are substituted for "aircraft" in 49 App.:1532(a), for clarity. The words "in the manner and to the extent provided by this
subchapter" are omitted as unnecessary. The words "Insurance shall be issued under this subchapter only to cover any risk from the operation
of an aircraft . . . such aircraft is" are omitted because of the restatement. In clause (B), the word "places" is substituted for "points" for
consistency in the revised title.
In subsection (a)(2), the words "An aircraft may be insured or reinsured for not more than" are substituted for "and such stated amount shall
not exceed" in 49 App.:1537(a) for clarity and because of the restatement. The words "its reasonable value" are substituted for "an amount . . .
to represent the fair and reasonable value of the aircraft" to eliminate unnecessary words. The words "Insurance or reinsurance may be
provided only" are added because of the restatement. The word "conditions" is omitted as being included in "terms".
In subsection (b), the words "The Secretary may provide insurance or reinsurance under subsection (a) of this section only with the approval
of the President" are substituted for "with the approval of the President" for clarity and because of the restatement. The words "The President
may" are substituted for "The President shall" because the authority of the President is discretionary.
In subsection (c), the words "the Secretary to consult . . . before providing insurance or reinsurance under this chapter" are substituted for
"and after such consultation . . . as" because of the restatement. The words "departments, agencies, and instrumentalities" are substituted for
"agencies" for consistency in the revised title and with other titles of the United States Code.
In subsection (d), the words "However, the Secretary may not benefit from the additional insurance" are substituted for "in that event, the
Secretary shall not be entitled to the benefit of such insurance" for clarity.

Editorial Notes

References in Text
The date of enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 107–42, which was approved Sept.
22, 2001.
The date of enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 107–296, which was approved Nov.
25, 2002.

Amendments
2014—Subsec. (f)(1). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing
Appropriations Resolution, 2015".
Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30,
2014".
Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014".
2013—Subsec. (f)(1). Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for
"September 30, 2013, and may extend through December 31, 2013".
2012—Subsec. (f)(1). Pub. L. 112–95 substituted "shall extend through September 30, 2013, and may extend through December 31, 2013, the
termination date" for "shall extend through February 17, 2012, and may extend through May 17, 2012, the termination date".
Pub. L. 112–91 substituted "February 17, 2012," for "January 31, 2012," and "May 17, 2012," for "April 30, 2012,".
2011—Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31,
2011,".
Pub. L. 112–27 substituted "September 16, 2011," for "July 22, 2011," and "December 31, 2011," for "October 31, 2011,".
Pub. L. 112–21 substituted "July 22, 2011," for "June 30, 2011," and "October 31, 2011," for "September 30, 2011,".
Pub. L. 112–16 substituted "June 30, 2011," for "May 31, 2011," and "September 30, 2011," for "August 31, 2011,".
Pub. L. 112–7 substituted "May 31, 2011," for "March 31, 2011," and "August 31, 2011," for "June 30, 2011,".
2010—Subsec. (f)(1). Pub. L. 111–329, §5(b), substituted "March 31, 2011," for "December 31, 2010," and "June 30, 2011," for "March 31,
2011,".
Pub. L. 111–249 substituted "December 31, 2010," for "September 30, 2010," and "March 31, 2011," for "December 31, 2010,".
Pub. L. 111–216 substituted "September 30, 2010," for "August 1, 2010," and "December 31, 2010," for "October 31, 2010,".
Pub. L. 111–197 substituted "August 1, 2010," for "July 3, 2010," and "October 31, 2010," for "September 30, 2010,".
Pub. L. 111–161 substituted "July 3, 2010," for "April 30, 2010," and "September 30, 2010," for "July 31, 2010,".
Pub. L. 111–153 substituted "April 30, 2010," for "March 31, 2010," and "July 31, 2010," for "June 30, 2010,".
2009—Subsec. (f)(1). Pub. L. 111–117, which directed the substitution of "September 30, 2010," for "September 30, 2009," and "December 31,
2010," for "December 31, 2009,", could not be executed because of the intervening amendment by Pub. L. 111–69. See below.
Pub. L. 111–116 substituted "March 31, 2010," for "December 31, 2009," and "June 30, 2010," for "March 31, 2010,".
Pub. L. 111–69 substituted "December 31, 2009," for "September 30, 2009," and "March 31, 2010," for "December 31, 2009,".
Pub. L. 111–12 substituted "September 30, 2009," for "March 31, 2009," and "December 31, 2009," for "May 31, 2009,".
2008—Subsec. (f)(1). Pub. L. 110–330 substituted "March 31, 2009," for "November 30, 2008," and "May 31, 2009," for "December 31, 2008,".
Pub. L. 110–253 substituted "November 30, 2008" for "August 31, 2008".
2007—Subsec. (f)(1). Pub. L. 110–161 substituted "2008" for "2006" in two places.
2005—Subsec. (f)(1). Pub. L. 109–115 substituted "2006" for "2005" in two places.
2004—Subsec. (f)(1). Pub. L. 108–447 substituted "2005" for "2004" in two places.
2003—Subsec. (f)(1). Pub. L. 108–11, substituted "2004" for "2003" in two places.
Subsec. (g). Pub. L. 108–176 added subsec. (g).
2002—Subsec. (f). Pub. L. 107–296 added subsec. (f).

2001—Subsec. (a)(1). Pub. L. 107–42, §201(a)(1), substituted "subsection (c)" for "subsection (b)" and "foreign-flag aircraft." for "foreign-flag
aircraft—" and struck out subpars. (A) and (B) which read as follows:
"(A) in foreign air commerce; or
"(B) between at least 2 places, all of which are outside the United States."
Subsec. (b). Pub. L. 107–42, §201(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–42, §201(a)(2), (4), redesignated subsec. (b) as (c), in first sentence inserted ", or reimburse an air carrier under
subsection (b) of this section," before "only with the approval", and in second sentence inserted "or the reimbursement" before "only after
deciding" and "in the interest of air commerce or national security or" before "to carry out the foreign policy". Former subsec. (c) redesignated
(d).
Subsec. (d). Pub. L. 107–42, §201(a)(2), (5), redesignated subsec. (c) as (d) and inserted "or reimbursing an air carrier" before "under this
chapter". Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107–42, §201(a)(2), redesignated subsec. (d) as (e).
1997—Subsec. (a)(2). Pub. L. 105–137 substituted "as determined by the Secretary in accordance with reasonable business practices in the
commercial aviation insurance industry." for "as determined by the Secretary."
Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.

Effective Date of 2010 Amendment
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.

Effective Date of 2009 Amendment
Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26,
Internal Revenue Code.

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

Effective Date of 2002 Amendment

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

Extension of Termination Date of Policies
Pub. L. 109–289, div. B, title II, §21002(a), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 47, provided that subsec. (f)(1) of this section
would be applied by substituting "September 30, 2007" for "August 31, 2006, and may extend through December 31, 2006".
Executive Documents

Provision of Aviation Insurance Coverage for Commercial Air Carrier Service
Determination of President of the United States, No. 94–39, July 26, 1994, 59 F.R. 38551, provided:
By virtue of the authority vested in me by the Constitution and laws of the United States, including 3 U.S.C. 301 and 49 U.S.C. 44302, I hereby:
(1) determine that continuation of authorized humanitarian relief air services to Haiti is necessary to carry out the foreign policy of the
United States;
(2) approve provision by the Secretary of Transportation of insurance against loss or damage arising out of any risk from the operation
of an aircraft in the manner and to the extent provided in 49 U.S.C. 44301–44310, whenever he determines that such insurance cannot be
obtained on reasonable terms and conditions from any company authorized to conduct an insurance business in a State of the United
States;
(3) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C.
44302(b) [now 44302(c)], for purposes of responding to the current crisis in Haiti; and
(4) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C.
44306(b) [now 44306(c)] for purposes of responding to the current crisis in Haiti.
The Secretary of Transportation is directed to bring this determination immediately to the attention of all air carriers within the meaning of 49
U.S.C. 40102(a)(2), and to arrange for its publication in the Federal Register.
William J. Clinton.      

Provision of Aviation Insurance Coverage for Commercial Air Carrier Service in Domestic and
International Operations
Memorandum for the Secretary of Transportation
Memorandum of President of the United States, Dec. 27, 2013, 79 F.R. 527, provided:
By the authority vested in me as President by the Constitution and the laws of the United States, including 49 U.S.C. 44301–44310, I hereby:
1. Determine that the continuation of U.S. air transportation is necessary in the interest of air commerce, national security, and the foreign
policy of the United States.
2. Approve provision by the Secretary of Transportation of insurance or reinsurance to U.S.-certificated air carriers against loss or damage
arising out of any risk from the operation of an aircraft, in the manner and to the extent provided in chapter 443 of title 49, United States Code, until
January 15, 2014, if he determines that such insurance or reinsurance cannot be obtained on reasonable terms from any company authorized
to conduct an insurance business in a State of the United States.
3. Delegate to the Secretary of Transportation the authority, vested in me by 49 U.S.C. 44306(c), to extend this approval and determination
through December 31, 2014, or until any date prior to December 31, 2014, provided that the Congress further extends the date contained in
section 44310 and further provided that he not use this delegation to extend this determination and approval beyond the dates authorized
under any such provision of law with an ending effective date prior to December 31, 2014.
You are directed to bring this determination immediately to the attention of all air carriers, as defined in 49 U.S.C. 40102(a)(2), and to arrange
for its publication in the Federal Register.
Barack Obama.      

Prior Presidential documents related to provision of insurance to U.S.-flag commercial air service were contained in the following:
Memorandum of President of the United States, Sept. 27, 2012, 77 F.R. 60035.
Memorandum of President of the United States, Sept. 28, 2011, 76 F.R. 61247.
Memorandum of President of the United States, Sept. 29, 2010, 75 F.R. 61033.
Memorandum of President of the United States, Aug. 21, 2009, 74 F.R. 43617.
Memorandum of President of the United States, Dec. 23, 2008, 73 F.R. 79589.
Memorandum of President of the United States, Dec. 27, 2007, 73 F.R. 1813.
Memorandum of President of the United States, Dec. 21, 2006, 71 F.R. 77243.
Memorandum of President of the United States, Dec. 22, 2005, 70 F.R. 76669.
Determination of President of the United States, No. 2005–15, Dec. 21, 2004, 69 F.R. 77607.
Determination of President of the United States, No. 2004–13, Dec. 11, 2003, 69 F.R. 5237.
Determination of President of the United States, No. 01–29, Sept. 23, 2001, 66 F.R. 49075.

§44303. Coverage
(a) In General.—The Secretary of Transportation may provide insurance and reinsurance, or reimburse insurance costs, as authorized under section 44302
of this title for the following:
(1) an American aircraft or foreign-flag aircraft engaged in aircraft operations the President decides are necessary in the interest of air commerce or national
security or to carry out the foreign policy of the United States Government.
(2) property transported or to be transported on aircraft referred to in clause (1) of this section, including—
(A) shipments by express or registered mail;
(B) property owned by citizens or residents of the United States;
(C) property—
(i) imported to, or exported from, the United States; and
(ii) bought or sold by a citizen or resident of the United States under a contract putting the risk of loss or obligation to provide insurance against risk of
loss on the citizen or resident; and
(D) property transported between—
(i) a place in a State or the District of Columbia and a place in a territory or possession of the United States;
(ii) a place in a territory or possession of the United States and a place in another territory or possession of the United States; or
(iii) 2 places in the same territory or possession of the United States.
(3) the personal effects and baggage of officers and members of the crew of an aircraft referred to in clause (1) of this section and of other individuals
employed or transported on that aircraft.
(4) officers and members of the crew of an aircraft referred to in clause (1) of this section and other individuals employed or transported on that aircraft
against loss of life, injury, or detention.
(5) statutory or contractual obligations or other liabilities, customarily covered by insurance, of an aircraft referred to in clause (1) of this section or of the
owner or operator of that aircraft.
(6) loss or damage of an aircraft manufacturer resulting from operation of an aircraft by an air carrier and involving war or terrorism.
(b) Air Carrier Liability for Third Party Claims Arising Out of Acts of Terrorism.—For acts of terrorism committed on or to an air carrier during the
period beginning on September 22, 2001, and ending on December 11, 2014, the Secretary may certify that the air carrier was a victim of an act of terrorism and
in the Secretary's judgment, based on the Secretary's analysis and conclusions regarding the facts and circumstances of each case, shall not be responsible for
losses suffered by third parties (as referred to in section 205.5(b)(1) of title 14, Code of Federal Regulations) that exceed $100,000,000, in the aggregate, for all
claims by such parties arising out of such act. If the Secretary so certifies, the air carrier shall not be liable for an amount that exceeds $100,000,000, in the

aggregate, for all claims by such parties arising out of such act, and the Government shall be responsible for any liability above such amount. No punitive
damages may be awarded against an air carrier (or the Government taking responsibility for an air carrier under this subsection) under a cause of action arising
out of such act. The Secretary may extend the provisions of this subsection to an aircraft manufacturer (as defined in section 44301) of the aircraft of the air
carrier involved.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(b)(1), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107–296, title XII, §1201, Nov.
25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(b), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)(3), (b), Dec. 12, 2003, 117 Stat. 2499;
Pub. L. 108–447, div. H, title I, §106(b), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(b), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110–161,
div. K, title I, §114(b), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–253, §3(c)(7), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(d), Sept. 30, 2008, 122 Stat.
3718; Pub. L. 111–12, §5(c), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(d), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(c), Dec. 16, 2009, 123 Stat.
3032; Pub. L. 111–117, div. A, title I, §114(b), Dec. 16, 2009, 123 Stat. 3043; Pub. L. 111–153, §5(c), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(c), Apr.
30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(c), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(c), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249,
§5(d), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(c), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(c), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16,
§5(c), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(c), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(c), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title
II, §205(d), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(d), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title VII, §702, Feb. 14, 2012, 126 Stat. 118; Pub. L.
113–46, div. A, §153, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–76, div. L, title I, §119E(b), Jan. 17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(b), Sept. 19,
2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(b), Dec. 16, 2014, 128 Stat. 2767.)
Historical and Revision Notes
Revised
Section
44303

Source (U.S. Code)
49 App.:1533.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1303, 72
Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, §3, 91 Stat. 1279.

In this section, before clause (1), the words "persons, property, or interest" are omitted as unnecessary. In clause (2), the word "property" is
substituted for "Cargoes" and "air cargoes" for consistency in the revised title. In clause (2)(B) and (C), the words "its territories, or
possessions" are omitted as unnecessary because of the definition of "United States" in section 40102(a) of the revised title. In clause (2)(C)
(ii), the word "contract" is substituted for "contracts of sale or purchase", and the words "putting . . . on" are substituted for "is assumed by or
falls upon", to eliminate unnecessary words. In clause (2)(D), the word "place" is substituted for "point" for consistency in the revised title. In
subclause (i), the words "a State or the District of Columbia" are substituted for "the United States" for clarity and consistency because the
definition of "United States" in section 40102(a) of the revised title is too broad for the context of the clause. The definition in section 40102(a)
includes territories and possession and would therefore overlap with subclauses (ii) and (iii). In subclause (iii), the words "2 places in the same
territory or possession of the United States" are substituted for "any point in any such territory or possession and any other point in the same
territory or possession" for clarity. In clauses (3) and (4), the word "individuals" is substituted for "persons" as being more appropriate. The
words "captains" and "pilots" are omitted as being included in "officers and members of the crew".
Editorial Notes

Codification
The text of section 201(b)(2) of Pub. L. 107–42, which was transferred and redesignated so as to appear as subsec. (b) of this section and
amended by Pub. L. 107–296, was based on Pub. L. 107–42, title II, §201(b)(2), Sept. 22, 2001, 115 Stat. 235, formerly included in a note set out
under section 40101 of this title.

Amendments
2014—Subsec. (b). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing
Appropriations Resolution, 2015".

Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30,

2014".

Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014".
2013—Subsec. (b). Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for "December

31, 2013".
2012—Subsec. (b). Pub. L. 112–95 substituted "ending on December 31, 2013, the Secretary may certify" for "ending on May 17, 2012, the
Secretary may certify".
Pub. L. 112–91 substituted "May 17, 2012," for "April 30, 2012,".
2011—Subsec. (b). Pub. L. 112–30 substituted "April 30, 2012," for "December 31, 2011,".
Pub. L. 112–27 substituted "December 31, 2011," for "October 31, 2011,".
Pub. L. 112–21 substituted "October 31, 2011," for "September 30, 2011,".
Pub. L. 112–16 substituted "September 30, 2011," for "August 31, 2011,".
Pub. L. 112–7 substituted "August 31, 2011," for "June 30, 2011,".
2010—Subsec. (b). Pub. L. 111–329 substituted "June 30, 2011," for "March 31, 2011,".
Pub. L. 111–249 substituted "March 31, 2011," for "December 31, 2010,".
Pub. L. 111–216 substituted "December 31, 2010," for "October 31, 2010,".
Pub. L. 111–197 substituted "October 31, 2010," for "September 30, 2010,".
Pub. L. 111–161 substituted "September 30, 2010," for "July 31, 2010,".
Pub. L. 111–153 substituted "July 31, 2010," for "June 30, 2010,".
2009—Subsec. (b). Pub. L. 111–117, which directed the substitution of "December 31, 2010," for "December 31, 2009,", could not be executed
due to the intervening amendment by Pub. L. 111–69. See below.
Pub. L. 111–116 substituted "June 30, 2010," for "March 31, 2010,".
Pub. L. 111–69 substituted "March 31, 2010," for "December 31, 2009,".
Pub. L. 111–12 substituted "December 31, 2009," for "May 31, 2009,".
2008—Subsec. (b). Pub. L. 110–330 substituted "May 31, 2009," for "March 31, 2009,".
Pub. L. 110–253 substituted "March 31, 2009" for "December 31, 2008".
2007—Subsec. (b). Pub. L. 110–161 substituted "2008," for "2006,".
2005—Subsec. (b). Pub. L. 109–115 substituted "2006" for "2005".
2004—Subsec. (b). Pub. L. 108–447 substituted "2005" for "2004'.
2003—Subsec. (a). Pub. L. 108–176, §106(a)(3)(A), substituted "In General" for "In general" in heading.
Subsec. (a)(6). Pub. L. 108–176, §106(a)(3)(B), added par. (6).
Subsec. (b). Pub. L. 108–176, §106(b), inserted at end "The Secretary may extend the provisions of this subsection to an aircraft
manufacturer (as defined in section 44301) of the aircraft of the air carrier involved."
Pub. L. 108–11 substituted "2004" for "2003".
2002—Pub. L. 107–296 designated existing provisions as subsec. (a), inserted heading, transferred and redesignated the text of section
201(b)(2) of Pub. L. 107–42 so as to appear as subsec. (b), in heading substituted "Air Carrier Liability for Third Party Claims Arising Out of Acts
of Terrorism" for "Discretion of the Secretary", and in text substituted "the period beginning on September 22, 2001, and ending on December
31, 2003, the Secretary" for "the 180-day period following the date of enactment of this Act, the Secretary of Transportation" and "this
subsection" for "this paragraph". See Codification note above.
2001—Pub. L. 107–42, §201(b)(1)(A), inserted ", or reimburse insurance costs, as" after "insurance and reinsurance" in introductory
provisions.
Par. (1). Pub. L. 107–42, §201(b)(1)(B), inserted "in the interest of air commerce or national security or" before "to carry out the foreign policy".
Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.

Effective Date of 2010 Amendment
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.

Effective Date of 2009 Amendment
Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment
Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26,
Internal Revenue Code.

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

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

Extension of Limitation of Air Carrier Liability
Pub. L. 109–289, div. B, title II, §21002(b), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 48, provided that subsec. (b) of this section
would be applied by substituting "September 30, 2007" for "December 31, 2006".

§44304. Reinsurance
To the extent the Secretary of Transportation is authorized to provide insurance under this chapter, the Secretary may reinsure any part of the insurance
provided by an insurance carrier. The Secretary may reinsure with, transfer to, or transfer back to, any insurance carrier any insurance or reinsurance provided
by the Secretary under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(c), Sept. 22, 2001, 115 Stat. 235; Pub. L. 112–95, title VII, §703, Feb. 14,
2012, 126 Stat. 118.)
Historical and Revision Notes

Revised
Section
44304(a)

Source (U.S. Code)
49 App.:1535(a).

44304(b)

49 App.:1535(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1305, 72
Stat. 802; Nov. 9, 1977, Pub. L. 95–163,
§4(a), 91 Stat. 1279.

In subsection (a), the words "may reinsure any part of the insurance provided by an insurance carrier" are substituted for "may reinsure, in
whole or in part, any company authorized to do an insurance business" for clarity and consistency with source provisions restated in this
subchapter and the definition of "insurance carrier" in section 44301 of the revised title. The words "transfer to, or transfer back to" are
substituted for "cede or retrocede to" for clarity.
In subsection (b), the word "same" is omitted as being included in "similar". The words "on account of the cost of" are omitted as surplus.
The word "providing" is substituted for "rendered" and "furnished" because it is inclusive. The words "except for" are substituted for "but such
allowance to the carrier shall not provide for" to eliminate unnecessary words.
Editorial Notes

Amendments
2012—Pub. L. 112–95 substituted "any insurance carrier" for "the carrier".
2001—Pub. L. 107–42 struck out subsec. (a) designation and heading "General Authority" and struck out subsec. (b) which read as follows:
"(b) Premium Levels.—The Secretary may provide reinsurance at premiums not less than, or obtain reinsurance at premiums not higher

than, the premiums the Secretary establishes on similar risks or the premiums the insurance carrier charges for the insurance to be reinsured
by the Secretary, whichever is most advantageous to the Secretary. However, the Secretary may make allowances to the insurance carrier for
expenses incurred in providing services and facilities that the Secretary considers good business practice, except for payments by the carrier
for the stimulation or solicitation of insurance business."

§44305. Insuring United States Government property
(a) General.—With the approval of the President, a department, agency, or instrumentality of the United States Government may obtain—
(1) insurance under this chapter, including insurance for risks from operating an aircraft in intrastate or interstate air commerce, but not including insurance
on valuables subject to sections 17302 and 17303 of title 40; and
(2) insurance for risks arising from providing goods or services directly related to and necessary for operating an aircraft covered by insurance obtained
under clause (1) of this subsection if the aircraft is operated—
(A) in carrying out a contract of the department, agency, or instrumentality; or
(B) to transport military forces or materiel on behalf of the United States under an agreement between the Government and the government of a foreign
country.
(b) Premium Waivers and Indemnification.—With the approval required under subsection (a) of this section, the Secretary of Transportation may provide
the insurance without premium at the request of the Secretary of Defense or the head of a department, agency, or instrumentality designated by the President
when the Secretary of Defense or the designated head agrees to indemnify the Secretary of Transportation against all losses covered by the insurance. The
Secretary of Defense and any designated head may make indemnity agreements with the Secretary of Transportation under this section. If such an agreement is
countersigned by the President or the President's designee, the agreement shall constitute, for purposes of section 44302(c), a determination that continuation
of the aircraft operations to which the agreement applies is necessary to carry out the foreign policy of the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §3, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(e), Sept. 22, 2001, 115
Stat. 236; Pub. L. 107–217, §3(n)(6), Aug. 21, 2002, 116 Stat. 1303.)

Historical and Revision Notes
Revised
Section
44305

Source (U.S. Code)
49 App.:1534.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1304, 72
Stat. 802; Oct. 31, 1992, Pub. L. 102–581,
§401(a), 106 Stat. 4897.

In this section, the words "a department, agency, or instrumentality" are substituted for "Any department or agency" for clarity and
consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the words "obtain insurance under this chapter" are substituted for "procure from the Secretary any of the insurance
provided under this subchapter" to eliminate unnecessary words. The words "overseas air commerce" are omitted for the reasons given in the
revision note for section 40101.
In subsection (b), the words "or the head of a department, agency, or instrumentality designated by the President" are substituted for "and
such other agencies as the President may prescribe" as being more precise and for consistency in the revised title. The words "when the
Secretary of Defense or the designated head agrees" are substituted for "in consideration of" for clarity. The words "any designated head" are
substituted for "the agreement of . . . such agency" and "such other agencies" for clarity and because of the restatement.
Editorial Notes

Amendments
2002—Subsec. (a)(1). Pub. L. 107–217 substituted "sections 17302 and 17303 of title 40" for "sections 1 and 2 of the Government Losses in
Shipment Act (40 U.S.C. 721, 722)".
2001—Subsec. (b). Pub. L. 107–42 substituted "44302(c)" for "44302(b)".
1997—Subsec. (b). Pub. L. 105–137 inserted at end "If such an agreement is countersigned by the President or the President's designee, the
agreement shall constitute, for purposes of section 44302(b), a determination that continuation of the aircraft operations to which the
agreement applies is necessary to carry out the foreign policy of the United States."

§44306. Premiums and limitations on coverage and claims
(a) Premiums Based on Risk.—To the extent practical, the premium charged for insurance or reinsurance under this chapter shall be based on consideration
of the risk involved.
(b) Allowances in Setting Premium Rates for Reinsurance.—In setting premium rates for reinsurance, the Secretary may make allowances to the
insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practices, except for payments by the
insurance carrier for the stimulation or solicitation of insurance business.
(c) Time Limits.—The Secretary of Transportation may provide insurance and reinsurance under this chapter for a period of not more than 1 year. The period
may be extended for additional periods of not more than 1 year each only if the President decides, before each additional period, that the continued operation of
the aircraft to be insured or reinsured is necessary in the interest of air commerce or national security or to carry out the foreign policy of the United States
Government.
(d) Maximum Insured Amount.—The insurance policy on an aircraft insured or reinsured under this chapter shall specify a stated amount that is not more
than the value of the aircraft, as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry. A
claim under the policy may not be paid for more than that stated amount.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §2(b), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(d), Sept. 22, 2001, 115
Stat. 235; Pub. L. 107–71, title I, §§124(b), 147, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287; Pub. L. 108–
176, title I, §106(c), (e), Dec. 12, 2003, 117 Stat. 2499.)

Historical and Revision Notes
Revised
Section
44306(a)
44306(b)
44306(c)

Source (U.S. Code)
49 App.:1532(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1302(b), (c),
72 Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, §2, 91 Stat. 1279.

49 App.:1532(c).
49 App.:1537(a) (last sentence less
words between 2d and 3d
commas).

Aug. 23, 1958, Pub. L. 85–726, §1307(a)
(last sentence less words between 2d and
3d commas), 72 Stat. 804; Oct. 4, 1984,
Pub. L. 98–443, §9(b), 98 Stat. 1706.

In subsection (a), the words "To the extent" are substituted for "insofar as" for consistency.
In subsection (b), the word "initial" is omitted as surplus. The words "The period" are substituted for "Such insurance or reinsurance", and
the words "the President decides . . . that the continued operation of the aircraft to be insured or reinsured is necessary to carry out the foreign
policy of the United States Government" are substituted for "the President makes the same determination with respect to such extension as he
is required to make under paragraph (2) of subsection (a) of this section for the initial provision of such insurance or reinsurance", for clarity.
In subsection (c), the words "or reinsured" are added for consistency. The words "to be paid in the event of total loss" are omitted as
unnecessary because of the last sentence. The words "A claim under the policy may not be paid for more than that stated amount" are
substituted for "the amount of any claim which is compromised, settled, adjusted, or paid shall in no event exceed such stated amount" to
eliminate unnecessary words.
Editorial Notes

Amendments
2003—Subsec. (b). Pub. L. 108–176, §106(c), substituted "by the insurance carrier" for "by the air carrier".
Subsec. (c). Pub. L. 108–176, §106(e), made technical correction to directory language of Pub. L. 107–71, §124(b). See 2001 Amendment note

below.

2002—Subsec. (c). Pub. L. 107–296 made technical correction to directory language of Pub. L. 107–71, §147. See 2001 Amendment note

below.

2001—Subsec. (b). Pub. L. 107–42, §201(d)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub.L. 107–71, §147, as amended by Pub. L. 107–296, substituted "1 year" for "60 days" in two places.
Pub. L. 107–71, §124(b), as amended by Pub. L. 108–176, §106(e), inserted "in the interest of air commerce or national security or" before "to

carry out the foreign policy".
Pub. L. 107–42, §201(d)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–42, §201(d)(1), redesignated subsec. (c) as (d).
1997—Subsec. (c). Pub. L. 105–137 substituted "as determined by the Secretary in accordance with reasonable business practices in the
commercial aviation insurance industry." for "as determined by the Secretary."
Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment
Amendment by section 106(c) of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise
specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Pub. L. 108–176, title I, §106(e), Dec. 12, 2003, 117 Stat. 2499, provided that the amendment made by section 106(e) is effective Nov. 19,

2001.

Effective Date of 2002 Amendment
Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287, provided that the amendment made by section 1203 is effective Nov. 19, 2001.

Delegation of Authority
Authority of President under subsec. (c) of this section delegated to Secretary of Transportation, with certain conditions, by Memorandum of
President of the United States, Dec. 27, 2013, 79 F.R. 527, set out as a note under section 44302 of this title.

§44307. Revolving fund
(a) Existence, Disbursements, Appropriations, and Deposits.—(1) There is a revolving fund in the Treasury. The Secretary of the Treasury shall disburse
from the fund payments to carry out this chapter.
(2) Necessary amounts to carry out this chapter may be appropriated to the fund. The amounts appropriated and other amounts received in carrying out this
chapter shall be deposited in the fund.
(b) Investment.—On request of the Secretary of Transportation, the Secretary of the Treasury may invest any part of the amounts in the revolving fund in
interest-bearing securities of the United States Government. The interest on, and the proceeds from the sale or redemption of, the securities shall be deposited
in the fund.
(c) Excess Amounts.—The balance in the revolving fund in excess of an amount the Secretary of Transportation determines is necessary for the
requirements of the fund and for reasonable reserves to maintain the solvency of the fund shall be deposited at least annually in the Treasury as miscellaneous
receipts.
(d) Expenses.—The Secretary of Transportation shall deposit annually an amount in the Treasury as miscellaneous receipts to cover the expenses the
Government incurs when the Secretary of Transportation uses appropriated amounts in carrying out this chapter. The deposited amount shall equal an amount
determined by multiplying the average monthly balance of appropriated amounts retained in the revolving fund by a percentage that is at least the current
average rate payable on marketable obligations of the Government. The Secretary of the Treasury shall determine annually in advance the percentage applied.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170.)
Historical and Revision Notes
Revised
Section
44307(a)

49 App.:1536(a), (b).

44307(b)

49 App.:1536(f).

44307(c)
44307(d)

49 App.:1536(c).
49 App.:1536(d).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1306(a)–(d),
72 Stat. 803.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1306(f); added Aug. 9, 1975, Pub. L. 94–
90, §1(a), 89 Stat. 439.

In subsection (a)(1), the first sentence is added for clarity. The last sentence is substituted for 49 App.:1536(a) (last sentence) to eliminate
unnecessary words and for consistency in the revised title.
In subsection (a)(2), the words "The amounts appropriated and other amounts received in carrying out this chapter" are substituted for
"Moneys appropriated by Congress to carry out the provisions of this subchapter and all moneys received from premiums, salvage, or other
recoveries and all receipts in connection with this subchapter" to eliminate unnecessary words.

In subsection (b), the words "any part" are substituted for "all or any part" to eliminate unnecessary words. The words "held in the revolving
fund" are omitted as surplus. The words "deposited in" are substituted for "credited to and form a part of" for consistency.
In subsection (d), the words "The Secretary of Transportation shall deposit annually an amount in the Treasury" are substituted for "Annual
payments shall be made by the Secretary to the Treasury of the United States", the words "The deposited amount shall equal an amount
determined by multiplying" are substituted for "These payments shall be computed by applying to", and the words "a percentage that is at least
the current average rate payable on marketable obligations of the Government" are substituted for "a percentage" and "Such percentage shall
not be less than the current average rate which the Treasury pays on its marketable obligations", for clarity.

§44308. Administrative
(a) Commercial Practices.—The Secretary of Transportation may carry out this chapter consistent with commercial practices of the aviation insurance
business.
(b) Issuance of Policies and Disposition of Claims.—(1) The Secretary may issue insurance policies to carry out this chapter. The Secretary may
prescribe the forms, amounts insured under the policies, and premiums charged. Any such policy may authorize the binding arbitration of claims made
thereunder in such manner as may be agreed to by the Secretary and any commercial insurer that may be responsible for any part of a loss to which such policy
relates. The Secretary may change an amount of insurance or a premium for an existing policy only with the consent of the insured.
(2) For a claim under insurance authorized by this chapter, the Secretary may—
(A) settle and pay the claim made for or against the United States Government;
(B) pay the amount of a binding arbitration award made under paragraph (1); and
(C) pay the amount of a judgment entered against the Government.
(c) Underwriting Agent.—(1) The Secretary may, and when practical shall, employ an insurance carrier or group of insurance carriers to act as an
underwriting agent. The Secretary may use the agent, or a claims adjuster who is independent of the underwriting agent, to adjust claims under this chapter, but
claims may be paid only when approved by the Secretary.
(2) The Secretary may pay reasonable compensation to an underwriting agent for servicing insurance the agent writes for the Secretary. Compensation may
include payment for reasonable expenses incurred by the agent but may not include a payment by the agent for stimulation or solicitation of insurance business.
(3) Except as provided by this subsection, the Secretary may not pay an insurance broker or other person acting in a similar capacity any consideration for
arranging insurance when the Secretary directly insures any part of the risk.
(d) Budget.—The Secretary shall submit annually a budget program for carrying out this chapter as provided for wholly owned Government corporations
under chapter 91 of title 31.
(e) Accounts.—The Secretary shall maintain a set of accounts for audit under chapter 35 of title 31. Notwithstanding chapter 35, the Comptroller General
shall allow credit for expenditures under this chapter made consistent with commercial practices in the aviation insurance business when shown to be necessary
because of the business activities authorized by this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1171; Pub. L. 104–316, title I, §127(e), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–137, §4, Dec. 2, 1997, 111
Stat. 2640; Pub. L. 112–95, title VII, §704, Feb. 14, 2012, 126 Stat. 118.)
Historical and Revision Notes
Revised
Section
44308(a)
44308(b)(1)

Source (U.S. Code)
49 App.:1537(c) (1st sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1307(a) (1st
sentence), (c), (d), 72 Stat. 803, 804.

49 App.:1537(a) (1st sentence words
before 6th comma).
49 App.:1537(b).
Aug. 23, 1958, Pub. L. 85–726, §1307(b), 72
Stat. 804; Nov. 9, 1977, Pub. L. 95–163,
§5(a), 91 Stat. 1280.

44308(b)(2)
44308(c)(1)
44308(c)(2)
44308(c)(3)
44308(d)
44308(e)

49 App.:1537(a) (1st sentence words
after 6th comma).
49 App.:1537(d) (1st, 3d sentences).
49 App.:1537(d) (2d, last sentences).
49 App.:1537(c) (last sentence).
49 App.:1537(f) (1st sentence).
Aug. 23, 1958, Pub. L. 85–726, §1307(f), 72
Stat. 804; Jan. 2, 1975, Pub. L. 93–604,
§702, 88 Stat. 1964.
49 App.:1537(f) (last sentence).

In subsection (a), the words "may carry out this chapter" are substituted for "in administering this subchapter, may exercise his powers,
perform his duties and functions, and make his expenditures" to eliminate unnecessary words.
In subsection (b)(1), the word "insurance" is added for clarity. The words "rules, and regulations" are omitted as unnecessary because of
49:322(a). The words "as he deems proper" and "subject to the following provisions of this subsection" are omitted as surplus. The words "and
change" and "fix, adjust, and change" are omitted as being included in "prescribe". The words "under the policies" are added for clarity. The
word "charged" is substituted for "provided for in this subchapter" for consistency in this subchapter.
In subsection (b)(2), before clause (A), the words "the Secretary" are added because of the restatement. In clause (A), the words "adjust
and . . . losses, compromise and" are omitted as included in "settle and pay the claim". The word "made" is substituted for "whether" for clarity.
In clause (B), the word "entered" is substituted for "rendered" because it is more appropriate. The words "in any suit" are omitted as surplus.
The words "or the amount of any settlement agreed upon" are omitted as being included in "settle and pay the claim".
In subsection (c)(1), the words "and when practical shall" are substituted for "and whenever he finds it practical to do so shall" to eliminate
unnecessary words. The word "his" is omitted as surplus. The words "The Secretary may use" are substituted for "may be utilized" for
consistency. The words "The services of" are omitted as unnecessary.
In subsection (c)(2), the words "pay reasonable compensation" are substituted for "allow . . . fair and reasonable compensation" for
consistency in the revised title. The words "an underwriting agent" are substituted for "such companies or groups of companies", and the
words "the agent writes" are substituted for "written by such companies or groups of companies as underwriting agent", for clarity. The word
"payment" is substituted for "allowance" for consistency.
In subsection (c)(3), the words "intermediary" and "fee or other" are omitted as surplus. The word "for" is substituted for "by virtue of his
participation in" to eliminate unnecessary words.
In subsection (d), the word "prepare" is omitted as being included in "submit". The words "for carrying out this chapter" are substituted for "in
the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter" for consistency and to eliminate
unnecessary words. The words "under chapter 91 of title 31" are substituted for "by the Government Corporation Control Act, as amended (59
Stat. 597; 31 U.S.C. 841)" in section 1307(f) of the Act of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of
September 13, 1982 (Public Law 97–258, 96 Stat. 1067).
In subsection (e), the words "under chapter 35 of title 31" are substituted for "in accordance with the provisions of the Accounting and Auditing
Act of 1950" in section 1307(f) of the Act of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of September
13, 1982 (Public Law 97–258, 96 Stat. 1067). The words "Provided, That . . . the Secretary may exercise the powers conferred in said subchapter,
perform the duties and functions" are omitted as surplus. The words "Notwithstanding chapter 35" are added for clarity. The words "Comptroller
General" are substituted for "General Accounting Office" because of 31:702.
Editorial Notes

Amendments
2012—Subsec. (c)(1). Pub. L. 112–95 substituted "agent, or a claims adjuster who is independent of the underwriting agent," for "agent" in
second sentence.

1997—Subsec. (b)(1). Pub. L. 105–137, §4(a), inserted after second sentence "Any such policy may authorize the binding arbitration of claims
made thereunder in such manner as may be agreed to by the Secretary and any commercial insurer that may be responsible for any part of a
loss to which such policy relates."
Subsec. (b)(2). Pub. L. 105–137, §4(b), struck out "and" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C).
1996—Subsec. (e). Pub. L. 104–316 substituted "for audit" for ". The Comptroller General shall audit those accounts".

§44309. Civil actions
(a) Losses.—
(1) Actions against united states.—A person may bring a civil action in a district court of the United States or in the United States Court of Federal
Claims against the United States Government when—
(A) a loss insured under this chapter is in dispute; or
(B)(i) the person is subrogated under a contract between the person and a party insured under this chapter (other than section 44305(b)) to the rights of
the insured party against the United States Government; and
(ii) the person has paid to the insured party, with the approval of the Secretary of Transportation, an amount for a physical damage loss that the Secretary
has determined is a loss covered by insurance issued under this chapter (other than section 44305(b)).
(2) Limitation.—A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent, officer, or
employee of the Government carrying out this chapter. A civil action shall not be instituted against the United States under this chapter unless the claimant first
presents the claim to the Secretary of Transportation and such claim is finally denied by the Secretary in writing and notice of the denial of such claim is sent
by certified or registered mail.
(3) Procedure.—To the extent applicable, the procedure in an action brought under section 1346(a)(2) of title 28, United States Code, applies to an action
under this subsection.
(b) Venue and Joinder.—(1) A civil action under subsection (a) of this section may be brought in the judicial district for the District of Columbia or in the
judicial district in which the plaintiff or the agent of the plaintiff resides if the plaintiff resides in the United States. If the plaintiff does not reside in the United
States, the action may be brought in the judicial district for the District of Columbia or in the judicial district in which the Attorney General agrees to accept
service.
(2) An interested person may be joined as a party to a civil action brought under subsection (a) of this section initially or on motion of either party to the action.
(c) Time Requirements.—(1) Except as provided under paragraph (2), an insurance claim made under this chapter against the United States shall be forever
barred unless it is presented in writing to the Secretary of Transportation within two years after the date on which the loss event occurred. Any civil action arising
out of the denial of such a claim shall be filed by not later than six months after the date of the mailing, by certified or registered mail, of notice of final denial of
the claim by the Secretary.
(2)(A) For claims based on liability to persons with whom the insured has no privity of contract, an insurance claim made under the authority of this chapter
against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation by not later than the earlier of—
(i) the date that is 60 days after the date on which final judgment is entered by a tribunal of competent jurisdiction; or
(ii) the date that is six years after the date on which the loss event occurred.
(B) Any civil action arising out of the denial of such claim shall be filed by not later than six months after the date of mailing, by certified or registered mail, of
notice of final denial of the claim by the Secretary.
(3) A claim made under this chapter shall be deemed to be administratively denied if the Secretary fails to make a final disposition of the claim before the date
that is 6 months after the date on which the claim is presented to the Secretary, unless the Secretary makes a different agreement with the claimant when there
is good cause for an agreement.
(d) Interpleader.—(1) If the Secretary admits the Government owes money under an insurance claim under this chapter and there is a dispute about the
person that is entitled to payment, the Government may bring a civil action of interpleader in a district court of the United States against the persons that may be
entitled to payment. The action may be brought in the judicial district for the District of Columbia or in the judicial district in which any party resides.

(2) The district court may order a party not residing or found in the judicial district in which the action is brought to appear in a civil action under this
subsection. The order shall be served in a reasonable manner decided by the district court. If the court decides an unknown person might assert a claim under
the insurance that is the subject of the action, the court may order service on that person by publication in the Federal Register.
(3) Judgment in a civil action under this subsection discharges the Government from further liability to the parties to the action and to all other persons served
by publication under paragraph (2) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1172; Pub. L. 105–277, div. C, title I, §110(c)(1), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 113–291, div. A, title
X, §1074(a), Dec. 19, 2014, 128 Stat. 3518.)
Historical and Revision Notes
Revised
Section
44309(a)
44309(b)(1)
44309(b)(2)
44309(c)
44309(d)

Source (U.S. Code)
49 App.:1540 (1st sentence less
19th–70th words, 3d sentence).
49 App.:1540 (1st sentence 19th–
70th words, 2d sentence).
49 App.:1540 (4th sentence).
49 App.:1540 (last sentence).
49 App.:1540 (5th–8th sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1310, 72
Stat. 805.

In subsection (a), the words "A person may bring" are substituted for "may be maintained" for clarity. The words "a civil action" are
substituted for "suit" because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "A civil action . . . (except the
action authorized by this subsection) may not be brought" are substituted for "and this remedy shall be exclusive of any other action", and the
words "involving the" are substituted for "by reason of", for clarity. The words "carrying out this chapter" are substituted for "employed or
retained under this subchapter", and the words "in an action" are substituted for "for suits in the district courts", for consistency. The words
"applies to" are substituted for "shall otherwise be the same as that provided for" to eliminate unnecessary words. The words "an action under
this subsection" are substituted for "such suits" for consistency.
In subsection (b)(1), the words "A civil action under subsection (a) of this section may be brought" are added for clarity. The words "the
plaintiff or the agent of the plaintiff resides" are substituted for "the claimant or his agent resides" for consistency in the revised title. The words
"if the plaintiff resides in the United States" are added for clarity. The words "notwithstanding the amount of the claim" are omitted as obsolete
because jurisdiction under 28:1331 no longer depends on the amount of the claim. The words "and any provision of existing law as to the
jurisdiction of United States district courts" are omitted as obsolete.
In subsection (b)(2), the words "interested person" are substituted for "All persons having or claiming or who might have an interest in such
insurance" to eliminate unnecessary words. The word "either" is omitted as surplus. The words "to a civil action brought under subsection (a)
of this section" are added for clarity.
In subsection (c), the words "during which, under section 2401 of title 28, a civil action must be brought under subsection (a) of this section"
are substituted for "within which suits may be commenced contained in section 2401 of title 28 providing for bringing of suits against the United
States" for clarity. The words "from such time of filing" are omitted as surplus. The words "60 days after the Secretary of Transportation denies
the claim" are substituted for "the claim shall have been administratively denied by the Secretary and for sixty days thereafter" for clarity.
In subsection (d)(1), the words "a civil action of interpleader" are substituted for "an action in the nature of a bill of interpleader" because of
the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "persons that may be entitled to payment" are substituted for "such parties"
for clarity.
In subsection (d)(2), the words "in which the action is brought" are added for clarity. The words "The order shall be" are added because of
the restatement. The words "the court may order service on that person" are substituted for "it may direct service upon such persons
unknown" as being more precise.
In subsection (d)(3), the words "in a civil action under this subsection" are substituted for "in any such suit" for clarity.

Editorial Notes

Amendments
2014—Subsec. (a)(2). Pub. L. 113–291, §1074(a)(1), inserted at end "A civil action shall not be instituted against the United States under this
chapter unless the claimant first presents the claim to the Secretary of Transportation and such claim is finally denied by the Secretary in
writing and notice of the denial of such claim is sent by certified or registered mail."
Subsec. (c). Pub. L. 113–291, §1074(a)(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows:
"When an insurance claim is made under this chapter, the period during which, under section 2401 of title 28, a civil action must be brought
under subsection (a) of this section is suspended until 60 days after the Secretary of Transportation denies the claim. The claim is deemed to
be administratively denied if the Secretary does not act on the claim not later than 6 months after filing, unless the Secretary makes a different
agreement with the claimant when there is good cause for an agreement."
1998—Subsec. (a). Pub. L. 105–277 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "A person
may bring a civil action in a district court of the United States against the United States Government when a loss insured under this chapter is
in dispute. A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent,
officer, or employee of the Government carrying out this chapter. To the extent applicable, the procedure in an action brought under section
1346(a)(2) of title 28 applies to an action under this subsection."
Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment
Pub. L. 113–291, div. A, title X, §1074(b), Dec. 19, 2014, 128 Stat. 3519, provided that: "The amendments made by subsection (a) [amending
this section] shall apply with respect to a claim arising after the date of the enactment of this Act [Dec. 19, 2014]."

§44310. Ending effective date
(a) In General.—The authority of the Secretary of Transportation to provide insurance and reinsurance under any provision of this chapter other than section
44305 is not effective after December 11, 2014.
(b) Insurance of United States Government Property.—The authority of the Secretary of Transportation to provide insurance and reinsurance for a
department, agency, or instrumentality of the United States Government under section 44305 is not effective after September 30, 2023.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 105–85, div. A, title X, §1088(a), Nov. 18, 1997, 111 Stat. 1921; Pub. L. 105–137, §5(a), Dec. 2,
1997, 111 Stat. 2641; Pub. L. 105–277, div. C, title I, §110(c)(2), Oct. 21, 1998, 112 Stat. 2681–588; Pub. L. 106–6, §6, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–
31, title VI, §6002(f), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title VII, §711, Apr. 5, 2000, 114 Stat. 160; Pub. L. 108–11, title IV, §4001(c), Apr. 16, 2003,
117 Stat. 606; Pub. L. 108–176, title I, §106(d), Dec. 12, 2003, 117 Stat. 2499; Pub. L. 110–181, div. A, title III, §378, Jan. 28, 2008, 122 Stat. 85; Pub. L. 113–
46, div. A, §154, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–66, div. A, title X, §1093, Dec. 26, 2013, 127 Stat. 878; Pub. L. 113–76, div. L, title I, §119E(c), Jan.
17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(c), Sept. 19, 2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(c), Dec. 16, 2014, 128 Stat. 2767; Pub. L. 114–
328, div. A, title X, §1046, Dec. 23, 2016, 130 Stat. 2395; Pub. L. 116–92, div. A, title III, §374, Dec. 20, 2019, 133 Stat. 1332.)
Historical and Revision Notes
Revised
Section
44310

Source (U.S. Code)
49 App.:1542.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1312, 72
Stat. 806; July 20, 1961, Pub. L. 87–89, 75
Stat. 210; June 13, 1966, Pub. L. 89–447,
80 Stat. 199; Sept. 8, 1970, Pub. L. 91–

399, 84 Stat. 837; Aug. 9, 1975, Pub. L.
94–90, §2, 89 Stat. 439; July 31, 1976,
Pub. L. 94–374, 90 Stat. 1065; Nov. 9,
1977, Pub. L. 95–163, §6, 91 Stat. 1280;
Oct. 14, 1982, Pub. L. 97–309, §3, 96 Stat.
1453; Oct. 30, 1987, Pub. L. 100–148, 101
Stat. 878; Oct. 31, 1992, Pub. L. 102–581,
§402, 106 Stat. 4897.

The words "is not effective after" are substituted for "shall expire at the termination of" for clarity and consistency in the revised title.
Editorial Notes

Amendments
2019—Subsec. (b). Pub. L. 116–92 substituted "September 30, 2023" for "December 31, 2019".
2016—Subsec. (b). Pub. L. 114–328 substituted "December 31, 2019" for "December 31, 2018".
2014—Subsec. (a). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing

Appropriations Resolution, 2015".
Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30,
2014".
Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014".
2013—Pub. L. 113–66 designated existing provisions as subsec. (a) and inserted heading, substituted "any provision of this chapter other than
section 4430" for "this chapter", and added subsec. (b).
Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for "December 31, 2013".
2008—Pub. L. 110–181 substituted "December 31, 2013" for "March 30, 2008".
2003—Pub. L. 108–176 substituted "March 30, 2008" for "December 31, 2004".
Pub. L. 108–11, substituted "2004" for "2003".
2000—Pub. L. 106–181 substituted "after December 31, 2003." for "after August 6, 1999."
1999—Pub. L. 106–31 substituted "August 6, 1999" for "May 31, 1999".
Pub. L. 106–6 substituted "May" for "March".
1998—Pub. L. 105–277 substituted "March 31, 1999" for "December 31, 1998".
1997—Pub. L. 105–137 substituted "December 31, 1998" for "September 30, 2002".
Pub. L. 105–85 substituted "September 30, 2002" for "September 30, 1997".
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Effective Date of 1997 Amendments

Pub. L. 105–137, §5(b), Dec. 2, 1997, 111 Stat. 2641, provided that: "The amendment made by subsection (a) [amending this section] takes
effect on October 1, 1997."
Pub. L. 105–85, div. A, title X, §1088(b), Nov. 18, 1997, 111 Stat. 1921, provided that: "This section [amending this section] shall take effect as
of September 30, 1997."

Continuation of Aviation Insurance Laws
Pub. L. 102–581, title IV, §404, Oct. 31, 1992, 106 Stat. 4898, provided that: "Notwithstanding any other provision of law, the provisions of title
XIII of the Federal Aviation Act of 1958 [now this chapter] and all insurance policies issued by the Secretary of Transportation under such title,
as in effect on September 30, 1992, shall be treated as having continued in effect until the date of the enactment of this Act [Oct. 31, 1992]."

CHAPTER 445—FACILITIES, PERSONNEL, AND RESEARCH
Sec.

44501.
44502.
44503.
44504.
44505.
44506.
44507.
44508.
44509.
44510.
44511.
44512.
44513.
44514.
44515.
44516.
44517.
44518.
44519.

Plans and policy.
General facilities and personnel authority.
Reducing nonessential expenditures.
Improved aircraft, aircraft engines, propellers, and appliances.
Systems, procedures, facilities, and devices.
Air traffic controllers.
Regions and centers.
Research advisory committee.
Demonstration projects.
Airway science curriculum grants.
Aviation research grants.
Catastrophic failure prevention research grants.
Regional centers of air transportation excellence.
Flight service stations.
Advanced training facilities for maintenance technicians for air carrier aircraft.
Human factors program.
Program to permit cost sharing of air traffic modernization projects.
Advanced Materials Center of Excellence.
Certification personnel continuing education and training.
Editorial Notes

Amendments
2020—Pub. L. 116–260, div. V, title I, §112(b), Dec. 27, 2020, 134 Stat. 2332, added item 44519.
2018—Pub. L. 115–254, div. B, title V, §524(b), title VII, §762(b), Oct. 5, 2018, 132 Stat. 3364, 3428, substituted "Regions and centers" for "Civil

aeromedical research" in item 44507 and added item 44518.
2003—Pub. L. 108–176, title I, §183(b), Dec. 12, 2003, 117 Stat. 2517, added item 44517.
2000—Pub. L. 106–181, title VII, §713(c), Apr. 5, 2000, 114 Stat. 161, added item 44516.

§44501. Plans and policy
(a) Long Range Plans and Policy Requirements.—The Administrator of the Federal Aviation Administration shall make long range plans and policy for the
orderly development and use of the navigable airspace, and the orderly development and location of air navigation facilities, that will best meet the needs of, and

serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military
concern.
(b) Airway Capital Investment Plan.—The Administrator of the Federal Aviation Administration shall review, revise, and publish a national airways system
plan, known as the Airway Capital Investment Plan, before the beginning of each fiscal year. The plan shall set forth—
(1) for a 10-year period, the research, engineering, and development programs and the facilities and equipment that the Administrator considers necessary
for a system of airways, air traffic services, and navigation aids that will—
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of Defense establishes for the support of the national defense; and
(C) provide the highest degree of safety in air commerce;
(2) for the first and 2d years of the plan, detailed annual estimates of—
(A) the number, type, location, and cost of acquiring, operating, and maintaining required facilities and services;
(B) the cost of research, engineering, and development required to improve safety, system capacity, and efficiency; and
(C) personnel levels required for the activities described in subclauses (A) and (B) of this clause;
(3) for the 3d, 4th, and 5th years of the plan, estimates of the total cost of each major program for the 3-year period, and additional major research
programs, acquisition of systems and facilities, and changes in personnel levels that may be required to meet long range objectives and that may have
significant impact on future funding requirements;
(4) a 10-year investment plan that considers long range objectives that the Administrator considers necessary to—
(A) ensure that safety is given the highest priority in providing for a safe and efficient airway system; and
(B) meet the current and projected growth of aviation and the requirements of interstate commerce, the United States Postal Service, and the national
defense; and
(5) a list of capital projects that are part of the Next Generation Air Transportation System and funded by amounts appropriated under section 48101(a).
(c) National Aviation Research Plan.—(1) The Administrator of the Federal Aviation Administration shall prepare and publish annually a national aviation
research plan and submit the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of
Representatives. The plan shall be submitted not later than the date of submission of the President's budget to Congress.
(2)(A) The plan shall describe, for a 5-year period, the research, engineering, and development that the Administrator of the Federal Aviation Administration
considers necessary—
(i) to ensure the continued capacity, safety, and efficiency of aviation in the United States, considering emerging technologies and forecasted needs of civil
aeronautics; and
(ii) to provide the highest degree of safety in air travel.
(B) The plan shall—
(i) provide estimates by year of the schedule, cost, and work force levels for each active and planned major research and development project under
sections 40119,1 44504, 44505, 44507, 44509, 44511–44513, and 44912 of this title, including activities carried out under cooperative agreements with other
Federal departments and agencies;
(ii) specify the goals and the priorities for allocation of resources among the major categories of research and development activities, including the rationale
for the priorities identified;
(iii) identify the allocation of resources among long-term research, near-term research, and development activities;
(iv) identify the individual research and development projects in each funding category that are described in the annual budget request;
(v) highlight the research and development activities that address specific recommendations of the research advisory committee established under section
44508 of this title, and document the recommendations of the committee that are not accepted, specifying the reasons for nonacceptance; and
(vi) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia
through the Stevenson-Wydler Technology Innovation Act of 1980.

(3) Subject to section 40119(b) 1 of this title and regulations prescribed under section 40119(b),1 the Administrator of the Federal Aviation Administration shall
submit to the committees named in paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal
year, including a description of the dissemination to the private sector of research results and a description of any new technologies developed. The report shall
be submitted with the plan required under paragraph (1) and be organized to allow comparison with the plan in effect for the prior fiscal year. The report shall be
prepared in accordance with requirements of section 1116 of title 31.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 104–264, title XI, §1105, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 104–287, §5(74), Oct. 11, 1996, 110
Stat. 3396; Pub. L. 106–181, title IX, §902(a), Apr. 5, 2000, 114 Stat. 195; Pub. L. 112–95, title I, §105, Feb. 14, 2012, 126 Stat. 17.)
Historical and Revision Notes
Revised
Section
44501(a)

49 App.:1353(a).

49 App.:1655(c)(1).

44501(b)

49 App.:2203(b).

44501(c)

49 App.:1353(d).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §312(a), 72
Stat. 752.
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.
Sept. 3, 1982, Pub. L. 97–248, §504(b), 96
Stat. 675; Nov. 5, 1990, Pub. L. 101–508,
§9105(a), 104 Stat. 1388–355; Oct. 31,
1992, Pub. L. 102–581, §114, 106 Stat.
4881.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(d); added Nov. 3, 1988, Pub. L. 100–
591, §4(a), 102 Stat. 3011.

In subsection (a), the word "Administrator" in section 312(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on
authority of 49:106(g). The words "air navigation facilities" are substituted for "landing areas, Federal airways, radar installations and all other
aids and facilities for air navigation" because of the definition of "air navigation facility" in section 40102(a) of the revised title. The words "the
armed forces" are substituted for "military agencies" because of 10:101.
In subsection (b), before clause (1), the words "the requirements of" are omitted as surplus. The text of 49 App.:2203(b) (1st sentence) is
omitted as executed. The words "thereafter" and "For fiscal year 1991 and thereafter" are omitted as obsolete. In clauses (2)(C) and (3), the
word "personnel" is substituted for "manpower" for consistency in the revised title. In clause (2)(C), the word "all" is omitted as surplus.
In subsection (c), before clause (1), the word "completed" is omitted as surplus.
In subsection (d)(1), the words "review, revise" are omitted as surplus. The word "annually" is substituted for "for fiscal year 1990, and for
each fiscal year thereafter" to eliminate obsolete language.
In subsection (d)(2)(B), before clause (i), the words "an appropriation" are substituted for "funding", and in clause (ii), the word
"appropriations" is substituted for "funding", for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (d)(3), the words "beginning with the date of transmission of the first aviation research plan as required by paragraph (1)" are
omitted as obsolete.
Editorial Notes

References in Text
Section 40119 of this title, referred to in subsec. (c)(2)(B)(i), (3), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132
Stat. 3627.

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(2)(B)(vi), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311,
as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to
the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

Amendments
2012—Subsec. (b)(5). Pub. L. 112–95 added par. (5).
2000—Subsec. (c)(2)(B)(iv) to (vi). Pub. L. 106–181, §902(a)(1), added cls. (iv) and (vi) and redesignated former cl. (iv) as (v).
Subsec. (c)(3). Pub. L. 106–181, §902(a)(2), inserted at end "The report shall be prepared in accordance with requirements of section 1116 of
title 31."
1996—Subsec. (c)(1). Pub. L. 104–287 substituted "Committee on Science" for "Committee on Science, Space, and Technology".
Subsec. (c)(2)(A). Pub. L. 104–264, §1105(1), substituted "5-year period" for "15-year period".
Subsec. (c)(2)(B). Pub. L. 104–264, §1105(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set out the requirements for

research plans including specific requirements for the first two years of the plan, for the 3rd, 4th, and 5th years, and for the 6th and
subsequent years.
Subsec. (c)(3). Pub. L. 104–264, §1105(3), inserted ", including a description of the dissemination to the private sector of research results and
a description of any new technologies developed" after "during the prior fiscal year".
Statutory Notes and Related Subsidiaries

Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth
Congress, Jan. 5, 2011.

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Consolidation and Realignment of FAA Services and Facilities
Pub. L. 112–95, title VIII, §804, Feb. 14, 2012, 126 Stat. 119, as amended by Pub. L. 115–254, div. B, title V, §§510, 545(b)(2), Oct. 5, 2018, 132
Stat. 3355, 3376, provided that:
"(a) National Facilities Realignment and Consolidation Report.—
"(1) In general.—The Administrator of the Federal Aviation Administration shall develop a report, to be known as the National Facilities

Realignment and Consolidation Report, in accordance with the requirements of this subsection.
"(2) Purpose.—The purpose of the report shall be to reduce capital, operating, maintenance, and administrative costs of the FAA where
such cost reductions can be implemented without adversely affecting safety.
"(3) Contents.—The report shall include—

"(A) recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of
the FAA; and
"(B) for each of the recommendations, a description of—
"(i) the Administrator's justification;
"(ii) the projected costs and savings; and
"(iii) the proposed timing for implementation.
"(4) Input.—The report shall be prepared by the Administrator (or the Administrator's designee) with the participation of—
"(A) representatives of labor organizations representing air traffic control system employees of the FAA; and
"(B) industry stakeholders.
"(5) Submission to congress.—Not later than 120 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall
submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
"(6) Public notice and comment.—The Administrator shall publish the report in the Federal Register and allow 45 days for the
submission of public comments.
"(b) Report to Congress Containing Recommendations of Administrator.—Not later than 60 days after the last day of the period for public
comment under subsection (a)(6), the Administrator shall submit to the committees specified in subsection (a)(5)—
"(1) a report containing the recommendations of the Administrator on realignment and consolidation of services and facilities (including
regional offices) of the FAA; and
"(2) copies of any public comments received by the Administrator under subsection (a)(6).
"(c) Realignment and Consolidation of FAA Services and Facilities.—Except as provided in subsection (d), the Administrator shall realign and
consolidate the services and facilities of the FAA in accordance with the recommendations included in the report submitted under subsection
(b).
"(d) Congressional Disapproval.—
"(1) In general.—The Administrator may not carry out a recommendation for realignment or consolidation of services or facilities of the
FAA that is included in the report submitted under subsection (b) if a joint resolution of disapproval is enacted disapproving such
recommendation before the earlier of—
"(A) the last day of the 30-day period beginning on the date of submission of the report; or
"(B) the adjournment of Congress sine die for the session during which the report is transmitted.
"(2) Computation of 30-day period.—For purposes of paragraph (1)(A), the days on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain shall be excluded in computation of the 30-day period.
"(e) Military Operations Exclusion.—
"(1) In general.—The Administrator may not realign or consolidate a combined TRACON and tower with radar facility of the FAA under
this section if, in 2015, the total annual military operations at the facility comprised at least 40 percent of the total annual TRACON
operations at the facility.
"(2) TRACON defined.—In this subsection, the term 'TRACON' means terminal radar approach control.
"(f) Definitions.—In this section, the following definitions apply:
"(1) FAA.—The term 'FAA' means the Federal Aviation Administration.
"(2) Realignment; consolidation.—
"(A) In general.—The terms 'realignment' and 'consolidation' include any action that—
"(i) relocates functions, services, or personnel positions;
"(ii) discontinues or severs existing facility functions or services; or
"(iii) combines the results described in clauses (i) and (ii).
"(B) Exclusion.—The terms do not include a reduction in personnel resulting from workload adjustments."
[Section 545(b)(2) of Pub. L. 115–254, which directed amendment of section 804 of Pub. L. 112–95, set out above, by substituting "Chief
Technology Officer" for "Chief NextGen Officer" in subsec. (a)(4)(A), could not be executed because the words "Chief NextGen Officer" did not
appear after the intervening amendment of subsec. (a)(4) by section 510(a)(2) of Pub. L. 115–254.]

Program Authorizations
Pub. L. 112–95, title IX, §901(c), Feb. 14, 2012, 126 Stat. 137, provided that: "From the other accounts described in the national aviation
research plan required under section 44501(c) of title 49, United States Code, the following research and development activities are authorized:
"(1) Runway Incursion Reduction.
"(2) System Capacity, Planning, and Improvement.
"(3) Operations Concept Validation.
"(4) NAS Weather Requirements.
"(5) Airspace Management Program.
"(6) NextGen—Air Traffic Control/Technical Operations Human Factors.
"(7) NextGen—Environment and Energy—Environmental Management System and Advanced Noise and Emissions Reduction.
"(8) NextGen—New Air Traffic Management Requirements.
"(9) NextGen—Operations Concept Validation—Validation Modeling.
"(10) NextGen—System Safety Management Transformation.
"(11) NextGen—Wake Turbulence—Recategorization.
"(12) NextGen—Operational Assessments.
"(13) NextGen—Staffed NextGen Towers.
"(14) Center for Advanced Aviation System Development.
"(15) Airports Technology Research Program—Capacity.
"(16) Airports Technology Research Program—Safety.
"(17) Airports Technology Research Program—Environment.
"(18) Airport Cooperative Research—Capacity.
"(19) Airport Cooperative Research—Environment.
"(20) Airport Cooperative Research—Safety."
1 See References in Text note below.

§44502. General facilities and personnel authority
(a) General Authority.—(1) The Administrator of the Federal Aviation Administration may—
(A) acquire, establish, improve, operate, and maintain air navigation facilities; and
(B) provide facilities and personnel to regulate and protect air traffic.
(2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection
shall be charged to amounts available for that purpose appropriated under section 48101(a) of this title. The Secretary of Transportation may make an
agreement with an airport owner or sponsor (as defined in section 47102 of this title) so that the owner or sponsor will provide the work and be paid or
reimbursed by the Secretary from the appropriated amounts.
(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power
under this subsection with the consent of the head of the department, agency, or instrumentality.
(4) Purchase of instrument landing system.—
(A) Establishment of program.—The Secretary shall purchase precision approach instrument landing system equipment for installation at airports on an
expedited basis.
(B) Authorization.—No less than $30,000,000 of the amounts appropriated under section 48101(a) for each of fiscal years 2000 through 2002 shall be
used for the purpose of carrying out this paragraph, including acquisition under new or existing contracts, site preparation work, installation, and related
expenditures.

(5) Improvements on leased properties.—The Administrator may make improvements to real property leased for no or nominal consideration for an air
navigation facility, regardless of whether the cost of making the improvements exceeds the cost of leasing the real property, if—
(A) the improvements primarily benefit the Government;
(B) the improvements are essential for accomplishment of the mission of the Federal Aviation Administration; and
(C) the interest of the United States Government in the improvements is protected.
(b) Certification of Necessity.—Except for Government money expended under this part or for a military purpose, Government money may be expended
to acquire, establish, construct, operate, repair, alter, or maintain an air navigation facility only if the Administrator of the Federal Aviation Administration certifies
in writing that the facility is reasonably necessary for use in air commerce or for the national defense. An interested person may apply for a certificate for a facility
to be acquired, established, constructed, operated, repaired, altered, or maintained by or for the person.
(c) Ensuring Conformity With Plans and Policies.—(1) To ensure conformity with plans and policies for, and allocation of, airspace by the Administrator
of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport, military landing area, or missile or rocket site may be acquired,
established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior
notice so that the Administrator of the Federal Aviation Administration may advise the appropriate committees of Congress and interested departments,
agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A
disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the Administrator of the National Aeronautics
and Space Administration may be appealed to the President for a final decision.
(2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may
be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide
advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft.
(d) Public Use and Emergency Assistance.—(1) The head of a department, agency, or instrumentality of the Government having jurisdiction over an air
navigation facility owned or operated by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for
public use of the facility.
(2) The head of a department, agency, or instrumentality of the Government having jurisdiction over an airport or emergency landing field owned or operated
by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for assistance, and the sale of fuel, oil,
equipment, and supplies, to an aircraft, but only when necessary, because of an emergency, to allow the aircraft to continue to the nearest airport operated by
private enterprise. The head of the department, agency, or instrumentality shall provide for the assistance and sale at the prevailing local fair market value as
determined by the head of the department, agency, or instrumentality. An amount that the head decides is equal to the cost of the assistance provided and the
fuel, oil, equipment, and supplies sold shall be credited to the appropriation from which the cost was paid. The balance shall be credited to miscellaneous
receipts.
(e) Transfers of Air Traffic Systems.—
(1) In general.—An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration, an eligible air traffic system or
equipment that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport
improvement project grant was used to assist in purchasing the system or equipment.
(2) Acceptance.—The Administrator shall accept the eligible air traffic system or equipment and operate and maintain it under criteria of the Administrator.
(3) Definition.—In this subsection, the term "eligible air traffic system or equipment" means—
(A) an instrument landing system consisting of a glide slope and localizer (if the Administrator has determined that a satellite navigation system cannot
provide a suitable approach to an airport);
(B) an Automated Weather Observing System weather observation system; or
(C) a Remote Communication Air/Ground and Remote Communication Outlet communications facility.
(f) Airport Space.—
(1) Restriction.—The Administrator may not require an airport owner or sponsor (as defined in section 47102) to provide to the Federal Aviation
Administration without cost any of the following:
(A) Building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting.
(B) Space in a facility owned by the airport owner or sponsor for services relating to air traffic control, air navigation, or weather reporting.
(2) Rule of construction.—Nothing in this subsection may be construed to affect—

(A) any agreement the Secretary may have or make with an airport owner or sponsor for the airport owner or sponsor to provide any of the items
described in paragraph (1)(A) or (1)(B) at below-market rates; or
(B) any grant assurance that requires an airport owner or sponsor to provide land to the Administration without cost for an air traffic control facility.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1175; Pub. L. 103–305, title I, §120(a), Aug. 23, 1994, 108 Stat. 1581; Pub. L. 103–429, §6(54), Oct. 31, 1994,
108 Stat. 4385; Pub. L. 104–287, §5(75), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106–181, title I, §153, title VII, §712, Apr. 5, 2000, 114 Stat. 87, 160; Pub. L.
115–254, div. B, title I, §147, Oct. 5, 2018, 132 Stat. 3213.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
44502(a)(1)

Source (U.S. Code)
49 App.:1348(b) (1st sentence less
cl. (3)).

49 App.:1655(c)(1).

44502(a)(2)

49 App.:2205(a)(3).

44502(a)(3)
44502(b)

49 App.:1348(b) (2d sentence).
49 App.:1349(a) (1st, 2d sentences).

44502(c)(1)

44502(c)(2)

44502(d)
44502(e)
44502(f)

49 App.:1655(c)(1).
49 App.:1349(b).
49 App.:1655(c)(1).
49 App.:1350.
49 App.:1655(c)(1).
49 App.:1507.
49 App.:1743.
49 App.:2205 (notes).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §307(b) (1st
sentence less cl. (3), 2d sentence), 72
Stat. 750; Jan. 12, 1983, Pub. L. 97–449,
§4(c), 96 Stat. 2442.
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.
Sept. 3, 1982, Pub. L. 97–248, §506(a)(3), 96
Stat. 677; Dec. 30, 1987, Pub. L. 100–223,
§105(a)(1), (g)(1), 101 Stat. 1489, 1494.
Aug. 23, 1958, Pub. L. 85–726, §§308(a)
(1st, 2d sentences), (b), 309, 1107, 72
Stat. 750, 751, 798.

Aug. 11, 1959, Pub. L. 86–154, 73 Stat. 333.
Nov. 21, 1989, Pub. L. 101–164, §331, 103
Stat. 1097.
Nov. 5, 1990, Pub. L. 101–516, §324, 104
Stat. 2182.
Oct. 28, 1991, Pub. L. 102–143, §324, 105
Stat. 943.
Oct. 6, 1992, Pub. L. 102–388, §324, 106
Stat. 1547.

In this section, the words "department, agency, or instrumentality of the United States Government" are substituted for "Federal department
or agency" in 49 App.:1348(b), "agencies" in 49 App.:1349(b), and "department or other agency" and "Government department or other
agency" in 49 App.:1507 for consistency in the revised title and with other titles of the United States Code.
In subsections (a)(1), (b), and (c), the word "Administrator" in sections 303(c) (1st sentence), 307(b), 308(a) (1st and 2d sentences) and (b),
and 309 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750, 751) is retained on authority of 49:106(g).

In subsection (a)(1), before clause (A), the words "within the limits of available appropriations made by the Congress" are omitted as
surplus. In clause (A), the words "wherever necessary" are omitted as surplus. In clause (B), the word "necessary" is omitted as surplus.
In subsection (a)(2), the words "by the Secretary" and "to the Secretary" are omitted as surplus. The last sentence is substituted for 49
App.:2205(a)(3) (last sentence) to eliminate unnecessary words.
In subsection (a)(3), the words "subject to such regulations, supervision, and review as he may prescribe" are omitted because of 49:322(a).
The words "from time to time make such provision as he shall deem appropriate" are omitted as surplus. The words "duty or power" are
substituted for "function" for consistency in the revised title and with other titles of the Code. The words "the head of" are added for clarity and
consistency.
In subsection (b), the words "(whether or not in cooperation with State or other local governmental agencies)" and "thereon" are omitted as
surplus. The words "landing area" are omitted as being included in the definition of "air navigation facility" in section 40102(a) of the revised
title. The words "recommendation and" are omitted as surplus. The words "under regulations prescribed by him" are omitted because of
49:322(a). The word "proposed" is omitted as surplus. The word "acquired" is added for consistency in this subsection.
In subsection (c)(1), the words "In order", "layout", and "In case of . . . the matter" are omitted as surplus. The words "Secretary of Defense"
are substituted for "Department of Defense" because of 10:133(a). The words "the Administrator of" are added because of 42:2472(a).
In subsection (c)(2), the word "layout" is omitted as surplus. The words "pursuant to regulations prescribed by him" are omitted because of
49:322(a). The words "the establishment, building, or alteration" are substituted for "such construction" for clarity and consistency in this
section.
In subsection (d)(1), the words "under such conditions and to such extent as . . . deems advisable and" are omitted as surplus. The word
"provide" is substituted for "be made available", and the words "of the facility" are added, for clarity.
In subsection (d)(2), the words "All amounts received under this subsection shall be covered into the Treasury" are omitted because of
31:3302(b). The words "services, shelter . . . other" and "if any" are omitted as surplus.
In subsection (e), the words "or compact" are omitted as surplus. The words "or States" are omitted because of 1:1. The text of 49
App.:1743 (last sentence) is omitted as surplus.
In subsection (f), the words "Notwithstanding any other provision of law" and "thereafter" are omitted as surplus.
Pub. L. 103–429

This amends 49:44502(b) to clarify the restatement of 49 App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5, 1994 (Public Law
103–272, 108 Stat. 1175).
Pub. L. 104–287,

§5(75)(A)

This amends 49:44502(c)(1) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108

Stat. 1175).

Pub. L. 104–287,

§5(75)(B)

This strikes 49:44502(e) and redesignates 49:44502(f) as 49:44502(e) because of the restatement of former 49:44502(e) as 49:40121.
Editorial Notes

Amendments
2018—Subsec. (e). Pub. L. 115–254, §147(1), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows:
"An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration an instrument landing system (and
associated approach lighting equipment and runway visual range equipment) that conforms to performance specifications of the Administrator
if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing
the system. The Administrator shall accept the system and operate and maintain it under criteria of the Administrator."
Subsec. (f). Pub. L. 115–254, §147(2), added subsec. (f).

2000—Subsec. (a)(4)(B). Pub. L. 106–181, §153, substituted "each of fiscal years 2000 through 2002" for "each of fiscal years 1995 and 1996"
and inserted "under new or existing contracts" after "including acquisition".
Subsec. (a)(5). Pub. L. 106–181, §712, added par. (5).
1996—Subsec. (c)(1). Pub. L. 104–287, §5(75)(A), substituted "To ensure" for "To ensure that".
Subsecs. (e), (f). Pub. L. 104–287, §5(75)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows:
"(e) Consent of Congress.—Congress consents to a State making an agreement, not in conflict with a law of the United States, with another
State to develop or operate an airport facility."
1994—Subsec. (a)(4). Pub. L. 103–305 added par. (4).
Subsec. (b). Pub. L. 103–429 inserted "Government" before "money may be expended".
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

High Performance, Sustainable, and Cost-Effective Air Traffic Control Facilities
Pub. L. 112–95, title V, §508, Feb. 14, 2012, 126 Stat. 106, provided that: "The Administrator of the Federal Aviation Administration may
implement, to the extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other
measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption at,
improve the environmental performance of, and reduce the cost of maintenance for such facilities."

Strategy for Staffing, Hiring, and Training Flight Standards and Aircraft Certification Staff
Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 401, provided in part: "That not later than March 31 of each fiscal year hereafter, the
Administrator [of the Federal Aviation Administration] shall transmit to Congress a companion report that describes a comprehensive strategy
for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring goals by fiscal year".
Similar provisions were contained in the following appropriation acts:
Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 691.
Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1830.
Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2940.
Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 977.
Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 730.
Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2839.
Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2700.
Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 578.
Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 646.
Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat. 3040.

Pilot Program for Innovative Financing of Air Traffic Control Equipment

Pub. L. 108–176, title I, §182, Dec. 12, 2003, 117 Stat. 2515, as amended by Pub. L. 113–188, title XV, §1501(d), Nov. 26, 2014, 128 Stat. 2024,
provided that:
"(a) In General.—In order to test the cost effectiveness and feasibility of long-term financing of modernization of major air traffic control
systems, the Administrator of the Federal Aviation Administration may establish a pilot program to test innovative financing techniques through
amending, subject to section 1341 of title 31, United States Code, a contract for more than one, but not more than 20, fiscal years to purchase and
install air traffic control equipment for the Administration. Such amendments may be for more than one, but not more than 10, fiscal years.
"(b) Cancellation.—A contract described in subsection (a) may include a cancellation provision if the Administrator determines that such a
provision is necessary and in the best interest of the United States. Any such provision shall include a cancellation liability schedule that
covers reasonable and allocable costs incurred by the contractor through the date of cancellation plus reasonable profit, if any, on those costs.
Any such provision shall not apply if the contract is terminated by default of the contractor.
"(c) Contract Provisions.—If feasible and practicable for the pilot program, the Administrator may make an advance contract provision to
achieve economic-lot purchases and more efficient production rates.
"(d) Limitation.—The Administrator may not amend a contract under this section until the program for the terminal automation replacement
systems has been rebaselined in accordance with the acquisition management system of the Administration.
"(e) Funding.—Out of amounts appropriated under section 48101 [probably means section 48101 of title 49, United States Code] for fiscal year
2004, such sums as may be necessary shall be available to carry out this section."

Enhanced Vision Technologies
Pub. L. 106–181, title I, §124, Apr. 5, 2000, 114 Stat. 75, provided that:
"(a) Study.—The Administrator [of the Federal Aviation Administration] shall enter into a cooperative research and development agreement

to study the benefits of utilizing enhanced vision technologies to replace, enhance, or add to conventional airport approach and runway lighting
systems.
"(b) Report.—Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress
a progress report on the work accomplished under the cooperative agreements detailing the evaluations performed to determine the potential
of enhanced vision technology to meet the operational requirements of the intended application.
"(c) Certification.—Not later than 180 days after the conclusion of work under the research agreements, the Administrator shall transmit to
Congress a report on the potential of enhanced vision technology to satisfy the operational requirements of the Federal Aviation Administration
and a schedule for the development of performance standards for certification appropriate to the application of the enhanced vision
technologies. If the Administrator certifies an enhanced vision technology as meeting such performance standards, the technology shall be
treated as a navigation aid or other aid for purposes of section 47102(3)(B)(i) of title 49, United States Code."

Transfer by Airports of Instrument Landing Systems and Associated Equipment to Federal Aviation
Administration
Pub. L. 109–115, div. A, title I, §101, Nov. 30, 2005, 119 Stat. 2401, which provided that airports may transfer to the Federal Aviation
Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment)
which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport
development aid program or airport improvement program grant, provided that the FAA accept such equipment and operate and maintain it in
accordance with agency criteria, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent
Agencies Appropriations Act, 2006, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 108–447, div. H, title I, §101, Dec. 8, 2004, 118 Stat. 3203.
Pub. L. 108–199, div. F, title I, §101, Jan. 23, 2004, 118 Stat. 284.
Pub. L. 108–7, div. I, title III, §313, Feb. 20, 2003, 117 Stat. 410.
Pub. L. 107–87, title III, §313, Dec. 18, 2001, 115 Stat. 858.
Pub. L. 106–346, §101(a) [title III, §314], Oct. 23, 2000, 114 Stat. 1356, 1356A-27.

Pub. L. 106–69, title III, §314, Oct. 9, 1999, 113 Stat. 1018.
Pub. L. 105–277, div. A, §101(g) [title III, §314], Oct. 21, 1998, 112 Stat. 2681–439, 2681-468.
Pub. L. 105–66, title III, §314, Oct. 27, 1997, 111 Stat. 1443.
Pub. L. 104–205, title III, §314, Sept. 30, 1996, 110 Stat. 2971.
Pub. L. 104–50, title III, §317, Nov. 15, 1995, 109 Stat. 455.
Pub. L. 103–331, title III, §317, Sept. 30, 1994, 108 Stat. 2491, repealed by Pub. L. 104–287, §7(4), Oct. 11, 1996, 110 Stat. 3400.

Cost Savings Associated With Purchase
Pub. L. 103–305, title I, §120(b), Aug. 23, 1994, 108 Stat. 1581, provided that: "Notwithstanding other provisions of law or regulations to the
contrary, the Administrator [of the Federal Aviation Administration] shall establish, within 120 days after the date of the enactment of this Act
[Aug. 23, 1994], a process through which airport sponsors may take advantage of cost savings associated with the purchase and installation
of instrument landing systems, along with associated equipment, under existing or future Federal Aviation Administration contracts. The
process established by the Administrator may provide for the direct reimbursement (including administrative costs) of the Administrator by an
airport sponsor using grants funds under subchapter I of chapter 471 of subtitle VII of title 49, United States Code, relating to airport improvement,
for the ordering of such equipment and installation or for the direct ordering of such equipment and installation by an airport sponsor, using
such grant funds, from the suppliers with which the Administrator has contracted."

Grandfather Provision for FAA Demonstration Project
Pub. L. 103–260, title IV, §401, May 26, 1994, 108 Stat. 702, provided that:
"(a) In general.—Notwithstanding the termination of the personnel demonstration project for certain Federal Aviation Administration
employees on June 17, 1994, pursuant to section 4703 of title 5, United States Code, the Federal Aviation Administration, subject to subsection (d),

shall continue to pay quarterly retention allowance payments in accordance with subsection (b) to those employees who are entitled to
quarterly retention allowance payments under the demonstration project as of June 16, 1994.
"(b) Computation Rules.—
"(1) In general.—The amount of each quarterly retention allowance payment to which an employee is entitled under subsection (a) shall
be the amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to
June 17, 1994, reduced by that portion of the amount of any increase in the employee's annual rate of basic pay subsequent to June 17,
1994, from any source, which is allocable to the quarter for which the allowance is to be paid (or, if applicable, to that portion of the quarter
for which the allowance is to be paid). For purposes of the preceding sentence, the increase in an employee's annual rate of basic pay
includes—
"(A) any increase under section 5303 of title 5, United States Code;
"(B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or to the extent that, such
increase is offset by a reduction of an interim geographic adjustment under section 302 of the Federal Employees Pay Comparability Act
of 1990 (5 U.S.C. 5304 note));
"(C) any establishment or increase in a special rate of pay under section 5305 of such title 5;
"(D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5;
"(E) any periodic step-increase under section 5335 of such title 5;
"(F) any additional step-increase under section 5336 of such title 5; and
"(G) any other increase in annual rate of basic pay under any other provision of law.
"(2) Section rule.—In the case of an employee on leave without pay or other similar status for any part of the quarter prior to June 17,
1994, based on which the amount of the allowance payments for such employee under subsection (a) are computed, the 'amount of the last
quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994' shall, for
purposes of paragraph (1), be deemed to be the amount of the allowance which would have been payable to such employee for such
quarter under such project had such employee been in pay status throughout such quarter.
"(c) Termination.—An employee's entitlement to quarterly retention allowance payments under this section shall cease when—
"(1) the amount of such allowance is reduced to zero under subsection (b), or

"(2) the employee separates or moves to a position in which the employee would not, prior to June 17, 1994, have been entitled to
receive an allowance under the demonstration project,
whichever is earlier.
"(d) Special Payment Rule.—The Administrator of the Federal Aviation Administration may make payment for the costs incurred under the
program established by subsection (a) for the period between June 18, 1994, and September 30, 1994, following the end of the first full pay
period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995.
"(e) Study of Recruitment and Retention Incentives.—The Administrator of the Federal Aviation Administration shall conduct a study of
impediments that may exist to achieving appropriate air traffic controller staffing levels at hard-to-staff facilities. In conducting such study, the
Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in
recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days
after the date of enactment of this Act [May 26, 1994] a report on (1) the results of such study, (2) planned administrative actions, and (3) any
recommended legislation."

§44503. Reducing nonessential expenditures
The Secretary of Transportation shall attempt to reduce the capital, operating, maintenance, and administrative costs of the national airport and airway system
to the maximum extent practicable consistent with the highest degree of aviation safety. At least annually, the Secretary shall consult with and consider the
recommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give
particular attention to a recommendation that may reduce, with no adverse effect on safety, future personnel requirements and costs to the Government required
to be recovered from user charges.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1176.)
Historical and Revision Notes
Revised
Section
44503

Source (U.S. Code)
49 App.:1704.

Source (Statutes at Large)
July 12, 1976, Pub. L. 94–353, §25, 90 Stat.
885.

The words "in accordance with this section" and "due" are omitted as surplus. The word "personnel" is substituted for "manpower" for
consistency in the revised title.

§44504. Improved aircraft, aircraft engines, propellers, and appliances
(a) Developmental Work and Service Testing.—The Administrator of the Federal Aviation Administration may conduct or supervise developmental work
and service testing to improve aircraft, aircraft engines, propellers, and appliances.
(b) Research.—The Administrator shall conduct or supervise research—
(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft,
including nonstructural aircraft systems, and air safety;
(2) to develop methods of analyzing and improving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures;
(3) to assess the fire and smoke resistance of aircraft material;
(4) to develop improved fire and smoke resistant material for aircraft interiors;
(5) to develop and improve fire and smoke containment systems for inflight aircraft fires;
(6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards;

(7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles
manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and
(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and
malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned
aircraft that would endanger other aircraft in the national airspace system.
(c) Authority To Buy Items Offering Special Advantages.—In carrying out this section, the Administrator, by negotiation or otherwise, may buy or
exchange experimental aircraft, aircraft engines, propellers, and appliances that the Administrator decides may offer special advantages to aeronautics.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1176; Pub. L. 106–181, title IX, §904, Apr. 5, 2000, 114 Stat. 196; Pub. L. 112–95, title IX, §903(a), Feb. 14,
2012, 126 Stat. 138.)
Historical and Revision Notes
Revised
Section
44504(a)

49 App.:1353(b) (1st sentence).

49 App.:1655(c)(1).

44504(b)

49 App.:1353(b) (2d sentence).

44504(c)

49 App.:1353(b) (last sentence)
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §312(b) (1st,
last sentences), 72 Stat. 752.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(b) (2d sentence); added Nov. 3,
1988, Pub. L. 100–591, §2, 102 Stat. 3011;
Nov. 5, 1990, Pub. L. 101–508, §9208(a),
104 Stat. 1388–376.

In this section, the word "Administrator" in section 312(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on
authority of 49:106(g).
In subsection (a), the words "to improve" are substituted for "such . . . as tends to the creation of improved" to eliminate unnecessary words.
Editorial Notes

Amendments
2012—Subsec. (b)(8). Pub. L. 112–95 added par. (8).
2000—Subsec. (b)(1). Pub. L. 106–181 inserted ", including nonstructural aircraft systems," after "life of aircraft".
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Alternative Fuel and Low-Emission Aviation Technology Program

Pub. L. 117–169, title IV, §40007, Aug. 16, 2022, 136 Stat. 2030, provided that:
"(a) Appropriation and Establishment.—For purposes of establishing a competitive grant program for eligible entities to carry out projects

located in the United States that produce, transport, blend, or store sustainable aviation fuel, or develop, demonstrate, or apply low-emission
aviation technologies, in addition to amounts otherwise available, there are appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, to remain available until September 30, 2026—
"(1) $244,530,000 for projects relating to the production, transportation, blending, or storage of sustainable aviation fuel;
"(2) $46,530,000 for projects relating to low-emission aviation technologies; and
"(3) $5,940,000 to fund the award of grants under this section, and oversight of the program, by the Secretary.
"(b) Considerations.—In carrying out subsection (a), the Secretary shall consider, with respect to a proposed project—
"(1) the capacity for the eligible entity to increase the domestic production and deployment of sustainable aviation fuel or the use of lowemission aviation technologies among the United States commercial aviation and aerospace industry;
"(2) the projected greenhouse gas emissions from such project, including emissions resulting from the development of the project, and
the potential the project has to reduce or displace, on a lifecycle basis, United States greenhouse gas emissions associated with air travel;
"(3) the capacity to create new jobs and develop supply chain partnerships in the United States;
"(4) for projects related to the production of sustainable aviation fuel, the projected lifecycle greenhouse gas emissions benefits from the
proposed project, which shall include feedstock and fuel production and potential direct and indirect greenhouse gas emissions (including
resulting from changes in land use); and
"(5) the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel, including the use of waste carbon oxides and direct
air capture.
"(c) Cost Share.—The Federal share of the cost of a project carried out using grant funds under subsection (a) shall be 75 percent of the
total proposed cost of the project, except that such Federal share shall increase to 90 percent of the total proposed cost of the project if the
eligible entity is a small hub airport or nonhub airport, as such terms are defined in section 47102 of title 49, United States Code.
"(d) Fuel Emissions Reduction Test.—For purposes of clause (ii) of subsection (e)(7)(E), the Secretary shall, not later than 2 years after the
date of enactment of this section [Aug. 16, 2022], adopt at least 1 methodology for testing lifecycle greenhouse gas emissions that meets the
requirements of such clause.
"(e) Definitions.—In this section:
"(1) Eligible entity.—The term 'eligible entity' means—
"(A) a State or local government, including the District of Columbia, other than an airport sponsor;
"(B) an air carrier;
"(C) an airport sponsor;
"(D) an accredited institution of higher education;
"(E) a research institution;
"(F) a person or entity engaged in the production, transportation, blending, or storage of sustainable aviation fuel in the United
States or feedstocks in the United States that could be used to produce sustainable aviation fuel;
"(G) a person or entity engaged in the development, demonstration, or application of low-emission aviation technologies; or
"(H) nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels, low-emission aviation technologies, or
other clean transportation research programs.
"(2) Feedstock.—The term 'feedstock' means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.
"(3) Induced land-use change values.—The term 'induced land-use change values' means the greenhouse gas emissions resulting from
the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for
which the original land was previously used.
"(4) Lifecycle greenhouse gas emissions.—The term 'lifecycle greenhouse gas emissions' means the combined greenhouse gas
emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock
to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change values.
"(5) Low-emission aviation technologies.—The term 'low-emission aviation technologies' means technologies, produced in the United
States, that significantly—

"(A) improve aircraft fuel efficiency;
"(B) increase utilization of sustainable aviation fuel; or
"(C) reduce greenhouse gas emissions produced during operation of civil aircraft.
"(6) Secretary.—The term 'Secretary' means the Secretary of Transportation.
"(7) Sustainable aviation fuel.—The term 'sustainable aviation fuel' means liquid fuel, produced in the United States, that—
"(A) consists of synthesized hydrocarbons;
"(B) meets the requirements of—
"(i) ASTM International Standard D7566; or
"(ii) the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);
"(C) is derived from biomass (in a similar manner as such term is defined in section 45K(c)(3) of the Internal Revenue Code of
1986 [26 U.S.C. 45K(c)(3)]), waste streams, renewable energy sources, or gaseous carbon oxides;
"(D) is not derived from palm fatty acid distillates; and
"(E) achieves at least a 50 percent lifecycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel, as
determined by a test that shows—
"(i) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle emissions
and the induced land-use change values under a lifecycle methodology for sustainable aviation fuels similar to that adopted by the
International Civil Aviation Organization with the agreement of the United States; or
"(ii) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle
greenhouse gas emissions values and the induced land-use change values under another methodology that the Secretary determines
is—
     "(I) reflective of the latest scientific understanding of lifecycle greenhouse gas emissions; and
     "(II) as stringent as the requirement under clause (i)."

Crash-Resistant Fuel Systems
Pub. L. 114–190, title II, §2105, July 15, 2016, 130 Stat. 620, provided that: "Not later than 1 year after the date of enactment of this Act [July
15, 2016], the Administrator of the Federal Aviation Administration shall evaluate and update, as necessary, standards for crash-resistant fuel
systems for civilian rotorcraft."

Aviation Fuel Research and Development Program
Pub. L. 112–95, title IX, §910, 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 [of the Federal Aviation

Administration], in coordination with the Administrator of NASA [National Aeronautics and Space Administration], shall continue research and
development activities into the qualification of an unleaded aviation fuel and safe transition to this fuel for the fleet of piston engine aircraft.
"(b) Requirements.—In carrying out the program under subsection (a), the Administrator shall, at a minimum—
"(1) not later than 120 days after the date of enactment of this Act [Feb. 14, 2012], develop a research and development plan containing
the specific research and development objectives, including consideration of aviation safety, technical feasibility, and other relevant factors,
and the anticipated timetable for achieving the objectives;
"(2) assess the methods and processes by which the FAA and industry may expeditiously certify and approve new aircraft and recertify
existing aircraft with respect to unleaded aviation fuel;
"(3) assess technologies that modify existing piston engine aircraft to enable safe operation of the aircraft using unleaded aviation fuel
and determine the resources necessary to certify those technologies; and
"(4) develop recommendations for appropriate policies and guidelines to facilitate a transition to unleaded aviation fuel for piston engine
aircraft.
"(c) Collaboration.—In carrying out the program under subsection (a), the Administrator shall collaborate with—
"(1) industry groups representing aviation consumers, manufacturers, and fuel producers and distributors; and
"(2) other appropriate Federal agencies.

"(d) Report.—Not later than 270 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall provide to the
Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the plan, information obtained, and policies and guidelines developed pursuant to subsection (b)."

Research Program on Alternative Jet Fuel Technology for Civil Aircraft
Pub. L. 112–95, title IX, §911, Feb. 14, 2012, 126 Stat. 142, provided that:
"(a) In General.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation

Administration (FAA)] shall establish a research program to assist in the development and qualification of jet fuel from alternative sources
(such as natural gas, biomass, ethanol, butanol, and hydrogen) and other renewable sources.
"(b) Authority To Make Grants.—The Administrator shall carry out the program through the use of grants or other measures authorized
under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies.
"(c) Participation in Program.—
"(1) Participation of educational and research institutions.—In carrying out the program, the Administrator shall include participation by
—
"(A) educational and research institutions that have existing facilities and leverage private sector partnerships; and
"(B) consortia with experience across the supply chain, including with research, feedstock development and production, small-scale
development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation
fuel.
"(2) Use of nasa facilities.—In carrying out the program, the Administrator shall consider utilizing the existing capacity in aeronautics
research at Langley Research Center, Glenn Research Center [renamed NASA John H. Glenn Research Center at the Neil A. Armstrong
Test Facility by Pub. L. 116–263, 134 Stat. 3316], and other appropriate facilities of NASA [National Aeronautics and Space Administration].
"(d) Designation of Institution as a Center of Excellence.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator may designate an
institution described in subsection (c)(1)(A) as a Center of Excellence for Alternative Jet-Fuel Research in Civil Aircraft.
"(2) Effect of designation.—The center designated under paragraph (1) shall become, upon its designation—
"(A) a member of the Consortium for Continuous Low Energy, Emissions, and Noise of the FAA; and
"(B) part of a Joint Center of Excellence with the Partnership for Air Transportation Noise and Emission Reduction FAA Center of
Excellence."

Production of Clean Coal Fuel Technology for Civilian Aircraft
Pub. L. 112–95, title IX, §914, Feb. 14, 2012, 126 Stat. 144, provided that:
"(a) Establishment of Research Program.—Using amounts made available under section 48102(a) of title 49, United States Code, the

Administrator [of the Federal Aviation Administration] shall establish a research program related to developing jet fuel from clean coal.
"(b) Authority To Make Grants.—The Administrator shall carry out the program through grants or other measures authorized under section
106(l)(6) of such title, including reimbursable agreements with other Federal agencies.
"(c) Participation in Program.—In carrying out the program, the Administrator shall include participation by educational and research
institutions that have existing facilities and experience in the development and deployment of technology that processes coal into aviation fuel.
"(d) Designation of Institution as a Center of Excellence.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012],
the Administrator may designate an institution described in subsection (c) as a Center of Excellence for Coal-to-Jet-Fuel Research."

Research and Development of Equipment To Clean and Monitor the Engine and APU Bleed Air Supplied
on Pressurized Aircraft
Pub. L. 112–95, title IX, §917, Feb. 14, 2012, 126 Stat. 145, provided that:
"(a) In General.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator [of the Federal Aviation

Administration], to the extent practicable, shall implement a research program for the identification or development of appropriate and effective

air cleaning technology and sensor technology for the engine and auxiliary power unit bleed air supplied to the passenger cabin and flight deck
of a pressurized aircraft.
"(b) Technology Requirements.—The technology referred to in subsection (a) shall have the capacity, at a minimum—
"(1) to remove oil-based contaminants from the bleed air supplied to the passenger cabin and flight deck; and
"(2) to detect and record oil-based contaminants in the portion of the total air supplied to the passenger cabin and flight deck from bleed
air.
"(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 Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on
Science, Space, and Technology of the House of Representatives a report on the results of the research and development work carried out
under this section."

FAA Center for Excellence for Applied Research and Training in the Use of Advanced Materials in
Transport Aircraft
Pub. L. 108–176, title VII, §708, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title IX, §916, Feb. 14, 2012, 126 Stat. 145,
provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration shall develop a Center for Excellence focused on applied
research and training on the durability and maintainability of advanced materials in transport airframe structures. The Center shall—
"(1) promote and facilitate collaboration among academia, the Federal Aviation Administration's Transportation Division, and the
commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and
"(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of
study.
"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $500,000 for each of fiscal years 2012
through 2015 to carry out this section."

Rotorcraft Research and Development Initiative
Pub. L. 108–176, title VII, §711, Dec. 12, 2003, 117 Stat. 2585, provided that:
"(a) Objective.—The Administrator of the Federal Aviation Administration shall establish a rotorcraft initiative with the objective of

developing, and demonstrating in a relevant environment, within 10 years after the date of the enactment of this Act [Dec. 12, 2003],
technologies to enable rotorcraft with the following improvements relative to rotorcraft existing as of the date of the enactment of this Act:
"(1) 80 percent reduction in noise levels on takeoff and on approach and landing as perceived by a human observer.
"(2) Factor of 10 reduction in vibration.
"(3) 30 percent reduction in empty weight.
"(4) Predicted accident rate equivalent to that of fixed-wing aircraft in commercial service within 10 years after the date of the enactment
of this Act.
"(5) Capability for zero-ceiling, zero-visibility operations.
"(b) Implementation.—Within 180 days after the date of the enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation
Administration, in cooperation with the Administrator of the National Aeronautics and Space Administration, shall provide a plan to the
Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and to the Committee on
Commerce, Science, and Transportation of the Senate for the implementation of the initiative described in subsection (a)."

Specialty Metals Consortium
Pub. L. 106–181, title VII, §742, Apr. 5, 2000, 114 Stat. 175, provided that:
"(a) In General.—The Administrator [of the Federal Aviation Administration] may work with a consortium of domestic metal producers and

aircraft engine manufacturers to improve the quality of turbine engine materials and to address melting technology enhancements.

"(b) Report.—Not later than 6 months after entering into an agreement with a consortium described in subsection (a), the Administrator shall
transmit to Congress a report on the goals and efforts of the consortium."

§44505. Systems, procedures, facilities, and devices
(a) General Requirements.—(1) The Administrator of the Federal Aviation Administration shall—
(A) develop, alter, test, and evaluate systems, procedures, facilities, and devices, and define their performance characteristics, to meet the needs for safe
and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of
military concern; and
(B) select systems, procedures, facilities, and devices that will best serve those needs and promote maximum coordination of air traffic control and air
defense systems.
(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31.
(3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the
Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given
technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common
system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated.
(b) Research on Human Factors and Simulation Models.—The Administrator shall conduct or supervise research—
(1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety;
(2) to enhance air traffic controller, mechanic, and flight crew performance;
(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews;
(4) to identify innovative and effective corrective measures for human errors that adversely affect air safety;
(5) to develop dynamic simulation models of the air traffic control system and airport design and operating procedures that will provide analytical technology
—
(A) to predict airport and air traffic control safety and capacity problems;
(B) to evaluate planned research projects; and
(C) to test proposed revisions in airport and air traffic control operations programs;
(6) to develop a better understanding of the relationship between human factors and unmanned aircraft system safety; and
(7) to develop dynamic simulation models for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation
of existing levels of safety for all national airspace system users.
(c) Research on Developing and Maintaining a Safe and Efficient System.—The Administrator shall conduct or supervise research on—
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation environment;
(4) aviation safety and security;
(5) the supply of trained air transportation personnel, including pilots and mechanics; and
(6) other aviation issues related to developing and maintaining a safe and efficient air transportation system.
(d) Research on Design for Certification.—
(1) Research.—Not later than 1 year after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall conduct
research on methods and procedures to improve both confidence in and the timeliness of certification of new technologies for their introduction into the
national airspace system.
(2) Research plan.—Not later than 6 months after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall
develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budgetary profile.

(3) Review.—The Administrator shall enter into an arrangement with the National Research Council to conduct an independent review of the plan
developed under paragraph (2) and shall provide the results of that review to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of the FAA
Modernization and Reform Act of 2012.
(e) Cooperative Agreements.—The Administrator may enter into cooperative agreements on a cost-shared basis with Federal and non-Federal entities that
the Administrator may select in order to conduct, encourage, and promote aviation research, engineering, and development, including the development of
prototypes and demonstration models.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1177; Pub. L. 103–305, title III, §307, Aug. 23, 1994, 108 Stat. 1593; Pub. L. 112–95, title IX, §§903(b), 905,
Feb. 14, 2012, 126 Stat. 138, 139.)
Historical and Revision Notes
Revised
Section
44505(a)(1)

49 App.:1353(c) (1st sentence).

49 App.:1655(c)(1).

44505(a)(2)

44505(a)(3)

44505(b)

49 App.:1353(c) (5th sentence).
49 App.:1655(c)(1).
49 App.:1353(c) (6th, last
sentences).
49 App.:1655(c)(1).
49 App.:1353(c) (2d, 3d sentences).

44505(c)

49 App.:1353(c) (4th sentence).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §312(c) (1st,
5th–last sentences), 72 Stat. 752.
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.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(c) (2d, 3d sentences); added Nov. 3,
1988, Pub. L. 100–591, §3, 102 Stat. 3011.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(c) (4th sentence); added Nov. 5,
1990, Pub. L. 101–508, §9209(c), 104 Stat.
1388–378.

In this section, the word "Administrator" in section 312(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on
authority of 49:106(g).
In subsection (a)(1) and (3), the words "the armed forces" are substituted for "military agencies" and "the military" because of the definition
of "armed forces" in 10:101.
In subsection (a)(3), the words "military department" are substituted for "military agency" because of the definition of "military department" in
10:101. The words "the needs of" and "to the maximum extent necessary" are omitted as surplus.
Editorial Notes

References in Text
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d), is the date of enactment of Pub. L. 112–
95, which was approved Feb. 14, 2012.

Amendments
2012—Subsec. (b)(6), (7). Pub. L. 112–95, §903(b), added pars. (6) and (7).
Subsecs. (d), (e). Pub. L. 112–95, §905, added subsec. (d) and redesignated former subsec. (d) as (e).
1994—Subsec. (d). Pub. L. 103–305 added subsec. (d).
Statutory Notes and Related Subsidiaries

Research and Deployment of Certain Airfield Pavement Technologies
Pub. L. 115–254, div. B, title VII, §744, Oct. 5, 2018, 132 Stat. 3413, provided that: "Using amounts made available under section 48102(a) of title
49, United States Code, the Administrator of the Federal Aviation Administration may carry out a program for the research and development of

aircraft pavement technologies under which the Administrator makes grants to, and enters into cooperative agreements with, institutions of
higher education and nonprofit organizations that—
"(1) research concrete and asphalt airfield pavement technologies that extend the life of airfield pavements;
"(2) develop and conduct training;
"(3) provide for demonstration projects; and
"(4) promote the latest airfield pavement technologies to aid in the development of safer, more cost effective, and more durable airfield
pavements."

Aircraft Departure Queue Management Pilot Program
Pub. L. 112–95, title V, §507, Feb. 14, 2012, 126 Stat. 106, as amended by Pub. L. 115–254, div. B, title V, §539(t), Oct. 5, 2018, 132 Stat. 3372,

provided that:
"(a) In General.—The Secretary of Transportation shall carry out a pilot program at not more than 5 public-use airports under which the
Federal Aviation Administration shall use funds made available under section 48101(a) of title 49, United States Code, to test air traffic flow
management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of
aircraft on the ground and reduce the length of ground holds and idling time for aircraft.
"(b) Selection Criteria.—In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority
consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or
other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of
funds expended under the pilot program.
"(c) Maximum Amount.—Not more than a total of $2,500,000 may be expended under the pilot program at any single public-use airport."

Research Program on Runways
Pub. L. 112–95, title IX, §904, Feb. 14, 2012, 126 Stat. 139, provided that: "Using amounts made available under section 48102(a) of title 49,
United States Code, the Administrator [of the Federal Aviation Administration] shall continue to carry out a research program under which the

Administrator may make grants to and enter into cooperative agreements with institutions of higher education and pavement research
organizations for research and technology demonstrations related to—
"(1) the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and
more durable airfield pavements; and
"(2) engineered material restraining systems for runways at both general aviation airports and airports with commercial air carrier
operations."

Wake Turbulence, Volcanic Ash, and Weather Research
Pub. L. 112–95, title IX, §915, Feb. 14, 2012, 126 Stat. 144, provided that: "Not later than 60 days after the date of enactment of this Act [Feb.
14, 2012], the Administrator [of the Federal Aviation Administration] shall—

"(1) initiate an evaluation of proposals related to research on the nature of wake vortexes that would increase national airspace system
capacity by reducing existing spacing requirements between aircraft of all sizes;
"(2) begin implementation of a system to improve volcanic ash avoidance options for aircraft, including the development of a volcanic
ash warning and notification system for aviation; and
"(3) coordinate with NOAA [National Oceanic and Atmospheric Administration], NASA [National Aeronautics and Space Administration],
and other appropriate Federal agencies to conduct research to reduce the hazards presented to commercial aviation related to—
"(A) ground de-icing and anti-icing, ice pellets, and freezing drizzle;
"(B) oceanic weather, including convective weather;
"(C) en route turbulence prediction and detection; and
"(D) all hazards during oceanic operations, where commercial traffic is high and only rudimentary satellite sensing is available."

Assessment of Wake Turbulence Research and Development Program
Pub. L. 108–176, title V, §505, Dec. 12, 2003, 117 Stat. 2559, required the Administrator of the Federal Aviation Administration to enter into an
arrangement with the National Research Council for an assessment of the Federal Aviation Administration's proposed wake turbulence
research and development program and required that a report on the assessment be provided to Committees of Congress not later than 1
year after Dec. 12, 2003.

Ensuring Appropriate Standards for Airfield Pavements
Pub. L. 108–176, title VII, §705, Dec. 12, 2003, 117 Stat. 2581, provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration shall review and determine whether the Federal Aviation

Administration's standards used to determine the appropriate thickness for asphalt and concrete airfield pavements are in accordance with the
Federal Aviation Administration's standard 20-year-life requirement using the most up-to-date available information on the life of airfield
pavements. If the Administrator determines that such standards are not in accordance with that requirement, the Administrator shall make
appropriate adjustments to the Federal Aviation Administration's standards for airfield pavements.
"(b) Report.—Within 1 year after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall report the results of the review
conducted under subsection (a) and the adjustments, if any, made on the basis of that review to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure and Committee on Science
[now Committee on Science, Space, and Technology]."

Use of Recycled Materials
Pub. L. 106–181, title I, §157, Apr. 5, 2000, 114 Stat. 89, provided that:
"(a) Study.—The Administrator [of the Federal Aviation Administration] shall conduct a study of the use of recycled materials (including

recycled pavements, waste materials, and byproducts) in pavement used for runways, taxiways, and aprons and the specification standards in
tests necessary for the use of recycled materials in such pavement. The primary focus of the study shall be on the long-term physical
performance, safety implications, and environmental benefits of using recycled materials in aviation pavement.
"(b) Contracting.—The Administrator may carry out the study by entering into a contract with a university of higher education with expertise
necessary to carry out the study.
"(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, together with recommendations concerning the use of recycled materials in aviation pavement.
"(d) Funding.—Of the amounts appropriated pursuant to section 106(k) of title 49, United States Code, not to exceed $1,500,000 may be used to
carry out this section."

Airfield Pavement Conditions
Pub. L. 106–181, title I, §160, Apr. 5, 2000, 114 Stat. 90, provided that:

"(a) Evaluation of Options.—The Administrator [of the Federal Aviation Administration] shall evaluate options for improving the quality of
information available to the Federal Aviation Administration on airfield pavement conditions for airports that are part of the national air
transportation system, including—
"(1) improving the existing runway condition information contained in the airport safety data program by reviewing and revising rating
criteria and providing increased training for inspectors;
"(2) requiring such airports to submit pavement condition index information as part of their airport master plan or as support in
applications for airport improvement grants; and
"(3) requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a
pavement condition database that could be used in evaluating the cost-effectiveness of project applications and forecasting anticipated
pavement needs.
"(b) Report to Congress.—Not later than 12 months after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall
transmit a report containing an evaluation of the options described in subsection (a) to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure."

Pilot Program To Permit Cost-Sharing of Air Traffic Modernization Projects
Pub. L. 106–181, title III, §304, Apr. 5, 2000, 114 Stat. 122, provided that:
"(a) Purpose.—It is the purpose of this section to improve aviation safety and enhance mobility of the Nation's air transportation system by

encouraging non-Federal investment on a pilot program basis in critical air traffic control facilities and equipment.
"(b) In General.—Subject to the requirements of this section, the Secretary [of Transportation] shall carry out a pilot program under which
the Secretary may make grants to project sponsors for not more than 10 eligible projects.
"(c) Federal Share.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The
non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to
section 40117 of title 49, United States Code.
"(d) Limitation on Grant Amounts.—No eligible project may receive more than $15,000,000 under the program.
"(e) Funding.—The Secretary shall use amounts appropriated under section 48101(a) of title 49, United States Code, for fiscal years 2001
through 2003 to carry out the program.
"(f) Definitions.—In this section, the following definitions apply:
"(1) Eligible project.—The term 'eligible project' means a project relating to the Nation's air traffic control system that is certified or
approved by the Administrator [of the Federal Aviation Administration] and that promotes safety, efficiency, or mobility. Such projects may
include—
"(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landings systems,
weather and wind shear detection equipment, lighting improvements, and control towers;
"(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic
management advisory equipment; and
"(C) facilities and equipment that enhance airspace control procedures, including consolidation of terminal radar control facilities
and equipment, or assist in en route surveillance, including oceanic and offshore flight tracking.
"(2) Project sponsor.—The term 'project sponsor' means a public-use airport or a joint venture between a public-use airport and one or
more air carriers.
"(g) Transfers of Equipment.—Notwithstanding any other provision of law, project sponsors may transfer, without consideration, to the
Federal Aviation Administration, facilities, equipment, and automation tools, the purchase of which was assisted by a grant made under this
section. The Administration shall accept such facilities, equipment, and automation tools, which shall thereafter be operated and maintained by
the Administration in accordance with criteria of the Administration.
"(h) Guidelines.—Not later than 90 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall issue advisory
guidelines on the implementation of the program."

Aircraft Dispatchers

Pub. L. 106–181, title V, §516, Apr. 5, 2000, 114 Stat. 145, provided that:
"(a) Study.—The Administrator [of the Federal Aviation Administration] shall conduct a study of the role of aircraft dispatchers in enhancing

aviation safety.
"(b) Contents.—The study shall include an assessment of whether or not aircraft dispatchers should be required for those operations not
presently requiring aircraft dispatcher assistance, operational control issues related to the aircraft dispatching functions, and whether or not
designation of positions within the Federal Aviation Administration for oversight of dispatchers would enhance aviation safety.
"(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 conducted under this section."

Occupational Injuries of Airport Workers
Pub. L. 106–181, title V, §520, Apr. 5, 2000, 114 Stat. 149, provided that:
"(a) Study.—The Administrator [of the Federal Aviation Administration] shall conduct a study to determine the number of persons working at

airports who are injured or killed as a result of being struck by a moving vehicle while on an airport tarmac, the seriousness of the injuries to
such persons, and whether or not reflective safety vests or other actions should be required to enhance the safety of such workers.
"(b) 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 conducted under this section."

Alkali Silica Reactivity Distress
Pub. L. 106–181, title VII, §743, Apr. 5, 2000, 114 Stat. 175, provided that:
"(a) In General.—The Administrator [of the Federal Aviation Administration] may conduct a study on the impact of alkali silica reactivity

distress on airport runways and taxiways and the use of lithium salts and other alternatives for mitigation and prevention of such distress. The
study shall include a determination based on in-the-field inspections followed by petrographic analysis or other similar techniques.
"(b) Authority To Make Grants.—The Administrator may carry out the study by making a grant to, or entering into a cooperative agreement
with, a nonprofit organization for the conduct of all or a part of the study.
"(c) Report.—Not later than 18 months after the date of initiation of the study under subsection (a), the Administrator shall transmit to
Congress a report on the results of the study."

Research Program To Improve Airfield Pavements
Pub. L. 108–176, title VII, §704, Dec. 12, 2003, 117 Stat. 2581, provided that:
"(a) Continuation of Program.—The Administrator of the Federal Aviation Administration shall continue the program to consider awards to

nonprofit concrete and asphalt pavement research foundations to improve the design, construction, rehabilitation, and repair of airfield
pavements to aid in the development of safer, more cost effective, and more durable airfield pavements.
"(b) Use of Grants or Cooperative Agreements.—The Administrator may use grants or cooperative agreements in carrying out this section.
"(c) Statutory Construction.—Nothing in this section requires the Administrator to prioritize an airfield pavement research program above
safety, security, Flight 21, environment, or energy research programs."
Pub. L. 106–181, title IX, §905, Apr. 5, 2000, 114 Stat. 196, provided that: "The Administrator [of the Federal Aviation Administration] shall
consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid
concrete airfield pavements to aid in the development of safer, more cost-effective, and durable airfield pavements. The Administrator may use
a grant or cooperative agreement for this purpose. Nothing in this section shall require the Administrator to prioritize an airfield pavement
research program above safety, security, Flight 21, environment, or energy research programs."

§44506. Air traffic controllers
(a) Research on Effect of Automation on Performance.—To develop the means necessary to establish appropriate selection criteria and training
methodologies for the next generation of air traffic controllers, the Administrator of the Federal Aviation Administration shall conduct research to study the effect

of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include investigating—
(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of
simulation technology;
(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods
for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic
control system; and
(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers
between air traffic controllers and aircraft pilots.
(b) Research on Human Factor Aspects of Automation.—The Administrators of the Federal Aviation Administration and National Aeronautics and Space
Administration may make an agreement for the use of the National Aeronautics and Space Administration's unique human factor facilities and expertise in
conducting research activities to study the human factor aspects of the highly automated environment for the next generation of air traffic controllers. The
research activities shall include investigating—
(1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance of air traffic controllers;
(2) information management techniques for advanced air traffic control display systems; and
(3) air traffic controller workload and performance measures, including the development of predictive models.
(c) Collegiate Training Initiative.—(1) The Administrator of the Federal Aviation Administration may maintain the Collegiate Training Initiative program by
making new agreements and continuing existing agreements with institutions of higher education (as defined by the Administrator) under which the institutions
prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5). The Administrator may
establish standards for the entry of institutions into the program and for their continued participation.
(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual who has successfully completed a course of training in a program
described in paragraph (1) of this subsection to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5).
An individual appointed under this paragraph serves at the pleasure of the Administrator, subject to section 7511 of title 5. However, an appointment under this
paragraph may be converted from one in the excepted service to a career conditional or career appointment in the competitive civil service (as defined in section
2102 of title 5) when the individual achieves full performance level air traffic controller status, as decided by the Administrator.
(B) The authority under subparagraph (A) of this paragraph to make appointments in the excepted service expires on October 6, 1997, except that the
Administrator of the Federal Aviation Administration may extend the authority for one or more successive one-year periods.
(d) Air Traffic Control Specialist Qualification Training.—
(1) Appointment of air traffic control specialists.—The Administrator is authorized to appoint a qualified air traffic control specialist candidate for
placement in an airport traffic control facility if the candidate has—
(A) received a control tower operator certification (referred to in this subsection as a "CTO" certificate); and
(B) satisfied all other applicable qualification requirements for an air traffic control specialist position, including successful completion of orientation training
at the Federal Aviation Administration Academy.
(2) Compensation and benefits.—An individual appointed under paragraph (1) shall receive the same compensation and benefits, and be treated in the
same manner as, any other individual appointed as a developmental air traffic controller.
(3) Report.—Not later than 2 years after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall submit to
Congress a report that evaluates the effectiveness of the air traffic control specialist qualification training provided pursuant to this section, including the
graduation rates of candidates who received a CTO certificate and are working in airport traffic control facilities.
(4) Additional appointments.—If the Administrator determines that air traffic control specialists appointed pursuant to this subsection are more successful
in carrying out the duties of an air traffic controller than air traffic control specialists hired from the general public without any such certification, the
Administrator shall increase, to the maximum extent practicable, the number of appointments of candidates who possess such certification.
(5) Reimbursement for travel expenses associated with certifications.—
(A) In general.—Subject to subparagraph (B), the Administrator may accept reimbursement from an educational entity that provides training to an air
traffic control specialist candidate to cover reasonable travel expenses of the Administrator associated with issuing certifications to such candidates.

(B) Treatment of reimbursements.—Notwithstanding section 3302 of title 31, any reimbursement authorized to be collected under subparagraph (A)
shall—
(i) be credited as offsetting collections to the account that finances the activities and services for which the reimbursement is accepted;
(ii) be available for expenditure only to pay the costs of activities and services for which the reimbursement is accepted, including all costs associated
with collecting such reimbursement; and
(iii) remain available until expended.
(e) Staffing Report.—The Administrator of the Federal Aviation Administration shall submit annually 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—
(1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States;
(2) a 3-year projection of the number of controllers needed to be employed to operate the system to meet the standards; and
(3) a detailed plan for employing the controllers, including projected budget requests.
(f) Hiring of Certain Air Traffic Control Specialists.—
(1) Consideration of applicants.—
(A) Ensuring selection of most qualified applicants.—In appointing individuals to the position of air traffic controller, the Administrator shall give
preferential consideration to qualified individuals maintaining 52 consecutive weeks of air traffic control experience involving the full-time active separation of
air traffic after receipt of an air traffic certification or air traffic control facility rating within 5 years of application while serving at—
(i) a Federal Aviation Administration air traffic control facility;
(ii) a civilian or military air traffic control facility of the Department of Defense (including a facility of the National Guard); or
(iii) a tower operating under contract with the Federal Aviation Administration under section 47124.
(B) Consideration of additional applicants.—
(i) In general.—After giving preferential consideration to applicants under subparagraph (A), the Administrator shall consider additional applicants for
the position of air traffic controller by giving further preferential consideration, within each qualification category based upon pre-employment testing
results (including application of veterans' preference as required under section 40122(g)(2)(B)), to pool 1 applicants described in clause (ii) before pool 2
applicants described in clause (iii).
(ii) Pool 1.—Pool 1 applicants are individuals who—
(I) have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program
maintained under subsection (c)(1) and who have received from the institution—
(aa) an appropriate recommendation; or
(bb) an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate
recommendation;
(II) are eligible for a veterans recruitment appointment pursuant to section 4214 of title 38 and provide a Certificate of Release or Discharge from
Active Duty within 120 days of the announcement closing;
(III) are eligible veterans (as defined in section 4211 of title 38) maintaining aviation experience obtained in the course of the individual's military
experience; or
(IV) are preference eligible veterans (as defined in section 2108 of title 5).
(iii) Pool 2.—Pool 2 applicants are individuals who apply under a vacancy announcement recruiting from all United States citizens.
(C) Special rule.—
(i) In general.—Notwithstanding subparagraph (B), after giving preferential consideration to applicants under subparagraph (A) and if, after consulting
with the labor organization recognized as the exclusive representative of air traffic controllers under section 7111 of title 5, the Administrator determines
there are unique circumstances affecting a covered facility that warrant a vacancy announcement with a limited area of consideration, the Administrator
may consider applicants for the position of air traffic controller who apply under a vacancy announcement recruiting from the local commuting area for that
covered facility.

(ii) Biographical assessments.—The Administrator shall not use any biographical assessment with respect to an applicant under this subparagraph
who would otherwise qualify as a Pool 1 applicant under subparagraph (B)(ii).
(iii) Covered facility defined.—In this subparagraph the term "covered facility" means a radar facility with at least 1,000,000 operations annually that
is located in a metropolitan statistical area (as defined by the Office of Management and Budget) with a population estimate by the Bureau of the Census
of more than 15,000,000 (as of July 1, 2016).
(2) Use of biographical assessments.—
(A) Biographical assessments.—The Administrator shall not use any biographical assessment when hiring under paragraph (1)(A) or paragraph (1)(B)
(ii).
(B) Reconsideration of applicants disqualified on basis of biographical assessments.—
(i) In general.—If an individual described in paragraph (1)(A) or paragraph (1)(B)(ii), who applied for the position of air traffic controller with the
Administration in response to Vacancy Announcement FAA–AMC–14–ALLSRCE–33537 (issued on February 10, 2014), was disqualified from the position
as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity to reapply for the position as soon as practicable
under the revised hiring practices.
(ii) Waiver of age restriction.—The Administrator shall waive any maximum age restriction for the position of air traffic controller with the
Administration that would otherwise disqualify an individual from the position if the individual—
(I) is reapplying for the position pursuant to clause (i) on or before December 31, 2017; and
(II) met the maximum age requirement on the date of the individual's previous application for the position during the interim hiring process.
(3) Maximum entry age for experienced controllers.—Notwithstanding section 3307 of title 5, except for individuals covered by the program
described in paragraph (4), the maximum limit of age for an original appointment to a position as an air traffic controller shall be 35 years of age for those
maintaining 52 weeks of air traffic control experience involving the full-time active separation of air traffic after receipt of an air traffic certification or air traffic
control facility rating in a civilian or military air traffic control facility.
(4) Retired military controllers.—The Administrator may establish a program to provide an original appointment to a position as an air traffic controller
for individuals who—
(A) are on terminal leave pending retirement from active duty military service or have retired from active duty military service within 5 years of applying for
the appointment; and
(B) have held either an air traffic certification or air traffic control facility rating according to Administration standards within 5 years of applying for the
appointment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1178; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 112–95, title VI, §607, Feb. 14, 2012, 126
Stat. 114; Pub. L. 114–190, title II, §2106(a), July 15, 2016, 130 Stat. 620; Pub. L. 115–141, div. M, title I, §108, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 116–92,
div. A, title XI, §§1132, 1133, Dec. 20, 2019, 133 Stat. 1615, 1616.)
Historical and Revision Notes
Revised
Section
44506(a), (b)

49 App.:1353 (note).

44506(c)

49 App.:1348a.

44506(d)

49 App.:1348 (note).

Source (U.S. Code)

Source (Statutes at Large)
Nov. 3, 1988, Pub. L. 100–591, §8(a)–(c),
102 Stat. 3015; Nov. 17, 1988, Pub. L.
100–685, §§601–603, 102 Stat. 4102.
Oct. 6, 1992, Pub. L. 102–388, §362, 106
Stat. 1560.
Oct. 31, 1992, Pub. L. 102–581, §120, 106
Stat. 4884.

In subsections (a) and (b), the text of section 8(a) and (b)(3) of the Aviation Safety Research Act of 1988 (Public Law 100–581, 102 Stat. 3015,
3016) and sections 601 and 602(3) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public Law 100–
685, 102 Stat. 4102, 4103) is omitted as executed.

In subsection (c), the words "institutions of higher education" are substituted for "post-secondary educational institutions" for consistency in
the revised title.
Editorial Notes

References in Text
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d)(3), is the date of enactment of Pub. L.

112–95, which was approved Feb. 14, 2012.

Amendments
2019—Subsec. (f)(1)(A)(ii). Pub. L. 116–92, §1133, inserted "(including a facility of the National Guard)" after "Department of Defense".
Subsec. (f)(1)(B)(i). Pub. L. 116–92, §1132, substituted "giving further preferential consideration, within each qualification category based

upon pre-employment testing results (including application of veterans' preference as required under section 40122(g)(2)(B)), to pool 1
applicants described in clause (ii) before pool 2 applicants described in clause (iii)." for "referring an approximately equal number of individuals
for appointment among the 2 applicant pools described in this subparagraph. The number of individuals referred for consideration from each
group shall not differ by more than 10 percent."
2018—Subsec. (f)(1)(C). Pub. L. 115–141, §108(1), added subpar. (C).
Subsec. (f)(3). Pub. L. 115–141, §108(2)(A), inserted "except for individuals covered by the program described in paragraph (4)," after "section
3307 of title 5,".
Subsec. (f)(4). Pub. L. 115–141, §108(2)(B), added par. (4).
2016—Subsec. (f). Pub. L. 114–190 added subsec. (f).
2012—Subsecs. (d), (e). Pub. L. 112–95 added subsec. (d) and redesignated former subsec. (d) as (e).
1996—Subsec. (d). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Statutory Notes and Related Subsidiaries

Notification of Vacancies
Pub. L. 114–190, title II, §2106(b), July 15, 2016, 130 Stat. 622, provided that: "The Administrator of the Federal Aviation Administration shall
consider directly notifying secondary schools and institutions of higher learning, including Historically Black Colleges and Universities,
Hispanic-serving institutions, Minority Institutions, and Tribal Colleges and Universities, of a vacancy announcement under section 44506(f)(1)(B)
(iii) of title 49, United States Code."

Air Traffic Controller Staffing Initiatives and Analysis
Pub. L. 112–95, title II, §224, Feb. 14, 2012, 126 Stat. 55, provided that: "As soon as practicable, and not later than 1 year after the date of
enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall—
"(1) ensure, to the extent practicable, a sufficient number of contract instructors, classroom space (including off-site locations as
needed), and simulators to allow for an increase in the number of air traffic controllers at air traffic control facilities;
"(2) distribute, to the extent practicable, the placement of certified professional air traffic controllers-in-training and developmental air
traffic controllers at facilities evenly across the calendar year in order to avoid training bottlenecks;
"(3) initiate an analysis, to be conducted in consultation with the exclusive bargaining representative of air traffic controllers certified
under section 7111 of title 5, United States Code, of scheduling processes and practices, including overtime scheduling practices at those
facilities;
"(4) provide, to the extent practicable and where appropriate, priority to certified professional air traffic controllers-in-training when filling
staffing vacancies at facilities;

"(5) assess training programs at air traffic control facilities with below-average success rates to determine if training is being carried out
in accordance with Administration standards, and conduct exit interview analyses with all candidates to determine potential weaknesses in
training protocols, or in the execution of such training protocols; and
"(6) prioritize, to the extent practicable, such efforts to address the recommendations for the facilities identified in the Department of
Transportation's Office of the Inspector General Report Number: AV-2009-047."

Facility Training Program
Pub. L. 112–95, title VI, §609(b), Feb. 14, 2012, 126 Stat. 116, provided that: "Not later than 1 year after the date of enactment of this Act [Feb.
14, 2012], the Administrator [of the Federal Aviation Administration] shall conduct a comprehensive review and evaluation of its Academy and
facility training efforts. The Administrator shall—
"(1) clarify responsibility for oversight and direction of the Academy's facility training program at the national level;
"(2) communicate information concerning that responsibility to facility managers; and
"(3) establish standards to identify the number of developmental air traffic controllers that can be accommodated at each facility, based
on—
"(A) the number of available on-the-job training instructors;
"(B) available classroom space;
"(C) the number of available simulators;
"(D) training requirements; and
"(E) the number of recently placed new personnel already in training."

Controller Staffing
Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 401, provided in part: "That not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in
December 2004 pursuant to section 221 of Public Law 108–176 [set out below]".
Similar provisions were contained in the following appropriation acts:
Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 691.
Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1830.
Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2940.
Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 977.
Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 730.
Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2839.
Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2700.
Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 578.
Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 645.
Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat. 3039.
Pub. L. 111–8, div. I, title I, Mar. 11, 2009, 123 Stat. 918.
Pub. L. 110–161, div. K, title I, Dec. 26, 2007, 121 Stat. 2378.
Pub. L. 108–176, title II, §221, Dec. 12, 2003, 117 Stat. 2526, provided that:
"(a) Annual Report.—Beginning with the submission of the Budget of the United States to the Congress for fiscal year 2005, the
Administrator of the Federal Aviation Administration shall transmit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure that describes the overall air traffic controller
staffing plan, including strategies to address anticipated retirement and replacement of air traffic controllers.
"(b) Human Capital Workforce Strategy.—
"(1) Development.—The Administrator shall develop a comprehensive human capital workforce strategy to determine the most effective
method for addressing the need for more air traffic controllers that is identified in the June 2002 report of the General Accounting Office [now
Government Accountability Office].

"(2) Completion date.—Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall complete
development of the strategy.
"(3) Report.—Not later than 30 days after the date on which the strategy is completed, the Administrator shall transmit to Congress a
report describing the strategy."

§44507. Regions and centers
(a) Civil Aeromedical Institute.—The Civil Aeromedical Institute established by section 106(j) of this title may—
(1) conduct civil aeromedical research, including research related to—
(A) the protection and survival of aircraft occupants;
(B) medical accident investigation and airman medical certification;
(C) toxicology and the effects of drugs on human performance;
(D) the impact of disease and disability on human performance;
(E) vision and its relationship to human performance and equipment design;
(F) human factors of flight crews, air traffic controllers, mechanics, inspectors, airway facility technicians, and other individuals involved in operating and
maintaining aircraft and air traffic control equipment; and
(G) agency work force optimization, including training, equipment design, reduction of errors, and identification of candidate tasks for automation;
(2) make comments to the Administrator of the Federal Aviation Administration on human factors aspects of proposed air safety regulations;
(3) make comments to the Administrator on human factors aspects of proposed training programs, equipment requirements, standards, and procedures for
aviation personnel;
(4) advise, assist, and represent the Federal Aviation Administration in the human factors aspects of joint projects between the Administration and the
National Aeronautics and Space Administration, other departments, agencies, and instrumentalities of the United States Government, industry, and
governments of foreign countries; and
(5) provide medical consultation services to the Administrator about medical certification of airmen.
(b) William J. Hughes Technical Center.—The Secretary of Transportation shall define the roles and responsibilities of the William J. Hughes Technical
Center in a manner that is consistent with the defined roles and responsibilities of the Civil Aeromedical Institute under subsection (a).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1179; Pub. L. 115–254, div. B, title V, §524(a), Oct. 5, 2018, 132 Stat. 3363.)
Historical and Revision Notes
Revised
Section
44507

Source (U.S. Code)
49 App.:1353(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(e); added Nov. 3, 1988, Pub. L. 100–
591, §5(b), 102 Stat. 3013.

In clause (4), the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Government
agencies" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes

Amendments
2018—Pub. L. 115–254 substituted "Regions and centers" for "Civil aeromedical research" in section catchline, designated existing provisions
as subsec. (a) and inserted heading, and added subsec. (b).

§44508. Research advisory committee
(a) Establishment and Duties.—(1) There is a research advisory committee in the Federal Aviation Administration. The committee shall—
(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration and Congress about needs, objectives, plans,
approaches, content, and accomplishments of all aviation research and development activities and programs carried out, including those under sections
40119,1 44504, 44505, 44507, 44511–44513, and 44912 of this title;
(B) assist in ensuring that the research is coordinated with similar research being conducted outside the Administration;
(C) review the operations of the regional centers of air transportation excellence established under section 44513 of this title; and
(D) annually review the allocation made by the Administrator of the amounts authorized by section 48102(a) of this title among the major categories of
research and development activities carried out by the Administration and provide advice and recommendations to the Administrator on whether such
allocation is appropriate to meet the needs and objectives identified under subparagraph (A).
(2) The Administrator may establish subordinate committees to provide advice on specific areas of research conducted under sections 40119,1 44504, 44505,
44507, 44511–44513, and 44912 of this title.
(b) Members, Chairman, Pay, and Expenses.—(1) The committee is composed of not more than 30 members appointed by the Administrator from among
individuals who are not employees of the Administration and who are specially qualified to serve on the committee because of their education, training, or
experience. In appointing members of the committee, the Administrator shall ensure that the regional centers of air transportation excellence, universities,
corporations, associations, consumers, and other departments, agencies, and instrumentalities of the United States Government are represented.
(2) The Administrator shall designate the chairman of the committee.
(3) A member of the committee serves without pay. However, the Administrator may allow a member, when attending meetings of the committee or a
subordinate committee, expenses as authorized under section 5703 of title 5.
(c) Support Staff, Information, and Services.—The Administrator shall provide support staff for the committee. On request of the committee, the
Administrator shall provide information, administrative services, and supplies that the Administrator considers necessary for the committee to carry out its duties
and powers.
(d) Nonapplication.—Section 14 of the Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the committee.
(e) Use and Limitation of Amounts.—(1) Not more than .1 percent of the amounts made available to conduct research under sections 40119,1 44504,
44505, 44507, 44511–44513, and 44912 of this title may be used by the Administrator to carry out this section.
(2) A limitation on amounts available for obligation by or for the committee does not apply to amounts made available to carry out this section.
(f) Written Reply.—
(1) In general.—Not later than 60 days after receiving any recommendation from the research advisory committee, the Administrator shall provide a written
reply to the research advisory committee that, at a minimum—
(A) clearly states whether the Administrator accepts or rejects the recommendation;
(B) explains the rationale for the Administrator's decision;
(C) sets forth the timeframe in which the Administrator will implement the recommendation; and
(D) describes the steps the Administrator will take to implement the recommendation.
(2) Transparency.—The written reply to the research advisory committee, when transmitted to the research advisory committee, shall be—
(A) made publicly available on the research advisory committee website; and
(B) transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) National aviation research plan.—The national aviation research plan required under section 44501(c) shall include a summary of all research
advisory committee recommendations and a description of the status of their implementation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1180; Pub. L. 104–264, title XI, §1104, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 115–254, div. B, title VII, §712, Oct.
5, 2018, 132 Stat. 3410.)

Historical and Revision Notes
Revised
Section
44508(a)(1)

44508(a)(2)
44508(b)
44508(c)
44508(d)
44508(e)

Source (U.S. Code)
49 App.:1353(f)(1), (2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(f); added Nov. 3, 1988, Pub. L. 100–
591, §6, 102 Stat. 3013; Nov. 5, 1990, Pub.
L. 101–508, §9209(b), 104 Stat. 1388–377.

49 App.:1353(f)(6) (last sentence).
49 App.:1353(f)(3)–(5).
49 App.:1353(f)(6) (1st sentence),
(7).
49 App.:1353(f)(8).
49 App.:1353(f)(9).

In subsection (a)(1), before clause (A), the words "There is a" are substituted for "Not later than 180 days after November 3, 1988, the
Administrator shall establish" to eliminate obsolete words. In clause (C), the words "operations of" are substituted for "research and training to
be carried out by" for consistency with section 44513 of the revised title.
In subsection (a)(2), the words "to the advisory committee" are omitted as surplus.
In subsection (b)(1), the words "departments, agencies, and instrumentalities" are substituted for "agencies" for consistency in the revised
title and with other titles of the United States Code.
In subsection (b)(3), the words "travel or transportation" are omitted as surplus.
In subsection (e), the words "for fiscal years beginning after September 30, 1988" are omitted as obsolete.
Editorial Notes

References in Text
Section 40119 of this title, referred to in subsecs. (a)(1)(A), (2) and (e)(1), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5,
2018, 132 Stat. 3627.
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (d), is section 14 of Pub. L. 92–463, which is set out in the Appendix
to Title 5, Government Organization and Employees.

Amendments
2018—Subsec. (a)(1)(A). Pub. L. 115–254, §712(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "provide
advice and recommendations to the Administrator of the Federal Aviation Administration about needs, objectives, plans, approaches, content,
and accomplishments of the aviation research program carried out under sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title;".
Subsec. (f). Pub. L. 115–254, §712(b), added subsec. (f).
1996—Subsec. (a)(1)(D). Pub. L. 104–264 added subpar. (D).
Statutory Notes and Related Subsidiaries

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

1 See References in Text note below.

§44509. Demonstration projects
The Secretary of Transportation may carry out under this chapter demonstration projects that the Secretary considers necessary for research and
development activities under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181.)
Historical and Revision Notes
Revised
Section
44509

Source (U.S. Code)
49 App.:2205(b)(1).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248, §506(b)(1), 96
Stat. 678; restated Dec. 30, 1987, Pub. L.
100–223, §105(b)(1), 101 Stat. 1490.

§44510. Airway science curriculum grants
(a) General Authority.—The Administrator of the Federal Aviation Administration may make competitive grant agreements with institutions of higher
education having airway science curricula for the United States Government's share of the allowable direct costs of the following categories of items to the extent
that the items are in support of airway science curricula:
(1) the construction, purchase, or lease with an option to purchase, of buildings and associated facilities.
(2) instructional material and equipment.
(b) Cost Guidelines.—The Administrator shall establish guidelines to determine the direct costs allowable under a grant to be made under this section. The
Government's share of the allowable cost of a project assisted by a grant under this section may not be more than 65 percent.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181.)
Historical and Revision Notes
Revised
Section
44510(a)

Source (U.S. Code)
49 App.:1354a (1st sentence).

44510(b)

49 App.:1354a (3d, last sentences).

Source (Statutes at Large)
Nov. 5, 1990, Pub. L. 101–516, (1st sentence
last proviso, 3d, last sentences in par.
under heading "Facilities and Equipment"),
104 Stat. 2160.
Oct. 28, 1991, Pub. L. 102–143, (1st
sentence last proviso, 3d, last sentences in
par. under heading "Facilities and
Equipment"), 105 Stat. 922.
Oct. 6, 1992, Pub. L. 102–388, (1st sentence
last proviso, 3d, last sentences in par.
under heading "Facilities and Equipment"),
106 Stat. 1525.

In subsection (a), before clause (1), the words "With appropriations made for the Airway Science Program, as authorized below in this
section" are omitted as unnecessary because of section 48106 of the revised title.
In subsection (b), the proviso is omitted as executed.

§44511. Aviation research grants
(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research
organizations to conduct aviation research in areas the Administrator considers necessary for the long-term growth of civil aviation.
(b) Applications.—An institution of higher education or nonprofit research organization interested in receiving a grant under this section may submit an
application to the Administrator. The application must be in the form and contain the information the Administrator requires.
(c) Solicitation, Review, and Evaluation Process.—The Administrator shall establish a solicitation, review, and evaluation process that ensures—
(1) providing grants under this section for proposals having adequate merit and relevancy to the mission of the Administration;
(2) a fair geographical distribution of grants under this section; and
(3) the inclusion of historically black institutions of higher education and other minority nonprofit research organizations for grant consideration under this
section.
(d) Records.—Each person receiving a grant under this section shall maintain records that the Administrator requires as being necessary to facilitate an
effective audit and evaluation of the use of money provided under the grant.
(e) Annual Report.—The Administrator shall submit an annual report to the Committee on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on carrying out this section.
(f) Airport Cooperative Research Program.—
(1) Establishment.—The Secretary of Transportation shall maintain an airport cooperative research program to—
(A) identify problems that are shared by airport operating agencies and can be solved through applied research but that are not being adequately
addressed by existing Federal research programs; and
(B) fund research to address those problems.
(2) Governance.—The Secretary of Transportation shall appoint an independent governing board for the research program established under this
subsection. The governing board shall be appointed from candidates nominated by national associations representing public airport operating agencies,
airport executives, State aviation officials, and the scheduled airlines, and shall include representatives of appropriate Federal agencies. Section 14 of the
Federal Advisory Committee Act shall not apply to the governing board.
(3) Implementation.—The Secretary of Transportation shall enter into an arrangement with the National Academy of Sciences to provide staff support to
the governing board established under paragraph (2) and to carry out projects proposed by the governing board that the Secretary considers appropriate.
(4) Report.—Not later than September 30, 2012, the Secretary shall transmit to the Congress a report on the program.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181; Pub. L. 104–287, §5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 108–176, title VII, §712, Dec. 12, 2003,
117 Stat. 2586; Pub. L. 112–95, title IX, §906, Feb. 14, 2012, 126 Stat. 139.)
Historical and Revision Notes
Revised
Section
44511

Source (U.S. Code)
49 App.:1353(g).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(g); added Nov. 5, 1990, Pub. L. 101–
508, §9205(a), 104 Stat. 1388–373.

In this section, the words "institutions of higher education" and "institution of higher education" are substituted for "colleges, universities",
"university, college", and "colleges and universities" for consistency in the revised title.

In subsection (c), the words "providing grants" are substituted for "the funding", the word "grants" is substituted for "grant funds", and the
words "grant consideration" are substituted for "funding consideration", for consistency in the revised title.
In subsection (d), the words "money provided under the grant" are substituted for "grant funds" for consistency.
Editorial Notes

References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (f)(2), is section 14 of Pub. L. 92–463, which is set out in the
Appendix to Title 5, Government Organization and Employees.

Amendments
2012—Subsec. (f)(1). Pub. L. 112–95, §906(1), substituted "maintain an" for "establish a 4-year pilot" in introductory provisions.
Subsec. (f)(4). Pub. L. 112–95, §906(2), substituted "Not later than September 30, 2012," for "Not later than 6 months after the expiration of

the program under this subsection," and "program" for "program, including recommendations as to the need for establishing a permanent
airport cooperative research program".
2003—Subsec. (f). Pub. L. 108–176 added subsec. (f).
1996—Subsec. (e). Pub. L. 104–287 substituted "Committee on Science" for "Committee on Science, Space, and Technology".
Statutory Notes and Related Subsidiaries

Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth
Congress, Jan. 5, 2011.

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

§44512. Catastrophic failure prevention research grants
(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research
organizations—
(1) to conduct aviation research related to the development of technologies and methods to assess the risk of, and prevent, defects, failures, and
malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a
catastrophic failure of an aircraft; and
(2) to establish centers of excellence for continuing the research.
(b) Solicitation, Application, Review, and Evaluation Process.—The Administrator shall establish a solicitation, application, review, and evaluation
process that ensures providing grants under this section for proposals having adequate merit and relevancy to the research described in subsection (a) of this
section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182.)

Historical and Revision Notes
Revised
Section
44512

Source (U.S. Code)
49 App.:1353(h).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(h); added Nov. 5, 1990, Pub. L. 101–
508, §9208(b), 104 Stat. 1388–376.

In this section, the words "institutions of higher education" are substituted for "colleges, universities" for consistency in the revised title.
In subsection (b), the words "providing grants" are substituted for "the funding" for consistency in the revised title.

§44513. Regional centers of air transportation excellence
(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education to establish and
operate regional centers of air transportation excellence. The locations shall be distributed in a geographically fair way.
(b) Responsibilities.—(1) The responsibilities of each center established under this section shall include—
(A) conducting research on—
(i) airspace and airport planning and design;
(ii) airport capacity enhancement techniques;
(iii) human performance in the air transportation environment;
(iv) aviation safety and security;
(v) the supply of trained air transportation personnel, including pilots and mechanics; and
(vi) other aviation issues related to developing and maintaining a safe and efficient air transportation system; and
(B) interpreting, publishing, and disseminating the results of the research.
(2) In conducting research described in paragraph (1)(A) of this subsection, each center may make contracts with nonprofit research organizations and other
appropriate persons.
(c) Applications.—An institution of higher education interested in receiving a grant under this section may submit an application to the Administrator. The
application must be in the form and contain the information that the Administrator requires by regulation.
(d) Selection Criteria.—The Administrator shall select recipients of grants under this section on the basis of the following criteria:
(1) the extent to which the needs of the State in which the applicant is located are representative of the needs of the region for improved air transportation
services and facilities.
(2) the demonstrated research and extension resources available to the applicant to carry out this section.
(3) the ability of the applicant to provide leadership in making national and regional contributions to the solution of both long-range and immediate air
transportation problems.
(4) the extent to which the applicant has an established air transportation program.
(5) the demonstrated ability of the applicant to disseminate results of air transportation research and educational programs through a statewide or
regionwide continuing education program.
(6) the projects the applicant proposes to carry out under the grant.
(e) Expenditure Agreements.—A grant may be made under this section in a fiscal year only if the recipient makes an agreement with the Administrator that
the Administrator requires to ensure that the recipient will maintain its total expenditures from all other sources for establishing and operating the center and
related research activities at a level at least equal to the average level of those expenditures in the 2 fiscal years of the recipient occurring immediately before
November 5, 1990.
(f) Government's Share of Costs.—The United States Government's share of establishing and operating a center and all related research activities that
grant recipients carry out shall not exceed 50 percent of the costs, except that the Administrator may increase such share to a maximum of 75 percent of the

costs for a fiscal year if the Administrator determines that a center would be unable to carry out the authorized activities described in this section without
additional funds.
(g) Allocating Amounts.—The Administrator shall allocate amounts made available to carry out this section in a geographically fair way.
(h) Annual Report.—The Administrator shall transmit annually to the Committee on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate at the time of the President's budget request a report that lists—
(1) the research projects that have been initiated by each center in the preceding year;
(2) the amount of funding for each research project and the funding source;
(3) the institutions participating in each research project and their shares of the overall funding for each research project; and
(4) the level of cost-sharing for each research project.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182; Pub. L. 112–95, title IX, §907, Feb. 14, 2012, 126 Stat. 140.)
Historical and Revision Notes
Revised
Section
44513

Source (U.S. Code)
49 App.:1353(i).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§312(i); added Nov. 5, 1990, Pub. L. 101–
508, §9209(a), 104 Stat. 1388–376.

In this section, the words "institutions of higher education" and "institution of higher education" are substituted for "colleges or universities"
and "college or university" for consistency in the revised title.
In subsection (a), the words "one or more" are omitted as surplus.
Editorial Notes

Amendments
2012—Subsec. (f). Pub. L. 112–95, §907(a), amended subsec. (f) generally. Prior to amendment, text read as follows: "The United States
Government's share of a grant under this section is 50 percent of the costs of establishing and operating the center and related research
activities that the grant recipient carries out."
Subsec. (h). Pub. L. 112–95, §907(b), added subsec. (h).
Statutory Notes and Related Subsidiaries

FAA Center of Excellence for Automated Systems and Human Factors in Aircraft
Pub. L. 116–260, div. V, title I, §127, Dec. 27, 2020, 134 Stat. 2348, provided that:
"(a) In General.—The Administrator shall develop or expand a Center of Excellence focused on automated systems and human factors in

transport category aircraft.
"(b) Duties.—The Center of Excellence shall, as appropriate—
"(1) facilitate collaboration among academia, the FAA, and the aircraft and airline industries, including aircraft, engine, and equipment
manufacturers, air carriers, and representatives of the pilot community;
"(2) establish goals for research in areas of study relevant to advancing technology, improving engineering practices, and facilitating
better understanding of human factors concepts in the context of the growing development and reliance on automated or complex systems
in commercial aircraft, including continuing education and training;
"(3) examine issues related to human system integration and flight crew and aircraft interfaces, including tools and methods to support
the integration of human factors considerations into the aircraft design and certification process; and
"(4) review safety reports to identify potential human factors issues for research.

"(c) Avoiding Duplication of Work.—In developing or expanding the Center of Excellence, the Administrator shall ensure the work of the
Center of Excellence does not duplicate or overlap with the work of any other established center of excellence.
"(d) Member Prioritization.—
"(1) In general.—The Administrator, when developing or expanding the Center of Excellence, shall prioritize the inclusion of subjectmatter experts whose professional experience enables them to be objective and impartial in their contributions to the greatest extent
possible.
"(2) Representation.—The Administrator shall require that the membership of the Center of Excellence reflect a balanced viewpoint
across broad disciplines in the aviation industry.
"(3) Disclosure.—Any member of the Center of Excellence who is a Boeing Company or FAA employee who participated in the
certification of the Maneuvering Characteristics Augmentation System for the 737 MAX-8 airplane must disclose such involvement to the
FAA prior to performing any work on behalf of the FAA.
"(4) Transparency.—In developing or expanding the Center of Excellence, the Administrator shall develop procedures to facilitate
transparency and appropriate maintenance of records to the maximum extent practicable.
"(5) Coordination.—Nothing in this section shall preclude coordination and collaboration between the Center of Excellence developed
or expanded under this section and any other established center of excellence.
"(e) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2021
through 2023, out of funds made available under section 48102(a) of title 49, United States Code, to carry out this section. Amounts appropriated
under the preceding sentence for any fiscal year shall remain available until expended."
[For definitions of terms used in section 127 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Center of Excellence for Aviation Human Resource Research
Pub. L. 112–95, title IX, §908, Feb. 14, 2012, 126 Stat. 140, provided that:
"(a) Establishment.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal

Aviation Administration] may establish a center of excellence to conduct research on—
"(1) human performance in the air transportation environment, including among air transportation personnel such as air traffic
controllers, pilots, and technicians; and
"(2) any other aviation human resource issue pertinent to developing and maintaining a safe and efficient air transportation system.
"(b) Activities.—Activities conducted under this section may include the following:
"(1) Research, development, and evaluation of training programs for air traffic controllers, aviation safety inspectors, airway
transportation safety specialists, and engineers.
"(2) Research and development of best practices for recruitment of individuals into the aviation field for mission critical positions.
"(3) Research, in consultation with other relevant Federal agencies, to develop a baseline of general aviation employment statistics and
an analysis of future needs in the aviation field.
"(4) Research and the development of a comprehensive assessment of the airframe and power plant technician certification process
and its effect on employment trends.
"(5) Evaluation of aviation maintenance technician school environments.
"(6) Research and an assessment of the ability to develop training programs to allow for the transition of recently unemployed and
highly skilled mechanics into the aviation field."

§44514. Flight service stations
(a) Hours of Operation.—(1) The Secretary of Transportation may close, or reduce the hours of operation of, a flight service station in an area only if the
service provided in the area after the closing or during the hours the station is not in operation is provided by an automated flight service station with at least
model 1 equipment.

(2) The Secretary shall reopen a flight service station closed after March 24, 1987, but before July 15, 1987, as soon as practicable if the service in the area in
which the station is located has not been provided since the closing by an automatic flight service station with at least model 1 equipment. The hours of
operation for the reopened station shall be the same as were the hours of operation for the station on March 25, 1987. After reopening the station, the Secretary
may close, or reduce the hours of operation of, the station only as provided in paragraph (1) of this subsection.
(b) Manned Auxiliary Stations.—The Secretary and the Administrator of the Federal Aviation Administration shall establish a system of manned auxiliary
flight service stations. The manned auxiliary flight service stations shall supplement the services of the planned consolidation to 61 automated flight service
stations under the flight service station modernization program. A manned auxiliary flight service station shall be located in an area of unique weather or
operational conditions that are critical to the safety of flight.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1183.)
Historical and Revision Notes
Revised
Section
44514(a)

49 App.:2224.

44514(b)

49 App.:1348 (notes).

Source (U.S. Code)

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248, §528, 96 Stat.
699; restated Dec. 30, 1987, Pub. L. 100–
223, §113, 101 Stat. 1505.
Nov. 5, 1990, Pub. L. 101–508, §9115, 104
Stat. 1388–364.
Nov. 5, 1990, Pub. L. 101–516, §330(a), 104
Stat. 2184.

In subsection (a)(1), the words "On or after July 15, 1987" are omitted as obsolete.
In subsection (a)(2), the words "after December 30, 1987" are omitted as obsolete. The words "the date of" are omitted as surplus.
In subsection (b), the text of section 9115(b) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–364) and
section 330(a) (last sentence) of the Department of Transportation and Related Agencies Appropriations Act, 1991 (Public Law 101–516, 104
Stat. 2184) is omitted as obsolete.

§44515. Advanced training facilities for maintenance technicians for air carrier aircraft
(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to not more than 4 vocational technical educational
institutions to acquire or construct facilities to be used for the advanced training of maintenance technicians for air carrier aircraft.
(b) Eligibility.—The Administrator may make a grant under this section to a vocational technical educational institution only if the institution has a training
curriculum that prepares aircraft maintenance technicians who hold airframe and power plant certificates under subpart D of part 65 of title 14, Code of Federal
Regulations, to maintain, without direct supervision, air carrier aircraft.
(c) Limitation.—A vocational technical educational institution may not receive more than a total of $5,000,000 in grants under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1184.)
Historical and Revision Notes
Revised
Section
44515

Source (U.S. Code)
49 App.:1354 (note).

Source (Statutes at Large)
Oct., 31, 1992, Pub. L. 102–581, §119(a)–(c),
106 Stat. 4883.

The words "vocational technical educational institution" are used throughout this section for consistency in this section.

Statutory Notes and Related Subsidiaries

Promoting Aviation Regulations for Technical Training
Pub. L. 116–260, div. V, title I, §135, Dec. 27, 2020, 134 Stat. 2356, provided that:
"(a) New Regulations Required.—
"(1) Interim final regulations.—Not later than 90 days after the date of enactment of this section [Dec. 27, 2020], the Administrator [of

the Federal Aviation Administration] shall issue interim final regulations to establish requirements for issuing aviation maintenance
technician school certificates and associated ratings and the general operating rules for the holders of those certificates and ratings in
accordance with the requirements of this section.
"(2) Repeal of current regulations.—Upon the effective date of the interim final regulations required under paragraph (1), part 147 of
title 14, Code of Federal Regulations (as in effect on the date of enactment of this title) and any regulations issued under section 624 of the
FAA Reauthorization Act of 2018 (Public Law 115–254) [set out below] shall have no force or effect on or after the effective date of such
interim final regulations.
"(b) Aviation Maintenance Technician School Certification Required.—No person may operate an aviation maintenance technician school
without, or in violation of, an aviation maintenance technician school certificate and the operations specifications issued under the interim final
regulations required under subsection (a)(1), the requirements of this section, or in a manner that is inconsistent with information in the
school's operations specifications under subsection (c)(5).
"(c) Certificate and Operations Specifications Requirements.—
"(1) Application requirements.—
"(A) In general.—An application for a certificate or rating to operate an aviation maintenance technician school shall include the
following:
"(i) A description of the facilities, including the physical address of the certificate holder's primary location for operation of the
school, any additional fixed locations where training will be provided, and the equipment and materials to be used at each location.
"(ii) A description of the manner in which the school's curriculum will ensure the student has the knowledge and skills
necessary for attaining a mechanic certificate and associated ratings under subpart D of part 65 of title 14, Code of Federal Regulations
(or any successor regulation).
"(iii) A description of the manner in which the school will ensure it provides the necessary qualified instructors to meet the
requirements of subsection (d)(4).
"(B) Documented in the school's operations specifications.—Upon issuance of the school's certificate or rating, the information
required under subparagraph (A) shall be documented in the school's operations specifications.
"(2) Change applications.—
"(A) In general.—An application for an additional rating or amended certificate shall include only the information necessary to
substantiate the reason for the requested additional rating or change.
"(B) Approved changes.—Any approved changes shall be documented in the school's operations specifications.
"(3) Duration.—An aviation maintenance technician school certificate or rating issued under the interim final regulations required under
subsection (a)(1) shall be effective from the date of issue until the certificate or rating is surrendered, suspended, or revoked.
"(4) Certificate ratings.—An aviation maintenance technician school certificate issued under the interim final regulations required under
subsection (a)(1) shall specify which of the following ratings are held by the aviation maintenance technician school:
"(A) Airframe.
"(B) Powerplant.
"(C) Airframe and Powerplant.
"(5) Operations specifications.—A certificated aviation maintenance technician school shall operate in accordance with operations
specifications that include the following:
"(A) The certificate holder's name.
"(B) The certificate holder's air agency certificate number.
"(C) The name and contact information of the certificate holder's primary point of contact.

"(D) The physical address of the certificate holder's primary location, as provided under paragraph (1)(A).
"(E) The physical address of any additional location of the certificate holder, as provided under subsection (d)(2).
"(F) The ratings held, as provided under paragraph (4).
"(G) Any regulatory exemption granted to the school by the Administrator.

"(d) Operations Requirements.—
"(1) Facilities, equipment, and material requirements.—Each certificated aviation maintenance technician school shall provide and
maintain the facilities, equipment, and materials that are appropriate to the 1 or more ratings held by the school and the number of students
taught.
"(2) Training provided at another location.—A certificated aviation maintenance technician school may provide training at any
additional location that meets the requirements of the interim final regulations required under subsection (a)(1) and is listed in the certificate
holder's operations specifications.
"(3) Training requirements.—Each certificated aviation maintenance technician school shall—
"(A) establish, maintain, and utilize a curriculum designed to continually align with mechanic airman certification standards as
appropriate for the ratings held;
"(B) provide training of a quality that meets the requirements of subsection (f)(1); and
"(C) ensure students have the knowledge and skills necessary to be eligible to test for a mechanic certificate and associated
ratings under subpart D of part 65 of title 14, Code of Federal Regulations (or any successor regulation).
"(4) Instructor requirements.—Each certificated aviation maintenance technician school shall—
"(A) provide qualified instructors to teach in a manner that ensures positive educational outcomes are achieved;
"(B) ensure instructors hold a mechanic certificate with 1 or more appropriate ratings (or, with respect to instructors who are not
certified mechanics, ensure instructors are otherwise specifically qualified to teach their assigned content); and
"(C) ensure the student-to-instructor ratio does not exceed 25:1 for any shop class.
"(5) Certificate of completion.—Each certificated aviation maintenance technician school shall provide authenticated documentation to
each graduating student, indicating the student's date of graduation and curriculum completed, as described in paragraph (3)(A).
"(e) Quality Control System.—
"(1) Accreditation.—Each aviation maintenance technician school shall—
"(A) be accredited as meeting the definition of an institution of higher education provided for in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); or
"(B) establish and maintain a quality control system that meets the requirements specified in paragraph (2) and is approved by the
Administrator.
"(2) FAA-approved system requirements.—In the case of an aviation maintenance technician school that is not accredited as set forth in
paragraph (1), the Administrator shall approve a quality control system that provides procedures for recordkeeping, assessment, issuing
credit, issuing of final course grades, attendance, ensuring sufficient number of instructors, granting of graduation documentation, and
corrective action for addressing deficiencies.
"(f) Additional Requirements.—
"(1) Minimum passage rate.—A certificated aviation maintenance technician school shall maintain a pass rate of at least 70 percent of
students who took a written, oral, or practical (or any combination thereof) FAA mechanic tests within 60 days of graduation for the most
recent 3-year period .
"(2) FAA inspection.—A certificated aviation maintenance technician school shall allow the Administrator such access as the
Administrator determines necessary to inspect the 1 or more locations of the school for purposes of determining the school's compliance
with the interim final regulations required under subsection (a)(1), the procedures and information outlined in the school's operations
specifications according to subsection (c)(5), and the aviation maintenance technician school certificate issued for the school.
"(3) Display of certificate.—A certificated aviation maintenance technician school shall display its aviation maintenance technician
school certificate at a location in the school that is visible by and normally accessible to the public.
"(4) Early testing.—A certificated aviation maintenance technician school may issue authenticated documentation demonstrating a
student's satisfactory progress, completion of corresponding portions of the curriculum, and preparedness to take the aviation mechanic

written general knowledge test, even if the student has not met the experience requirements of section 65.77 of title 14, Code of Federal
Regulations (or any successor regulation). Any such documentation shall specify the curriculum the student completed and the completion
date."

Aviation Maintenance Industry Technical Workforce
Pub. L. 115–254, div. B, title VI, §624, Oct. 5, 2018, 132 Stat. 3404, provided that:
"(a) Regulations.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation

Administration shall issue a final rule to modernize training programs at aviation maintenance technician schools governed by part 147 of title
14, Code of Federal Regulations.
"(b) Guidance.—Not later than 180 days after the date of enactment of this Act, the Administrator shall coordinate with government,
educational institutions, labor organizations representing aviation maintenance workers, and businesses to develop and publish guidance or
model curricula for aviation maintenance technician schools referred to in subsection (a) to ensure workforce readiness for industry needs,
including curricula related to training in avionics, troubleshooting, and other areas of industry needs.
"(c) Review and Periodic Updates.—The Administrator shall—
"(1) ensure training programs referred to in subsection (a) are revised and updated in correlation with aviation maintenance technician
airman certification standards as necessary to reflect current technology and maintenance practices; and
"(2) publish updates to the guidance or model curricula required under subsection (b) at least once every 2 years, as necessary, from
the date of initial publication.
"(d) Report to Congress.—If the Administrator does not issue such final rule by the deadline specified in subsection (a), the Administrator
shall, not later than 30 days after such deadline, 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 containing—
"(1) an explanation as to why such final rule was not issued by such deadline; and
"(2) a schedule for issuing such final rule.
"(e) Study.—The Comptroller General of the United States shall conduct a study on technical workers in the aviation maintenance industry.
"(f) Contents.—In conducting the study under subsection (e), the Comptroller General shall—
"(1) analyze the current Standard Occupational Classification system with regard to the aviation profession, particularly technical
workers in the aviation maintenance industry;
"(2) analyze how changes to the Federal employment classification of aviation maintenance industry workers might affect government
data on unemployment rates and wages;
"(3) analyze how changes to the Federal employment classification of aviation maintenance industry workers might affect projections for
future aviation maintenance industry workforce needs and project technical worker shortfalls;
"(4) analyze the impact of Federal regulation, including Federal Aviation Administration oversight of certification, testing, and education
programs, on employment of technical workers in the aviation maintenance industry;
"(5) develop recommendations on how Federal Aviation Administration regulations and policies could be improved to modernize training
programs at aviation maintenance technical schools and address aviation maintenance industry needs for technical workers;
"(6) develop recommendations for better coordinating actions by government, educational institutions, and businesses to support
workforce growth in the aviation maintenance industry; and
"(7) develop recommendations for addressing the needs for government funding, private investment, equipment for training purposes,
and other resources necessary to strengthen existing training programs or develop new training programs to support workforce growth in
the aviation industry.
"(g) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study.
"(h) Definitions.—In this section, the following definitions apply:
"(1) Aviation maintenance industry.—The term 'aviation maintenance industry' means repair stations certificated under part 145 of title
14, Code of Federal Regulations.

"(2) Technical worker.—The term 'technical worker' means an individual authorized under part 43 of title 14, Code of Federal
Regulations, to maintain, rebuild, alter, or perform preventive maintenance on an aircraft, airframe, aircraft engine, propeller, appliance, or
component part or employed by an entity so authorized to perform such a function."

Improvement of Curriculum Standards for Aviation Maintenance Technicians
Pub. L. 108–176, title V, §504, Dec. 12, 2003, 117 Stat. 2559, provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration shall ensure that the training standards for airframe and

powerplant mechanics under part 65 of title 14, Code of Federal Regulations, are updated and revised in accordance with this section. The
Administrator may update and revise the training standards through the initiation of a formal rulemaking or by issuing an advisory circular or
other agency guidance.
"(b) Elements for Consideration.—The updated and revised standards required under subsection (a) shall include those curriculum
adjustments that are necessary to more accurately reflect current technology and maintenance practices.
"(c) Certification.—Any adjustment or modification of current curriculum standards made pursuant to this section shall be reflected in the
certification examinations of airframe and powerplant mechanics.
"(d) Completion.—The revised and updated training standards required by subsection (a) shall be completed not later than 12 months after
the date of enactment of this Act [Dec. 12, 2003].
"(e) Periodic Reviews and Updates.—The Administrator shall review the content of the curriculum standards for training airframe and
powerplant mechanics referred to in subsection (a) every 3 years after completion of the revised and updated training standards required
under subsection (a) as necessary to reflect current technology and maintenance practices."

Improved Training for Airframe and Powerplant Mechanics
Pub. L. 106–181, title V, §517, Apr. 5, 2000, 114 Stat. 145, provided that: "The Administrator [of the Federal Aviation Administration] shall form a
partnership with industry and labor to develop a model program to improve the curricula, teaching methods, and quality of instructors for
training individuals that need certification as airframe and powerplant mechanics."

§44516. Human factors program
(a) Human Factors Training.—
(1) Air traffic controllers.—The Administrator of the Federal Aviation Administration shall—
(A) address the problems and concerns raised by the National Research Council in its report "The Future of Air Traffic Control" on air traffic control
automation; and
(B) respond to the recommendations made by the National Research Council.
(2) Pilots and flight crews.—The Administrator shall work with representatives of the aviation industry and appropriate aviation programs associated
with universities to develop specific training curricula to address critical safety problems, including problems of pilots—
(A) in recovering from loss of control of an aircraft, including handling unusual attitudes and mechanical malfunctions;
(B) in deviating from standard operating procedures, including inappropriate responses to emergencies and hazardous weather;
(C) in awareness of altitude and location relative to terrain to prevent controlled flight into terrain; and
(D) in landing and approaches, including nonprecision approaches and go-around procedures.
(b) Test Program.—The Administrator shall establish a test program in cooperation with air carriers to use model Jeppesen approach plates or other similar
tools to improve precision-like landing approaches for aircraft.
(c) Report.—Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the
Administration's efforts to encourage the adoption and implementation of advanced qualification programs for air carriers under this section.

(d) Advanced Qualification Program Defined.—In this section, the term "advanced qualification program" means an alternative method for qualifying,
training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation
requirements of parts 121 and 135 of title 14, Code of Federal Regulations.
(Added Pub. L. 106–181, title VII, §713(a), Apr. 5, 2000, 114 Stat. 160.)
Editorial Notes

References in Text
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
Statutory Notes and Related Subsidiaries

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

Human Factors Education Program
Pub. L. 116–260, div. V, title I, §124, Dec. 27, 2020, 134 Stat. 2346, provided that:
"(a) Human Factors Education Program.—
"(1) In general.—The Administrator shall develop a human factors education program that addresses the effects of modern flight deck

systems, including automated systems, on human performance for transport airplanes and the approaches for better integration of human
factors in aircraft design and certification.
"(2) Target audience.—The human factors education program shall be integrated into the training protocols (as in existence as of the
date of enactment of this title [Dec. 27, 2020]) for, and be routinely administered to, the following:
"(A) Appropriate employees within the Flight Standards Service.
"(B) Appropriate employees within the Aircraft Certification Service.
"(C) Other employees or authorized representatives determined to be necessary by the Administrator.
"(b) Transport Airplane Manufacturer Information Sharing.—The Administrator shall—
"(1) require each transport airplane manufacturer to provide the Administrator with the information or findings necessary for flight crew
to be trained on flight deck systems;
"(2) ensure the information or findings under paragraph (1) adequately includes consideration of human factors; and
"(3) ensure that each transport airplane manufacturer identifies any technical basis, justification or rationale for the information and
findings under paragraph (1)."
[For definitions of "Administrator" and "transport airplanes" as used in section 124 of div. V of Pub. L. 116–260, set out above, see section 137
of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

§44517. Program to permit cost sharing of air traffic modernization projects
(a) In General.—Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to project
sponsors for not more than 10 eligible projects per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nation's air
transportation system by encouraging non-Federal investment in critical air traffic control equipment and software.
(b) Federal Share.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share
of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117.

(c) Limitation on Grant Amounts.—No eligible project may receive more than $5,000,000 in Federal funds under the program.
(d) Funding.—The Secretary shall use amounts appropriated under section 48101(a) to carry out the program.
(e) Definitions.—In this section, the following definitions apply:
(1) Eligible project.—The term "eligible project" means a project to purchase equipment or software relating to the Nation's air traffic control system that
is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include
—
(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear
detection equipment, and lighting improvements;
(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory
equipment; and
(C) equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.
(2) Project sponsor.—The term "project sponsor" means any major user of the national airspace system, as determined by the Secretary, including a
public-use airport or a joint venture between a public-use airport and one or more air carriers.
(f) Transfers of Equipment.—Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without
consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this
section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.
(g) Guidelines.—The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative
rulemaking requirements under subchapter II of chapter 5 of title 5.
(Added Pub. L. 108–176, title I, §183(a), Dec. 12, 2003, 117 Stat. 2516.)
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§44518. Advanced Materials Center of Excellence
(a) In General.—The Administrator of the Federal Aviation Administration shall continue operation of the Advanced Materials Center of Excellence (referred
to in this section as the "Center") under its structure as in effect on March 1, 2016, which shall focus on applied research and training on the durability and
maintainability of advanced materials in transport airframe structures.
(b) Responsibilities.—The Center shall—
(1) promote and facilitate collaboration among academia, the Transportation Division of the Federal Aviation Administration, and the commercial aircraft
industry, including manufacturers, commercial air carriers, and suppliers; and
(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study.
(c) Authorization of Appropriations.—Out of amounts appropriated under section 48102(a), the Administrator may expend not more than $10,000,000 for
each of fiscal years 2021 through 2023 to carry out this section. Amounts appropriated under the preceding sentence for each fiscal year shall remain available
until expended.
(Added Pub. L. 115–254, div. B, title VII, §762(a), Oct. 5, 2018, 132 Stat. 3428; amended Pub. L. 116–260, div. V, title I, §134, Dec. 27, 2020, 134 Stat. 2356.)

Amendments
2020—Subsec. (c). Pub. L. 116–260 added subsec. (c).

§44519. Certification personnel continuing education and training
(a) In General.—The Administrator of the Federal Aviation Administration shall—
(1) develop a program for regular recurrent training of engineers, inspectors, and other subject-matter experts employed in the Aircraft Certification Service
of the Administration in accordance with the training strategy developed pursuant to section 231 of the FAA Reauthorization Act of 2018 (Public Law 115–254;
132 Stat. 3256);
(2) to the maximum extent practicable, implement measures, including assignments in multiple divisions of the Aircraft Certification Service, to ensure that
such engineers and other subject-matter experts in the Aircraft Certification Service have access to diverse professional opportunities that expand their
knowledge and skills;
(3) develop a program to provide continuing education and training to Administration personnel who hold positions involving aircraft certification and flight
standards, including human factors specialists, engineers, flight test pilots, inspectors, and, as determined appropriate by the Administrator, industry personnel
who may be responsible for compliance activities including designees; and
(4) in consultation with outside experts, develop—
(A) an education and training curriculum on current and new aircraft technologies, human factors, project management, and the roles and responsibilities
associated with oversight of designees; and
(B) recommended practices for compliance with Administration regulations.
(b) Implementation.—The Administrator shall, to the maximum extent practicable, ensure that actions taken pursuant to subsection (a)—
(1) permit engineers, inspectors, and other subject matter experts to continue developing knowledge of, and expertise in, new and emerging technologies in
systems design, flight controls, principles of aviation safety, system oversight, and certification project management;
(2) minimize the likelihood of an individual developing an inappropriate bias toward a designer or manufacturer of aircraft, aircraft engines, propellers, or
appliances;
(3) are consistent with any applicable collective bargaining agreements; and
(4) account for gaps in knowledge and skills (as identified by the Administrator in consultation with the exclusive bargaining representatives certified under
section 7111 of title 5, United States Code) between Administration employees and private-sector employees for each group of Administration employees
covered under this section.
(c) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator, $10,000,000 for each of fiscal years 2021 through 2023
to carry out this section. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.
(Added Pub. L. 116–260, div. V, title I, §112(a), Dec. 27, 2020, 134 Stat. 2331.)

References in Text
Section 231 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3256), referred to in subsec. (a)(1), is section 231 of Pub. L.
115–254, div. B, title II, Oct. 5, 2018, 132 Stat. 3256, which is not classified to the Code.

CHAPTER 447—SAFETY REGULATION
Sec.

44701.
44702.
44703.
44704.
44705.
44706.

General requirements.
Issuance of certificates.
Airman certificates.
Type certificates, production certificates, airworthiness certificates, and design and production
organization certificates.
Air carrier operating certificates.
Airport operating certificates.

44707.
44708.
44709.
44710.
44711.
44712.
44713.
44714.
44715.
44716.
44717.
44718.
44719.
44720.
44721.
44722.
44723.
44724.
44725.
44726.
44727.
44728.
44729.
44730.
44731.
44732.
44733.
44734.
44735.
44736.
44737.
44738.
44739.
44740.
44741.
44742.
44743.

Examining and rating air agencies.
Inspecting and rating air navigation facilities.
Amendments, modifications, suspensions, and revocations of certificates.
Revocations of airman certificates for controlled substance violations.
Prohibitions and exemption.
Emergency locator transmitters.
Inspection and maintenance.
Aviation fuel standards.
Controlling aircraft noise and sonic boom.
Collision avoidance systems.
Aging aircraft.
Structures interfering with air commerce or national security.
Standards for navigational aids.
Meteorological services.
Aeronautical charts and related products and services.
Aircraft operations in winter conditions.
Annual report.
Manipulation of flight controls.
Life-limited aircraft parts.
Denial and revocation of certificate for counterfeit parts violations.
Runway safety areas.
Flight attendant certification.
Age standards for pilots.
Helicopter air ambulance operations.
Collection of data on helicopter air ambulance operations.
Prohibition on personal use of electronic devices on flight deck.
Inspection of repair stations located outside the United States.
Training of flight attendants.
Limitation on disclosure of safety information.
Organization designation authorizations.
Helicopter fuel system safety.
Training on human trafficking for certain staff.
Pets on airplanes.
Special rule for certain aircraft operations.
Approval of organization designation authorization unit members.
Interference with the duties of organization designation authorization unit members.
Pilot training requirements.
Editorial Notes

Amendments
2020—Pub. L. 116–260, div. V, title I, §§107(d)(2), 119(b), Dec. 27, 2020, 134 Stat. 2326, 2339, added items 44740 to 44743 and struck out
second item 44737 "Special rule for certain aircraft operations".
2018—Pub. L. 115–254, div. B, title II, §212(b), title III, §317(b), title IV, §§408(b), 417(b), title V, §581(b)(2), Oct. 5, 2018, 132 Stat. 3249, 3269,
3330, 3334, 3398, added item 44736, two items 44737, and items 44738 and 44739.
2016—Pub. L. 114–328, div. A, title III, §341(a)(4)(B), Dec. 23, 2016, 130 Stat. 2081, substituted "Structures interfering with air commerce or
national security" for "Structures interfering with air commerce" in item 44718.
2012—Pub. L. 112–95, title III, §§303(c)(2), 306(c), 307(c), 308(b), 309(b), 310(b), Feb. 14, 2012, 126 Stat. 58, 61, 62, 64, 65, substituted "Type
certificates, production certificates, airworthiness certificates, and design and production organization certificates" for "Type certificates,

production certificates, airworthiness certificates, and design organization certificates" in item 44704 and added items 44730 to 44735.
2007—Pub. L. 110–135, §2(b), Dec. 13, 2007, 121 Stat. 1452, added item 44729.
2003—Pub. L. 108–176, title II, §227(e)(2), title V, §502(b), title VIII, §814(b), Dec. 12, 2003, 117 Stat. 2532, 2557, 2592, substituted "Type
certificates, production certificates, airworthiness certificates, and design organization certificates" for "Type certificates, production certificates,
and airworthiness certificates" in item 44704 and added items 44727 and 44728.
2000—Pub. L. 106–181, title V, §§504(c), 505(a)(2), title VI, §603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted "Aeronautical charts and
related products and services" for "Aeronautical maps and charts" in item 44721 and added items 44725 and 44726.
1996—Pub. L. 104–264, title VI, §602(a)(2), Oct. 9, 1996, 110 Stat. 3264, added item 44724.

§44701. General requirements
(a) Promoting Safety.—The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing—
(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, and performance of
aircraft, aircraft engines, and propellers;
(2) regulations and minimum standards in the interest of safety for—
(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;
(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including
the reserve supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and
(5) regulations and minimum standards for other practices, methods, and procedure the Administrator finds necessary for safety in air commerce and
national security.
(b) Prescribing Minimum Safety Standards.—The Administrator may prescribe minimum safety standards for—
(1) an air carrier to whom a certificate is issued under section 44705 of this title; and
(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.
(c) Reducing and Eliminating Accidents.—The Administrator shall carry out this chapter in a way that best tends to reduce or eliminate the possibility or
recurrence of accidents in air transportation. However, the Administrator is not required to give preference either to air transportation or to other air commerce in
carrying out this chapter.
(d) Considerations and Classification of Regulations and Standards.—When prescribing a regulation or standard under subsection (a) or (b) of this
section or any of sections 44702–44716 of this title, the Administrator shall—
(1) consider—
(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air commerce; and
(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.
(e) Bilateral Exchanges of Safety Oversight Responsibilities.—
(1) In general.—Notwithstanding the provisions of this chapter, the Administrator, pursuant to Article 83 bis of the Convention on International Civil Aviation
and by a bilateral agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective functions and
duties with respect to registered aircraft under the following articles of the Convention: Article 12 (Rules of the Air); Article 31 (Certificates of Airworthiness); or
Article 32a (Licenses of Personnel).

(2) Relinquishment and acceptance of responsibility.—The Administrator relinquishes responsibility with respect to the functions and duties
transferred by the Administrator as specified in the bilateral agreement, under the Articles listed in paragraph (1) for United States-registered aircraft described
in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties under those Articles for aircraft registered abroad
and described in paragraph (4)(B) that are transferred to the United States.
(3) Conditions.—The Administrator may predicate, in the agreement, the transfer of functions and duties under this subsection on any conditions the
Administrator deems necessary and prudent, except that the Administrator may not transfer responsibilities for United States registered aircraft described in
paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil
aviation.
(4) Registered aircraft defined.—In this subsection, the term "registered aircraft" means—
(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar
arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and
(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar
arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States.
(5) Foreign airworthiness directives.—
(A) Acceptance.—Subject to subparagraph (D), the Administrator may accept an airworthiness directive, as defined in section 39.3 of title 14, Code of
Federal Regulations, issued by an aeronautical safety authority of a foreign country, and leverage that authority's regulatory process, if—
(i) the country is the state of design for the product that is the subject of the airworthiness directive;
(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;
(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that such aeronautical safety authority has an aircraft
certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;
(iv) the aeronautical safety authority of the country utilizes an open and transparent notice and comment process in the issuance of airworthiness
directives; and
(v) the airworthiness directive is necessary to provide for the safe operation of the aircraft subject to the directive.
(B) Alternative approval process.—Notwithstanding subparagraph (A), the Administrator may issue a Federal Aviation Administration airworthiness
directive instead of accepting an airworthiness directive otherwise eligible for acceptance under such subparagraph, if the Administrator determines that
such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness
directive or the United States aviation system.
(C) Alternative means of compliance.—The Administrator may—
(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that was approved by the
aeronautical safety authority of the foreign country that issued the airworthiness directive; or
(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive accepted under such subparagraph,
approve an alternative means of compliance with respect to the airworthiness directive.
(D) Limitation.—The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a foreign country if the
airworthiness directive addresses matters other than those involving the safe operation of an aircraft.
(f) Exemptions.—The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of
sections 44702–44716 of this title if the Administrator finds the exemption is in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1185; Pub. L. 103–429, §6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title VII, §714, Apr. 5, 2000, 114
Stat. 161; Pub. L. 115–254, div. B, title II, §242, Oct. 5, 2018, 132 Stat. 3258.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44701(a)

49 App.:1421(a).

49 App.:1655(c)(1).

44701(b)

49 App.:1424(a) (related to
standards).
49 App.:1432(a) (related to
standards).

44701(c)

44701(d)

44701(e)

Aug. 23, 1958, Pub. L. 85–726, §§601(a), (b)
(1st sentence related to standards, rules,
and regulations, last sentence), (c), 604(a)
(related to standards), 72 Stat. 775, 778.
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.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§612(a) (related to standards); added May
21, 1970, Pub. L. 91–258, §51(b)(1), 84
Stat. 234; restated Sept. 3, 1982, Pub. L.
97–248, §525(a), 96 Stat. 697.

49 App.:1655(c)(1).
49 App.:1421(b) (last sentence).
49 App.:1655(c)(1).
49 App.:1421(b) (1st sentence
related to standards, rules, and
regulations).
49 App.:1655(c)(1).
49 App.:1421(c).
49 App.:1655(c)(1).

In this section, the word "Administrator" in sections 601(a)–(c) and 604 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775,

778) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "is empowered and it . . . be his duty to" and "and revising from time to time" are omitted as
surplus. In clause (1), the words "as may be" are omitted as surplus. In clauses (2)–(5), the words "Reasonable" and "reasonable" are omitted
as surplus and the word "rules" is omitted as being synonymous with "regulations". In clause (5), the words "to provide adequately" are omitted
as surplus.
In subsection (b)(1), the words "the operation of" are omitted as surplus. The words "under section 44705 of this title" are added for clarity.
In subsection (b)(2), the words "scheduled or unscheduled" are omitted as surplus.
In subsection (c), the words "carry out" are substituted for "exercise and perform his powers and duties under", and the words "in carrying
out" are substituted for "in the administration and enforcement of", for consistency and to eliminate unnecessary words.
In subsection (d), before clause (1), the word "rules" is omitted as being synonymous with "regulations". In clause (1), before subclause (A),
the word "full" is omitted as surplus. In clause (1)(A), the word "provide" is substituted for "perform" for consistency in the revised title.
In subsection (e), the words "from time to time" are omitted as surplus. The word "rule" is omitted as being synonymous with "regulation".
Pub. L. 103–429

This amends 49:44701(d) and (e) to correct erroneous cross-references.
Editorial Notes

Amendments
2018—Subsec. (e)(5). Pub. L. 115–254 added par. (5).
2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e) and redesignated former subsec. (e) as (f).

1994—Subsecs. (d), (e). Pub. L. 103–429 substituted "any of sections 44702–44716" for "section 44702–44716".
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Safety Management Systems
Pub. L. 116–260, div. V, title I, §102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that:
"(a) Rulemaking Proceeding.—
"(1) In general.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate a

rulemaking proceeding to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to section
44704 of title 49, United States Code, where the United States is the State of Design and State of Manufacture, have in place a safety
management system that is consistent with the standards and recommended practices established by ICAO and contained in annex 19 to
the Convention on International Civil Aviation (61 Stat. 1180), for such systems.
"(2) Contents of regulations.—The regulations issued under paragraph (1) shall, at a minimum—
"(A) ensure safety management systems are consistent with, and complementary to, existing safety management systems;
"(B) include provisions that would permit operational feedback from operators and pilots qualified on the manufacturers' equipment
to ensure that the operational assumptions made during design and certification remain valid;
"(C) include provisions for the Administrator's approval of, and regular oversight of adherence to, a certificate holder's safety
management system adopted pursuant to such regulations; and
"(D) require such certificate holder to adopt, not later than 4 years after the date of enactment of this title, a safety management
system.
"(b) Final Rule Deadline.—Not later than 24 months after initiating the rulemaking under subsection (a), the Administrator shall issue a final
rule.
"(c) Surveillance and Audit Requirement.—The final rule issued pursuant to subsection (b) shall include a requirement for the Administrator
to implement a systems approach to risk-based surveillance by defining and planning inspections, audits, and monitoring activities on a
continuous basis, to ensure that design and production approval holders of aviation products meet and continue to meet safety management
system requirements under the rule.
"(d) Engagement With ICAO.—The Administrator shall engage with ICAO and foreign civil aviation authorities to help encourage the adoption
of safety management systems for manufacturers on a global basis, consistent with ICAO standards.
"(e) Safety Reporting Program.—The regulations issued under subsection (a) shall require a safety management system to include a
confidential employee reporting system through which employees can report hazards, issues, concerns, occurrences, and incidents. A
reporting system under this subsection shall include provisions for reporting, without concern for reprisal for reporting, of such items by
employees in a manner consistent with confidential employee reporting systems administered by the Administrator. Such regulations shall also
require a certificate holder described in subsection (a) to submit a summary of reports received under this subsection to the Administrator at
least twice per year.
"(f) Code of Ethics.—The regulations issued under subsection (a) shall require a safety management system to include establishment of a
code of ethics applicable to all appropriate employees of a certificate holder, including officers (as determined by the FAA), which clarifies that
safety is the organization's highest priority.

[For definitions of terms used in section 102(a)–(f) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set
out as a note under section 40101 of this title.]

Certification Oversight Staff
Pub. L. 116–260, div. V, title I, §104, Dec. 27, 2020, 134 Stat. 2316, provided that:
"(a) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $27,000,000 for each of fiscal years 2021

through 2023 to recruit and retain engineers, safety inspectors, human factors specialists, chief scientific and technical advisors, software and
cybersecurity experts, and other qualified technical experts who perform duties related to the certification of aircraft, aircraft engines,
propellers, appliances, and new and emerging technologies, and perform other regulatory activities.
"(b) In General.—Not later than 60 days after the date of enactment of this title [Dec. 27, 2020], and without duplicating any recently
completed or ongoing reviews, the Administrator shall initiate a review of—
"(1) the inspectors, human factors specialists, flight test pilots, engineers, managers, and executives in the FAA who are responsible for
the certification of the design, manufacture, and operation of aircraft intended for air transportation for purposes of determining whether the
FAA has the expertise and capability to adequately understand the safety implications of, and oversee the adoption of, new or innovative
technologies, materials, and procedures used by designers and manufacturers of such aircraft; and
"(2) the Senior Technical Experts Program to determine whether the program should be enhanced or expanded to bolster and support
the programs of the FAA's Office of Aviation Safety, with particular focus placed on the Aircraft Certification Service and the Flight Standards
Service (or any successor organizations), particularly with respect to understanding the safety implications of new or innovative
technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft.
"(c) Deadline for Completion.—Not later than 270 days after the date of enactment of this title, the Administrator shall complete the review
required by subsection (b).
"(d) Briefing.—Not later than 30 days after the completion of the review required by subsection (b), the Administrator shall brief the
congressional committees of jurisdiction on the results of the review. The briefing shall include the following:
"(1) An analysis of the Administration's ability to hire safety inspectors, human factors specialists, flight test pilots, engineers, managers,
executives, scientists, and technical advisors, who have the requisite expertise to oversee new developments in aerospace design and
manufacturing.
"(2) A plan for the Administration to improve the overall expertise of the FAA's personnel who are responsible for the oversight of the
design and manufacture of aircraft.
"(e) Consultation Requirement.—In completing the review under subsection (b), the Administrator shall consult and collaborate with
appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers, human
factors specialists, flight test pilots, and FAA aviation safety inspectors), and aerospace manufacturers.
"(f) Recruitment and Retention.—
"(1) Bargaining units.—Not later than 30 days after the date of enactment of this title, the Administrator shall begin collaboration with
the exclusive bargaining representatives of engineers, safety inspectors, systems safety specialists, and other qualified technical experts
certified under section 7111 of title 5, United States Code, to improve recruitment of employees for, and to implement retention incentives for
employees holding, positions with respect to the certification of aircraft, aircraft engines, propellers, and appliances. If the Administrator and
such representatives are unable to reach an agreement collaboratively, the Administrator and such representatives shall negotiate in
accordance with section 40122(a) of title 49, United States Code, to improve recruitment and implement retention incentives for employees
described in subsection (a) who are covered under a collective bargaining agreement.
"(2) Other employees.—Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this title, the
Administrator shall initiate actions to improve recruitment of, and implement retention incentives for, any individual described in subsection
(a) who is not covered under a collective bargaining agreement.
"(3) Rule of construction.—Nothing in this section shall be construed to vest in any exclusive bargaining representative any
management right of the Administrator, as such right existed on the day before the date of enactment of this title.
"(4) Availability of appropriations.—Any action taken by the Administrator under this section shall be subject to the availability of
appropriations authorized under subsection (a)."

[For definitions of terms used in section 104 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Voluntary Safety Reporting Program
Pub. L. 116–260, div. V, title I, §113, Dec. 27, 2020, 134 Stat. 2332, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall establish a voluntary
safety reporting program for engineers, safety inspectors, systems safety specialists, and other subject matter experts certified under section
7111 of title 5, United States Code, to confidentially report instances where they have identified safety concerns during certification or oversight

processes.
"(b) Safety Reporting Program Requirements.—In establishing the safety reporting program under subsection (a), the Administrator shall
ensure the following:
"(1) The FAA maintains a reporting culture that encourages human factors specialists, engineers, flight test pilots, inspectors, and other
appropriate FAA employees to voluntarily report safety concerns.
"(2) The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions related to
their participation in the program.
"(3) The safety reporting program identifies exclusionary criteria for the program.
"(4) Collaborative development of the program with bargaining representatives of employees under section 7111 of title 5, United States
Code, who are employed in the Aircraft Certification Service or Flight Standards Service of the Administration (or, if unable to reach an
agreement collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United
States Code, regarding the development of the program).
"(5) Full and collaborative participation in the program by the bargaining representatives of employees described in paragraph (4).
"(6) The Administrator thoroughly reviews safety reports to determine whether there is a safety issue, including a hazard, defect,
noncompliance, nonconformance, or process error.
"(7) The Administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety
concern being raised.
"(8) The creation of a corrective action process in order to address safety issues that are identified through the program.
"(c) Outcomes.—Results of safety report reviews under this section may be used to—
"(1) improve—
"(A) safety systems, hazard control, and risk reduction;
"(B) certification systems;
"(C) FAA oversight;
"(D) compliance and conformance; and
"(E) any other matter determined necessary by the Administrator; and
"(2) implement lessons learned.
"(d) Report Filing.—The Administrator shall establish requirements for when in the certification process reports may be filed to—
"(1) ensure that identified issues can be addressed in a timely manner; and
"(2) foster open dialogue between applicants and FAA employees throughout the certification process.
"(e) Integration With Other Safety Reporting Programs.—The Administrator shall implement the safety reporting program established
under subsection (a) and the reporting requirements established pursuant to subsection (d) in a manner that is consistent with other voluntary
safety reporting programs administered by the Administrator.
"(f) Report to Congress.—Not later than 2 years after the date of enactment of this title, and annually thereafter through fiscal year 2023,
the Administrator shall submit to the congressional committees of jurisdiction a report on the effectiveness of the safety reporting program
established under subsection (a)."
[For definitions of terms used in section 113 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

FAA Safety Oversight and Certification and Performance Metrics
Pub. L. 115–254, div. B, title II, §§201, 202, 211, 221, 223, 224, 243, Oct. 5, 2018, 132 Stat. 3242, 3246, 3252, 3254, 3255, 3259, as amended
by Pub. L. 116–260, div. V, title I, §129, Dec. 27, 2020, 134 Stat. 2349, provided that:

"SEC. 201. DEFINITIONS.
"In this title [enacting this note and section 44736 of this title and amending this section and sections 40104, 44704, and 45305 of this title], the
following definitions apply:
"(1) Administrator.—The term 'Administrator' means the Administrator of the FAA.
"(2) Advisory committee.—The term 'Advisory Committee' means the Safety Oversight and Certification Advisory Committee
established under section 202.
"(3) FAA.—The term 'FAA' means the Federal Aviation Administration.
"(4) Secretary.—The term 'Secretary' means the Secretary of Transportation.
"(5) Systems safety approach.—The term 'systems safety approach' means the application of specialized technical and managerial
skills to the systematic, forward-looking identification and control of hazards throughout the lifecycle of a project, program, or activity.
"SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY COMMITTEE.
"(a) Establishment.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall establish a Safety
Oversight and Certification Advisory Committee.
"(b) Duties.—The Advisory Committee shall provide advice to the Secretary on policy-level issues facing the aviation community that are
related to FAA safety oversight and certification programs and activities, including, at a minimum, the following:
"(1) Aircraft and flight standards certification processes, including efforts to streamline those processes.
"(2) Implementation and oversight of safety management systems.
"(3) Risk-based oversight efforts.
"(4) Utilization of delegation and designation authorities, including organization designation authorization.
"(5) Regulatory interpretation standardization efforts.
"(6) Training programs.
"(7) Expediting the rulemaking process and giving priority to rules related to safety.
"(8) Enhancing global competitiveness of United States manufactured and United States certificated aerospace and aviation products
and services throughout the world.
"(c) Functions.—In carrying out its duties under subsection (b), the Advisory Committee shall:
"(1) Foster industry collaboration in an open and transparent manner.
"(2) Consult with, and ensure participation by—
"(A) the private sector, including representatives of—
"(i) general aviation;
"(ii) commercial aviation;
"(iii) aviation labor;
"(iv) aviation maintenance, repair, and overhaul;
"(v) aviation, aerospace, and avionics manufacturing;
"(vi) unmanned aircraft systems operators and manufacturers; and
"(vii) the commercial space transportation industry;
"(B) members of the public; and
"(C) other interested parties.
"(3) Recommend consensus national goals, strategic objectives, and priorities for the most efficient, streamlined, and cost-effective
certification and safety oversight processes in order to maintain the safety of the aviation system and, at the same time, allow the FAA to
meet future needs and ensure that aviation stakeholders remain competitive in the global marketplace.
"(4) Provide policy guidance recommendations for the FAA's certification and safety oversight efforts.

"(5) On a regular basis, review and provide recommendations on the FAA's certification and safety oversight efforts.
"(6) Periodically review and evaluate registration, certification, and related fees.
"(7) Provide appropriate legislative, regulatory, and guidance recommendations for the air transportation system and the aviation safety
regulatory environment.
"[(8), (9). Repealed. Pub. L. 116–260, div. V, title I, §129(b), Dec. 27, 2020, 134 Stat. 2349.]
"(10) Provide a venue for tracking progress toward national goals and sustaining joint commitments.
"(11) Recommend recruiting, hiring, training, and continuing education objectives for FAA aviation safety engineers and aviation safety
inspectors.
"(12) Provide advice and recommendations to the FAA on how to prioritize safety rulemaking projects.
"(13) Improve the development of FAA regulations by providing information, advice, and recommendations related to aviation issues.
"(14) Facilitate the validation and acceptance of United States manufactured and United States certificated products and services
throughout the world.
"(d) Membership.—
"(1) In general.—The Advisory Committee shall be composed of the following members:
"(A) The Administrator (or the Administrator's designee).
"(B) At least 11 individuals, appointed by the Secretary, each of whom represents at least 1 of the following interests:
"(i) Transport aircraft and engine manufacturers.
"(ii) General aviation aircraft and engine manufacturers.
"(iii) Avionics and equipment manufacturers.
"(iv) Aviation labor organizations, including collective bargaining representatives of FAA aviation safety inspectors and aviation
safety engineers.
"(v) General aviation operators.
"(vi) Air carriers.
"(vii) Business aviation operators.
"(viii) Unmanned aircraft systems manufacturers and operators.
"(ix) Aviation safety management experts.
"(x) Aviation maintenance, repair, and overhaul.
"(xi) Airport owners and operators.
"(2) Nonvoting members.—
"(A) In general.—In addition to the members appointed under paragraph (1), the Advisory Committee shall be composed of
nonvoting members appointed by the Secretary from among individuals representing FAA safety oversight program offices.
"(B) Duties.—The nonvoting members may—
"(i) take part in deliberations of the Advisory Committee; and
"(ii) provide input with respect to any final reports or recommendations of the Advisory Committee.
"(C) Limitation.—The nonvoting members may not represent any stakeholder interest other than that of an FAA safety oversight
program office.
"(3) Terms.—Each voting member and nonvoting member of the Advisory Committee appointed by the Secretary shall be appointed for
a term of 2 years.
"(4) Committee characteristics.—The Advisory Committee shall have the following characteristics:
"(A) Each voting member under paragraph (1)(B) shall be an executive officer of the organization who has decisionmaking
authority within the member's organization and can represent and enter into commitments on behalf of such organization.
"(B) The ability to obtain necessary information from experts in the aviation and aerospace communities.
"(C) A membership size that enables the Advisory Committee to have substantive discussions and reach consensus on issues in a
timely manner.
"(D) Appropriate expertise, including expertise in certification and risked-based safety oversight processes, operations, policy,
technology, labor relations, training, and finance.

"(5) Limitation on statutory construction.—Public Law 104–65 [the Lobbying Disclosure Act of 1995] (2 U.S.C. 1601 et seq.) may not be
construed to prohibit or otherwise limit the appointment of any individual as a member of the Advisory Committee.
"(e) Chairperson.—
"(1) In general.—The Chairperson of the Advisory Committee shall be appointed by the Secretary from among those members of the
Advisory Committee that are voting members under subsection (d)(1)(B).
"(2) Term.—Each member appointed under paragraph (1) shall serve a term of 2 years as Chairperson.
"(f) Meetings.—
"(1) Frequency.—The Advisory Committee shall meet at least twice each year at the call of the Chairperson.
"(2) Public attendance.—The meetings of the Advisory Committee shall be open and accessible to the public.
"(g) Special Committees.—
"(1) Establishment.—The Advisory Committee may establish special committees composed of private sector representatives, members
of the public, labor representatives, and other relevant parties in complying with consultation and participation requirements under this
section.
"(2) Rulemaking advice.—A special committee established by the Advisory Committee may—
"(A) provide rulemaking advice and recommendations to the Advisory Committee with respect to aviation-related issues;
"(B) provide the FAA additional opportunities to obtain firsthand information and insight from those parties that are most affected by
existing and proposed regulations; and
"(C) assist in expediting the development, revision, or elimination of rules without circumventing public rulemaking processes and
procedures.
"(3) Applicable law.—Public Law 92–463 [the Federal Advisory Committee Act, 5 U.S.C. App.] shall not apply to a special committee
established by the Advisory Committee.
"(h) Sunset.—The Advisory Committee shall terminate on the last day of the 6-year period beginning on the date of the initial appointment of
the members of the Advisory Committee.
"(i) Termination of Air Traffic Procedures Advisory Committee.—The Air Traffic Procedures Advisory Committee established by the FAA
shall terminate on the date of the initial appointment of the members of the Advisory Committee.
"[SECS. 211, 221. Repealed. Pub. L. 116–260, div. V, title I, §129(a), Dec. 27, 2020, 134 Stat. 2349.]
"SEC. 223. CENTRALIZED SAFETY GUIDANCE DATABASE.
"(a) Establishment.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a
centralized safety guidance database that will—
"(1) encompass all of the regulatory guidance documents of the FAA Office of Aviation Safety;
"(2) contain, for each such guidance document, a link to the Code of Federal Regulations provision to which the document relates; and
"(3) be publicly available in a manner that—
"(A) protects from disclosure identifying information regarding an individual or entity; and
"(B) prevents inappropriate disclosure proprietary information.
"(b) Data Entry Timing.—
"(1) Existing documents.—Not later than 14 months after the date of enactment of this Act, the Administrator shall begin entering into
the database established under subsection (a) all of the regulatory guidance documents of the Office of Aviation Safety that are in effect and
were issued before the date on which the Administrator begins such entry process.
"(2) New documents and changes.—On and after the date on which the Administrator begins the document entry process under
paragraph (1), the Administrator shall ensure that all new regulatory guidance documents of the Office of Aviation Safety and any changes
to existing documents are included in the database established under subsection (a) as such documents or changes to existing documents
are issued.
"(c) Consultation Requirement.—In establishing the database under subsection (a), the Administrator shall consult and collaborate with
appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers and FAA
aviation safety inspectors) and aviation industry stakeholders.

"(d) Regulatory Guidance Documents Defined.—In this section, the term 'regulatory guidance documents' means all forms of written
information issued by the FAA that an individual or entity may use to interpret or apply FAA regulations and requirements, including information
an individual or entity may use to determine acceptable means of compliance with such regulations and requirements, such as an order,
manual, circular, policy statement, legal interpretation memorandum, or rulemaking document.
"SEC. 224. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
"(a) Establishment.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a
Regulatory Consistency Communications Board (in this section referred to as the 'Board').
"(b) Consultation Requirement.—In establishing the Board, the Administrator shall consult and collaborate with appropriate stakeholders,
including FAA labor organizations (including labor organizations representing FAA aviation safety inspectors) and industry stakeholders.
"(c) Membership.—The Board shall be composed of FAA representatives, appointed by the Administrator, from—
"(1) the Flight Standards Service;
"(2) the Aircraft Certification Service; and
"(3) the Office of the Chief Counsel.
"(d) Functions.—The Board shall carry out the following functions:
"(1) Establish, at a minimum, processes by which—
"(A) FAA personnel and persons regulated by the FAA may submit anonymous regulatory interpretation questions without fear of
retaliation;
"(B) FAA personnel may submit written questions, and receive written responses, as to whether a previous approval or regulatory
interpretation issued by FAA personnel in another office or region is correct or incorrect; and
"(C) any other person may submit written anonymous regulatory interpretation questions.
"(2) Meet on a regular basis to discuss and resolve questions submitted pursuant to paragraph (1) and the appropriate application of
regulations and policy with respect to each question.
"(3) Provide to a person that submitted a question pursuant to subparagraph (A) or (B) of paragraph (1) a timely written response to the
question.
"(4) Establish a process to make resolutions of common regulatory interpretation questions publicly available to FAA personnel, persons
regulated by the FAA, and the public without revealing any identifying data of the person that submitted the question and in a manner that
protects any proprietary information.
"(5) Ensure the incorporation of resolutions of questions submitted pursuant to paragraph (1) into regulatory guidance documents, as
such term is defined in section 223(d).
"(e) Performance Metrics, Timelines, and Goals.—Not later than 180 days after the date on which the Advisory Committee recommends
performance objectives and performance metrics for the FAA and the regulated aviation industry under section 202, the Administrator, in
collaboration with the Advisory Committee, shall—
"(1) establish performance metrics, timelines, and goals to measure the progress of the Board in resolving regulatory interpretation
questions submitted pursuant to subsection (d)(1); and
"(2) implement a process for tracking the progress of the Board in meeting the performance metrics, timelines, and goals established
under paragraph (1).
"SEC. 243. FAA LEADERSHIP ABROAD.
"(a) In General.—To promote United States aerospace safety standards, reduce redundant regulatory activity, and facilitate acceptance of
FAA design and production approvals abroad, the Administrator shall—
"(1) attain greater expertise in issues related to dispute resolution, intellectual property, and export control laws to better support FAA
certification and other aerospace regulatory activities abroad;
"(2) work with United States companies to more accurately track the amount of time it takes foreign authorities, including bilateral
partners, to validate United States certificated aeronautical products;
"(3) provide assistance to United States companies that have experienced significantly long foreign validation wait times;

"(4) work with foreign authorities, including bilateral partners, to collect and analyze data to determine the timeliness of the acceptance
and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products
by the FAA;
"(5) establish appropriate benchmarks and metrics to measure the success of bilateral aviation safety agreements and to reduce the
validation time for United States certificated aeronautical products abroad; and
"(6) work with foreign authorities, including bilateral partners, to improve the timeliness of the acceptance and validation of FAA design
and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA.
"(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 a report that—
"(1) describes the FAA's strategic plan for international engagement;
"(2) describes the structure and responsibilities of all FAA offices that have international responsibilities, including the Aircraft
Certification Office, and all the activities conducted by those offices related to certification and production;
"(3) describes current and forecasted staffing and travel needs for the FAA's international engagement activities, including the needs of
the Aircraft Certification Office in the current and forecasted budgetary environment;
"(4) provides recommendations, if appropriate, to improve the existing structure and personnel and travel policies supporting the FAA's
international engagement activities, including the activities of the Aviation Certification Office, to better support the growth of United States
aerospace exports; and
"(5) identifies cost-effective policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely
acceptance of United States aerospace products abroad.
"(c) International Travel.—The Administrator, or the Administrator's designee, may authorize international travel for any FAA employee,
without the approval of any other person or entity, if the Administrator determines that the travel is necessary—
"(1) to promote United States aerospace safety standards; or
"(2) to support expedited acceptance of FAA design and production approvals."

FAA Technical Training
Pub. L. 115–254, div. B, title III, §302, Oct. 5, 2018, 132 Stat. 3260, provided that:
"(a) E-learning Training Pilot Program.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of

the Federal Aviation Administration], in collaboration with the exclusive bargaining representatives of covered FAA personnel, shall establish
an e-learning training pilot program in accordance with the requirements of this section.
"(b) Curriculum.—The pilot program shall—
"(1) include a recurrent training curriculum for covered FAA personnel to ensure that the covered FAA personnel receive instruction on
the latest aviation technologies, processes, and procedures;
"(2) focus on providing specialized technical training for covered FAA personnel, as determined necessary by the Administrator;
"(3) include training courses on applicable regulations of the Federal Aviation Administration; and
"(4) consider the efficacy of instructor-led online training.
"(c) Pilot Program Termination.—The pilot program shall terminate 1 year after the date of establishment of the pilot program.
"(d) E-learning Training Program.—Upon termination of the pilot program, the Administrator shall assess and establish or update an elearning training program that incorporates lessons learned for covered FAA personnel as a result of the pilot program.
"(e) Definitions.—In this section, the following definitions apply:
"(1) Covered faa personnel.—The term 'covered FAA personnel' means airway transportation systems specialists and aviation safety
inspectors of the Federal Aviation Administration.
"(2) E-learning training.—The term 'e-learning training' means learning utilizing electronic technologies to access educational
curriculum outside of a traditional classroom."

Safety Critical Staffing
Pub. L. 115–254, div. B, title III, §303, Oct. 5, 2018, 132 Stat. 3261, provided that:

"(a) Update of FAA's Safety Critical Staffing Model.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the
Administrator [of the Federal Aviation Administration] shall update the safety critical staffing model of the Administration to determine the
number of aviation safety inspectors that will be needed to fulfill the safety oversight mission of the Administration.
"(b) Audit by DOT Inspector General.—
"(1) In general.—Not later than 90 days after the date on which the Administrator has updated the safety critical staffing model under
subsection (a), the Inspector General of the Department of Transportation shall conduct an audit of the staffing model.
"(2) Contents.—The audit shall include, at a minimum—
"(A) a review of the assumptions and methodologies used in devising and implementing the staffing model to assess the adequacy
of the staffing model in predicting the number of aviation safety inspectors needed—
"(i) to properly fulfill the mission of the Administration; and
"(ii) to meet the future growth of the aviation industry; and
"(B) a determination on whether the staffing model takes into account the Administration's authority to fully utilize designees.
"(3) Report on audit.—
"(A) Report to secretary.—Not later than 30 days after the date of completion of the audit, the Inspector General shall submit to
the Secretary a report on the results of the audit.
"(B) Report to congress.—Not later than 60 days after the date of receipt of the report, the Secretary 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 copy of the report, together with, if appropriate, a description of any
actions taken or to be taken to address the results of the audit."

Emergency Medical Equipment on Passenger Aircraft
Pub. L. 115–254, div. B, title III, §307, Oct. 5, 2018, 132 Stat. 3263, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration] shall evaluate and revise, as appropriate, regulations in part 121 of title 14, Code of Federal Regulations, regarding emergency
medical equipment, including the contents of first-aid kits, applicable to all certificate holders operating passenger aircraft under that part.
"(b) Consideration.—In carrying out subsection (a), the Administrator shall consider whether the minimum contents of approved emergency
medical kits, including approved first-aid kits, include appropriate medications and equipment to meet the emergency medical needs of
children and pregnant women."

FAA and NTSB Review of General Aviation Safety
Pub. L. 115–254, div. B, title III, §308, Oct. 5, 2018, 132 Stat. 3263, provided that:
"(a) Study Required.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration], in coordination with the Chairman of the National Transportation Safety Board, shall initiate a study of general aviation safety.
"(b) Study Contents.—The study required under subsection (a) shall include—
"(1) a review of all general aviation accidents since 2000, including a review of—
"(A) the number of such accidents;
"(B) the number of injuries and fatalities, including with respect to both occupants of aircraft and individuals on the ground, as a
result of such accidents;
"(C) the number of such accidents investigated by the National Transportation Safety Board;
"(D) the number of such accidents investigated by the FAA [Federal Aviation Administration]; and
"(E) a summary of the factual findings and probable cause determinations with respect to such accidents;
"(2) an assessment of the most common probable cause determinations issued for general aviation accidents since 2000;
"(3) an assessment of the most common facts analyzed by the FAA and the National Transportation Safety Board in the course of
investigations of general aviation accidents since 2000, including operational details;
"(4) a review of the safety recommendations of the National Transportation Safety Board related to general aviation accidents since
2000;

"(5) an assessment of the responses of the FAA and the general aviation community to the safety recommendations of the National
Transportation Safety Board related to general aviation accidents since 2000;
"(6) an assessment of the most common general aviation safety issues;
"(7) a review of the total costs to the Federal Government to conduct investigations of general aviation accidents over the last 10 years;
and
"(8) other matters the Administrator or the Chairman considers appropriate.
"(c) Recommendations and Actions To Address General Aviation Safety.—Based on the results of the study required under subsection (a),
the Administrator, in consultation with the Chairman, shall make such recommendations, including with respect to regulations and enforcement
activities, as the Administrator considers necessary to—
"(1) address general aviation safety issues identified under the study;
"(2) protect persons and property on the ground; and
"(3) improve the safety of general aviation operators in the United States.
"(d) Authority.—Notwithstanding any other provision of law, the Administrator shall have the authority to undertake actions to address the
recommendations made under subsection (c).
"(e) 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 results of the study required under subsection (a), including the
recommendations described in subsection (c).
"(f) General Aviation Defined.—In this section, the term 'general aviation' means aircraft operation for personal, recreational, or other
noncommercial purposes."

Aviation Rulemaking Committee for Part 135 Pilot Rest and Duty Rules
Pub. L. 115–254, div. B, title III, §315, Oct. 5, 2018, 132 Stat. 3267, 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 convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, pilot rest
and duty rules under part 135 of title 14, Code of Federal Regulations.
"(b) Duties.—The Administrator shall—
"(1) not later than 2 years after the date of enactment of this Act, 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 based on the findings of the aviation rulemaking committee; and
"(2) not later than 1 year after the date of submission of the report under paragraph (1), issue a notice of proposed rulemaking based on
any consensus recommendations reached by the aviation rulemaking committee.
"(c) Composition.—The aviation rulemaking committee shall consist of members appointed by the Administrator, including—
"(1) representatives of industry;
"(2) representatives of aviation labor organizations, including collective bargaining units representing pilots who are covered by part 135
of title 14, Code of Federal Regulations, and subpart K of part 91 of such title; and
"(3) aviation safety experts with specific knowledge of flight crewmember education and training requirements under part 135 of such
title.
"(d) Considerations.—The Administrator shall direct the aviation rulemaking committee to consider—
"(1) recommendations of prior part 135 rulemaking committees;
"(2) accommodations necessary for small businesses;
"(3) scientific data derived from aviation-related fatigue and sleep research;
"(4) data gathered from aviation safety reporting programs;
"(5) the need to accommodate the diversity of operations conducted under part 135, including the unique duty and rest time
requirements of air ambulance pilots; and
"(6) other items, as appropriate."

Voluntary Reports of Operational or Maintenance Issues Related to Aviation Safety
Pub. L. 115–254, div. B, title III, §320, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a) In General.—There shall be a presumption that an individual's voluntary report of an operational or maintenance issue related to

aviation safety under an aviation safety action program meets the criteria for acceptance as a valid report under such program.
"(b) Disclaimer Required.—Any dissemination, within the participating organization, of a report that was submitted and accepted under an
aviation safety action program pursuant to the presumption under subsection (a), but that has not undergone review by an event review
committee, shall be accompanied by a disclaimer stating that the report—
"(1) has not been reviewed by an event review committee tasked with reviewing such reports; and
"(2) may subsequently be determined to be ineligible for inclusion in the aviation safety action program.
"(c) Rejection of Report.—
"(1) In general.—A report described under subsection (a) shall be rejected from an aviation safety action program if, after a review of
the report, an event review committee tasked with reviewing such report, or the Federal Aviation Administration member of the event review
committee in the case that the review committee does not reach consensus, determines that the report fails to meet the criteria for
acceptance under such program.
"(2) Protections.—In any case in which a report of an individual described under subsection (a) is rejected under paragraph (1)—
"(A) the enforcement-related incentive offered to the individual for making such a report shall not apply; and
"(B) the protection from disclosure of the report itself under section 40123 of title 49, United States Code, shall not apply.
"(3) Aviation safety action program defined.—In this section, the term 'aviation safety action program' means a program established in
accordance with Federal Aviation Administration Advisory Circular 120–66B, issued November 15, 2002 (including any similar successor
advisory circular), to allow an individual to voluntarily disclose operational or maintenance issues related to aviation safety."

Flight Attendant Duty Period Limitations and Rest Requirements
Pub. L. 115–254, div. B, title III, §335, Oct. 5, 2018, 132 Stat. 3280, provided that:
"(a) Modification of Final Rule.—
"(1) In general.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall

modify the final rule of the Federal Aviation Administration published in the Federal Register on August 19, 1994 (59 Fed. Reg. 42974;
relating to flight attendant duty period limitations and rest requirements) in accordance with the requirements of this subsection.
"(2) Contents.—The final rule, as modified under paragraph (1), shall ensure that—
"(A) a flight attendant scheduled to a duty period of 14 hours or less is given a scheduled rest period of at least 10 consecutive
hours; and
"(B) the rest period is not reduced under any circumstances.
"(b) Fatigue Risk Management Plan.—
"(1) Submission of plan by part 121 air carriers.—Not later than 90 days after the date of enactment of this Act, each air carrier
operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a 'part 121 air carrier'), shall submit to the
Administrator of the Federal Aviation Administration for review and acceptance a fatigue risk management plan for the carrier's flight
attendants.
"(2) Contents of plan.—A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the
following:
"(A) Current flight time and duty period limitations.
"(B) A rest scheme consistent with such limitations that enables the management of flight attendant fatigue, including annual
training to increase awareness of—
"(i) fatigue;
"(ii) the effects of fatigue on flight attendants; and
"(iii) fatigue countermeasures.

"(C) Development and use of a methodology that continually assesses the effectiveness of implementation of the plan, including
the ability of the plan—
"(i) to improve alertness; and
"(ii) to mitigate performance errors.
"(3) Review.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall review and accept or
reject each fatigue risk management plan submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide
suggested modifications for resubmission of the plan.
"(4) Plan updates.—
"(A) In general.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit
the update to the Administrator for review and acceptance.
"(B) Review.—Not later than 1 year after the date of submission of a plan update under subparagraph (A), the Administrator shall
review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for
resubmission of the update.
"(5) Compliance.—A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the
Administrator under this subsection.
"(6) Civil penalties.—A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United
States Code, for purposes of the application of civil penalties under chapter 463 of that title."

Clarification of Requirements for Living History Flights
Pub. L. 115–254, div. B, title V, §532, Oct. 5, 2018, 132 Stat. 3366, provided that:
"(a) In General.—Notwithstanding any other law or regulation, in administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1), 91.319(a)(2),

119.5(g), and 119.21(a) of title 14, Code of Federal Regulations (or any successor regulations), the Administrator [of the Federal Aviation
Administration] shall allow an aircraft owner or operator to accept monetary or in-kind donations for a flight operated by a living history flight
experience provider, 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 Public Safety.—The Administrator, consistent with current standards of the [Federal Aviation] Administration for
such operations, shall impose minimum standards with respect to training and flight hours for operations conducted by an owner or operator of
an aircraft providing living history flight experience operations, including mandating that the pilot in command of such aircraft hold a
commercial pilot certificate with instrument rating and be current and qualified with respect to all ratings or authorizations applicable to the
specific aircraft being flown to ensure the safety of flight operations described in subsection (a).
"(c) Living History Flight Experience Provider Defined.—In this section, the term 'living history flight experience provider' means an aircraft
owner, aircraft operator, or organization that provides, arranges, or otherwise fosters living history flight experiences for the purpose of fulfilling
its mission."

FAA Civil Aviation Registry Upgrade
Pub. L. 115–254, div. B, title V, §546, Oct. 5, 2018, 132 Stat. 3376, provided that:
"(a) In General.—Not later than 3 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation

Administration shall complete covered upgrades of the Administration's Civil Aviation Registry (in this section referred to as the 'Registry').
"(b) Covered Upgrade Defined.—In this section, the term 'covered upgrades' means—
"(1) the digitization of nondigital Registry information, including paper documents, microfilm images, and photographs, from an analog
or nondigital format to a digital format;
"(2) the digitalization of Registry manual and paper-based processes, business operations, and functions by leveraging digital
technologies and a broader use of digitized data;

"(3) the implementation of systems allowing a member of the public to submit any information or form to the Registry and conduct any
transaction with the Registry by electronic or other remote means; and
"(4) allowing more efficient, broader, and remote access to the Registry.
"(c) Applicability.—The requirements of subsection (a) shall apply to the entire Civil Aviation Registry, including the Aircraft Registration
Branch and the Airmen Certification Branch.
"(d) Manual Surcharge.—[Enacted section 45306 of this title.]
"(e) Report.—Not later than 1 year after date of enactment of this Act, and annually thereafter until the covered upgrades required under
subsection (a) are complete, the Administrator shall submit a report 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] describing—
"(1) the schedule for the covered upgrades to the Registry;
"(2) the office responsible for the implementation of the such covered upgrades;
"(3) the metrics being used to measure progress in implementing the covered upgrades; and
"(4) the status of the covered upgrades as of the date of the report."

Undeclared Hazardous Materials Public Awareness Campaign
Pub. L. 115–254, div. B, title V, §583, Oct. 5, 2018, 132 Stat. 3399, provided that:
"(a) In General.—The Secretary of Transportation shall carry out a public awareness campaign to reduce the amount of undeclared

hazardous materials traveling through air commerce.
"(b) Campaign Requirements.—The public awareness campaign required under subsection (a) shall do the following:
"(1) Focus on targeting segments of the hazardous materials industry with high rates of undeclared shipments through air commerce
and educate air carriers, shippers, manufacturers, and other relevant stakeholders of such segments on properly packaging and classifying
such shipments.
"(2) Educate the public on proper ways to declare and ship hazardous materials, examples of everyday items that are considered
hazardous materials, and penalties associated with intentional shipments of undeclared hazardous materials.
"(c) Interagency Working Group.—
"(1) Establishment.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall
establish an interagency working group to promote collaboration and engagement between the Department of Transportation and other
relevant agencies, and develop recommendations and guidance on how best to conduct the public awareness campaign required under
subsection (a).
"(2) Duties.—The interagency working group shall consult with relevant stakeholders, including cargo air carriers, passenger air
carriers, and labor organizations representing pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of
Federal Regulations.
"(d) Update.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall provide to the appropriate
committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and
Infrastructure of the House of Representatives] an update on the status of the public awareness campaign required under subsection (a)."

Cockpit Automation Management
Pub. L. 114–190, title II, §2102, July 15, 2016, 130 Stat. 619, provided that: "Not later than 180 days after the date of enactment of this Act [July
15, 2016], the Administrator of the Federal Aviation Administration shall—
"(1) develop a process to verify that air carrier training programs incorporate measures to train pilots on—
"(A) monitoring automation systems; and
"(B) controlling the flightpath of aircraft without autopilot or autoflight systems engaged;
"(2) develop metrics or measurable tasks that air carriers can use to evaluate pilot monitoring proficiency;
"(3) issue guidance to aviation safety inspectors responsible for oversight of the operations of air carriers on tracking and assessing
pilots' proficiency in manual flight; and

"(4) issue guidance to air carriers and inspectors regarding standards for compliance with the requirements for enhanced pilot training
contained in the final rule published in the Federal Register on November 12, 2013 (78 Fed. Reg. 67800)."

Additional Certification Resources
Pub. L. 114–190, title II, §2109, July 15, 2016, 130 Stat. 623, provided that:
"(a) In General.—Notwithstanding any other provision of law, and subject to the requirements of subsection (b), the Administrator of the FAA

may enter into a reimbursable agreement with an applicant or certificate-holder for the reasonable travel and per diem expenses of the FAA
associated with official travel to expedite the acceptance or validation by a foreign authority of an FAA certificate or design approval or the
acceptance or validation by the FAA of a foreign authority certificate or design approval.
"(b) Conditions.—The Administrator may enter into an agreement under subsection (a) only if—
"(1) the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to
expedite the acceptance or validation of the relevant certificate or approval;
"(2) the travel is conducted at the request of the applicant or certificate-holder;
"(3) travel plans and expenses are approved by the applicant or certificate-holder prior to travel; and
"(4) the agreement requires payment in advance of FAA services and is consistent with the processes under section 106(l)(6) of title 49,
United States Code.
"(c) Report.—Not later than 2 years after the date of enactment of this Act [July 15, 2016], 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—
"(1) the number of occasions on which the Administrator entered into reimbursable agreements under this section;
"(2) the number of occasions on which the Administrator declined a request by an applicant or certificate-holder to enter into a
reimbursable agreement under this section;
"(3) the amount of reimbursements collected in accordance with agreements under this section; and
"(4) the extent to which reimbursable agreements under this section assisted in reducing the amount of time necessary for validations of
certificates and design approvals.
"(d) Definitions.—In this section, the following definitions apply:
"(1) Applicant.—The term 'applicant' means a person that has—
"(A) applied to a foreign authority for the acceptance or validation of an FAA certificate or design approval; or
"(B) applied to the FAA for the acceptance or validation of a foreign authority certificate or design approval.
"(2) Certificate-holder.—The term 'certificate-holder' means a person that holds a certificate issued by the Administrator under part 21
of title 14, Code of Federal Regulations.
"(3) FAA.—The term 'FAA' means the Federal Aviation Administration."

Notices to Airmen
Pub. L. 115–254, div. B, title III, §394(a), Oct. 5, 2018, 132 Stat. 3325, provided that: "Beginning on the date that is 180 days after the date of
enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] may not take any enforcement action against
any individual for a violation of a NOTAM (as defined in section 3 of the Pilot's Bill of Rights [Pub. L. 112–153] (49 U.S.C. 44701 note)) until the
Administrator certifies 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] that the Administrator has complied with the requirements of
section 3 of the Pilot's Bill of Rights, as amended by this section."
Pub. L. 112–153, §3, Aug. 3, 2012, 126 Stat. 1162, as amended by Pub. L. 115–254, div. B, title III, §394(b), Oct. 5, 2018, 132 Stat. 3325, provided
that:
"(a) In General.—
"(1) Definition.—In this section, the term 'NOTAM' means Notices to Airmen.
"(2) Improvements.—Not later than 180 days after the date of the enactment of the Fairness for Pilots Act [Oct. 5, 2018], the
Administrator of the Federal Aviation Administration shall complete the implementation of a Notice to Airmen Improvement Program (in this

section referred to as the 'NOTAM Improvement Program')—
"(A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system;
"(B) to continue developing and modernizing the NOTAM repository, in a public central location, to maintain and archive all
NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with
the date of each amendment, in a manner that is Internet-accessible, machine-readable, and searchable;
"(C) to apply filters so that pilots can prioritize critical flight safety information from other airspace system information; and
"(D) to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use
airspace in a specific area.
"(b) Goals of Program.—The goals of the NOTAM Improvement Program are—
"(1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the
national airspace system;
"(2) make the NOTAMs more specific and relevant to the airman's route and in a format that is more useable to the airman;
"(3) to provide a full set of NOTAM results in addition to specific information requested by airmen;
"(4) to provide a document that is easily searchable; and
"(5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen.
"(c) Advice From Private Sector Groups.—The Administrator shall establish a NOTAM Improvement Panel, which shall be comprised of
representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the
NOTAM Improvement Program under this section.
"(d) Designation of Repository as Sole Source for NOTAMs.—
"(1) In general.—The Administrator—
"(A) shall consider the repository for NOTAMs under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs;
and
"(B) may not consider a NOTAM to be announced or published until the NOTAM is included in the repository for NOTAMs under
subsection (a)(2)(B).
"(2) Prohibition on taking action for violations of notams not in repository.—
"(A) In general.—Except as provided in subparagraph (B), beginning on the date that the repository under subsection (a)(2)(B) is
final and published, the Administrator may not take any enforcement action against an airman for a violation of a NOTAM during a flight if
—
"(i) that NOTAM is not available through the repository before the commencement of the flight; and
"(ii) that NOTAM is not reasonably accessible and identifiable to the airman.
"(B) Exception for national security.—Subparagraph (A) shall not apply in the case of an enforcement action for a violation of a
NOTAM that directly relates to national security."

Consistency of Regulatory Interpretation
Pub. L. 112–95, title III, §313, Feb. 14, 2012, 126 Stat. 67, provided that:
"(a) Establishment of Advisory Panel.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of

the Federal Aviation Administration shall establish an advisory panel comprised of both Government and industry representatives to—
"(1) review the October 2010 report by the Government Accountability Office on certification and approval processes (GAO–11–14); and
"(2) develop recommendations to address the findings in the report and other concerns raised by interested parties, including
representatives of the aviation industry.
"(b) Matters To Be Considered.—The advisory panel shall—
"(1) determine the root causes of inconsistent interpretation of regulations by the Administration's Flight Standards Service and Aircraft
Certification Service;
"(2) develop recommendations to improve the consistency of interpreting regulations by the Administration's Flight Standards Service
and Aircraft Certification Service; and

"(3) develop recommendations to improve communications between the Administration's Flight Standards Service and Aircraft
Certification Service and applicants and certificate and approval holders for the identification and resolution of potentially adverse issues in
an expeditious and fair manner.
"(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall transmit 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 findings of the advisory panel, together with an explanation of how the Administrator will
implement the recommendations of the advisory panel and measure the effectiveness of the recommendations."

Flight Standards Evaluation Program
Pub. L. 112–95, title III, §315, Feb. 14, 2012, 126 Stat. 68, provided that:
"(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 modify the Flight Standards Evaluation Program—
"(1) to include periodic and random reviews as part of the Administration's oversight of air carriers; and
"(2) to prohibit an individual from participating in a review or audit of an office with responsibility for an air carrier under the program if
the individual, at any time in the 5-year period preceding the date of the review or audit, had responsibility for inspecting, or overseeing the
inspection of, the operations of that carrier.
"(b) Annual Report to Congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, 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 on the Flight Standards Evaluation Program, including the Administrator's findings
and recommendations with respect to the program.
"(c) Flight Standards Evaluation Program Defined.—In this section, the term 'Flight Standards Evaluation Program' means the program
established by the Federal Aviation Administration in FS 1100.1B CHG3, including any subsequent revisions thereto."

Review of Air Transportation Oversight System Database
Pub. L. 112–95, title III, §343, Feb. 14, 2012, 126 Stat. 80, provided that:
"(a) Reviews.—The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight

system database of the Administration is reviewed by regional teams of employees of the Administration, including at least one employee on
each team representing aviation safety inspectors, on a monthly basis to ensure that—
"(1) any trends in regulatory compliance are identified; and
"(2) appropriate corrective actions are taken in accordance with Administration regulations, advisory directives, policies, and
procedures.
"(b) Monthly Team Reports.—
"(1) In general.—A regional team of employees conducting a monthly review of the air transportation oversight system database under
subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards Service
a report each month on the results of the review.
"(2) Contents.—A report submitted under paragraph (1) shall identify—
"(A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and
"(B) any corrective actions taken or proposed to be taken in response to the trends.
"(c) Biannual Reports to Congress.—The Administrator, on a biannual basis, 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 on the
results of the reviews of the air transportation oversight system database conducted under this section, including copies of reports received
under subsection (b)."

Duty Periods and Flight Time Limitations Applicable to Flight Crewmembers
Pub. L. 112–95, title III, §345, Feb. 14, 2012, 126 Stat. 81, provided that:

"(a) Rulemaking on Applicability of Part 121 Duty Periods and Flight Time Limitations to Part 91 Operations.—Not later than 180 days after
the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall initiate a rulemaking
proceeding, if such a proceeding has not already been initiated, to require a flight crewmember who is employed by an air carrier conducting
operations under part 121 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such
title from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the
additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under
part 121 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight times under part 121 of such
title.
"(b) Rulemaking on Applicability of Part 135 Duty Periods and Flight Time Limitations to Part 91 Operations.—Not later than 1 year after the
date of enactment of this Act [Feb. 14, 2012], the Administrator shall initiate a rulemaking proceeding to require a flight crewmember who is
employed by an air carrier conducting operations under part 135 of title 14, Code of Federal Regulations, and who accepts an additional
assignment for flying under part 91 of such title from the air carrier or any other air carrier conducting operations under part 121 or 135 of such
title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or
after an assignment to fly under part 135 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight
times under part 135 of such title.
"(c) Separate Rulemaking Proceedings Required.—The rulemaking proceeding required under subsection (b) shall be separate from the
rulemaking proceeding required under subsection (a)."

Safety Critical Staffing
Pub. L. 112–95, title VI, §606, Feb. 14, 2012, 126 Stat. 113, provided that:
"(a) In General.—Not later than October 1, 2012, the Administrator of the Federal Aviation Administration shall implement, in as cost-

effective a manner as possible, the staffing model for aviation safety inspectors developed pursuant to the National Academy of Sciences
study entitled 'Staffing Standards for Aviation Safety Inspectors'. In doing so, the Administrator shall consult with interested persons, including
the exclusive bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.
"(b) Report.—Not later than January 1 of each year beginning after September 30, 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, the staffing model described in subsection (a)."

Air Transportation of Lithium Cells and Batteries
Pub. L. 115–254, div. B, title III, §333, Oct. 5, 2018, 132 Stat. 3274, provided that:
"(a) Harmonization With ICAO Technical Instructions.—
"(1) Adoption of icao instructions.—
"(A) In general.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 44701 note),

not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall conform United States
regulations on the air transport of lithium cells and batteries with the lithium cells and battery requirements in the 2015–2016 edition of the
International Civil Aviation Organization's (referred to in this subsection as 'ICAO') Technical Instructions (to include all addenda),
including the revised standards adopted by ICAO which became effective on April 1, 2016 and any further revisions adopted by ICAO
prior to the effective date of the FAA Reauthorization Act of 2018 [probably means Oct. 5, 2018].
"(B) Further proceedings.—Beginning on the date the revised regulations under subparagraph (A) are published in the Federal
Register, any lithium cell and battery rulemaking action or update commenced on or after that date shall continue to comply with the
requirements under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).
"(2) Review of other regulations.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note),
the Secretary of Transportation may initiate a review of other existing regulations regarding the air transportation, including passengercarrying and cargo aircraft, of lithium batteries and cells.
"(b) Medical Device Batteries.—

"(1) In general.—For United States applicants, the Secretary of Transportation shall consider and either grant or deny, not later than 45
days after receipt of an application, an application submitted in compliance with part 107 of title 49, Code of Federal Regulations, for special
permits or approvals for air transportation of lithium ion cells or batteries specifically used by medical devices. Not later than 30 days after
the date of application, the Pipeline and Hazardous Materials Safety Administration shall provide a draft special permit to the Federal
Aviation Administration based on the application. The Federal Aviation Administration shall conduct an on-site inspection for issuance of the
special permit not later than 20 days after the date of receipt of the draft special permit from the Pipeline and Hazardous Materials Safety
Administration.
"(2) Limited exceptions to restrictions on air transportation of medical device batteries.—The Secretary shall issue limited exceptions
to the restrictions on transportation of lithium ion and lithium metal batteries to allow the shipment on a passenger aircraft of not more than 2
replacement batteries specifically used for a medical device if—
"(A) the intended destination of the batteries is not serviced daily by cargo aircraft if a battery is required for medically necessary
care; and
"(B) with regard to a shipper of lithium ion or lithium metal batteries for medical devices that cannot comply with a charge limitation
in place at the time, each battery is—
"(i) individually packed in an inner packaging that completely encloses the battery;
"(ii) placed in a rigid outer packaging; and
"(iii) protected to prevent a short circuit.
"(3) Medial [sic] device defined.—ln [sic] this subsection, the term 'medical device' means an instrument, apparatus, implement,
machine, contrivance, implant, or in vitro reagent, including any component, part, or accessory thereof, which is intended for use in the
diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, of a person.
"(4) Savings clause.—Nothing in this subsection shall be construed as expanding or constricting any other authority the Secretary of
Transportation has under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).
"(c) Lithium Battery Safety Working Group.—
"(1) In general.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall
establish a lithium battery safety working group (referred to as the 'working group' in this section) to promote and coordinate efforts related
to the promotion of the safe manufacture, use, and transportation of lithium batteries and cells.
"(2) Duties.—The working group shall coordinate and facilitate the transfer of knowledge and expertise among the following Federal
agencies:
"(A) The Department of Transportation.
"(B) The Consumer Product Safety Commission.
"(C) The National Institute on Standards and Technology.
"(D) The Food and Drug Administration.
"(3) Members.—The Secretary shall appoint not more than 8 members to the working group with expertise in the safe manufacture, use,
or transportation of lithium batteries and cells.
"(4) Subcommittees.—The Secretary, or members of the working group, may—
"(A) establish working group subcommittees to focus on specific issues related to the safe manufacture, use, or transportation of
lithium batteries and cells; and
"(B) include in a subcommittee the participation of nonmember stakeholders with expertise in areas that the Secretary or members
consider necessary.
"(5) Report.—Not later than 1 year after the date it is established, the working group shall—
"(A) identify and assess—
"(i) additional ways to decrease the risk of fires and explosions from lithium batteries and cells;
"(ii) additional ways to ensure uniform transportation requirements for both bulk and individual batteries; and
"(iii) new or existing technologies that may reduce the fire and explosion risk of lithium batteries and cells; and
"(B) transmit to the appropriate committees of Congress a report on the assessments conducted under subparagraph (A), including
any legislative recommendations to effectuate the safety improvements described in clauses (i) through (iii) of that subparagraph.

"(6) Termination.—The working group, and any working group subcommittees, shall terminate 90 days after the date the report is
transmitted under paragraph (5).
"(d) Lithium Battery Air Safety Advisory Committee.—
"(1) Establishment.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall establish, in
accordance with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), a lithium ion and lithium metal battery air safety
advisory committee (in this subsection referred to as the 'Committee').
"(2) Duties.—The Committee shall—
"(A) facilitate communication between manufacturers of lithium ion and lithium metal cells and batteries, manufacturers of products
incorporating both large and small lithium ion and lithium metal batteries, air carriers, and the Federal Government regarding the safe air
transportation of lithium ion and lithium metal cells and batteries and the effectiveness and economic and social impacts of the regulation
of such transportation;
"(B) provide the Secretary, the Federal Aviation Administration, and the Pipeline and Hazardous Materials Safety Administration
with timely information about new lithium ion and lithium metal battery technology and transportation safety practices and methodologies;
"(C) provide a forum for the Secretary to provide information on and to discuss the activities of the Department of Transportation
relating to lithium ion and lithium metal battery transportation safety, the policies underlying the activities, and positions to be advocated in
international forums;
"(D) provide a forum for the Secretary to provide information and receive advice on—
"(i) activities carried out throughout the world to communicate and enforce relevant United States regulations and the ICAO
Technical Instructions; and
"(ii) the effectiveness of the activities;
"(E) provide advice and recommendations to the Secretary with respect to lithium ion and lithium metal battery air transportation
safety, including how best to implement activities to increase awareness of relevant requirements and their importance to travelers and
shippers; and
"(F) review methods to decrease the risk posed by air shipment of undeclared hazardous materials and efforts to educate those
who prepare and offer hazardous materials for shipment via air transport.
"(3) Membership.—The Committee shall be composed of the following members:
"(A) Individuals appointed by the Secretary to represent—
"(i) large volume manufacturers of lithium ion and lithium metal cells and batteries;
"(ii) domestic manufacturers of lithium ion and lithium metal batteries or battery packs;
"(iii) manufacturers of consumer products powered by lithium ion and lithium metal batteries;
"(iv) manufacturers of vehicles powered by lithium ion and lithium metal batteries;
"(v) marketers of products powered by lithium ion and lithium metal batteries;
"(vi) cargo air service providers based in the United States;
"(vii) passenger air service providers based in the United States;
"(viii) pilots and employees of air service providers described in clauses (vi) and (vii);
"(ix) shippers of lithium ion and lithium metal batteries for air transportation;
"(x) manufacturers of battery-powered medical devices or batteries used in medical devices; and
"(xi) employees of the Department of Transportation, including employees of the Federal Aviation Administration and the
Pipeline and Hazardous Materials Safety Administration.
"(B) Representatives of such other Government departments and agencies as the Secretary determines appropriate.
"(C) Any other individuals the Secretary determines are appropriate to comply with Federal law.
"(4) Report.—
"(A) In general.—Not later than 180 days after the establishment of the Committee, the Committee shall submit to the Secretary
and the appropriate committees of Congress a report that—
"(i) describes and evaluates the steps being taken in the private sector and by international regulatory authorities to implement
and enforce requirements relating to the safe transportation by air of bulk shipments of lithium ion cells and batteries; and

"(ii) identifies any areas of enforcement or regulatory requirements for which there is consensus that greater attention is
needed.
"(B) Independent statements.—Each member of the Committee shall be provided an opportunity to submit an independent
statement of views with the report submitted pursuant to subparagraph (A).
"(5) Meetings.—
"(A) In general.—The Committee shall meet at the direction of the Secretary and at least twice a year.
"(B) Preparation for icao meetings.—Notwithstanding subparagraph (A), the Secretary shall convene a meeting of the Committee
in connection with and in advance of each meeting of the International Civil Aviation Organization, or any of its panels or working groups,
addressing the safety of air transportation of lithium ion and lithium metal batteries to brief Committee members on positions to be taken
by the United States at such meeting and provide Committee members a meaningful opportunity to comment.
"(6) Termination.—The Committee shall terminate on the date that is 6 years after the date on which the Committee is established.
"(7) Termination of future of aviation advisory committee.—The Future of Aviation Advisory Committee shall terminate on the date on
which the lithium ion battery air safety advisory committee is established.
"(e) Cooperative Efforts to Ensure Compliance With Safety Regulations.—
"(1) In general.—The Secretary of Transportation, in coordination with appropriate Federal agencies, shall carry out cooperative efforts
to ensure that shippers who offer lithium ion and lithium metal batteries for air transport to or from the United States comply with U.S.
Hazardous Materials Regulations and ICAO Technical Instructions.
"(2) Cooperative efforts.—The cooperative efforts the Secretary shall carry out pursuant to paragraph (1) include the following:
"(A) Encouraging training programs at locations outside the United States from which substantial cargo shipments of lithium ion or
lithium metal batteries originate for manufacturers, freight forwarders, and other shippers and potential shippers of lithium ion and lithium
metal batteries.
"(B) Working with Federal, regional, and international transportation agencies to ensure enforcement of U.S. Hazardous Materials
Regulations and ICAO Technical Instructions with respect to shippers who offer noncompliant shipments of lithium ion and lithium metal
batteries.
"(C) Sharing information, as appropriate, with Federal, regional, and international transportation agencies regarding noncompliant
shipments.
"(D) Pursuing a joint effort with the international aviation community to develop a process to obtain assurances that appropriate
enforcement actions are taken to reduce the likelihood of noncompliant shipments, especially with respect to jurisdictions in which
enforcement activities historically have been limited.
"(E) Providing information in brochures and on the internet in appropriate foreign languages and dialects that describes the actions
required to comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.
"(F) Developing joint efforts with the international aviation community to promote a better understanding of the requirements of and
methods of compliance with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.
"(3) Reporting.—Not later than 120 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall
submit to the appropriate committees of Congress a report on compliance with the policy set forth in subsection (e) and the cooperative
efforts carried out, or planned to be carried out, under this subsection.
"(f) Packaging Improvements.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with interested
stakeholders, shall submit to the appropriate committees of Congress an evaluation of current practices for the packaging of lithium ion
batteries and cells for air transportation, including recommendations, if any, to improve the packaging of such batteries and cells for air
transportation in a safe, efficient, and cost-effective manner.
"(g) Department of Transportation Policy on International Representation.—
"(1) In general.—It shall be the policy of the Department of Transportation to support the participation of industry and labor stakeholders
in all panels and working groups of the dangerous goods panel of the ICAO and any other international test or standard setting organization
that considers proposals on the safety or transportation of lithium ion and lithium metal batteries in which the United States participates.
"(2) Participation.—The Secretary of Transportation shall request that as part of the ICAO deliberations in the dangerous goods panel
on these issues, that appropriate experts on issues under consideration be allowed to participate.

"(h) Definitions.—In this section, the following definitions apply:
"(1) ICAO technical instructions.—The term 'ICAO Technical Instructions' has the meaning given that term in section 828(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).
"(2) U.S. hazardous materials regulations.—The term 'U.S. Hazardous Materials Regulations' means the regulations in parts 100
through 177 of title 49, Code of Federal Regulations (including amendments adopted after the date of enactment of this Act [Oct. 5, 2018])."
Pub. L. 112–95, title VIII, §828, Feb. 14, 2012, 126 Stat. 133, provided that:
"(a) In General.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other
requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported
separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical
Instructions.
"(b) Exceptions.—
"(1) Passenger carrying aircraft.—Notwithstanding subsection (a), the Secretary may enforce the prohibition on transporting primary
(non-rechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in special provision A100 under section
172.102(c)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act [Feb. 14, 2012]).
"(2) Credible reports.—Notwithstanding subsection (a), if the Secretary obtains a credible report with respect to a safety incident from
a national or international governmental regulatory or investigating body that demonstrates that the presence of lithium metal cells or
batteries or lithium ion cells or batteries on an aircraft, whether transported separately or packed with or contained in equipment, in
accordance with the requirements of the ICAO Technical Instructions, has substantially contributed to the initiation or propagation of an
onboard fire, the Secretary—
"(A) may issue and enforce an emergency regulation, more stringent than the requirements of the ICAO Technical Instructions, that
governs the transportation by aircraft of such cells or batteries, if that regulation—
"(i) addresses solely deficiencies referenced in the report; and
"(ii) is effective for not more than 1 year; and
"(B) may adopt and enforce a permanent regulation, more stringent than the requirements of the ICAO Technical Instructions, that
governs the transportation by aircraft of such cells or batteries, if—
"(i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such
cells or batteries would substantially contribute to the initiation or propagation of an onboard fire;
"(ii) the regulation addresses solely the deficiencies in existing regulations; and
"(iii) the regulation imposes the least disruptive and least expensive variation from existing requirements while adequately
addressing identified deficiencies.
"(c) ICAO Technical Instructions Defined.—In this section, the term 'ICAO Technical Instructions' means the International Civil Aviation
Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (as amended, including amendments adopted after the
date of enactment of this Act [Feb. 14, 2012])."

Airline Safety and Pilot Training Improvement
Pub. L. 111–216, title II, Aug. 1, 2010, 124 Stat. 2350, as amended by Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628, provided that:

"SEC. 201. DEFINITIONS.
"(a) [sic] Definitions.—In this title, the following definitions apply:
"(1) Advanced qualification program.—The term 'advanced qualification program' means the program established by the Federal
Aviation Administration in Advisory Circular 120–54A, dated June 23, 2006, including any subsequent revisions thereto.
"(2) Air carrier.—The term 'air carrier' has the meaning given that term in section 40102 of title 49, United States Code.
"(3) Aviation safety action program.—The term 'aviation safety action program' means the program established by the Federal Aviation
Administration in Advisory Circular 120–66B, dated November 15, 2002, including any subsequent revisions thereto.
"(4) Flight crewmember.—The term 'flight crewmember' has the meaning given the term 'flightcrew member' in part 1 of title 14, Code of
Federal Regulations.

"(5) Flight operational quality assurance program.—The term 'flight operational quality assurance program' means the program
established by the Federal Aviation Administration in Advisory Circular 120–82, dated April 12, 2004, including any subsequent revisions
thereto.
"(6) Line operations safety audit.—The term 'line operations safety audit' means the procedure referenced by the Federal Aviation
Administration in Advisory Circular 120–90, dated April 27, 2006, including any subsequent revisions thereto.
"(7) Part 121 air carrier.—The term 'part 121 air carrier' means an air carrier that holds a certificate issued under part 121 of title 14,
Code of Federal Regulations.
"(8) Part 135 air carrier.—The term 'part 135 air carrier' means an air carrier that holds a certificate issued under part 135 of title 14,
Code of Federal Regulations.
"SEC. 202. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY RECOMMENDATIONS.
"[Amended section 1135 of this title.]
"SEC. 203. FAA PILOT RECORDS DATABASE.
"[Amended section 44703 of this title.]
"SEC. 204. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT TRAINING.
"(a) Establishment.—The Administrator of the Federal Aviation Administration shall establish a special task force to be known as the FAA
Task Force on Air Carrier Safety and Pilot Training (in this section referred to as the 'Task Force').
"(b) Composition.—The Task Force shall consist of members appointed by the Administrator and shall include air carrier representatives,
labor union representatives, and aviation safety experts with knowledge of foreign and domestic regulatory requirements for flight
crewmember education and training.
"(c) Duties.—The duties of the Task Force shall include, at a minimum, evaluating best practices in the air carrier industry and providing
recommendations in the following areas:
"(1) Air carrier management responsibilities for flight crewmember education and support.
"(2) Flight crewmember professional standards.
"(3) Flight crewmember training standards and performance.
"(4) Mentoring and information sharing between air carriers.
"(d) Report.—Not later than one year after the date of enactment of this Act [Aug. 1, 2010], and before the last day of each one-year period
thereafter until termination of the Task Force, the Task Force 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 detailing—
"(1) the progress of the Task Force in identifying best practices in the air carrier industry;
"(2) the progress of air carriers and labor unions in implementing the best practices identified by the Task Force;
"(3) recommendations of the Task Force, if any, for legislative or regulatory actions;
"(4) the progress of air carriers and labor unions in implementing training-related, nonregulatory actions recommended by the
Administrator; and
"(5) the progress of air carriers in developing specific programs to share safety data and ensure implementation of the most effective
safety practices.
"(e) Termination.—The Task Force shall terminate on September 30, 2012.
"(f) Applicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task
Force.
"SEC. 205. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH ANALYSTS.
"(a) Review by DOT Inspector General.—Not later than 9 months after the date of enactment of this Act [Aug. 1, 2010], the Inspector General
of the Department of Transportation shall conduct a review of the aviation safety inspectors and operational research analysts of the Federal
Aviation Administration assigned to part 121 air carriers and submit to the Administrator of the Federal Aviation Administration a report on the
results of the review.

"(b) Purposes.—The purpose of the review shall be, at a minimum—
"(1) to review the level of the Administration's oversight of each part 121 air carrier;
"(2) to make recommendations to ensure that each part 121 air carrier is receiving an equivalent level of oversight;
"(3) to assess the number and level of experience of aviation safety inspectors assigned to each part 121 air carrier;
"(4) to evaluate how the Administration is making assignments of aviation safety inspectors to each part 121 air carrier;
"(5) to review various safety inspector oversight programs, including the geographic inspector program;
"(6) to evaluate the adequacy of the number of operational research analysts assigned to each part 121 air carrier;
"(7) to evaluate the surveillance responsibilities of aviation safety inspectors, including en route inspections;
"(8) to evaluate whether inspectors are able to effectively use data sources, such as the Safety Performance Analysis System and the
Air Transportation Oversight System, to assist in targeting oversight of each part 121 air carrier;
"(9) to assess the feasibility of establishment by the Administration of a comprehensive repository of information that encompasses
multiple Administration data sources and allows access by aviation safety inspectors and operational research analysts to assist in the
oversight of each part 121 air carrier; and
"(10) to conduct such other analyses as the Inspector General considers relevant to the review.
"SEC. 206. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND LEADERSHIP.
"(a) Aviation Rulemaking Committee.—
"(1) In general.—The Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee to develop
procedures for each part 121 air carrier to take the following actions:
"(A) Establish flight crewmember mentoring programs under which the air carrier will pair highly experienced flight crewmembers
who will serve as mentor pilots and be paired with newly employed flight crewmembers. Mentor pilots should be provided, at a minimum,
specific instruction on techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and
professionalism in newly employed flight crewmembers.
"(B) Establish flight crewmember professional development committees made up of air carrier management and labor union or
professional association representatives to develop, administer, and oversee formal mentoring programs of the carrier to assist flight
crewmembers to reach their maximum potential as safe, seasoned, and proficient flight crewmembers.
"(C) Establish or modify training programs to accommodate substantially different levels and types of flight experience by newly
employed flight crewmembers.
"(D) Establish or modify training programs for second-in-command flight crewmembers attempting to qualify as pilot-in-command
flight crewmembers for the first time in a specific aircraft type and ensure that such programs include leadership and command training.
"(E) Ensure that recurrent training for pilots in command includes leadership and command training.
"(F) Such other actions as the aviation rulemaking committee determines appropriate to enhance flight crewmember professional
development.
"(2) Compliance with sterile cockpit rule.—Leadership and command training described in paragraphs (1)(D) and (1)(E) shall include
instruction on compliance with flight crewmember duties under part 121.542 of title 14, Code of Federal Regulations.
"(3) Streamlined program review.—
"(A) In general.—As part of the rulemaking required by subsection (b), the Administrator shall establish a streamlined review
process for part 121 air carriers that have in effect, as of the date of enactment of this Act [Aug. 1, 2010], the programs described in
paragraph (1).
"(B) Expedited approvals.—Under the streamlined review process, the Administrator shall—
"(i) review the programs of such part 121 air carriers to determine whether the programs meet the requirements set forth in the
final rule referred to in subsection (b)(2); and
"(ii) expedite the approval of the programs that the Administrator determines meet such requirements.
"(b) Rulemaking.—The Administrator shall issue—
"(1) not later than one year after the date of enactment of this Act, a notice of proposed rulemaking based on the recommendations of
the aviation rulemaking committee convened under subsection (a); and

"(2) not later than 36 months after such date of enactment, a final rule based on such recommendations.
"SEC. 207. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE MANAGEMENT TECHNIQUES.
"(a) Study.—The Administrator of the Federal Aviation Administration shall conduct a study on aviation industry best practices with regard to
flight crewmember pairing, crew resource management techniques, and pilot commuting.
"(b) Report.—Not later than one year after the date of enactment of this Act [Aug. 1, 2010], 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 on the results of the study.
"SEC. 208. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING RECOMMENDATIONS.
"(a) Rulemaking Proceedings.—
"(1) Stall and upset recognition and recovery training.—The Administrator of the Federal Aviation Administration shall conduct a
rulemaking proceeding to require part 121 air carriers to provide flight crewmembers with ground training and flight training or flight simulator
training—
"(A) to recognize and avoid a stall of an aircraft or, if not avoided, to recover from the stall; and
"(B) to recognize and avoid an upset of an aircraft or, if not avoided, to execute such techniques as available data indicate are
appropriate to recover from the upset in a given make, model, and series of aircraft.
"(2) Remedial training programs.—The Administrator shall conduct a rulemaking proceeding to require part 121 air carriers to establish
remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training
environment.
"(3) Deadlines.—The Administrator shall—
"(A) not later than one year after the date of enactment of this Act [Aug. 1, 2010], issue a notice of proposed rulemaking under
each of paragraphs (1) and (2); and
"(B) not later than 36 months after the date of enactment of this Act, issue a final rule for the rulemaking under each of paragraphs
(1) and (2).
"(b) Stick Pusher Training and Weather Event Training.—
"(1) Multidisciplinary panel.—Not later than 120 days after the date of enactment of this Act, the Administrator shall convene a
multidisciplinary panel of specialists in aircraft operations, flight crewmember training, human factors, and aviation safety to study and
submit to the Administrator a report on methods to increase the familiarity of flight crewmembers with, and improve the response of flight
crewmembers to, stick pusher systems, icing conditions, and microburst and windshear weather events.
"(2) Report to congress and ntsb.—Not later than one year after the date on which the Administrator convenes the panel, the
Administrator shall—
"(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel; and
"(B) with respect to stick pusher systems, initiate appropriate actions to implement the recommendations of the panel.
"(c) Definitions.—In this section, the following definitions apply:
"(1) Flight training and flight simulator.—The terms 'flight training' and 'flight simulator' have the meanings given those terms in part
61.1 of title 14, Code of Federal Regulations (or any successor regulation).
"(2) Stall.—The term 'stall' means an aerodynamic loss of lift caused by exceeding the critical angle of attack.
"(3) Stick pusher.—The term 'stick pusher' means a device that, at or near a stall, applies a nose down pitch force to an aircraft's
control columns to attempt to decrease the aircraft's angle of attack.
"(4) Upset.—The term 'upset' means an unusual aircraft attitude.
"SEC. 209. FAA RULEMAKING ON TRAINING PROGRAMS.
"(a) Completion of Rulemaking on Training Programs.—Not later than 14 months after the date of enactment of this Act [Aug. 1, 2010], the
Administrator of the Federal Aviation Administration shall issue a final rule with respect to the notice of proposed rulemaking published in the
Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers).

"(b) Expert Panel To Review Part 121 and Part 135 Training Hours.—
"(1) Establishment.—Not later than 60 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary
expert panel comprised of, at a minimum, air carrier representatives, training facility representatives, instructional design experts, aircraft
manufacturers, safety organization representatives, and labor union representatives.
"(2) Assessment and recommendations.—The panel shall assess and make recommendations concerning—
"(A) the best methods and optimal time needed for flight crewmembers of part 121 air carriers and flight crewmembers of part 135
air carriers to master aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;
"(B) initial and recurrent testing requirements for pilots, including the rigor and consistency of testing programs such as check rides;
"(C) the optimal length of time between training events for such flight crewmembers, including recurrent training events;
"(D) the best methods reliably to evaluate mastery by such flight crewmembers of aircraft systems, maneuvers, procedures,
takeoffs and landings, and crew coordination;
"(E) classroom instruction requirements governing curriculum content and hours of instruction;
"(F) the best methods to allow specific academic training courses to be credited toward the total flight hours required to receive an
airline transport pilot certificate; and
"(G) crew leadership training.
"(3) Best practices.—In making recommendations under subsection (b)(2), the panel shall consider, if appropriate, best practices in the
aviation industry with respect to training protocols, methods, and procedures.
"(4) Report.—Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the
Senate, and the National Transportation Safety Board a report based on the findings of the panel.
"SEC. 210. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR TRANSPORTATION.
"[Amended section 41712 of this title.]
"SEC. 211. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
"The Administrator of the Federal Aviation Administration shall perform, not less frequently than once each year, random, onsite inspections
of air carriers that provide air transportation pursuant to a contract with a part 121 air carrier to ensure that such air carriers are complying with
all applicable safety standards of the Administration.
"SEC. 212. PILOT FATIGUE.
"(a) Flight and Duty Time Regulations.—
"(1) In general.—In accordance with paragraph (3), the Administrator of the Federal Aviation Administration shall issue regulations,
based on the best available scientific information, to specify limitations on the hours of flight and duty time allowed for pilots to address
problems relating to pilot fatigue.
"(2) Matters to be addressed.—In conducting the rulemaking proceeding under this subsection, the Administrator shall consider and
review the following:
"(A) Time of day of flights in a duty period.
"(B) Number of takeoff and landings in a duty period.
"(C) Number of time zones crossed in a duty period.
"(D) The impact of functioning in multiple time zones or on different daily schedules.
"(E) Research conducted on fatigue, sleep, and circadian rhythms.
"(F) Sleep and rest requirements recommended by the National Transportation Safety Board and the National Aeronautics and
Space Administration.
"(G) International standards regarding flight schedules and duty periods.
"(H) Alternative procedures to facilitate alertness in the cockpit.
"(I) Scheduling and attendance policies and practices, including sick leave.
"(J) The effects of commuting, the means of commuting, and the length of the commute.

"(K) Medical screening and treatment.
"(L) Rest environments.
"(M) Any other matters the Administrator considers appropriate.
"(3) Rulemaking.—The Administrator shall issue—
"(A) not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under paragraph
(1); and
"(B) not later than one year after the date of enactment of this Act, a final rule under paragraph (1).
"(b) Fatigue Risk Management Plan.—
"(1) Submission of fatigue risk management plan by part 121 air carriers.—Not later than 90 days after the date of enactment of this Act,
each part 121 air carrier shall submit to the Administrator for review and acceptance a fatigue risk management plan for the carrier's pilots.
"(2) Contents of plan.—A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the
following:
"(A) Current flight time and duty period limitations.
"(B) A rest scheme consistent with such limitations that enables the management of pilot fatigue, including annual training to
increase awareness of—
"(i) fatigue;
"(ii) the effects of fatigue on pilots; and
"(iii) fatigue countermeasures.
"(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the
program—
"(i) to improve alertness; and
"(ii) to mitigate performance errors.
"(3) Review.—Not later than 12 months after the date of enactment of this Act, the Administrator shall review and accept or reject the
fatigue risk management plans submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide
suggested modifications for resubmission of the plan.
"(4) Plan updates.—
"(A) In general.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit
the update to the Administrator for review and acceptance.
"(B) Review.—Not later than 12 months after the date of submission of a plan update under subparagraph (A), the Administrator
shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested
modifications for resubmission of the update.
"(5) Compliance.—A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the
Administrator under this subsection.
"(6) Civil penalties.—A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United
States Code, for purposes of the application of civil penalties under chapter 463 of that title.
"(c) Effect of Commuting on Fatigue.—
"(1) In general.—Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate
arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings
to the Administrator.
"(2) Study.—In conducting the study, the National Academy of Sciences shall consider—
"(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who
commute;
"(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;
"(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;
"(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in
requirements and sick leave and fatigue policies;

"(E) postconference materials from the Federal Aviation Administration's June 2008 symposium titled 'Aviation Fatigue
Management Symposium: Partnerships for Solutions';
"(F) Federal Aviation Administration and international policies and guidance regarding commuting; and
"(G) any other matters as the Administrator considers appropriate.
"(3) Preliminary findings.—Not later than 120 days after the date of entering into arrangements under paragraph (1), the National
Academy of Sciences shall submit to the Administrator its preliminary findings under the study.
"(4) Report.—Not later than 9 months after the date of entering into arrangements under paragraph (1), the National Academy of
Sciences shall submit a report to the Administrator containing its findings under the study and any recommendations for regulatory or
administrative actions by the Federal Aviation Administration concerning commuting by pilots.
"(5) Rulemaking.—Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall—
"(A) consider the findings and recommendations in the report; and
"(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.
"SEC. 213. VOLUNTARY SAFETY PROGRAMS.
"(a) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], the Administrator of the Federal Aviation
Administration 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 on the aviation safety action program, the flight operational quality assurance
program, the line operations safety audit, and the advanced qualification program.
"(b) Contents.—The report shall include—
"(1) a list of—
"(A) which air carriers are using one or more of the voluntary safety programs referred to in subsection (a); and
"(B) the voluntary safety programs each air carrier is using;
"(2) if an air carrier is not using one or more of the voluntary safety programs—
"(A) a list of such programs the carrier is not using; and
"(B) the reasons the carrier is not using each such program;
"(3) if an air carrier is using one or more of the voluntary safety programs, an explanation of the benefits and challenges of using each
such program;
"(4) a detailed analysis of how the Administration is using data derived from each of the voluntary safety programs as safety analysis
and accident or incident prevention tools and a detailed plan on how the Administration intends to expand data analysis of such programs;
"(5) an explanation of—
"(A) where the data derived from the voluntary safety programs is stored;
"(B) how the data derived from such programs is protected and secured; and
"(C) what data analysis processes air carriers are implementing to ensure the effective use of the data derived from such
programs;
"(6) a description of the extent to which aviation safety inspectors are able to review data derived from the voluntary safety programs to
enhance their oversight responsibilities;
"(7) a description of how the Administration plans to incorporate operational trends identified under the voluntary safety programs into
the air transport oversight system and other surveillance databases so that such system and databases are more effectively utilized;
"(8) other plans to strengthen the voluntary safety programs, taking into account reviews of such programs by the Inspector General of
the Department of Transportation; and
"(9) such other matters as the Administrator determines are appropriate.
"SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN.
"(a) Development and Implementation Plan.—The Administrator of the Federal Aviation Administration shall develop and implement a plan to
facilitate the establishment of an aviation safety action program and a flight operational quality assurance program by all part 121 air carriers.
"(b) Matters To Be Considered.—In developing the plan under subsection (a), the Administrator shall consider—

"(1) how the Administration can assist part 121 air carriers with smaller fleet sizes to derive a benefit from establishing a flight
operational quality assurance program;
"(2) how part 121 air carriers with established aviation safety action and flight operational quality assurance programs can quickly begin
to report data into the aviation safety information analysis sharing database; and
"(3) how part 121 air carriers and aviation safety inspectors can better utilize data from such database as accident and incident
prevention tools.
"(c) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], 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 copy of the plan developed under subsection (a) and an explanation of how the Administration will implement the plan.
"(d) Deadline for Beginning Implementation of Plan.—Not later than one year after the date of enactment of this Act, the Administrator shall
begin implementation of the plan developed under subsection (a).
"SEC. 215. SAFETY MANAGEMENT SYSTEMS.
"(a) Rulemaking.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require all part 121 air
carriers to implement a safety management system.
"(b) Matters To Consider.—In conducting the rulemaking under subsection (a), the Administrator shall consider, at a minimum, including
each of the following as a part of the safety management system:
"(1) An aviation safety action program.
"(2) A flight operational quality assurance program.
"(3) A line operations safety audit.
"(4) An advanced qualification program.
"(c) Deadlines.—The Administrator shall issue—
"(1) not later than 90 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under subsection (a);
and
"(2) not later than 24 months after the date of enactment of this Act, a final rule under subsection (a).
"(d) Safety Management System Defined.—In this section, the term 'safety management system' means the program established by the
Federal Aviation Administration in Advisory Circular 120–92, dated June 22, 2006, including any subsequent revisions thereto.
"SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.
"(a) Requirements.—
"(1) Rulemaking proceeding.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to
require part 121 air carriers to develop and implement means and methods for ensuring that flight crewmembers have proper qualifications
and experience.
"(2) Minimum requirements.—
"(A) Prospective flight crewmembers.—Rules issued under paragraph (1) shall ensure that prospective flight crewmembers
undergo comprehensive preemployment screening, including an assessment of the skills, aptitudes, airmanship, and suitability of each
applicant for a position as a flight crewmember in terms of functioning effectively in the air carrier's operational environment.
"(B) All flight crewmembers.—Rules issued under paragraph (1) shall ensure that, after the date that is 3 years after the date of
enactment of this Act [Aug. 1, 2010], all flight crewmembers—
"(i) have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations; and
"(ii) have appropriate multi-engine aircraft flight experience, as determined by the Administrator.
"(b) Deadlines.—The Administrator shall issue—
"(1) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and
"(2) not later than 24 months after such date of enactment, a final rule under subsection (a).
"(c) Default.—The requirement that each flight crewmember for a part 121 air carrier hold an airline transport pilot certificate under part 61
of title 14, Code of Federal Regulations, shall begin to apply on the date that is 3 years after the date of enactment of this Act even if the
Administrator fails to meet a deadline established under this section.

"SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION.
"(a) Rulemaking Proceeding.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to amend
part 61 of title 14, Code of Federal Regulations, to modify requirements for the issuance of an airline transport pilot certificate.
"(b) Minimum Requirements.—To be qualified to receive an airline transport pilot certificate pursuant to subsection (a), an individual shall—
"(1) have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational
environment; and
"(2) have received flight training, academic training, or operational experience that will prepare a pilot, at a minimum, to—
"(A) function effectively in a multipilot environment;
"(B) function effectively in adverse weather conditions, including icing conditions;
"(C) function effectively during high altitude operations;
"(D) adhere to the highest professional standards; and
"(E) function effectively in an air carrier operational environment.
"(c) Flight Hours.—
"(1) Numbers of flight hours.—The total flight hours required by the Administrator under subsection (b)(1) shall be at least 1,500 flight
hours.
"(2) Flight hours in difficult operational conditions.—The total flight hours required by the Administrator under subsection (b)(1) shall
include sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may be encountered by an air carrier
to enable a pilot to operate safely in such conditions.
"(d) Credit Toward Flight Hours.—The Administrator may allow specific academic training courses, beyond those required under
subsection (b)(2), to be credited toward the total flight hours required under subsection (c). The Administrator may allow such credit based on
a determination by the Administrator that allowing a pilot to take specific academic training courses will enhance safety more than requiring the
pilot to fully comply with the flight hours requirement.
"(e) Recommendations of Expert Panel.—In conducting the rulemaking proceeding under this section, the Administrator shall review and
consider the assessment and recommendations of the expert panel to review part 121 and part 135 training hours established by section
209(b) of this Act.
"(f) Deadline.—Not later than 36 months after the date of enactment of this Act [Aug. 1, 2010], the Administrator shall issue a final rule under
subsection (a)."

FAA Inspector Training
Pub. L. 108–176, title V, §506, Dec. 12, 2003, 117 Stat. 2560, provided that:
"(a) Study.—
"(1) In general.—The Comptroller General shall conduct a study of the training of the aviation safety inspectors of the Federal Aviation

Administration (in this section referred to as 'FAA inspectors').
"(2) Contents.—The study shall include—
"(A) an analysis of the type of training provided to FAA inspectors;
"(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on
the latest technologies;
"(C) the extent of FAA inspector training provided by the aviation industry and whether such training is provided without charge or
on a quid pro quo basis; and
"(D) the amount of travel that is required of FAA inspectors in receiving training.
"(3) Report.—Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall transmit 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 study.
"(b) Sense of the House.—It is the sense of the House of Representatives that—
"(1) FAA inspectors should be encouraged to take the most up-to-date initial and recurrent training on the latest aviation technologies;

"(2) FAA inspector training should have a direct relation to an individual's job requirements; and
"(3) if possible, a FAA inspector should be allowed to take training at the location most convenient for the inspector.

"(c) Workload of Inspectors.—
"(1) Study by national academy of sciences.—Not later than 90 days after the date of enactment of this Act [Dec. 12, 2003], the
Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct
a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing standards for FAA inspectors to
ensure proper oversight over the aviation industry, including the designee program.
"(2) Contents.—The study shall include the following:
"(A) A suggested method of modifying FAA inspectors staffing models for application to current local conditions or applying some
other approach to developing an objective staffing standard.
"(B) The approximate cost and length of time for developing such models.
"(3) Report.—Not later than 12 months after the initiation of the arrangements under subsection (a), the National Academy of Sciences
shall transmit to Congress a report on the results of the study."

Air Transportation Oversight System
Pub. L. 106–181, title V, §513, Apr. 5, 2000, 114 Stat. 144, provided that:
"(a) Report.—Not later than August 1, 2000, the Administrator [of the Federal Aviation Administration] shall transmit 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 progress of the Federal Aviation Administration in implementing the air transportation oversight system, including in
detail the training of inspectors under the system, the number of inspectors using the system, air carriers subject to the system, and the
budget for the system.
"(b) Required Contents.—At a minimum, the report shall indicate—
"(1) any funding or staffing constraints that would adversely impact the Administration's ability to continue to develop and implement the
air transportation oversight system;
"(2) progress in integrating the aviation safety data derived from such system's inspections with existing aviation data of the
Administration in the safety performance analysis system of the Administration; and
"(3) the Administration's efforts in collaboration with the aviation industry to develop and validate safety performance measures and
appropriate risk weightings for such system.
"(c) Update.—Not later than August 1, 2002, the Administrator shall update the report submitted under this section and transmit the updated
report to the committees referred to in subsection (a)."

Regulation of Alaska Guide Pilots
Pub. L. 106–181, title VII, §732, Apr. 5, 2000, 114 Stat. 168, provided that:
"(a) In General.—Beginning on the date of the enactment of this Act [Apr. 5, 2000], flight operations conducted by Alaska guide pilots shall

be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations.
"(b) Rulemaking Proceeding.—
"(1) In general.—The Administrator [of the Federal Aviation Administration] shall conduct a rulemaking proceeding and issue a final rule
to modify the general operating and flight rules referred to in subsection (a) by establishing special rules applicable to the flight operations
conducted by Alaska guide pilots.
"(2) Contents of rules.—A final rule issued by the Administrator under paragraph (1) shall require Alaska guide pilots—
"(A) to operate aircraft inspected no less often than after 125 hours of flight time;
"(B) to participate in an annual flight review, as described in section 61.56 of title 14, Code of Federal Regulations;
"(C) to have at least 500 hours of flight time as a pilot;
"(D) to have a commercial rating, as described in subpart F of part 61 of such title;
"(E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such title;
"(F) to hold a current letter of authorization issued by the Administrator; and

"(G) to take such other actions as the Administrator determines necessary for safety.
"(3) Consideration.—In making a determination to impose a requirement under paragraph (2)(G), the Administrator shall take into
account the unique conditions associated with air travel in the State of Alaska to ensure that such requirements are not unduly burdensome.
"(c) Definitions.—In this section, the following definitions apply:
"(1) Letter of authorization.—The term 'letter of authorization' means a letter issued by the Administrator once every 5 years to an
Alaska guide pilot certifying that the pilot is in compliance with general operating and flight rules applicable to the pilot. In the case of a multipilot operation, at the election of the operating entity, a letter of authorization may be issued by the Administrator to the entity or to each
Alaska guide pilot employed by the entity.
"(2) Alaska guide pilot.—The term 'Alaska guide pilot' means a pilot who—
"(A) conducts aircraft operations over or within the State of Alaska;
"(B) operates single engine, fixed-wing aircraft on floats, wheels, or skis, providing commercial hunting, fishing, or other guide
services and related accommodations in the form of camps or lodges; and
"(C) transports clients by such aircraft incidental to hunting, fishing, or other guide services."

Aviation Medical Assistance
Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Aviation Medical Assistance Act of 1998'.
"SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
"Not later than 1 year after the date of the enactment of this Act [Apr. 24, 1998], the Administrator of the Federal Aviation Administration
shall reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the
training required of flight attendants in the use of such equipment, and, if the Administrator determines that such regulations should be
modified as a result of such reevaluation, shall issue a notice of proposed rulemaking to modify such regulations.
"SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
"(a) In General.—During the 1-year period beginning on the 90th day following the date of the enactment of this Act [Apr. 24, 1998], a major
air carrier shall make a good faith effort to obtain, and shall submit quarterly reports to the Administrator of the Federal Aviation Administration
on, the following:
"(1) The number of persons who died on aircraft of the air carrier, including any person who was declared dead after being removed
from such an aircraft as a result of a medical incident that occurred on such aircraft.
"(2) The age of each such person.
"(3) Any information concerning cause of death that is available at the time such person died on the aircraft or is removed from the
aircraft or that subsequently becomes known to the air carrier.
"(4) Whether or not the aircraft was diverted as a result of the death or incident.
"(5) Such other information as the Administrator may request as necessary to aid in a decision as to whether or not to require automatic
external defibrillators in airports or on aircraft operated by air carriers, or both.
"(b) Format.—The Administrator may specify a format for reports to be submitted under this section.
"SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
"(a) In General.—Not later than 120 days after the last day of the 1-year period described in section 3, the Administrator of the Federal
Aviation Administration shall make a decision on whether or not to require automatic external defibrillators on passenger aircraft operated by
air carriers and whether or not to require automatic external defibrillators at airports.
"(b) Form of Decision.—A decision under this section shall be in the form of a notice of proposed rulemaking requiring automatic external
defibrillators in airports or on passenger aircraft operated by air carriers, or both, or a recommendation to Congress for legislation requiring
such defibrillators or a notice in the Federal Register that such defibrillators should not be required in airports or on such aircraft. If a decision

under this section is in the form of a notice of proposed rulemaking, the Administrator shall make a final decision not later than the 120th day
following the date on which comments are due on the notice of proposed rulemaking.
"(c) Contents.—If the Administrator decides that automatic external defibrillators should be required—
"(1) on passenger aircraft operated by air carriers, the proposed rulemaking or recommendation shall include—
"(A) the size of the aircraft on which such defibrillators should be required;
"(B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such
defibrillators should be required;
"(C) the training that should be required for air carrier personnel in the use of such defibrillators; and
"(D) the associated equipment and medication that should be required to be carried in the aircraft medical kit; and
"(2) at airports, the proposed rulemaking or recommendation shall include—
"(A) the size of the airport at which such defibrillators should be required;
"(B) the training that should be required for airport personnel in the use of such defibrillators; and
"(C) the associated equipment and medication that should be required at the airport.
"(d) Limitation.—The Administrator may not require automatic external defibrillators on helicopters and on aircraft with a maximum payload
capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less.
"(e) Special Rule.—If the Administrator decides that automatic external defibrillators should be required at airports, the proposed rulemaking
or recommendation shall provide that the airports are responsible for providing the defibrillators.
"SEC. 5. LIMITATIONS ON LIABILITY.
"(a) Liability of Air Carriers.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of
the performance of the air carrier in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of
the acts or omissions of the passenger rendering the assistance, if the passenger is not an employee or agent of the carrier and the carrier in
good faith believes that the passenger is a medically qualified individual.
"(b) Liability of Individuals.—An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the
acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the
individual, while rendering such assistance, is guilty of gross negligence or willful misconduct.
"SEC. 6. DEFINITIONS.
"In this Act—
"(1) the terms 'air carrier', 'aircraft', 'airport', 'interstate air transportation', 'overseas air transportation', and 'foreign air transportation'
have the meanings such terms have under section 40102 of title 49, United States Code;
"(2) the term 'major air carrier' means an air carrier certificated under section 41102 of title 49, United States Code, that accounted for at
least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of the most recent year preceding the date of
the enactment of this Act [Apr. 24, 1998], as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of
Federal Regulations; and
"(3) the term 'medically qualified individual' includes any person who is licensed, certified, or otherwise qualified to provide medical care
in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician."

Definitions
Pub. L. 115–254, div. B, title III, §301, Oct. 5, 2018, 132 Stat. 3260, provided that: "In this title [see Tables for classification], 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."

§44702. Issuance of certificates

(a) General Authority and Applications.—The Administrator of the Federal Aviation Administration may issue airman certificates, design organization
certificates, type certificates, production certificates, airworthiness certificates, air carrier operating certificates, airport operating certificates, air agency
certificates, and air navigation facility certificates under this chapter. An application for a certificate must—
(1) be under oath when the Administrator requires; and
(2) be in the form, contain information, and be filed and served in the way the Administrator prescribes.
(b) Considerations.—When issuing a certificate under this chapter, the Administrator shall—
(1) consider—
(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air commerce; and
(2) classify a certificate according to the differences between air transportation and other air commerce.
(c) Prior Certification.—The Administrator may authorize an aircraft, aircraft engine, propeller, or appliance for which a certificate has been issued
authorizing the use of the aircraft, aircraft engine, propeller, or appliance in air transportation to be used in air commerce without another certificate being issued.
(d) Delegation.—(1) Subject to regulations, supervision, and review the Administrator may prescribe, the Administrator may delegate to a qualified private
person, or to an employee under the supervision of that person, a matter related to—
(A) the examination, testing, and inspection necessary to issue a certificate under this chapter; and
(B) issuing the certificate.
(2) The Administrator may rescind a delegation under this subsection at any time for any reason the Administrator considers appropriate.
(3) A person affected by an action of a private person under this subsection may apply for reconsideration of the action by the Administrator. On the
Administrator's own initiative, the Administrator may reconsider the action of a private person at any time. If the Administrator decides on reconsideration that the
action is unreasonable or unwarranted, the Administrator shall change, modify, or reverse the action. If the Administrator decides the action is warranted, the
Administrator shall affirm the action.
(4)(A) With respect to a critical system design feature of a transport category airplane, the Administrator may not delegate any finding of compliance with
applicable airworthiness standards or review of any system safety assessment required for the issuance of a certificate, including a type certificate, or amended
or supplemental type certificate, under section 44704, until the Administrator has reviewed and validated any underlying assumptions related to human factors.
(B) The requirement under subparagraph (A) shall not apply if the Administrator determines the matter involved is a routine task.
(C) For purposes of subparagraph (A), the term critical system design feature includes any feature (including a novel or unusual design feature) for which the
failure of such feature, either independently or in combination with other failures, could result in catastrophic or hazardous failure conditions, as those terms are
defined by the Administrator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531; Pub. L. 116–260, div. V, title I, §106, Dec.
27, 2020, 134 Stat. 2320.)
Historical and Revision Notes
Revised
Section
44702(a)

Source (U.S. Code)
49 App.:1422(a) (1st–10th words).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§314 (less
(a) (last sentence related to fees)), 601(b)
(1st sentence related to issuing certificates,
2d sentence), 602(a) (1st–8th words),
603(a)(1), (b), (c) (as §603(a)(1), (b), (c)
relate to issuing certificates), 604(a)
(related to issuing certificates), 606 (last
sentence), 607 (last sentence), 608, 72
Stat. 754, 775, 776, 777, 778, 779.

49 App.:1423(a)(1), (b), (c) (as 49
App.:1423(a)(1), (b), (c) relate to
issuing certificates).
49 App.:1424(a) (related to issuing
certificates).
49 App.:1426 (last sentence).
49 App.:1427 (last sentence).
49 App.:1428.
49 App.:1432(a) (related to issuing
certificates).

49 App.:1655(c)(1).

44702(b)

49 App.:1421(b) (1st sentence
related to issuing certificates).
49 App.:1655(c)(1).
49 App.:1421(b) (2d sentence).
49 App.:1655(c)(1).
49 App.:1355 (less (a) (last sentence
related to fees)).
49 App.:1655(c)(1).

44702(c)

44702(d)

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§612(a) (related to issuing certificates);
added May 21, 1970, Pub. L. 91–258,
§51(b)(1), 84 Stat. 234; restated Sept. 3,
1982, Pub. L. 97–248, §525(a), 96 Stat.
697.
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.

In this section, the word "Administrator" in sections 601(b), 602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last sentence), and 608 of
the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 776, 778, 779) is retained on authority of 49:106(g).
In subsection (a), the reference to a type certificate and production certificate is added for clarity.
In subsection (b)(1), before subclause (A), the word "full" is omitted as surplus. In clause (1)(A), the word "provide" is substituted for
"perform" for consistency in the revised title.
In subsection (d)(1), before clause (A), the words "In exercising the powers and duties vested in him by this chapter" and "properly" are
omitted as surplus. The words "or employees" are omitted because of 1:1. The word "matter" is substituted for "work, business, or function" to
eliminate unnecessary words. In clause (B), the words "in accordance with standards established by him" are omitted as surplus.
In subsection (d)(2), the words "made by him" are omitted as surplus.
In subsection (d)(3), the words "exercising delegated authority" and "with respect to the authority granted under subsection (a) of this
section" are omitted as surplus. The words "at any time" are substituted for "either before or after it has become effective", and the words "If
the Administrator decides on reconsideration that the action is unreasonable or unwarranted" are substituted for "If, upon reconsideration by
the Secretary of Transportation, it shall appear that the action in question is in any respect unjust or unwarranted", to eliminate unnecessary
words. The words "the action" are substituted for "the same accordingly", and the words "If the Administrator decides the action is warranted,
the Administrator shall affirm the action" are substituted for "otherwise, such action shall be affirmed", for clarity. The text of 49 App.:1355(b)
(proviso) is omitted as unnecessary because of 5:559 (last sentence).
Editorial Notes

Amendments

2020—Subsec. (d)(4). Pub. L. 116–260 added par. (4).
2003—Subsec. (a). Pub. L. 108–176 inserted "design organization certificates," after "airman certificates," in introductory provisions.
Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment
Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531, provided that the amendment made by section 227(a) is effective on the last
day of the 7-year period beginning on Dec. 12, 2003.

Development of Analytical Tools and Certification Methods
Pub. L. 108–176, title VII, §706, Dec. 12, 2003, 117 Stat. 2582, provided that: "The Federal Aviation Administration shall conduct research to
promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new
products."

§44703. Airman certificates
(a) General.—The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual when the Administrator finds, after
investigation, that the individual is qualified for, and physically able to perform the duties related to, the position to be authorized by the certificate.
(b) Contents.—(1) An airman certificate shall—
(A) be numbered and recorded by the Administrator of the Federal Aviation Administration;
(B) contain the name, address, and description of the individual to whom the certificate is issued;
(C) contain terms the Administrator decides are necessary to ensure safety in air commerce, including terms on the duration of the certificate, periodic or
special examinations, and tests of physical fitness;
(D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation "airline transport pilot" of the appropriate class.
(c) Public Information.—
(1) In general.—Subject to paragraph (2) and notwithstanding any other provision of law, the information contained in the records of contents of any
airman certificate issued under this section that is limited to an airman's name, address, and ratings held shall be made available to the public after the 120th
day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
(2) Opportunity to withhold information.—Before making any information concerning an airman available to the public under paragraph (1), the airman
shall be given an opportunity to elect that the information not be made available to the public.
(3) Development and implementation of program.—Not later than 60 days after the date of the enactment of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century, the Administrator shall develop and implement, in cooperation with representatives of the aviation industry, a one-time
written notification to airmen to set forth the implications of making information concerning an airman available to the public under paragraph (1) and to carry
out paragraph (2). The Administrator shall also provide such written notification to each individual who becomes an airman after such date of enactment.
(d) Appeals.—(1) An individual whose application for the issuance or renewal of an airman certificate has been denied may appeal the denial to the National
Transportation Safety Board, except if the individual holds a certificate that—
(A) is suspended at the time of denial; or
(B) was revoked within one year from the date of the denial.
(2) The Board shall conduct a hearing on the appeal at a place convenient to the place of residence or employment of the applicant. The Board is not bound
by findings of fact of the Administrator of the Federal Aviation Administration. At the end of the hearing, the Board shall decide whether the individual meets the

applicable regulations and standards. The Administrator is bound by that decision.
(3) A person who is substantially affected by an order of the Board under this subsection, or the Administrator if the Administrator decides that an order of the
Board will have a significant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 46110. The Administrator shall be
made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.
(e) Restrictions and Prohibitions.—The Administrator of the Federal Aviation Administration may—
(1) restrict or prohibit issuing an airman certificate to an alien; or
(2) make issuing the certificate to an alien dependent on a reciprocal agreement with the government of a foreign country.
(f) Controlled Substance Violations.—The Administrator of the Federal Aviation Administration may not issue an airman certificate to an individual whose
certificate is revoked under section 44710 of this title except—
(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this title.
(g) Modifications in System.—(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for issuing airman
certificates necessary to make the system more effective in serving the needs of airmen and officials responsible for enforcing laws related to the regulation of
controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) and related to
combating acts of terrorism. The modifications shall ensure positive and verifiable identification of each individual applying for or holding a certificate and shall
address at least each of the following deficiencies in, and abuses of, the existing system:
(A) the use of fictitious names and addresses by applicants for those certificates.
(B) the use of stolen or fraudulent identification in applying for those certificates.
(C) the use by an applicant of a post office box or "mail drop" as a return address to evade identification of the applicant's address.
(D) the use of counterfeit and stolen airman certificates by pilots.
(E) the absence of information about physical characteristics of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written
explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). In prescribing the regulations, the Administrator of
the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of U.S. Customs and Border Protection, other
law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the general aviation
aircraft industry, representatives of users of general aviation aircraft, and other interested persons.
(3) For purposes of this section, the term "acts of terrorism" means an activity that involves a violent act or an act dangerous to human life that is a violation of
the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State,
and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct
of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with State and local authorities, and other Federal agencies, to assist in the identification of individuals
applying for or holding airmen certificates.
(h) Records of Employment of Pilot Applicants.—
(1) In general.—Subject to paragraph (14), before allowing an individual to begin service as a pilot, an air carrier shall request and receive the following
information:
(A) FAA records.—From the Administrator of the Federal Aviation Administration, records pertaining to the individual that are maintained by the
Administrator concerning—
(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations to those certificates and
ratings; and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued
under this title that was not subsequently overturned.
(B) Air carrier and other records.—From any air carrier or other person (except a branch of the United States Armed Forces, the National Guard, or
a reserve component of the United States Armed Forces) that has employed the individual as a pilot of a civil or public aircraft at any time during the 5-year
period preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such air carrier or person—

(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under
regulations set forth in—
(I) section 121.683 of title 14, Code of Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title; and
(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person concerning—
(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman
designated in accordance with section 121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and
(III) any release from employment or resignation, termination, or disqualification with respect to employment.
(C) National driver register records.—In accordance with section 30305(b)(8) of this title, from the chief driver licensing official of a State,
information concerning the motor vehicle driving record of the individual.
(2) Written consent; release from liability.—An air carrier making a request for records under paragraph (1)—
(A) shall be required to obtain written consent to the release of those records from the individual that is the subject of the records requested; and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the records to request to
execute a release from liability for any claim arising from the furnishing of such records to or the use of such records by such air carrier (other than a claim
arising from furnishing information known to be false and maintained in violation of a criminal statute).
(3) 5-year reporting period.—A person shall not furnish a record in response to a request made under paragraph (1) if the record was entered more than
5 years before the date of the request, unless the information concerns a revocation or suspension of an airman certificate or motor vehicle license that is in
effect on the date of the request.
(4) Requirement to maintain records.—The Administrator and air carriers shall maintain pilot records described in paragraphs (1)(A) and (1)(B) for a
period of at least 5 years.
(5) Receipt of consent; provision of information.—A person shall not furnish a record in response to a request made under paragraph (1) without first
obtaining a copy of the written consent of the individual who is the subject of the records requested; except that, for purposes of paragraph (15), the
Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records
requested under paragraph (1)(A). A person who receives a request for records under this subsection shall furnish a copy of all of such requested records
maintained by the person not later than 30 days after receiving the request.
(6) Right to receive notice and copy of any record furnished.—A person who receives a request for records under paragraph (1) shall provide to the
individual who is the subject of the records—
(A) on or before the 20th day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such
records; and
(B) in accordance with paragraph (10), a copy of such records, if requested by the individual.
(7) Reasonable charges for processing requests and furnishing copies.—A person who receives a request under paragraph (1) or (6) may
establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records.
(8) Standard forms.—The Administrator shall promulgate—
(A) standard forms that may be used by an air carrier to request records under paragraph (1); and
(B) standard forms that may be used by an air carrier to—
(i) obtain the written consent of the individual who is the subject of a request under paragraph (1); and
(ii) inform the individual of—
(I) the request; and
(II) the individual right of that individual to receive a copy of any records furnished in response to the request.

(9) Right to correct inaccuracies.—An air carrier that maintains or requests and receives the records of an individual under paragraph (1) shall provide
the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records before making a final hiring
decision with respect to the individual.
(10) Right of pilot to review certain records.—Notwithstanding any other provision of law or agreement, an air carrier shall, upon written request from
a pilot who is or has been employed by such carrier, make available, within a reasonable time, but not later than 30 days after the date of the request, to the
pilot for review, any and all employment records referred to in paragraph (1)(B)(i) or (ii) pertaining to the employment of the pilot.
(11) Privacy protections.—An air carrier that receives the records of an individual under paragraph (1) may use such records only to assess the
qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect
the privacy of the pilot and the confidentiality of the records, including ensuring that information contained in the records is not divulged to any individual that is
not directly involved in the hiring decision.
(12) Periodic review.—Not later than 18 months after the date of the enactment of the Pilot Records Improvement Act of 1996, and at least once every 3
years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records
required to be furnished under subparagraphs (A) and (B) of paragraph (1); or
(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).
(13) Regulations.—The Administrator shall prescribe such regulations as may be necessary—
(A) to protect—
(i) the personal privacy of any individual whose records are requested under paragraph (1) and disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination of records received under paragraph (1) by the person who requested those records; and
(C) to ensure prompt compliance with any request made under paragraph (1).
(14) Special rules with respect to certain pilots.—
(A) Pilots of certain small aircraft.—Notwithstanding paragraph (1), an air carrier, before receiving information requested about an individual under
paragraph (1), may allow the individual to begin service for a period not to exceed 90 days as a pilot of an aircraft with a maximum payload capacity (as
defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less, or a helicopter, on a flight that is not a scheduled operation (as
defined in such section). Before the end of the 90-day period, the air carrier shall obtain and evaluate such information. The contract between the carrier
and the individual shall contain a term that provides that the continuation of the individual's employment, after the last day of the 90-day period, depends on
a satisfactory evaluation.
(B) Good faith exception.—Notwithstanding paragraph (1), an air carrier, without obtaining information about an individual under paragraph (1)(B) from
an air carrier or other person that no longer exists or from a foreign government or entity that employed the individual, may allow the individual to begin
service as a pilot if the air carrier required to request the information has made a documented good faith attempt to obtain such information.
(15) Electronic access to faa records.—For the purpose of increasing timely and efficient access to Federal Aviation Administration records described
in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic
access to a specified database containing information about such records. The terms shall limit such access to instances in which information in the database
is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide
assurances satisfactory to the Administrator that information obtained using such access will not be used for any purpose other than making the hiring
decision.
(16) Applicability.—This subsection shall cease to be effective on the date specified in regulations issued under subsection (i).
(i) FAA Pilot Records Database.—
(1) In general.—Before allowing an individual to begin service as a pilot, an air carrier shall access and evaluate, in accordance with the requirements of
this subsection, information pertaining to the individual from the pilot records database established under paragraph (2).

(2) Pilot records database.—Not later than April 30, 2017, the Administrator shall establish and make available for use an electronic database (in this
subsection referred to as the "database") containing the following records:
(A) FAA records.—From the Administrator—
(i) records that are maintained by the Administrator concerning current airman certificates, including airman medical certificates and associated type
ratings and information on any limitations to those certificates and ratings;
(ii) records that are maintained by the Administrator concerning any failed attempt of an individual to pass a practical test required to obtain a certificate
or type rating under part 61 of title 14, Code of Federal Regulations; and
(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued
under this title that was not subsequently overturned.
(B) Air carrier and other records.—From any air carrier or other person (except a branch of the Armed Forces, the National Guard, or a reserve
component of the Armed Forces) that has employed an individual as a pilot of a civil or public aircraft, or from the trustee in bankruptcy for the air carrier or
person—
(i) records pertaining to the individual that are maintained by the air carrier (other than records relating to flight time, duty time, or rest time) or person,
including records under regulations set forth in—
(I) section 121.683 of title 14, Code of Federal Regulations;
(II) section 121.111(a) of such title;
(III) section 121.219(a) of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title; and
(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person concerning—
(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman
designated in accordance with section 121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and
(III) any release from employment or resignation, termination, or disqualification with respect to employment.
(C) National driver register records.—In accordance with section 30305(b)(8) of this title, from the chief driver licensing official of a State,
information concerning the motor vehicle driving record of the individual.
(3) Written consent; release from liability.—An air carrier—
(A) shall obtain the written consent of an individual before accessing records pertaining to the individual under paragraph (1); and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require an individual with respect to whom the carrier is accessing
records under paragraph (1) to execute a release from liability for any claim arising from accessing the records or the use of such records by the air carrier
in accordance with this section (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).
(4) Reporting.—
(A) Reporting by administrator.—The Administrator shall enter data described in paragraph (2)(A) into the database promptly to ensure that an
individual's records are current.
(B) Reporting by air carriers and other persons.—
(i) In general.—Air carriers and other persons shall report data described in paragraphs (2)(B) and (2)(C) to the Administrator promptly for entry into
the database.
(ii) Data to be reported.—Air carriers and other persons shall report, at a minimum, under clause (i) the following data described in paragraph (2)(B):
(I) Records that are generated by the air carrier or other person after the date of enactment of this paragraph.
(II) Records that the air carrier or other person is maintaining, on such date of enactment, pursuant to subsection (h)(4).
(5) Requirement to maintain records.—The Administrator—

(A) shall maintain all records entered into the database under paragraph (2) pertaining to an individual until the date of receipt of notification that the
individual is deceased; and
(B) may remove the individual's records from the database after that date.
(6) Receipt of consent.—The Administrator shall not permit an air carrier to access records pertaining to an individual from the database under paragraph
(1) without the air carrier first demonstrating to the satisfaction of the Administrator that the air carrier has obtained the written consent of the individual.
(7) Right of pilot to review certain records and correct inaccuracies.—Notwithstanding any other provision of law or agreement, the
Administrator, upon receipt of written request from an individual—
(A) shall make available, not later than 30 days after the date of the request, to the individual for review all records referred to in paragraph (2) pertaining
to the individual; and
(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records.
(8) Reasonable charges for processing requests and furnishing copies.—
(A) In general.—The Administrator may establish a reasonable charge for the cost of processing a request under paragraph (1) or (7) and for the cost of
furnishing copies of requested records under paragraph (7).
(B) Crediting appropriations.—Funds received by the Administrator pursuant to this paragraph shall—
(i) be credited to the appropriation current when the amount is received;
(ii) be merged with and available for the purposes of such appropriation; and
(iii) remain available until expended.
(9) Privacy protections.—
(A) Use of records.—An air carrier that accesses records pertaining to an individual under paragraph (1) may use the records only to assess the
qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to
protect the privacy of the individual and the confidentiality of the records accessed, including ensuring that information contained in the records is not
divulged to any individual that is not directly involved in the hiring decision.
(B) Disclosure of information.—
(i) In general.—Except as provided by clause (ii), information collected by the Administrator under paragraph (2) shall be exempt from the disclosure
requirements of section 552(b)(3)(B) of title 5.
(ii) Exceptions.—Clause (i) shall not apply to—
(I) deidentified, summarized information to explain the need for changes in policies and regulations;
(II) information to correct a condition that compromises safety;
(III) information to carry out a criminal investigation or prosecution;
(IV) information to comply with section 44905, regarding information about threats to civil aviation; and
(V) such information as the Administrator determines necessary, if withholding the information would not be consistent with the safety responsibilities
of the Federal Aviation Administration.
(10) Periodic review.—Not later than 18 months after the date of enactment of this paragraph, and at least once every 3 years thereafter, the
Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records
required to be included in the database under paragraph (2); or
(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).
(11) Regulations for protection and security of records.—The Administrator shall prescribe such regulations as may be necessary—
(A) to protect and secure—
(i) the personal privacy of any individual whose records are accessed under paragraph (1); and
(ii) the confidentiality of those records; and
(B) to preclude the further dissemination of records received under paragraph (1) by the person who accessed the records.

(12) Good faith exception.—Notwithstanding paragraph (1), an air carrier may allow an individual to begin service as a pilot, without first obtaining
information described in paragraph (2)(B) from the database pertaining to the individual, if—
(A) the air carrier has made a documented good faith attempt to access the information from the database; and
(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was
employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not provided the information to the
database.
(13) Limitations on electronic access to records.—
(A) Access by individuals designated by air carriers.—For the purpose of increasing timely and efficient access to records described in paragraph
(2), the Administrator may allow, under terms established by the Administrator, an individual designated by an air carrier to have electronic access to the
database.
(B) Terms.—The terms established by the Administrator under subparagraph (A) for allowing a designated individual to have electronic access to the
database shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision
concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that—
(i) the designated individual has received the written consent of the pilot applicant to access the information; and
(ii) information obtained using such access will not be used for any purpose other than making the hiring decision.
(14) Authorized expenditures.—Of amounts appropriated under section 106(k)(1), a total of $6,000,000 for fiscal years 2010 through 2013 may be used
to carry out this subsection.
(15) Regulations.—
(A) In general.—The Administrator shall issue regulations to carry out this subsection.
(B) Effective date.—The regulations shall specify the date on which the requirements of this subsection take effect and the date on which the
requirements of subsection (h) cease to be effective.
(C) Exceptions.—Notwithstanding subparagraph (B)—
(i) the Administrator shall begin to establish the database under paragraph (2) not later than 90 days after the date of enactment of this paragraph;
(ii) the Administrator shall maintain records in accordance with paragraph (5) beginning on the date of enactment of this paragraph; and
(iii) air carriers and other persons shall maintain records to be reported to the database under paragraph (4)(B) in the period beginning on such date of
enactment and ending on the date that is 5 years after the requirements of subsection (h) cease to be effective pursuant to subparagraph (B).
(16) Special rule.—During the one-year period beginning on the date on which the requirements of this section become effective pursuant to paragraph
(15)(B), paragraph (7)(A) shall be applied by substituting "45 days" for "30 days".
(j) Limitations on Liability; Preemption of State Law.—
(1) Limitation on liability.—No action or proceeding may be brought by or on behalf of an individual who has applied for or is seeking a position with an air
carrier as a pilot and who has signed a release from liability, as provided for under subsection (h)(2) or (i)(3), against—
(A) the air carrier requesting the records of that individual under subsection (h)(1) or accessing the records of that individual under subsection (i)(1);
(B) a person who has complied with such request;
(C) a person who has entered information contained in the individual's records; or
(D) an agent or employee of a person described in subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal or State law with
respect to the furnishing or use of such records in accordance with subsection (h) or (i).
(2) Preemption.—No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation,
standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using records in accordance with
subsection (h) or (i).
(3) Provision of knowingly false information.—Paragraphs (1) and (2) shall not apply with respect to a person who furnishes information in response
to a request made under subsection (h)(1) or who furnished information to the database established under subsection (i)(2), that—

(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(4) Prohibition on actions and proceedings against air carriers.—
(A) Hiring decisions.—An air carrier may refuse to hire an individual as a pilot if the individual did not provide written consent for the air carrier to receive
records under subsection (h)(2)(A) or (i)(3)(A) or did not execute the release from liability requested under subsection (h)(2)(B) or (i)(3)(B).
(B) Actions and proceedings.—No action or proceeding may be brought against an air carrier by or on behalf of an individual who has applied for or is
seeking a position as a pilot with the air carrier if the air carrier refused to hire the individual after the individual did not provide written consent for the air
carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested under subsection (h)(2)(B) or (i)(3)(B).
(k) Limitation on Statutory Construction.—Nothing in subsection (h) or (i) shall be construed as precluding the availability of the records of a pilot in an
investigation or other proceeding concerning an accident or incident conducted by the Administrator, the National Transportation Safety Board, or a court.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 106–181, title VII, §715, Apr. 5, 2000, 114 Stat. 162; Pub. L. 107–71, title I, §§129, 138(b), 140(a),
Nov. 19, 2001, 115 Stat. 633, 640, 641; Pub. L. 111–216, title II, §203, Aug. 1, 2010, 124 Stat. 2352; Pub. L. 111–249, §6(3), (4), Sept. 30, 2010, 124 Stat. 2629;
Pub. L. 112–95, title III, §§301(a), 310(c), Feb. 14, 2012, 126 Stat. 56, 65; Pub. L. 112–153, §2(c)(1), Aug. 3, 2012, 126 Stat. 1160; Pub. L. 114–125, title VIII,
§802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L. 114–190, title II, §2101, July 15, 2016, 130 Stat. 619.)
Historical and Revision Notes
Revised
Section
44703(a)

Source (U.S. Code)
49 App.:1422(b)(1) (1st sentence, 2d
sentence words before 6th
comma).

49 App.:1655(c)(1).

44703(b)

49 App.:1422(a) (11th–last words).

44703(e)

49 App.:1422(b)(1) (2d sentence
words after 6th comma), (c).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (3d sentence).
49 App.:1422(b)(1) (4th, 5th
sentences, last sentence words
before proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (last sentence
proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(2)(A), (B).

44703(f)(1)

49 App.:1422(d).

44703(c)(1)
44703(c)(2)

44703(d)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §602(b)(1),
72 Stat. 776; Oct. 19, 1984, Pub. L. 98–
499, §3, 98 Stat. 2313; Aug. 26, 1992,
Pub. L. 102–345, §4, 106 Stat. 926.
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.
Aug. 23, 1958, Pub. L. 85–726, §602(a) (9th–
last words), (c), 72 Stat. 776.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§602(b)(2)(A), (B); added Oct. 19, 1984,
Pub. L. 98–499, §3, 98 Stat. 2313; restated
Nov. 18, 1988, Pub. L. 100–690, §7204(a),
102 Stat. 4425.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

44703(f)(2)

49 App.:1401 (note).

§602(d); added Nov. 18, 1988, Pub. L.
100–690, §7205(a), 102 Stat. 4426.
Nov. 18, 1988, Pub. L. 100–690, §7207(a)
(1st sentence), (b), 102 Stat. 4427.

In subsections (a)–(d), the word "Administrator" in section 602(a), (b)(1), and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72

Stat. 776) is retained on authority of 49:106(g).

In subsection (a), the text of 49 App.:1422(b) (1st sentence) is omitted as surplus. The words "is qualified" are substituted for "possesses
proper qualifications" to eliminate unnecessary words. The words "to be authorized by the certificate" are substituted for "for which the airman
certificate is sought" for clarity.
In subsection (b)(1)(C), the words "conditions, and limitations" are omitted as being included in "terms".
In subsection (b)(1)(E), the word "designate" is substituted for "be entitled with the designation of" to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words "may appeal . . . to" are substituted for "may file with . . . a petition for review of the
Secretary of Transportation's action" for consistency with section 1109 of the revised title. The words "the individual holds a certificate that" are
substituted for "persons whose certificates" for clarity.
In subsection (c)(2), the words "conduct a hearing on the appeal" are substituted for "thereupon assign such petition for hearing" for
consistency. The words "In the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or
standards" are omitted as surplus. The word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).
The words "meets the applicable regulations" are substituted for "meets the pertinent rules, regulations" because "rules" and "regulations" are
synonymous and for consistency in the revised title.
In subsection (d), before clause (1), the words "in his discretion" are omitted as surplus. In clause (2), the words "the terms of" and "entered
into" are omitted as surplus. The words "government of a foreign country" are substituted for "foreign governments" for consistency in the
revised title and with other titles of the United States Code.
In subsection (f)(1), before clause (A), the words "established under this chapter" and "to pilots" are omitted as surplus.
In subsection (f)(2), the words "Not later than September 18, 1989" and "final" are omitted as obsolete. The words "Administrator of Drug
Enforcement" are substituted for "Drug Enforcement Administration of the Department of Justice" because of section 5(a) of Reorganization
Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs" are substituted for "United States Customs
Service" because of 19:2071.
Editorial Notes

References in Text
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (c)(1), (3),
is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of the Pilot Records Improvement Act of 1996, referred to in subsec. (h)(12), is the date of enactment of Pub. L.
104–264, which was approved Oct. 9, 1996.
The date of enactment of this paragraph, referred to in subsec. (i)(4)(B)(ii), (10), (15)(C), is the date of enactment of Pub. L. 111–216, which
was approved Aug. 1, 2010.

Codification
The text of section 44936(f) to (h) of this title, which was transferred to the end of this section, redesignated as subsecs. (h) to (j),
respectively, and amended by Pub. L. 107–71, §§138(b), 140(a), was based on Pub. L. 104–264, title V, §502(a), Oct. 9, 1996, 110 Stat. 3259;
amended Pub. L. 105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508(b),
Apr. 5, 2000, 114 Stat. 140.

Amendments
2016—Subsec. (i)(2). Pub. L. 114–190 substituted "Not later than April 30, 2017, the Administrator shall establish and make available for use"
for "The Administrator shall establish".
2012—Subsec. (d)(2). Pub. L. 112–153 struck out "but is bound by all validly adopted interpretations of laws and regulations the Administrator
carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law" after "Federal Aviation
Administration".
Subsec. (d)(3). Pub. L. 112–95, §301(a), added par. (3).
Subsec. (i)(9)(B)(i). Pub. L. 112–95, §310(c), substituted "section 552(b)(3)(B) of title 5" for "section 552 of title 5".
2010—Subsec. (h)(16). Pub. L. 111–216, §203(a), added par. (16).
Subsec. (i). Pub. L. 111–216, §203(b)(2), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 111–216, §203(c)(1)(A), as amended by Pub. L. 111–249, §6(3), substituted "Limitations" for "Limitation" in heading.
Pub. L. 111–216, §203(b)(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(1). Pub. L. 111–216, §203(c)(1)(B)(i), (iii), as amended by Pub. L. 111–249, §6(3), substituted "subsection (h)(2) or (i)(3)" for
"paragraph (2)" in introductory provisions and "subsection (h) or (i)" for "subsection (h)" in concluding provisions.
Subsec. (j)(1)(A). Pub. L. 111–216, §203(c)(1)(B)(ii), as amended by Pub. L. 111–249, §6(3), inserted "or accessing the records of that individual
under subsection (i)(1)" before semicolon.
Subsec. (j)(2). Pub. L. 111–216, §203(c)(1)(C), as amended by Pub. L. 111–249, §6(3), substituted "subsection (h) or (i)" for "subsection (h)".
Subsec. (j)(3). Pub. L. 111–216, §203(c)(1)(D), as amended by Pub. L. 111–249, §6(3), inserted "or who furnished information to the database
established under subsection (i)(2)" after "subsection (h)(1)" in introductory provisions.
Subsec. (j)(4). Pub. L. 111–216, §203(c)(1)(E), as amended by Pub. L. 111–249, §6(3), added par. (4).
Subsec. (k). Pub. L. 111–216, §203(c)(2), as amended by Pub. L. 111–249, §6(4), substituted "subsection (h) or (i)" for "subsection (h)".
Pub. L. 111–216, §203(b)(1), redesignated subsec. (j) as (k).
2001—Subsec. (g)(1). Pub. L. 107–71, §129(1), in first sentence, substituted "needs of airmen" for "needs of pilots" and inserted "and related
to combating acts of terrorism" before period at end.
Subsec. (g)(3), (4). Pub. L. 107–71, §129(2), added pars. (3) and (4).
Subsecs. (h) to (j). Pub. L. 107–71, §§138(b), 140(a), amended section identically, redesignating subsecs. (f) to (h) of section 44936 of this title
as subsecs. (h) to (j), respectively, of this section, and substituting "subsection (h)" for "subsection (f)" wherever appearing in subsecs. (i) and
(j). See Codification note above.
2000—Subsecs. (c) to (g). Pub. L. 106–181 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Statutory Notes and Related Subsidiaries

Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (g)(2) on authority of section
802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 2010 Amendment
Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Pub. L. 111–249 are effective as of
Aug. 1, 2010, and as if included in Pub. L. 111–216 as enacted.

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Termination Date
Subsec. (h) of this section ceases to be effective beginning on Sept. 9, 2024, see 14 C.F.R. §111.5(b).

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including
functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the
Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally
by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Deemed References to Chapters 509 and 511 of Title 51
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see
section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Applicability of Medical Certification Standards to Operators of Air Balloons
Pub. L. 115–254, div. B, title III, §318, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a) Short Title.—This section may be cited as the 'Commercial Balloon Pilot Safety Act of 2018'.
"(b) 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 revise section 61.3(c) of title 14, Code of Federal Regulations (relating to second-class medical certificates), to apply to
an operator of an air balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.
"(c) Air Balloon Defined.—In this section, the term 'air balloon' has the meaning given the term 'balloon' in section 1.1 of title 14, Code of
Federal Regulations (or any corresponding similar regulation or ruling)."

Designated Pilot Examiner Reforms
Pub. L. 115–254, div. B, title III, §319, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a) In General.—The Administrator [of the Federal Aviation Administration] shall assign to the Aviation Rulemaking Advisory Committee (in

this section referred to as the 'Committee') the task of reviewing all regulations and policies related to designated pilot examiners appointed
under section 183.23 of title 14, Code of Federal Regulations. The Committee shall focus on the processes and requirements by which the
FAA [Federal Aviation Administration] selects, trains, and deploys individuals as designated pilot examiners, and provide recommendations
with respect to the regulatory and policy changes necessary to ensure an adequate number of designated pilot examiners are deployed and
available to perform their duties. The Committee also shall make recommendations with respect to the regulatory and policy changes if
necessary to allow a designated pilot examiner perform a daily limit of 3 new check rides with no limit for partial check rides and to serve as a
designed pilot examiner without regard to any individual managing office.
"(b) Action Based on Recommendations.—Not later than 1 year after receiving recommendations under subsection (a), the Administrator shall
take such action as the Administrator considers appropriate with respect to those recommendations."

Public Aircraft Eligible for Logging Flight Times
Pub. L. 115–254, div. B, title V, §517, Oct. 5, 2018, 132 Stat. 3359, provided that: "The Administrator [of the Federal Aviation Administration]
shall issue regulations modifying section 61.51(j)(4) of title 14, Code of Federal Regulations, so as to include aircraft under the direct
operational control of forestry and fire protection agencies as public aircraft eligible for logging flight times."

Portability of Repairman Certificates
Pub. L. 115–254, div. B, title V, §582, Oct. 5, 2018, 132 Stat. 3399, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall assign to the Aviation Rulemaking Advisory Committee the
task of making recommendations with respect to the regulatory and policy changes, as appropriate, to allow a repairman certificate issued
under section 65.101 of title 14, Code of Federal Regulations, to be portable from one employing certificate holder to another.
"(b) Action Based on Recommendations.—Not later than 1 year after receiving recommendations under subsection (a), the Administrator may
take such action as the Administrator considers appropriate with respect to those recommendations."

Medical Certification of Certain Small Aircraft Pilots
Pub. L. 114–190, title II, §2307, July 15, 2016, 130 Stat. 641, provided that:
"(a) In General.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation

Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if—
"(1) the individual possesses a valid driver's license issued by a State, territory, or possession of the United States and complies with all
medical requirements or restrictions associated with that license;
"(2) the individual holds a medical certificate issued by the Federal Aviation Administration on the date of enactment of this Act, held
such a certificate at any point during the 10-year period preceding such date of enactment, or obtains such a certificate after such date of
enactment;
"(3) the most recent medical certificate issued by the Federal Aviation Administration to the individual—
"(A) indicates whether the certificate is first, second, or third class;
"(B) may include authorization for special issuance;
"(C) may be expired;
"(D) cannot have been revoked or suspended; and
"(E) cannot have been withdrawn;
"(4) the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot
have been completed and denied;
"(5) the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting
as pilot in command of a covered aircraft and demonstrates proof of completion of the course;
"(6) the individual, when serving as a pilot in command, is under the care and treatment of a physician if the individual has been
diagnosed with any medical condition that may impact the ability of the individual to fly;
"(7) the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 months
and—
"(A) prior to the examination, the individual—
"(i) completed the individual's section of the checklist described in subsection (b); and
"(ii) provided the completed checklist to the physician performing the examination; and
"(B) the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection (b),
checking each item specified during the examination and addressing, as medically appropriate, every medical condition listed, and any
medications the individual is taking; and
"(8) the individual is operating in accordance with the following conditions:
"(A) The covered aircraft is carrying not more than 5 passengers.
"(B) The individual is operating the covered aircraft under visual flight rules or instrument flight rules.
"(C) The flight, including each portion of that flight, is not carried out—
"(i) for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;
"(ii) at an altitude that is more than 18,000 feet above mean sea level;
"(iii) outside the United States, unless authorized by the country in which the flight is conducted; or
"(iv) at an indicated air speed exceeding 250 knots.
"(b) Comprehensive Medical Examination.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall develop a
checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in

subsection (a)(7).
"(2) Requirements.—The checklist shall contain—
"(A) a section, for the individual to complete that contains—
"(i) boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation Administration Form 8500–8 (3–99); and
"(ii) a signature line for the individual to affirm that—
     "(I) the answers provided by the individual on that checklist, including the individual's answers regarding medical history, are true and
complete;
     "(II) the individual understands that he or she is prohibited under Federal Aviation Administration regulations from acting as pilot in
command, or any other capacity as a required flight crew member, if he or she knows or has reason to know of any medical
deficiency or medically disqualifying condition that would make the individual unable to operate the aircraft in a safe manner; and
     "(III) the individual is aware of the regulations pertaining to the prohibition on operations during medical deficiency and has no medically
disqualifying conditions in accordance with applicable law;
"(B) a section with instructions for the individual to provide the completed checklist to the physician performing the comprehensive
medical examination required in subsection (a)(7); and
"(C) a section, for the physician to complete, that instructs the physician—
"(i) to perform a clinical examination of—
     "(I) head, face, neck, and scalp;
     "(II) nose, sinuses, mouth, and throat;
     "(III) ears, general (internal and external canals), and eardrums (perforation);
     "(IV) eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility (associated parallel movement, nystagmus);
     "(V) lungs and chest (not including breast examination);
     "(VI) heart (precordial activity, rhythm, sounds, and murmurs);
     "(VII) vascular system (pulse, amplitude, and character, and arms, legs, and others);
     "(VIII) abdomen and viscera (including hernia);
     "(IX) anus (not including digital examination);
     "(X) skin;
     "(XI) G–U system (not including pelvic examination);
     "(XII) upper and lower extremities (strength and range of motion);
     "(XIII) spine and other musculoskeletal;
     "(XIV) identifying body marks, scars, and tattoos (size and location);
     "(XV) lymphatics;
     "(XVI) neurologic (tendon reflexes, equilibrium, senses, cranial nerves, and coordination, etc.);
     "(XVII) psychiatric (appearance, behavior, mood, communication, and memory);
     "(XVIII) general systemic;
     "(XIX) hearing;
     "(XX) vision (distant, near, and intermediate vision, field of vision, color vision, and ocular alignment);
     "(XXI) blood pressure and pulse; and
     "(XXII) anything else the physician, in his or her medical judgment, considers necessary;
"(ii) to exercise medical discretion to address, as medically appropriate, any medical conditions identified, and to exercise
medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical examination;
"(iii) to discuss all drugs the individual reports taking (prescription and nonprescription) and their potential to interfere with the
safe operation of an aircraft or motor vehicle;
"(iv) to sign the checklist, stating: 'I certify that I discussed all items on this checklist with the individual during my examination,
discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft or motor vehicle, and
performed an examination that included all of the items on this checklist. I certify that I am not aware of any medical condition that, as
presently treated, could interfere with the individual's ability to safely operate an aircraft.'; and

"(v) to provide the date the comprehensive medical examination was completed, and the physician's full name, address,
telephone number, and State medical license number.
"(3) Logbook.—The completed checklist shall be retained in the individual's logbook and made available on request.
"(c) Medical Education Course Requirements.—The medical education course described in this subsection shall—
"(1) be available on the Internet free of charge;
"(2) be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation
stakeholder groups;
"(3) educate pilots on conducting medical self-assessments;
"(4) advise pilots on identifying warning signs of potential serious medical conditions;
"(5) identify risk mitigation strategies for medical conditions;
"(6) increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications;
"(7) encourage regular medical examinations and consultations with primary care physicians;
"(8) inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying
conditions;
"(9) provide the checklist developed by the Federal Aviation Administration in accordance with subsection (b); and
"(10) upon successful completion of the course, electronically provide to the individual and transmit to the Federal Aviation
Administration—
"(A) a certification of completion of the medical education course, which shall be printed and retained in the individual's logbook
and made available upon request, and shall contain the individual's name, address, and airman certificate number;
"(B) subject to subsection (d), a release authorizing the National Driver Register through a designated State Department of Motor
Vehicles to furnish to the Federal Aviation Administration information pertaining to the individual's driving record;
"(C) a certification by the individual that the individual is under the care and treatment of a physician if the individual has been
diagnosed with any medical condition that may impact the ability of the individual to fly, as required under subsection (a)(6);
"(D) a form that includes—
"(i) the name, address, telephone number, and airman certificate number of the individual;
"(ii) the name, address, telephone number, and State medical license number of the physician performing the comprehensive
medical examination required in subsection (a)(7);
"(iii) the date of the comprehensive medical examination required in subsection (a)(7); and
"(iv) a certification by the individual that the checklist described in subsection (b) was followed and signed by the physician in
the comprehensive medical examination required in subsection (a)(7); and
"(E) a statement, which shall be printed, and signed by the individual certifying that the individual understands the existing
prohibition on operations during medical deficiency by stating: 'I understand that I cannot act as pilot in command, or any other capacity
as a required flight crew member, if I know or have reason to know of any medical condition that would make me unable to operate the
aircraft in a safe manner.'.
"(d) National Driver Register.—The authorization under subsection (c)(10)(B) shall be an authorization for a single access to the
information contained in the National Driver Register.
"(e) Special Issuance Process.—
"(1) In general.—An individual who has qualified for the third-class medical certificate exemption under subsection (a) and is seeking to
serve as a pilot in command of a covered aircraft shall be required to have completed the process for obtaining an Authorization for Special
Issuance of a Medical Certificate for each of the following:
"(A) A mental health disorder, limited to an established medical history or clinical diagnosis of—
"(i) personality disorder that is severe enough to have repeatedly manifested itself by overt acts;
"(ii) psychosis, defined as a case in which an individual—
     "(I) has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of
psychosis; or

     "(II) may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly
accepted symptoms of psychosis;
"(iii) bipolar disorder; or
"(iv) substance dependence within the previous 2 years, as defined in section 67.307(a)(4) of title 14, Code of Federal
Regulations.
"(B) A neurological disorder, limited to an established medical history or clinical diagnosis of any of the following:
"(i) Epilepsy.
"(ii) Disturbance of consciousness without satisfactory medical explanation of the cause.
"(iii) A transient loss of control of nervous system functions without satisfactory medical explanation of the cause.
"(C) A cardiovascular condition, limited to a one-time special issuance for each diagnosis of the following:
"(i) Myocardial infraction [sic].
"(ii) Coronary heart disease that has required treatment.
"(iii) Cardiac valve replacement.
"(iv) Heart replacement.
"(2) Special rule for cardiovascular conditions.—In the case of an individual with a cardiovascular condition, the process for obtaining
an Authorization for Special Issuance of a Medical Certificate shall be satisfied with the successful completion of an appropriate clinical
evaluation without a mandatory wait period.
"(3) Special rule for mental health conditions.—
"(A) In general.—In the case of an individual with a clinically diagnosed mental health condition, the third-class medical certificate
exemption under subsection (a) shall not apply if—
"(i) in the judgment of the individual's State-licensed medical specialist, the condition—
     "(I) renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or
     "(II) may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)
(8); or
"(ii) the individual's driver's license is revoked by the issuing agency as a result of a clinically diagnosed mental health
condition.
"(B) Certification.—Subject to subparagraph (A), an individual clinically diagnosed with a mental health condition shall certify every
2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical
specialist for that mental health condition.
"(4) Special rule for neurological conditions.—
"(A) In general.—In the case of an individual with a clinically diagnosed neurological condition, the third-class medical certificate
exemption under subsection (a) shall not apply if—
"(i) in the judgment of the individual's State-licensed medical specialist, the condition—
     "(I) renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or
     "(II) may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)
(8); or
"(ii) the individual's driver's license is revoked by the issuing agency as a result of a clinically diagnosed neurological condition.
"(B) Certification.—Subject to subparagraph (A), an individual clinically diagnosed with a neurological condition shall certify every
2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical
specialist for that neurological condition.
"(f) Identification of Additional Medical Conditions for CACI Program.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall review and
identify additional medical conditions that could be added to the program known as the Conditions AMEs Can Issue (CACI) program.
"(2) Consultations.—In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.
"(3) Report required.—Not later than 180 days 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 listing the medical conditions that have been added to the CACI program under
paragraph (1).
"(g) Expedited Authorization for Special Issuance of a Medical Certificate.—
"(1) In general.—The Administrator shall implement procedures to expedite the process for obtaining an Authorization for Special
Issuance of a Medical Certificate under section 67.401 of title 14, Code of Federal Regulations.
"(2) Consultations.—In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.
"(3) Report required.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report describing how the procedures implemented under paragraph (1) will streamline the process for obtaining
an Authorization for Special Issuance of a Medical Certificate and reduce the amount of time needed to review and decide special issuance
cases.
"(h) Report Required.—Not later than 5 years after the date of enactment of this Act, the Administrator, in coordination with the National
Transportation Safety Board, shall submit to the appropriate committees of Congress a report that describes the effect of the regulations
issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.
"(i) Prohibition on Enforcement Actions.—Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may
not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot
and the flight meet, through a good faith effort, the applicable requirements under subsection (a), except paragraph (5) of that subsection,
unless the Administrator has published final regulations in the Federal Register under that subsection.
"(j) Covered Aircraft Defined.—In this section, the term 'covered aircraft' means an aircraft that—
"(1) is authorized under Federal law to carry not more than 6 occupants; and
"(2) has a maximum certificated takeoff weight of not more than 6,000 pounds.
"(k) Operations Covered.—The provisions and requirements covered in this section do not apply to pilots who elect to operate under the
medical requirements under subsection (b) or subsection (c) of section 61.23 of title 14, Code of Federal Regulations.
"(l) Authority To Require Additional Information.—
"(1) In general.—If the Administrator receives credible or urgent information, including from the National Driver Register or the
Administrator's Safety Hotline, that reflects on an individual's ability to safely operate a covered aircraft under the third-class medical
certificate exemption in subsection (a), the Administrator may require the individual to provide additional information or history so that the
Administrator may determine whether the individual is safe to continue operating a covered aircraft.
"(2) Use of information.—The Administrator may use credible or urgent information received under paragraph (1) to request an
individual to provide additional information or to take actions under section 44709(b) of title 49, United States Code."

Federal Aviation Administration Enforcement Proceedings and Elimination of Deference
Pub. L. 112–153, §2, Aug. 3, 2012, 126 Stat. 1159, as amended by Pub. L. 115–254, div. B, title III, §392, Oct. 5, 2018, 132 Stat. 3323, provided
that:
"(a) In General.—Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial,
amendment, modification, suspension, or revocation of an airman certificate, shall be conducted, to the extent practicable, in accordance with
the Federal Rules of Civil Procedure [28 U.S.C. App.] and the Federal Rules of Evidence [28 U.S.C. App.].
"(b) Access to Information.—
"(1) In general.—Except as provided under paragraph (3), the Administrator of the Federal Aviation Administration (referred to in this
section as the 'Administrator') shall provide timely, written notification to an individual who is the subject of an investigation relating to the
approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code.
"(2) Information required.—The notification required under paragraph (1) shall inform the individual—
"(A) of the nature of the investigation and the specific activity on which the investigation is based;
"(B) that an oral or written response to a Letter of Investigation from the Administrator is not required;
"(C) that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from
the Administrator;

"(D) that any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the
Administrator by the individual may be used as evidence against the individual;
"(E) that the releasable portions of the Administrator's investigative report will be available to the individual; and
"(F) that the individual is entitled to access or otherwise obtain air traffic data described in paragraph (4).
"(3) Exception.—The Administrator may delay notification under paragraph (1) if the Administrator determines that such notification may
threaten the integrity of the investigation.
"(4) Access to air traffic data.—
"(A) FAA air traffic data.—The Administrator shall provide an individual described in paragraph (1) with timely access to any air
traffic data in the possession of the Federal Aviation Administration that would facilitate the individual's ability to productively participate in
a proceeding relating to an investigation described in such paragraph.
"(B) Air traffic data defined.—As used in subparagraph (A), the term 'air traffic data' includes—
"(i) relevant air traffic communication tapes;
"(ii) radar information;
"(iii) air traffic controller statements;
"(iv) flight data;
"(v) investigative reports; and
"(vi) any other air traffic or flight data in the Federal Aviation Administration's possession that would facilitate the individual's
ability to productively participate in the proceeding.
"(C) Government contractor air traffic data.—
"(i) In general.—Any individual described in paragraph (1) is entitled to obtain any air traffic data that would facilitate the
individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph from a government
contractor that provides operational services to the Federal Aviation Administration, including control towers and flight service stations.
"(ii) Required information from individual.—The individual may obtain the information described in clause (i) by submitting a
request to the Administrator that—
     "(I) describes the facility at which such information is located; and
     "(II) identifies the date on which such information was generated.
"(iii) Provision of information to individual.—If the Administrator receives a request under this subparagraph, the Administrator
shall—
     "(I) request the contractor to provide the requested information; and
     "(II) upon receiving such information, transmitting the information to the requesting individual in a timely manner.
"(5) Timing.—Except when the Administrator determines that an emergency exists under section 44709(e)(2) or 46105(c) [of title 49,
United States Code], the Administrator may not proceed against an individual that is the subject of an investigation described in paragraph (1)
during the 30-day period beginning on the date on which the air traffic data required under paragraph (4) is made available to the individual.
"(c) Amendments to Title 49.—
"(1) Airman certificates.—[Amended this section.]
"(2) Amendments, modifications, suspensions, and revocations of certificates.—[Amended section 44709 of this title.]
"(3) Revocation of airman certificates for controlled substance violations.—[Amended section 44710 of this title.]
"(d) Appeal From Certificate Actions.—
"(1) In general.—Upon a decision by the National Transportation Safety Board upholding an order or a final decision by the
Administrator denying an airman certificate under section 44703(d) of title 49, United States Code, or imposing a punitive civil action or an
emergency order of revocation under subsections (d) and (e) of section 44709 of such title, an individual substantially affected by an order of
the Board may, at the individual's election, file an appeal in the United States district court in which the individual resides or in which the
action in question occurred, or in the United States District Court for the District of Columbia. If the individual substantially affected by an
order of the Board elects not to file an appeal in a United States district court, the individual may file an appeal in an appropriate United
States court of appeals.

"(2) Emergency order pending judicial review.—Subsequent to a decision by the Board to uphold an Administrator's emergency order
under section 44709(e)(2) of title 49, United States Code, and absent a stay of the enforcement of that order by the Board, the emergency order
of amendment, modification, suspension, or revocation of a certificate shall remain in effect, pending the exhaustion of an appeal to a
Federal district court as provided in this Act [amending this section and sections 44709 and 44710 of this title and enacting provisions set out as
notes under this section and sections 40101 and 44701 of this title].
"(e) Standard of Review.—
"(1) In general.—In an appeal filed under subsection (d) in a United States district court, the district court shall give full independent
review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent and expedited review of any
decision by the Administrator to make such order effective immediately.
"(2) Evidence.—A United States district court's review under paragraph (1) shall include in evidence any record of the proceeding before
the Administrator and any record of the proceeding before the National Transportation Safety Board, including hearing testimony,
transcripts, exhibits, decisions, and briefs submitted by the parties.
"(f) Release of Investigative Reports.—
"(1) In general.—
"(A) Emergency orders.—In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the
amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator issues an emergency order under
subsections (d) and (e) of section 44709, section 44710, or section 46105(c) of title 49, United States Code, or another order that takes effect
immediately, the Administrator shall provide, upon request, to the individual holding the airman certificate the releasable portion of the
investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time of the
request, the Administrator shall issue all portions of the report that are available at the time and shall provide the full report not later than 5
days after its completion.
"(B) Other orders.—In any nonemergency proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating
to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator notifies the certificate
holder of a proposed certificate action under subsections (b) and (c) of section 44709 or section 44710 of title 49, United States Code, the
Administrator shall, upon the written request of the covered certificate holder and at any time after that notification, provide to the covered
certificate holder the releasable portion of the investigative report.
"(2) Motion for dismissal.—If the Administrator does not provide the releasable portions of the investigative report to the individual
holding the airman certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the individual
may move to dismiss the complaint of the Administrator or for other relief and, unless the Administrator establishes good cause for the
failure to provide the investigative report or for a lack of timeliness, the administrative law judge shall order such relief as the judge
considers appropriate.
"(3) Releasable portion of investigative report.—For purposes of paragraph (1), the releasable portion of an investigative report is all
information in the report, except for the following:
"(A) Information that is privileged.
"(B) Information that constitutes work product or reflects internal deliberative process.
"(C) Information that would disclose the identity of a confidential source.
"(D) Information the disclosure of which is prohibited by any other provision of law.
"(E) Information that is not relevant to the subject matter of the proceeding.
"(F) Information the Administrator can demonstrate is withheld for good cause.
"(G) Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar
ruling or regulation).
"(4) Rule of construction.—Nothing in this subsection shall be construed to prevent the Administrator from releasing to an individual
subject to an investigation described in subsection (b)(1)—
"(A) information in addition to the information included in the releasable portion of the investigative report; or
"(B) a copy of the investigative report before the Administrator issues a complaint."

Medical Certification
Pub. L. 112–153, §4, Aug. 3, 2012, 126 Stat. 1162, provided that:
"(a) Assessment.—
"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Aug. 3, 2012], the Comptroller General of the

United States shall initiate an assessment of the Federal Aviation Administration's medical certification process and the associated medical
standards and forms.
"(2) Report.—The Comptroller General shall submit a report to Congress based on the assessment required under paragraph (1) that
examines—
"(A) revisions to the medical application form that would provide greater clarity and guidance to applicants;
"(B) the alignment of medical qualification policies with present-day qualified medical judgment and practices, as applied to an
individual's medically relevant circumstances; and
"(C) steps that could be taken to promote the public's understanding of the medical requirements that determine an airman's
medical certificate eligibility.
"(b) Goals of the Federal Aviation Administration's Medical Certification Process.—The goals of the Federal Aviation Administration's
medical certification process are—
"(1) to provide questions in the medical application form that—
"(A) are appropriate without being overly broad;
"(B) are subject to a minimum amount of misinterpretation and mistaken responses;
"(C) allow for consistent treatment and responses during the medical application process; and
"(D) avoid unnecessary allegations that an individual has intentionally falsified answers on the form;
"(2) to provide questions that elicit information that is relevant to making a determination of an individual's medical qualifications within
the standards identified in the Administrator's regulations;
"(3) to give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and
practices; and
"(4) to ensure that—
"(A) the application of such medical standards provides an appropriate and fair evaluation of an individual's qualifications; and
"(B) the individual understands the basis for determining medical qualifications.
"(c) Advice From Private Sector Groups.—The Administrator shall establish a panel, which shall be comprised of representatives of relevant
nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the
Administrator in carrying out the goals of the assessment required under this section.
"(d) Federal Aviation Administration Response.—Not later than 1 year after the issuance of the report by the Comptroller General pursuant to
subsection (a)(2), the Administrator shall take appropriate actions to respond to such report."

Improved Pilot Licenses
Pub. L. 112–95, title III, §321, Feb. 14, 2012, 126 Stat. 71, provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration shall issue improved pilot licenses consistent with requirements

under this section.
"(b) Timing.—Not later than 270 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall—
"(1) provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing—
"(A) a timeline for the phased issuance of improved pilot licenses under this section that ensures all pilots are issued such licenses
not later than 2 years after the initial issuance of such licenses under paragraph (2); and
"(B) recommendations for the Federal installation of infrastructure necessary to take advantage of information contained on
improved pilot licenses issued under this section, which identify the necessary infrastructure, indicate the Federal entity that should be

responsible for installing, funding, and operating the infrastructure at airport sterile areas, and provide an estimate of the costs of the
infrastructure; and
"(2) begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and title 14, Code of Federal
Regulations.
"(c) Requirements.—Improved pilot licenses issued under this section shall—
"(1) be resistant to tampering, alteration, and counterfeiting;
"(2) include a photograph of the individual to whom the license is issued for identification purposes; and
"(3) be smart cards that—
"(A) accommodate iris and fingerprint biometric identifiers; and
"(B) are compliant with Federal Information Processing Standards-201 (FIPS–201) or Personal Identity Verification-Interoperability
Standards (PIV–I) for processing through security checkpoints into airport sterile areas.
"(d) Tampering.—To the extent practicable, the Administrator shall develop methods to determine or reveal whether any component or
security feature of an improved pilot license issued under this section has been tampered with, altered, or counterfeited.
"(e) Use of Designees.—The Administrator may use designees to carry out subsection (a) to the extent practicable in order to minimize the
burdens on pilots.
"(f) Report to Congress.—
"(1) In general.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, 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 on the issuance of improved pilot licenses under this section.
"(2) Expiration.—The Administrator shall not be required to submit annual reports under this subsection after the date on which the
Administrator has issued improved pilot licenses under this section to all pilots."
Pub. L. 108–458, title IV, §4022, Dec. 17, 2004, 118 Stat. 3723, provided that:
"(a) In General.—Not later than one year after the date of enactment of this Act [Dec. 17, 2004], the Administrator of the Federal Aviation
Administration shall begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and title 14, Code of
Federal Regulations.
"(b) Requirements.—Improved pilots licenses issued under subsection (a) shall—
"(1) be resistant to tampering, alteration, and counterfeiting;
"(2) include a photograph of the individual to whom the license is issued; and
"(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator
considers necessary.
"(c) Tampering.—To the extent practical, the Administrator shall develop methods to determine or reveal whether any component or security
feature of a license issued under subsection (a) has been tampered, altered, or counterfeited.
"(d) Use of Designees.—The Administrator may use designees to carry out subsection (a) to the extent feasible in order to minimize the
burdens on pilots."

Crediting of Law Enforcement Flight Time
Pub. L. 106–424, §14, Nov. 1, 2000, 114 Stat. 1888, provided that: "In determining whether an individual meets the aeronautical experience
requirements imposed under section 44703 of title 49, United States Code, for an airman certificate or rating, the Secretary of Transportation shall
take into account any time spent by that individual operating a public aircraft as defined in section 40102 of title 49, United States Code, if that
aircraft is—
"(1) identifiable by category and class; and
"(2) used in law enforcement activities."

§44704. Type certificates, production certificates, airworthiness certificates, and design and production
organization certificates
(a) Type Certificates.—
(1) Issuance, investigations, and tests.—The Administrator of the Federal Aviation Administration shall issue a type certificate for an aircraft, aircraft
engine, or propeller, or for an appliance specified under paragraph (2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine,
propeller, or appliance is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section
44701(a) of this title. On receiving an application for a type certificate, the Administrator shall investigate the application and may conduct a hearing. The
Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in the interest of safety.
(2) Specifications.—The Administrator may—
(A) specify in regulations those appliances that reasonably require a type certificate in the interest of safety;
(B) include in a type certificate terms required in the interest of safety; and
(C) record on the certificate a numerical specification of the essential factors related to the performance of the aircraft, aircraft engine, or propeller for
which the certificate is issued.
(3) Special rules for new aircraft and appliances.—Except as provided in paragraph (4), if the holder of a type certificate agrees to permit another
person to use the certificate to manufacture a new aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person with written
evidence, in a form acceptable to the Administrator, of that agreement. Such other person may manufacture a new aircraft, aircraft engine, propeller, or
appliance based on a type certificate only if such other person is the holder of the type certificate or has permission from the holder.
(4) Limitation for aircraft manufactured before august 5, 2004.—Paragraph (3) shall not apply to a person who began the manufacture of an aircraft
before August 5, 2004, and who demonstrates to the satisfaction of the Administrator that such manufacture began before August 5, 2004, if the name of the
holder of the type certificate for the aircraft does not appear on the airworthiness certificate or identification plate of the aircraft. The holder of the type
certificate for the aircraft shall not be responsible for the continued airworthiness of the aircraft. A person may invoke the exception provided by this paragraph
with regard to the manufacture of only one aircraft.
(5) Release of data.—
(A) In general.—Notwithstanding any other provision of law, the Administrator may make available upon request, to a person seeking to maintain the
airworthiness or develop product improvements of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration
relating to a type certificate or a supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of record, if
the Administrator determines that—
(i) the certificate containing the requested data has been inactive for 3 or more years, except that the Administrator may reduce this time if required to
address an unsafe condition associated with the product;
(ii) after using due diligence, the Administrator is unable to find the owner of record, or the owner of record's heir, of the type certificate or supplemental
type certificate; and
(iii) making such data available will enhance aviation safety.
(B) Engineering data defined.—In this section, the term "engineering data" as used with respect to an aircraft, engine, propeller, or appliance means
type design drawing and specifications for the entire aircraft, engine, propeller, or appliance or change to the aircraft, engine, propeller, or appliance,
including the original design data, and any associated supplier data for individual parts or components approved as part of the particular certificate for the
aircraft, engine, propeller, or appliance.
(C) Requirement to maintain data.—The Administrator shall maintain engineering data in the possession of the Administration relating to a type
certificate or a supplemental type certificate that has been inactive for 3 or more years.
(b) Supplemental Type Certificates.—
(1) Issuance.—The Administrator may issue a type certificate designated as a supplemental type certificate for a change to an aircraft, aircraft engine,
propeller, or appliance.
(2) Contents.—A supplemental type certificate issued under paragraph (1) shall consist of the change to the aircraft, aircraft engine, propeller, or appliance
with respect to the previously issued type certificate for the aircraft, aircraft engine, propeller, or appliance.

(3) Requirement.—If the holder of a supplemental type certificate agrees to permit another person to use the certificate to modify an aircraft, aircraft
engine, propeller, or appliance, the holder shall provide the other person with written evidence, in a form acceptable to the Administrator, of that agreement. A
person may change an aircraft, aircraft engine, propeller, or appliance based on a supplemental type certificate only if the person requesting the change is the
holder of the supplemental type certificate or has permission from the holder to make the change.
(c) Production Certificates.—The Administrator shall issue a production certificate authorizing the production of a duplicate of an aircraft, aircraft engine,
propeller, or appliance for which a type certificate has been issued when the Administrator finds the duplicate will conform to the certificate. On receiving an
application, the Administrator shall inspect, and may require testing of, a duplicate to ensure that it conforms to the requirements of the certificate. The
Administrator may include in a production certificate terms required in the interest of safety.
(d) Airworthiness Certificates.—(1) The registered owner of an aircraft may apply to the Administrator for an airworthiness certificate for the aircraft. The
Administrator shall issue an airworthiness certificate when the Administrator finds that the aircraft conforms to its type certificate and, after inspection, is in
condition for safe operation. The Administrator shall register each airworthiness certificate and may include appropriate information in the certificate. The
certificate number or other individual designation the Administrator requires shall be displayed on the aircraft. The Administrator may include in an airworthiness
certificate terms required in the interest of safety.
(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not been recorded under section 44107
or 44110 of this title must submit with the application information related to the ownership of the aircraft the Administrator decides is necessary to identify each
person having a property interest in the aircraft and the kind and extent of the interest.
(3) Nonconformity with approved type design.—
(A) In general.—Consistent with the requirements of paragraph (1), a holder of a production certificate for an aircraft may not present a nonconforming
aircraft, either directly or through the registered owner of such aircraft or a person described in paragraph (2), to the Administrator for issuance of an initial
airworthiness certificate.
(B) Civil penalty.—Notwithstanding section 46301, a production certificate holder who knowingly violates subparagraph (A) shall be liable to the
Administrator for a civil penalty of not more than $1,000,000 for each nonconforming aircraft.
(C) Penalty considerations.—In determining the amount of a civil penalty under subparagraph (B), the Administrator shall consider—
(i) the nature, circumstances, extent, and gravity of the violation, including the length of time the nonconformity was known by the holder of a production
certificate but not disclosed; and
(ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern.
(D) Nonconforming aircraft defined.—In this paragraph, the term "nonconforming aircraft" means an aircraft that does not conform to the approved
type design for such aircraft type.
(e) Disclosure of Safety Critical Information.—
(1) In general.—Notwithstanding a delegation described in section 44702(d), the Administrator shall require an applicant for, or holder of, a type certificate
for a transport category airplane covered under part 25 of title 14, Code of Federal Regulations, to submit safety critical information with respect to such
airplane to the Administrator in such form, manner, or time as the Administrator may require. Such safety critical information shall include—
(A) any design and operational details, intended functions, and failure modes of any system that, without being commanded by the flight crew, commands
the operation of any safety critical function or feature required for control of an airplane during flight or that otherwise changes the flight path or airspeed of
an airplane;
(B) the design and operational details, intended functions, failure modes, and mode annunciations of autopilot and autothrottle systems, if applicable;
(C) any failure or operating condition that the applicant or holder anticipates or has concluded would result in an outcome with a severity level of
hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes
defining risk severity;
(D) any adverse handling quality that fails to meet the requirements of applicable regulations without the addition of a software system to augment the
flight controls of the airplane to produce compliant handling qualities; and
(E) a system safety assessment with respect to a system described in subparagraph (A) or (B) or with respect to any component or other system for
which failure or erroneous operation of such component or system could result in an outcome with a severity level of hazardous or catastrophic, as defined
in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity.

(2) Ongoing communications.—
(A) Newly discovered information.—The Administrator shall require that an applicant for, or holder of, a type certificate disclose to the Administrator, in
such form, manner, or time as the Administrator may require, any newly discovered information or design or analysis change that would materially alter any
submission to the Administrator under paragraph (1).
(B) System development changes.—The Administrator shall establish multiple milestones throughout the certification process at which a proposed
airplane system will be assessed to determine whether any change to such system during the certification process is such that such system should be
considered novel or unusual by the Administrator.
(3) Flight manuals.—The Administrator shall ensure that an airplane flight manual and a flight crew operating manual (as appropriate or applicable) for an
airplane contains a description of the operation of a system described in paragraph (1)(A) and flight crew procedures for responding to a failure or aberrant
operation of such system.
(4) Civil penalty.—
(A) Amount.—Notwithstanding section 46301, an applicant for, or holder of, a type certificate that knowingly violates paragraph (1), (2), or (3) of this
subsection shall be liable to the Administrator for a civil penalty of not more than $1,000,000 for each violation.
(B) Penalty considerations.—In determining the amount of a civil penalty under subparagraph (A), the Administrator shall consider—
(i) the nature, circumstances, extent, and gravity of the violation, including the length of time that such safety critical information was known but not
disclosed; and
(ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern.
(5) Revocation and civil penalty for individuals.—
(A) In general.—The Administrator shall revoke any airline transport pilot certificate issued under section 44703 held by any individual who, while acting
on behalf of an applicant for, or holder of, a type certificate, knowingly makes a false statement with respect to any of the matters described in
subparagraphs (A) through (E) of paragraph (1).
(B) Authority to impose civil penalty.—The Administrator may impose a civil penalty under section 46301 for each violation described in
subparagraph (A).
(6) Rule of construction.—Nothing in this subsection shall be construed to affect or otherwise inhibit the authority of the Administrator to deny an
application by an applicant for a type certificate or to revoke or amend a type certificate of a holder of such certificate.
(7) Definition of type certificate.—In this subsection, the term "type certificate"—
(A) means a type certificate issued under subsection (a) or an amendment to such certificate; and
(B) does not include a supplemental type certificate issued under subsection (b).
(f) Hearing Requirement.—The Administrator may find that a person has violated subsection (a)(6) or paragraph (1), (2), or (3) of subsection (e) and impose
a civil penalty under the applicable subsection only after notice and an opportunity for a hearing. The Administrator shall provide a person—
(1) written notice of the violation and the amount of penalty; and
(2) the opportunity for a hearing under subpart G of part 13 of title 14, Code of Federal Regulations.
(g) Certification Dispute Resolution.—
(1) Dispute resolution process and appeals.—
(A) In general.—Not later than 60 days after the date of enactment of this subsection, the Administrator shall issue an order establishing—
(i) an effective, timely, and milestone-based issue resolution process for type certification activities under subsection (a); and
(ii) a process by which a decision, finding of compliance or noncompliance, or other act of the Administration, with respect to compliance with design
requirements, may be appealed by a covered person directly involved with the certification activities in dispute on the basis that such decision, finding, or
act is erroneous or inconsistent with this chapter, regulations, or guidance materials promulgated by the Administrator, or other requirements.
(B) Escalation.—The order issued under subparagraph (A) shall provide processes for—
(i) resolution of technical issues at pre-established stages of the certification process, as agreed to by the Administrator and the type certificate
applicant;

(ii) automatic elevation to appropriate management personnel of the Administration and the type certificate applicant of any major certification process
milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant;
(iii) resolution of a major certification process milestone elevated pursuant to clause (ii) within a specific period of time agreed to by the Administrator
and the type certificate applicant;
(iv) initial review by appropriate Administration employees of any appeal described in subparagraph (A)(ii); and
(v) subsequent review of any further appeal by appropriate management personnel of the Administration and the Associate Administrator for Aviation
Safety.
(C) Disposition.—
(i) Written decision.—The Associate Administrator for Aviation Safety shall issue a written decision that states the grounds for the decision of the
Associate Administrator on—
(I) each appeal submitted under subparagraph (A)(ii); and
(II) An appeal to the Associate Administrator submitted under subparagraph (B)(v).
(ii) Report to congress.—Not later than December 31 of each calendar year through calendar year 2025, 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 summarizing each appeal resolved under this subsection.
(D) Final review.—
(i) In general.—A written decision of the Associate Administrator under subparagraph (C) may be appealed to the Administrator for a final review and
determination.
(ii) Decline to review.—The Administrator may decline to review an appeal initiated pursuant to clause (i).
(iii) Judicial review.—No decision under this paragraph (including a decision to decline to review an appeal) shall be subject to judicial review.
(2) Prohibited contacts.—
(A) Prohibition generally.—During the course of an appeal under this subsection, no covered official may engage in an ex parte communication (as
defined in section 551 of title 5) with an individual representing or acting on behalf of an applicant for, or holder of, a certificate under this section in relation
to such appeal unless such communication is disclosed pursuant to subparagraph (B).
(B) Disclosure.—If, during the course of an appeal under this subsection, a covered official engages in, receives, or is otherwise made aware of an ex
parte communication, the covered official shall disclose such communication in the public record at the time of the issuance of the written decision under
paragraph (1)(C), including the time and date of the communication, subject of communication, and all persons engaged in such communication.
(3) Definitions.—In this subsection:
(A) Covered person.—The term "covered person" means either—
(i) an employee of the Administration whose responsibilities relate to the certification of aircraft, engines, propellers, or appliances; or
(ii) an applicant for, or holder of, a type certificate or amended type certificate issued under this section.
(B) Covered official.—The term "covered official" means the following officials:
(i) The Executive Director or any Deputy Director of the Aircraft Certification Service.
(ii) The Deputy Executive Director for Regulatory Operations of the Aircraft Certification Service.
(iii) The Director or Deputy Director of the Compliance and Airworthiness Division of the Aircraft Certification Service.
(iv) The Director or Deputy Director of the System Oversight Division of the Aircraft Certification Service.
(v) The Director or Deputy Director of the Policy and Innovation Division of the Aircraft Certification Service.
(vi) The Executive Director or any Deputy Executive Director of the Flight Standards Service.
(vii) The Associate Administrator or Deputy Associate Administrator for Aviation Safety.
(viii) The Deputy Administrator of the Federal Aviation Administration.
(ix) The Administrator of the Federal Aviation Administration.
(x) Any similarly situated or successor FAA management position to those described in clauses (i) through (ix), as determined by the Administrator.

(C) Major certification process milestone.—The term "major certification process milestone" means a milestone related to the type certification
basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type
certificate applicant.
(4) Rule of construction.—Nothing in this subsection shall apply to the communication of a good-faith complaint by any individual alleging—
(A) gross misconduct;
(B) a violation of title 18; or
(C) a violation of any of the provisions of part 2635 or 6001 of title 5, Code of Federal Regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1188; Pub. L. 104–264, title IV, §403, Oct. 9, 1996, 110 Stat. 3256; Pub. L. 108–176, title II, §227(b)(2), (e)(1),
title VIII, §811, Dec. 12, 2003, 117 Stat. 2531, 2532, 2590; Pub. L. 109–59, title IV, §4405, Aug. 10, 2005, 119 Stat. 1776; Pub. L. 112–95, title III, §§302, 303(a),
(c)(1), Feb. 14, 2012, 126 Stat. 56, 57; Pub. L. 115–254, div. B, title II, §214, Oct. 5, 2018, 132 Stat. 3250; Pub. L. 116–260, div. V, title I, §§105(a), (b), 110, 120,
Dec. 27, 2020, 134 Stat. 2317, 2328, 2343.)
Historical and Revision Notes
Revised
Section
44704(a)(1)

Source (U.S. Code)
49 App.:1423(a)(2) (1st–4th
sentences).

49 App.:1655(c)(1).

44704(a)(2)

49 App.:1423(a)(1) (related to
regulations for appliances), (2)
(5th, last sentences).
49 App.:1655(c)(1).
49 App.:1423(b) (related to basis for
issuing, and contents of,
certificates).
49 App.:1655(c)(1).
49 App.:1423(c) (related to basis for
issuing, and contents of,
certificates).
49 App.:1655(c)(1).
49 App.:1403(h).
49 App.:1655(c)(1).

44704(b)

44704(c)(1)

44704(c)(2)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§503(h),
603(a)(1) (related to regulations for
appliances), (2), (b) (related to basis for
issuing, and contents of, certificates), (c)
(related to basis for issuing, and contents
of, certificates), 72 Stat. 774, 776.
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.

In subsections (a)–(c)(1), the word "Administrator" in section 603 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is
retained on authority of 49:106(g).
In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st sentence 1st–16th words) and the words "in regulations" are omitted as surplus. The
words "properly designed and manufactured, performs properly" are substituted for "of proper design, material, specification, construction, and
performance for safe operation" to eliminate unnecessary words. The word "rules" is omitted as being synonymous with "regulations". The

words "under section 44701(a) of this title" and "for a type certificate" are added for clarity. The words "including flight tests and tests of raw
materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance" are omitted as surplus.
In subsection (a)(2)(A), the words "issuance of" are omitted as surplus.
In subsection (a)(2)(B), the words "the duration thereof and such other" are omitted as surplus. The words "conditions, and limitations" are
omitted as being included in "terms".
In subsection (a)(2)(C), the words "issued for aircraft, aircraft engines, or propellers" and "all of" are omitted as surplus. The word
"specification" is substituted for "determination" for clarity.
In subsection (b), the word "satisfactorily" is omitted as surplus. The words "shall inspect, and may require testing of, a duplicate to ensure
that it conforms to the requirements of the certificate" are substituted for "shall make such inspection and may require such tests of any
aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of
each unit in conformity with the type certificate or any amendment or modification thereof" to eliminate unnecessary words. The words "the
duration thereof and such other . . . conditions, and limitations" are omitted as surplus.
In subsection (c)(1), the words "may apply to" are substituted for "may file with . . . an application" to eliminate unnecessary words. The
words "in accordance with regulations prescribed by the Secretary of Transportation" are omitted because of 49:322(a). The words "the
duration of such certificate, the type of service for which the aircraft may be used, and such other . . . conditions, and limitations" are omitted
as surplus.
In subsection (c)(2), the words "having a property interest" are substituted for "who are holders of property interests" to eliminate
unnecessary words.
Editorial Notes

References in Text
The date of enactment of this subsection, referred to in subsec. (g)(1)(A), is the date of enactment of Pub. L. 116–260, which was approved
Dec. 27, 2020.

Amendments
2020—Subsec. (a)(6). Pub. L. 116–260, §110(b), struck out par. (6) which related to type certification resolution process.
Subsec. (d)(3). Pub. L. 116–260, §120, added par. (3).
Subsec. (e). Pub. L. 116–260, §105(a), added subsec. (e) and struck out former subsec. (e) which related to design and production

organization certificates.
Subsec. (f). Pub. L. 116–260, §105(b), added subsec. (f).
Subsec. (g). Pub. L. 116–260, §110(a), added subsec. (g).
2018—Pub. L. 115–254, §214(b), substituted "airworthiness certificates," for "airworthiness certificates,," in section catchline.
Subsec. (a)(6). Pub. L. 115–254, §214(a), added par. (6).
2012—Pub. L. 112–95, §303(c)(1), substituted ", and design and production organization certificates" for "and design organization certificates"
in section catchline.
Subsec. (a)(5). Pub. L. 112–95, §302, added par. (5).
Subsec. (e). Pub. L. 112–95, §303(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to design organization
certificates.
2005—Subsec. (a)(1) to (3). Pub. L. 109–59, §4405(1)–(3), (5), (6), inserted par. headings, realigned margins, and substituted "Except as
provided in paragraph (4), if" for "If" in par. (3).
Subsec. (a)(4). Pub. L. 109–59, §4405(4), added par. (4).
2003—Pub. L. 108–176, §227(e)(1), added section catchline and struck out former section catchline which read as follows: "Type certificates,
production certificates, and airworthiness certificates".
Subsec. (a)(3). Pub. L. 108–176, §811, added par. (3).

Subsec. (e). Pub. L. 108–176, §227(b)(2), added subsec. (e).
1996—Subsecs. (b) to (d). Pub. L. 104–264 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Statutory Notes and Related Subsidiaries

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

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

Required Submission of Outline of System Changes at the Beginning of the Certification Process
Pub. L. 116–260, div. V, title I, §105(c), Dec. 27, 2020, 134 Stat. 2319, provided that:
"(1) In general.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate a process to

revise procedures to require an applicant for an amendment to a type certificate for a transport category aircraft to disclose to the
Administrator, in a single document submitted at the beginning of the process for amending such certificate, all new systems and intended
changes to existing systems then known to such applicant. The Administrator shall finalize the revision of such procedures not later than 18
months after initiating such process.
"(2) Application.—Compliance with the procedures revised pursuant to paragraph (1) shall not preclude an applicant from making additional
changes to aircraft systems as the design and application process proceeds.
"(3) Savings provision.—Nothing in this subsection may be construed to limit the obligations of an applicant for an amended type certificate
for a transport category airplane under section 44704(e) of title 49, United States Code, as amended in this title."
[For definitions of "Administrator" and "type certificate" as used in section 105(c) of div. V of Pub. L. 116–260, set out above, see section 137
of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Integrated Project Teams
Pub. L. 116–260, div. V, title I, §108, Dec. 27, 2020, 134 Stat. 2326, provided that:
"(a) In General.—Upon receipt of an application for a type certificate for a transport category airplane, the Administrator shall convene an

interdisciplinary integrated project team responsible for coordinating review and providing advice and recommendations, as appropriate, to the
Administrator on such application.
"(b) Membership.—In convening an interdisciplinary integrated project team under subsection (a), the Administrator shall appoint employees
of the Administration or other Federal agencies, such as the Air Force, Volpe National Transportation Systems Center, or the National
Aeronautics and Space Administration (with the concurrence of the head of such other Federal agency), with specialized expertise and
experience in the fields of engineering, systems design, human factors, and pilot training, including, at a minimum—
"(1) not less than 1 designee of the Associate Administrator for Aviation Safety whose duty station is in the Administration's
headquarters;
"(2) representatives of the Aircraft Certification Service of the Administration;
"(3) representatives of the Flight Standards Service of the Administration;
"(4) experts in the fields of human factors, aerodynamics, flight controls, software, and systems design; and
"(5) any other subject matter expert whom the Administrator determines appropriate.
"(c) Availability.—In order to carry out its duties with respect to the areas specified in subsection (d), a project team shall be available to the
Administrator, upon request, at any time during the certification process.

"(d) Duties.—A project team shall advise the Administrator and make written recommendations to the Administrator, to be retained in the
certification project file, including recommendations for any plans, analyses, assessments, and reports required to support and document the
certification project, in the following areas associated with a new technology or novel design:
"(1) Initial review of design proposals proposed by the applicant and the establishment of the certification basis.
"(2) Identification of new technology, novel design, or safety critical design features or systems that are potentially catastrophic, either
alone or in combination with another failure.
"(3) Determination of compliance findings, system safety assessments, and safety critical functions the Administration should retain in
terms of new technology, novel design, or safety critical design features or systems.
"(4) Evaluation of the Administration's expertise or experience necessary to support the project.
"(5) Review and evaluation of an applicant's request for exceptions or exemptions from compliance with airworthiness standards
codified in title 14 of the Code of Federal Regulations, as in effect on the date of application for the change.
"(6) Conduct of design reviews, procedure evaluations, and training evaluations.
"(7) Review of the applicant's final design documentation and other data to evaluate compliance with all relevant Administration
regulations.
"(e) Documentation of FAA Response.—The Administrator shall provide a written response to each recommendation of each project team
and shall retain such response in the certification project file.
"(f) Report.—Not later than 1 year after the date of enactment of this section [Dec. 27, 2020], and annually thereafter through fiscal year
2023, the Administrator shall submit to the congressional committees of jurisdiction a report on the establishment of each integrated project
team in accordance with this section during such fiscal year, including the role and composition of each such project team."
[For definitions of terms used in section 108 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Employment Restrictions: Disqualification Based on Prior Employment
Pub. L. 116–260, div. V, title I, §111(a), Dec. 27, 2020, 134 Stat. 2330, provided that: "An employee of the [Federal Aviation] Administration with
supervisory responsibility may not direct, conduct, or otherwise participate in oversight of a holder of a certificate issued under section 44704 of
title 49, United States Code, that previously employed such employee in the preceding 1-year period."

System Safety Assessments and Other Requirements
Pub. L. 116–260, div. V, title I, §115, Dec. 27, 2020, 134 Stat. 2333, provided that:
"(a) In General.—Not later than 2 years after the date of enactment of this title [Dec. 27, 2020], the Administrator shall issue such

regulations as are necessary to amend part 25 of title 14, Code of Federal Regulations, and any associated advisory circular, guidance, or
policy of the Administration, in accordance with this section.
"(b) System Safety Assessments and Other Requirements.—In developing regulations under subsection (a), the Administrator shall—
"(1) require an applicant for an amended type certificate for a transport airplane to—
"(A) perform a system safety assessment with respect to each proposed design change that the Administrator determines is
significant, with such assessment considering the airplane-level effects of individual errors, malfunctions, or failures and realistic pilot
response times to such errors, malfunctions, or failures;
"(B) update such assessment to account for each subsequent proposed design change that the Administrator determines is
significant;
"(C) provide appropriate employees of the Administration with the data and assumptions underlying each assessment and
amended assessment; and
"(D) provide for document traceability and clarity of explanations for changes to aircraft type designs and system safety
assessment certification documents; and
"(2) work with other civil aviation authorities representing states of design to ensure such regulations remain harmonized internationally.
"(c) Guidance.—Guidance or an advisory circular issued under subsection (a) shall, at minimum—

"(1) emphasize the importance of clear documentation of the technical details and failure modes and effects of a design change
described in subsection (b)(1); and
"(2) ensure appropriate review of any change that results in a functional hazard assessment classification of major or greater, as such
term is defined in FAA Advisory Circular 25.1309-1A (or any successor or replacement document).
"(d) FAA Review.—Appropriate employees of the Aircraft Certification Service and the Flight Standards Service of the Administration shall
review each system safety assessment required under subsection (b)(1)(A), updated assessment required under subsection (b)(1)(B), and
supporting data and assumptions required under subsection (b)(1)(C), to ensure that each such assessment sufficiently addresses the
considerations listed in subsection (b)(1)(A)."
[For definitions of terms used in section 115 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Flight Crew Alerting
Pub. L. 116–260, div. V, title I, §116, Dec. 27, 2020, 134 Stat. 2334, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall implement National

Transportation Safety Board recommendations A–19–11 and A–19–12 (as contained in the safety recommendation report adopted on
September 9, 2019).
"(b) Prohibition.—Beginning on the date that is 2 years after the date of enactment of this title, the Administrator may not issue a type
certificate for a transport category aircraft unless—
"(1) in the case of a transport airplane, such airplane incorporates a flight crew alerting system that, at a minimum, displays and
differentiates among warnings, cautions, and advisories, and includes functions to assist the flight crew in prioritizing corrective actions and
responding to systems failures; or
"(2) in the case of a transport category aircraft other than a transport airplane, the type certificate applicant provides a means
acceptable to the Administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures (including by
cockpit or flight manual procedures).
"(c) Existing Airplane Designs.—It is the sense of Congress that the FAA shall ensure that any system safety assessment with respect to the
Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in National Transportation Safety Board recommendation A-19-10, is
conducted in accordance with such recommendation."
[For definitions of terms used in section 116 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Changed Product Rule
Pub. L. 116–260, div. V, title I, §117, Dec. 27, 2020, 134 Stat. 2335, provided that:
"(a) Review and Reevaluation of Amended Type Certificates.—
"(1) International leadership.—The Administrator shall exercise leadership in the creation of international policies and standards

relating to the issuance of amended type certificates within the Certification Management Team.
"(2) Reevaluation of amended type certificates.—In carrying out this subsection, the Administrator shall—
"(A) encourage Certification Management Team members to examine and address any relevant covered recommendations (as
defined in section 121(c) [134 Stat. 2344]) relating to the issuance of amended type certificates;
"(B) reevaluate existing assumptions and practices inherent in the amended type certificate process and assess whether such
assumptions and practices are valid; and
"(C) ensure, to the greatest extent practicable, that Federal regulations relating to the issuance of amended type certificates are
harmonized with the regulations of other international states of design.
"(b) Amended Type Certificate Report and Rulemaking.—
"(1) Briefings.—Not later than 12 months after the date of enactment of this title [Dec. 27, 2020], and annually thereafter through fiscal
year 2023, the Administrator shall brief the congressional committees of jurisdiction on the work and status of the development of such
recommendations by the Certification Management Team.

"(2) Initiation of action.—Not later than 2 years after the date of enactment of this title, the Administrator shall take action to revise and
improve the process of issuing amended type certificates in accordance with this section. Such action shall include, at minimum—
"(A) initiation of a rulemaking proceeding; and
"(B) development or revision of guidance and training materials.
"(3) Contents.—In taking actions required under paragraph (2), the Administrator shall do the following:
"(A) Ensure that proposed changes to an aircraft are evaluated from an integrated whole aircraft system perspective that examines
the integration of proposed changes with existing systems and associated impacts.
"(B) Define key terms used for the changed product process under sections 21.19 and 21.101 of title 14, Code of Federal
Regulations.
"(C) Consider—
"(i) the findings and work of the Certification Management Team and other similar international harmonization efforts;
"(ii) any relevant covered recommendations (as defined in section 121(c) [134 Stat. 2344]); and
"(iii) whether a fixed time beyond which a type certificate may not be amended would improve aviation safety.
"(D) Establish the extent to which the following design characteristics should preclude the issuance of an amended type certificate:
"(i) A new or revised flight control system.
"(ii) Any substantial changes to aerodynamic stability resulting from a physical change that may require a new or modified
software system or control law in order to produce positive and acceptable stability and handling qualities.
"(iii) A flight control system or augmented software to maintain aerodynamic stability in any portion of the flight envelope that
was not required for a previously certified derivative.
"(iv) A change in structural components (other than a stretch or shrink of the fuselage) that results in a change in structural
load paths or the magnitude of structural loads attributed to flight maneuvers or cabin pressurization.
"(v) A novel or unusual system, component, or other feature whose failure would present a hazardous or catastrophic risk.
"(E) Develop objective criteria for helping to determine what constitutes a substantial change and a significant change.
"(F) Implement mandatory aircraft-level reviews throughout the certification process to validate the certification basis and
assumptions.
"(G) Require maintenance of relevant records of agreements between the FAA and an applicant that affect certification
documentation and deliverables.
"(H) Ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14 of the
Code of Federal Regulations, as in effect on the date of application for the change.
"(4) Guidance materials.—The Administrator shall consider the following when developing orders and regulatory guidance, including
advisory circulars, where appropriate:
"(A) Early FAA involvement and feedback paths in the aircraft certification process to ensure the FAA is aware of changes to design
assumptions and product design impacting a changed product assessment.
"(B) Presentation to the FAA of new technology, novel design, or safety critical features or systems, initially and throughout the
certification process, when development and certification prompt design or compliance method revision.
"(C) Examples of key terms used for the changed product process under sections 21.19 and 21.101 of title 14, Code of Federal
Regulations.
"(D) Type certificate data sheet improvements to accurately state which regulations and amendment level the aircraft complies to
and when compliance is limited to a subset of the aircraft.
"(E) Policies to guide applicants on proper visibility, clarity, and consistency of key design and compliance information that is
submitted for certification, particularly with new design features.
"(F) The creation, validation, and implementation of analytical tools appropriate for the analysis of complex system for the FAA and
applicants.
"(G) Early coordination processes with the FAA for the functional hazard assessments validation and preliminary system safety
assessments review.
"(5) Training materials.—The Administrator shall—

"(A) develop training materials for establishing the certification basis for changed aeronautical products pursuant to section 21.101
of title 14, Code of Federal Regulations, applications for a new type certificate pursuant to section 21.19 of such title, and the regulatory
guidance developed as a result of the rulemaking conducted pursuant to paragraph (2); and
"(B) procedures for disseminating such materials to implementing personnel of the FAA, designees, and applicants.
"(6) Certification management team defined.—In this section, the term 'Certification Management Team' means the team framework
under which the FAA, the European Aviation Safety Agency, the Transport Canada Civil Aviation, and the National Civil Aviation Agency of
Brazil, manage the technical, policy, certification, manufacturing, export, and continued airworthiness issues common among the 4
authorities.
"(7) Deadline.—The Administrator shall finalize the actions initiated under paragraph (2) not later than 3 years after the date of
enactment of this title.
"(c) International Leadership.—The Administrator shall exercise leadership within the ICAO and among other civil aviation regulators
representing states of aircraft design to advocate for the adoption of an amended changed product rule on a global basis, consistent with
ICAO standards."
[For definitions of terms used in section 117 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Expert Safety Review
Pub. L. 116–260, div. V, title I, §119(c), Dec. 27, 2020, 134 Stat. 2339, provided that:
"(1) In general.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate an expert

safety review of assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification
of such aircraft.
"(2) Contents.—The expert safety review required under paragraph (1) shall include—
"(A) a review of Administration regulations, guidance, and directives related to pilot response assumptions relied upon by the FAA and
manufacturers of transport category aircraft in the design and certification of such aircraft, and human factors and human system
integration, particularly those related to pilot and aircraft interfaces;
"(B) a focused review of the assumptions relied on regarding the time for pilot responses to non-normal conditions in designing such
aircraft's systems and instrumentation, including responses to safety-significant failure conditions and failure scenarios that trigger multiple,
and possibly conflicting, warnings and alerts;
"(C) a review of human factors assumptions with applicable operational data, human factors research and the input of human factors
experts and FAA operational data, and as appropriate, recommendations for modifications to existing assumptions;
"(D) a review of revisions made to the airman certification standards for certificates over the last 4 years, including any possible effects
on pilot competency in basic manual flying skills;
"(E) consideration of the global nature of the aviation marketplace, varying levels of pilot competency, and differences in pilot training
programs worldwide;
"(F) a process for aviation stakeholders, including pilots, airlines, inspectors, engineers, test pilots, human factors experts, and other
aviation safety experts, to provide and discuss any observations, feedback, and best practices;
"(G) a review of processes currently in place to ensure that when carrying out the certification of a new aircraft type, or an amended
type, the cumulative effects that new technologies, and the interaction between new technologies and unchanged systems for an amended
type certificate, may have on pilot interactions with aircraft systems are properly assessed through system safety assessments or otherwise;
and
"(H) a review of processes currently in place to account for any necessary adjustments to system safety assessments, pilot procedures
and training requirements, or design requirements when there are changes to the assumptions relied upon by the Administration and
manufacturers of transport category aircraft in the design and certification of such aircraft.
"(3) Report and recommendations.—Not later than 30 days after the conclusion of the expert safety review pursuant to paragraph (1),
the Administrator shall submit to the congressional committees of jurisdiction a report on the results of the review, including any
recommendations for actions or best practices to ensure the FAA and the manufacturers of transport category aircraft have accounted for

pilot response assumptions to be relied upon in the design and certification of transport category aircraft and tools or methods identified to
better integrate human factors throughout the process for such certification.
"(4) International engagement.—The Administrator shall notify other international regulators that certify transport category aircraft type
designs of the expert panel report and encourage them to review the report and evaluate their regulations and processes in light of the
recommendations included in the report.
"(5) Termination.—The expert safety review shall end upon submission of the report required pursuant to paragraph (3).
"(6) Regulations.—The Administrator shall issue or update such regulations as are necessary to implement the recommendations of the
expert safety review that the Administrator determines are necessary to improve aviation safety."
[For definitions of terms used in section 119(c) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out
as a note under section 40101 of this title.]

Human Factors Research
Pub. L. 116–260, div. V, title I, §126, Dec. 27, 2020, 134 Stat. 2347, provided that:
"(a) Human Factors.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator, in consultation with

aircraft manufacturers, operators, and pilots, and in coordination with the head of such other Federal agency that the Administrator determines
appropriate, shall develop research requirements to address the integration of human factors in the design and certification of aircraft that are
intended for use in air transportation.
"(b) Requirements.—In developing such research requirements, the Administrator shall—
"(1) establish goals for research in areas of study relevant to advancing technology, improving design engineering and certification
practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on
automated or complex flight deck systems in aircraft operations, including the development of tools to validate pilot recognition and
response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots;
"(2) take into consideration and leverage any existing or planned research that is conducted by, or conducted in partnership with, the
FAA; and
"(3) focus on—
"(A) preventing a recurrence of the types of accidents that have involved transport category airplanes designed and manufactured
in the United States; and
"(B) increasingly complex aircraft systems and designs.
"(c) Implementation.—In implementing the research requirements developed under this section, the Administrator shall work with appropriate
organizations and authorities with expertise including, to the maximum extent practicable, the Center of Excellence for Technical Training and
Human Performance and the Center of Excellence developed or expanded pursuant to section 127 [set out as a note under section 44513 of this
title].
"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $7,500,000 for each of fiscal years 2021
through 2023, out of funds made available under section 48102(a) of title 49, United States Code, to carry out this section."
[For definitions of terms used in section 126 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Pilot Operational Evaluations
Pub. L. 116–260, div. V, title I, §128, Dec. 27, 2020, 134 Stat. 2349, provided that:
"(a) Pilot Operational Evaluations.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall

revise existing policies for manufacturers of transport airplanes to ensure that pilot operational evaluations for airplane types that are
submitted for certification utilize pilots from air carriers that are expected to operate such airplanes.
"(b) Requirement.—Such manufacturer shall ensure, to the satisfaction of the Administrator, that the air carrier and foreign air carrier pilots
used for such evaluations include pilots of varying levels of experience."
[For definitions of terms used in section 128 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

Securing Aircraft Avionics Systems
Pub. L. 115–254, div. B, title V, §506, Oct. 5, 2018, 132 Stat. 3354, provided that:
"(a) In General.—The Administrator [of the Federal Aviation Administration] shall consider, where appropriate, revising Federal Aviation

Administration regulations regarding airworthiness certification—
"(1) to address cybersecurity for avionics systems, including software components; and
"(2) to require that aircraft avionics systems used for flight guidance or aircraft control be secured against unauthorized access via
passenger in-flight entertainment systems through such means as the Administrator determines appropriate to protect the avionics systems
from unauthorized external and internal access.
"(b) Consideration.—In carrying out subsection (a), the Administrator shall consider the recommendations of the Aircraft Systems
Information Security Protection Working Group under section 2111 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190;
130 Stat. 615 [625]) [49 U.S.C. 44903 note]."

Small Airplane Revitalization
Pub. L. 113–53, Nov. 27, 2013, 127 Stat. 584, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Small Airplane Revitalization Act of 2013'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for
communities and countries around the world.
"(2) Small airplanes comprise nearly 90 percent of general aviation aircraft certified by the Federal Aviation Administration.
"(3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots
who secure the economic success and defense of the United States.
"(4) General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the United States and products
produced by those sectors are exported in great numbers.
"(5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific
competence.
"(6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to the
market are resulting in a lack of innovation and investment in small airplane design.
"(7) Since 2003, the United States lost 10,000 active private pilots per year on average, partially due to a lack of cost-effective, new
small airplanes.
"(8) General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path
for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies.
"SEC. 3. SAFETY AND REGULATORY IMPROVEMENTS FOR GENERAL AVIATION.
"(a) In General.—Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule—
"(1) to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such
airplanes under part 23 to streamline the approval of safety advancements; and
"(2) that meets the objectives described in subsection (b).
"(b) Objectives Described.—The objectives described in this subsection are based on the recommendations of the Part 23 Reorganization
Aviation Rulemaking Committee:
"(1) The establishment of a regulatory regime for small airplanes that will improve safety and reduce the regulatory cost burden for the
Federal Aviation Administration and the aviation industry.
"(2) The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption.

"(3) The replacement of current, prescriptive requirements under part 23 with performance-based regulations.
"(4) The use of consensus standards accepted by the Federal Aviation Administration to clarify how the safety objectives of part 23 may
be met using specific designs and technologies.
"(c) Consensus-Based Standards.—In prescribing regulations under this section, the Administrator shall use consensus standards, as
described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 [1995] (15 U.S.C. 272 note), to the extent
practicable while continuing traditional methods for meeting part 23.
"(d) Safety Cooperation.—The Administrator shall lead the effort to improve general aviation safety by working with leading aviation
regulators to assist them in adopting a complementary regulatory approach for small airplanes.
"(e) Definitions.—In this section:
"(1) Consensus standards.—
"(A) In general.—The term 'consensus standards' means standards developed by an organization described in subparagraph (B)
that may include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available
on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested persons.
"(B) Organizations described.—An organization described in this subparagraph is a domestic or international organization that—
"(i) plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures,
voluntary standards; and
"(ii) operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for
due process and an appeals process with respect to such standards.
"(2) Part 23.—The term 'part 23' means part 23 of title 14, Code of Federal Regulations.
"(3) Part 23 reorganization aviation rulemaking committee.—The term 'Part 23 Reorganization Aviation Rulemaking Committee' means
the aviation rulemaking committee established by the Federal Aviation Administration in August 2011 to consider the reorganization of the
regulations under part 23.
"(4) Small airplane.—The term 'small airplane' means an airplane which is certified to part 23 standards."

Applicability
Pub. L. 112–95, title III, §303(b), Feb. 14, 2012, 126 Stat. 57, provided that: "Before January 1, 2013, the Administrator of the Federal Aviation
Administration may continue to issue certificates under section 44704(e) of title 49, United States Code, as in effect on the day before the date of
enactment of this Act [Feb. 14, 2012]."

Aircraft Certification Process Review and Reform
Pub. L. 112–95, title III, §312, Feb. 14, 2012, 126 Stat. 66, provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration, in consultation with representatives of the aviation industry, shall
conduct an assessment of the certification and approval process under section 44704 of title 49, United States Code.
"(b) Contents.—In conducting the assessment, the Administrator shall consider—

"(1) the expected number of applications for product certifications and approvals the Administrator will receive under section 44704 of
such title in the 1-year, 5-year, and 10-year periods following the date of enactment of this Act [Feb. 14, 2012];
"(2) process reforms and improvements necessary to allow the Administrator to review and approve the applications in a fair and timely
fashion;
"(3) the status of recommendations made in previous reports on the Administration's certification process;
"(4) methods for enhancing the effective use of delegation systems, including organizational designation authorization;
"(5) methods for training the Administration's field office employees in the safety management system and auditing; and
"(6) the status of updating airworthiness requirements, including implementing recommendations in the Administration's report entitled
'Part 23—Small Airplane Certification Process Study' (OK–09–3468, dated July 2009).
"(c) Recommendations.—In conducting the assessment, the Administrator shall make recommendations to improve efficiency and reduce
costs through streamlining and reengineering the certification process under section 44704 of such title to ensure that the Administrator can

conduct certifications and approvals under such section in a manner that supports and enables the development of new products and
technologies and the global competitiveness of the United States aviation industry.
"(d) Report to Congress.—Not later than 180 days 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 on the results of the assessment, together with an explanation of how the Administrator will implement
recommendations made under subsection (c) and measure the effectiveness of the recommendations.
"(e) Implementation of Recommendations.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator
shall begin to implement the recommendations made under subsection (c)."

Historical Aircraft Documents
Pub. L. 112–95, title VIII, §816, Feb. 14, 2012, 126 Stat. 126, provided that:
"(a) Preservation of Documents.—
"(1) In general.—The Administrator of the Federal Aviation Administration shall take such actions as the Administrator determines

necessary to preserve original aircraft type certificate engineering and technical data in the possession of the Federal Aviation
Administration related to—
"(A) approved aircraft type certificate numbers ATC 1 through ATC 713; and
"(B) Group-2 approved aircraft type certificate numbers 2–1 through 2–544.
"(2) Revision of order.—Not later than 3 years after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall revise FAA
Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical aircraft documents identified in paragraph
(1).
"(3) Consultation.—The Administrator may carry out paragraph (1) in consultation with the Archivist of the United States and the
Administrator of General Services.
"(b) Availability of Documents.—
"(1) Freedom of information act requests.—The Administrator shall make the documents to be preserved under subsection (a)(1)
available to a person—
"(A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and
"(B) subject to a prohibition on use of the documents for commercial purposes.
"(2) Trade secrets, commercial, and financial information.—Section 552(b)(4) of such title shall not apply to requests for documents to
be made available pursuant to paragraph (1).
"(c) Holder of Type Certificate.—
"(1) Rights of holder.—Nothing in this section shall affect the rights of a holder or owner of a type certificate identified in subsection (a)
(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to or for the
Federal Aviation Administration, a person, or the public.
"(2) Liability.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a type
certificate, its authorized representative, its agents, or its employees, or any firm, person, corporation, or insurer related to the type
certificate data and documents identified in subsection (a)(1).
"(3) Airworthiness.—Notwithstanding any other provision of law, the holder of a type certificate identified in subsection (a)(1) shall only
be responsible for Federal Aviation Administration regulation requirements related to type certificate data and documents identified in
subsection (a)(1) for aircraft having a standard airworthiness certificate issued prior to the date the documents are released to a person by
the Federal Aviation Administration under subsection (b)(1)."

Plan for Development and Oversight of System for Certification of Design Organizations
Pub. L. 108–176, title II, §227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that, not later than 4 years after Dec. 12, 2003, the Administrator of
the Federal Aviation Administration was to transmit to Congress a plan for the development and oversight of a certification system of design
organizations to ensure compliance with the requirements and minimum standards of section 44701(a) of this title.

§44705. Air carrier operating certificates
The Administrator of the Federal Aviation Administration shall issue an air carrier operating certificate to a person desiring to operate as an air carrier when the
Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and
standards prescribed under this part. An air carrier operating certificate shall—
(1) contain terms necessary to ensure safety in air transportation; and
(2) specify the places to and from which, and the airways of the United States over which, a person may operate as an air carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1189.)
Historical and Revision Notes
Revised
Section
44705

49 App.:1424(b).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §604(b), 72
Stat. 778.
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.

In this section, the word "Administrator" in section 604(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778) is retained on
authority of 49:106(g). Before clause (1), the words "may file with the Secretary of Transportation an application for an air carrier operating
certificate" and "the requirements of" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations". In clause (1),
the words "conditions, and limitations . . . reasonably" are omitted as surplus. In clause (2), the word "places" is substituted for "points" for
consistency in the revised title. The words "under an air carrier operating certificate" are omitted as surplus.

§44706. Airport operating certificates
(a) General.—The Administrator of the Federal Aviation Administration shall issue an airport operating certificate to a person desiring to operate an airport—
(1) that serves an air carrier operating aircraft designed for at least 31 passenger seats;
(2) that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9
passenger seats but less than 31 passenger seats; and
(3) that the Administrator requires to have a certificate;
if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations
and standards prescribed under this part.
(b) Terms.—An airport operating certificate issued under this section shall contain terms necessary to ensure safety in air transportation. Unless the
Administrator decides that it is not in the public interest, the terms shall include conditions related to—
(1) operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any part of the airport used
for landing, takeoff, or surface maneuvering of an aircraft; and
(2) friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary.
(c) Exemptions.—The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an operator of an airport
described in subsection (a) of this section having less than .25 percent of the total number of passenger boardings each year at all airports described in
subsection (a) when the Administrator decides that the requirements are or would be unreasonably costly, burdensome, or impractical.
(d) Commuter Airports.—In developing the terms required by subsection (b) for airports covered by subsection (a)(2), the Administrator shall identify and
consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome

alternative that will provide comparable safety at airports described in subsections (a)(1) and (a)(2).
(e) Effective Date.—Any regulation establishing the terms required by subsection (b) for airports covered by subsection (a)(2) shall not take effect until such
regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120
days have elapsed following the date of such submission.
(f) Limitation on Statutory Construction.—Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such
person does not desire to operate an airport described in subsection (a).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1189; Pub. L. 104–264, title IV, §404, Oct. 9, 1996, 110 Stat. 3256.)
Historical and Revision Notes
Revised
Section
44706(a)

44706(b)
44706(c)

Source (U.S. Code)
49 App.:1432(b) (1st, 2d sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§612(b); added May 21, 1970, Pub. L. 91–
258, §51(b)(1), 84 Stat. 234; Nov. 27,
1971, Pub. L. 92–174, §5(b), 85 Stat. 492;
Sept. 3, 1982, Pub. L. 97–248, §§524(f),
525(b), 96 Stat. 697.

49 App.:1432(b) (3d, last sentences).
49 App.:1432(c).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§612(c); added July 12, 1976, Pub. L. 94–
353, §19(a), 90 Stat. 883; Sept. 3, 1982,
Pub. L. 97–248, §525(c), 96 Stat. 697.

In subsection (a), before clause (1), the words "may file with the Administrator an application for an airport operating certificate" are omitted
as surplus. In clause (3), the words "the requirements of" are omitted as surplus. The word "rules" is omitted as being synonymous with
"regulations".
In subsection (b), before clause (1), the words "conditions, and limitations . . . reasonably" are omitted as surplus. In clause (2), the words
"grooving or other" are omitted as surplus.
Editorial Notes

Amendments
1996—Subsec. (a). Pub. L. 104–264, §404(a), added par. (2), redesignated former par. (2) as (3), substituted "if" for "(3) when" in former par.
(3) and adjusted the margins of that par. to make it a flush provision following par. (3).
Subsec. (d). Pub. L. 104–264, §404(b), added subsec. (d).
Subsec. (e). Pub. L. 104–264, §404(c), added subsec. (e).
Subsec. (f). Pub. L. 104–264, §404(d), added subsec. (f).
Statutory Notes and Related Subsidiaries

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

Deemed References to Chapters 509 and 511 of Title 51
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see
section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Firefighting Foam and Fluorinated Chemicals
Pub. L. 115–254, div. B, title III, §332(a), Oct. 5, 2018, 132 Stat. 3273, provided that: "Not later than 3 years after the date of enactment of this
Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration], using the latest version of National Fire Protection Association
403, 'Standard for Aircraft Rescue and Fire-Fighting Services at Airports', and in coordination with the Administrator of the Environmental
Protection Agency, aircraft manufacturers and airports, shall not require the use of fluorinated chemicals to meet the performance standards
referenced in chapter 6 of AC No: 150/5210–6D and acceptable under [section] 139.319(l) of title 14, Code of Federal Regulations."

Improvement of Runway Safety Areas
Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat. 2401, provided in part: "That not later than December 31, 2015, the owner or operator of
an airport certificated under 49 U.S.C. 44706 shall improve the airport's runway safety areas to comply with the Federal Aviation Administration
design standards required by 14 CFR part 139: Provided further, That the Federal Aviation Administration shall report annually to the Congress
on the agency's progress toward improving the runway safety areas at 49 U.S.C. 44706 airports."

Small Airport Certification
Pub. L. 106–181, title V, §518, Apr. 5, 2000, 114 Stat. 145, provided that, not later than 60 days after Apr. 5, 2000, the Administrator of the
Federal Aviation Administration would issue a notice of proposed rulemaking on implementing subsec. (a)(2) of this section relating to
issuance of airport operating certificates for small scheduled passenger air carrier operations, and not later than 1 year after the last day of the
period for public comment provided for in the notice of proposed rulemaking, the Administrator would issue a final rule on implementing this
program.

§44707. Examining and rating air agencies
The Administrator of the Federal Aviation Administration may examine and rate the following air agencies:
(1) civilian schools giving instruction in flying or repairing, altering, and maintaining aircraft, aircraft engines, propellers, and appliances, on the adequacy of
instruction, the suitability and airworthiness of equipment, and the competency of instructors.
(2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on the adequacy and suitability of the
equipment, facilities, and materials for, and methods of, repair and overhaul, and the competency of the individuals doing the work or giving instruction in the
work.
(3) other air agencies the Administrator decides are necessary in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190.)
Historical and Revision Notes
Revised
Section
44707

49 App.:1427 (1st sentence).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §607 (1st
sentence), 72 Stat. 779.
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.

In this section, the word "Administrator" in section 607 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is
retained on authority of 49:106(g). In clauses (1) and (2), the word "overhaul" is omitted as surplus. In clause (1), the words "course of" are
omitted as surplus. In clause (3), the words "in his opinion" are omitted as surplus.
Statutory Notes and Related Subsidiaries

Aircraft Repair and Maintenance Advisory Panel
Pub. L. 106–181, title VII, §734, Apr. 5, 2000, 114 Stat. 170, provided that:
"(a) Establishment of Panel.—The Administrator [of the Federal Aviation Administration]—

"(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the use and oversight of aircraft and
aviation component repair and maintenance facilities (in this section referred to as 'aircraft repair facilities') located within, or outside of, the
United States; and
"(2) may seek the advice of the panel on any issue related to methods to increase safety by improving the oversight of aircraft repair
facilities.
"(b) Membership.—The panel shall consist of—
"(1) nine members appointed by the Administrator as follows:
"(A) three representatives of labor organizations representing aviation mechanics;
"(B) one representative of cargo air carriers;
"(C) one representative of passenger air carriers;
"(D) one representative of aircraft repair facilities;
"(E) one representative of aircraft manufacturers;
"(F) one representative of on-demand passenger air carriers and corporate aircraft operations; and
"(G) one representative of regional passenger air carriers;
"(2) one representative from the Department of Commerce, designated by the Secretary of Commerce;
"(3) one representative from the Department of State, designated by the Secretary of State; and
"(4) one representative from the Federal Aviation Administration, designated by the Administrator.
"(c) Responsibilities.—The panel shall—
"(1) determine the amount and type of work that is being performed by aircraft repair facilities located within, and outside of, the United
States; and
"(2) provide advice and counsel to the Secretary [of Transportation] with respect to the aircraft and aviation component repair work
performed by aircraft repair facilities and air carriers, staffing needs, and any balance of trade or safety issues associated with that work.
"(d) DOT To Request Information From Air Carriers and Repair Facilities.—
"(1) Collection of information.—The Secretary, by regulation, shall require air carriers, foreign air carriers, domestic repair facilities,
and foreign repair facilities to submit such information as the Secretary may require in order to assess balance of trade and safety issues
with respect to work performed on aircraft used by air carriers, foreign air carriers, United States corporate operators, and foreign corporate
operators.
"(2) Drug and alcohol testing information.—Included in the information the Secretary requires under paragraph (1) shall be information
on the existence and administration of employee drug and alcohol testing programs in place at the foreign repair facilities, if applicable. The
Secretary, if necessary, shall work with the International Civil Aviation Organization to increase the number and improve the administration of
employee drug and alcohol testing programs at the foreign repair facilities.
"(3) Description of work done.—Included in the information the Secretary requires under paragraph (1) shall be information on the
amount and type of work performed on aircraft registered in and outside of the United States.
"(e) DOT To Facilitate Collection of Information About Aircraft Maintenance.—The Secretary shall facilitate the collection of information
from the National Transportation Safety Board, the Federal Aviation Administration, and other appropriate agencies regarding maintenance
performed by aircraft repair facilities.

"(f) DOT To Make Information Available to Public.—The Secretary shall make any relevant information received under subsection (d)
available to the public, consistent with the authority to withhold trade secrets or commercial, financial, and other proprietary information under
section 552 of title 5, United States Code.
"(g) Termination.—The panel established under subsection (a) shall terminate on the earlier of—
"(1) the date that is 2 years after the date of the enactment of this Act [Apr. 5, 2000]; or
"(2) December 31, 2001.
"(h) Definitions.—The definitions contained in section 40102 of title 49, United States Code, shall apply to this section."

§44708. Inspecting and rating air navigation facilities
The Administrator of the Federal Aviation Administration may inspect, classify, and rate an air navigation facility available for the use of civil aircraft on the
suitability of the facility for that use.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190.)
Historical and Revision Notes
Revised
Section
44708

49 App.:1426 (1st sentence).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §606 (1st
sentence), 72 Stat. 779.
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.

The word "Administrator" in section 606 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on
authority of 49:106(g).

§44709. Amendments, modifications, suspensions, and revocations of certificates
(a) Reinspection and Reexamination.—
(1) In general.—The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance,
design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703
of this title.
(2) Notification of reexamination of airman.—Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to
the airman—
(A) a reasonable basis, described in detail, for requesting the reexamination; and
(B) any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and
nature of the requested reexamination, that formed the basis for that justification.
(b) Actions of the Administrator.—The Administrator may issue an order amending, modifying, suspending, or revoking—
(1) any part of a certificate issued under this chapter if—
(A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and
the public interest require that action; or
(B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section 44715(a) of this title; and
(2) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(a)).

(c) Advice to Certificate Holders and Opportunity To Answer.—Before acting under subsection (b) of this section, the Administrator shall advise the
holder of the certificate of the charges or other reasons on which the Administrator relies for the proposed action. Except in an emergency, the Administrator
shall provide the holder an opportunity to answer the charges and be heard why the certificate should not be amended, modified, suspended, or revoked.
(d) Appeals.—(1) A person adversely affected by an order of the Administrator under this section may appeal the order to the National Transportation Safety
Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse the order when the Board finds—
(A) if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require
affirmation of the order; or
(B) if the order was issued under subsection (b)(1)(B) of this section—
(i) that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or
(ii) the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air
transportation.
(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty.
(3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator.
(e) Effectiveness of Orders Pending Appeal.—
(1) In general.—When a person files an appeal with the Board under subsection (d), the order of the Administrator is stayed.
(2) Exception.—Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an
emergency exists and safety in air commerce or air transportation requires the order to be effective immediately.
(3) Review of emergency order.—A person affected by the immediate effectiveness of the Administrator's order under paragraph (2) may petition for a
review by the Board, under procedures promulgated by the Board, of the Administrator's determination that an emergency exists. Any such review shall be
requested not later than 48 hours after the order is received by the person. If the Board finds that an emergency does not exist that requires the immediate
application of the order in the interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall
dispose of a review request under this paragraph not later than 5 days after the date on which the request is filed.
(4) Final disposition.—The Board shall make a final disposition of an appeal under subsection (d) not later than 60 days after the date on which the appeal
is filed.
(f) Judicial Review.—A person substantially affected by an order of the Board under this section, or the Administrator when the Administrator decides that an
order of the Board under this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110
of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial
evidence.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190; Pub. L. 106–181, title VII, §716, Apr. 5, 2000, 114 Stat. 162; Pub. L. 108–176, title II, §227(c), Dec. 12,
2003, 117 Stat. 2532; Pub. L. 112–153, §2(c)(2), Aug. 3, 2012, 126 Stat. 1161; Pub. L. 115–254, div. B, title III, §393(a), Oct. 5, 2018, 132 Stat. 3325.)
Historical and Revision Notes
Revised
Section
44709(a)

49 App.:1429(a) (1st sentence).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §609(a) (1st–
7th sentences, 8th–last sentences less
Administrator under title VII), 72 Stat. 779;
Nov. 18, 1971, Pub. L. 92–159, §2(a), 85
Stat. 481; Nov. 27, 1971, Pub. L. 92–174,
§6, 85 Stat. 492; Aug. 26, 1992, Pub. L.
102–345, §3(a)(1), 106 Stat. 925.
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.

44709(b)

49 App.:1429(a) (2d sentence).
49 App.:1429(b).

49 App.:1431(e) (words before 4th
comma).

44709(c)

49 App.:1655(c)(1).
49 App.:1429(a) (3d sentence).
49 App.:1431(e) (words between 4th
and 5th commas).
49 App.:1655(c)(1).
49 App.:1429(a) (4th sentence).
49 App.:1431(e) (words after 4th
comma).
49 App.:1429(a) (6th sentence).
49 App.:1429(a) (5th sentence).
49 App.:1655(c)(1).
49 App.:1429(a) (7th sentence).
49 App.:1655(c)(1).
49 App.:1429(a) (8th–last sentences
less Administrator under subch.
VII).
49 App.:1655(c)(1).

44709(d)(1)

44709(d)(2)
44709(d)(3)

44709(e)

44709(f)

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§609(b); added Nov. 18, 1971, Pub. L. 92–
159, §2(a), 85 Stat. 481.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§611(e); added July 21, 1968, Pub. L. 90–
411, §1, 82 Stat. 395; restated Oct. 27,
1972, Pub. L. 92–574, §7(b), 86 Stat.
1241.

In this section, the word "Administrator" in section 609(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on
authority of 49:106(g). The words "modifying", "modify", and "modified" are omitted as surplus.
In subsection (a), the words "airman holding a certificate issued under section 44703 of this title" are substituted for "civil airman" for clarity.
In subsection (b)(1), before subclause (A), the words "certificate issued under this chapter" are substituted for "type certificate, production
certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport
operating certificate), or air agency certificate" to eliminate unnecessary words.
In subsection (b)(2), the words "in his discretion" and "regarding the use or operation of an aircraft" in 49 App.:1429(b) are omitted as
surplus.
In subsection (c), the words "cases of" in 49 App.:1429(a) are omitted as surplus.
In subsection (d)(1), before clause (A), the word "adversely" is substituted for "whose certificate is" in 49 App.:1429(a), and the words "an
opportunity for a" are added, for consistency in the revised title and with other titles of the United States Code. The words "of the FAA" in 49
App.:1431(e) are omitted as surplus.
In subsection (d)(2), the words "consistent with this subsection" are omitted as surplus.
In subsection (d)(3), the word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).
In subsection (e), before clause (1), the words "the effectiveness of" are omitted as surplus.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254 designated existing provisions as par. (1), inserted heading, and added par. (2).
2012—Subsec. (d)(3). Pub. L. 112–153 struck out "but is bound by all validly adopted interpretations of laws and regulations the Administrator

carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board
finds an interpretation is arbitrary, capricious, or otherwise not according to law" after "Administrator".
2003—Subsec. (a). Pub. L. 108–176 inserted "design organization, production certificate holder," after "appliance,".
2000—Subsec. (e). Pub. L. 106–181 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "When a
person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the
Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective
immediately—
"(1) the order is effective; and
"(2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board."
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

§44710. Revocations of airman certificates for controlled substance violations
(a) Definition.—In this section, "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802).
(b) Revocation.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under
section 44703 of this title after the individual is convicted, under a law of the United States or a State related to a controlled substance (except a law related to
simple possession of a controlled substance), of an offense punishable by death or imprisonment for more than one year if the Administrator finds that—
(A) an aircraft was used to commit, or facilitate the commission of, the offense; and
(B) the individual served as an airman, or was on the aircraft, in connection with committing, or facilitating the commission of, the offense.
(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that—
(A) the individual knowingly carried out an activity punishable, under a law of the United States or a State related to a controlled substance (except a law
related to simple possession of a controlled substance), by death or imprisonment for more than one year;
(B) an aircraft was used to carry out or facilitate the activity; and
(C) the individual served as an airman, or was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the activity.
(3) The Administrator has no authority under paragraph (1) of this subsection to review whether an airman violated a law of the United States or a State
related to a controlled substance.
(c) Advice to Holders and Opportunity To Answer.—Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator
must—
(1) advise the holder of the certificate of the charges or reasons on which the Administrator relies for the proposed revocation; and

(2) provide the holder of the certificate an opportunity to answer the charges and be heard why the certificate should not be revoked.
(d) Appeals.—(1) An individual whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the
National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and an opportunity for a hearing on the record. When
conducting the hearing, the Board is not bound by findings of fact of the Administrator.
(2) When an individual files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the
Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.
(3) An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the
Board will have a significant adverse effect on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator
shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(e) Acquittal.—(1) The Administrator may not revoke, and the Board may not affirm a revocation of, an airman certificate under subsection (b)(2) of this
section on the basis of an activity described in subsection (b)(2)(A) if the holder of the certificate is acquitted of all charges related to a controlled substance in an
indictment or information arising from the activity.
(2) If the Administrator has revoked an airman certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the
Administrator shall reissue a certificate to the individual if—
(A) the individual otherwise satisfies the requirements for a certificate under section 44703 of this title; and
(B)(i) the individual subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; or
(ii) the conviction on which a revocation under subsection (b)(1) of this section is based is reversed.
(f) Waivers.—The Administrator may waive the requirement of subsection (b) of this section that an airman certificate of an individual be revoked if—
(1) a law enforcement official of the United States Government or of a State requests a waiver; and
(2) the Administrator decides that the waiver will facilitate law enforcement efforts.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1191; Pub. L. 112–153, §2(c)(3), Aug. 3, 2012, 126 Stat. 1161.)
Historical and Revision Notes
Revised
Section
44710(a)

49 App.:1429(c)(4).

44710(b)(1)
44710(b)(2)
44710(b)(3)
44710(c)

49 App.:1429(c)(1) (1st sentence).
49 App.:1429(c)(2) (1st sentence).
49 App.:1429(c)(1) (last sentence).
49 App.:1429(c)(3) (1st sentence).

44710(d)

49 App.:1429(c)(3) (2d–last
sentences).
49 App.:1429(c)(2) (last sentence).
49 App.:1422(b)(2)(C).

44710(e)(1)
44710(e)(2)

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§609(c)(1), (2), (4); added Oct. 19, 1984,
Pub. L. 98–499, §2(a), 98 Stat. 2312,
2313.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§609(c)(3); added Oct. 19, 1984, Pub. L.
98–499, §2(a), 98 Stat. 2312; Aug. 26,
1992, Pub. L. 102–345, §3(b), 106 Stat.
926.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

44710(f)

49 App.:1429(c)(5).

§602(b)(2)(C); added Oct. 19, 1984, Pub.
L. 98–499, §3, 98 Stat. 2313.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§609(c)(5); added Nov. 18, 1988, Pub. L.
100–690, §7204(b), 102 Stat. 4425.

In subsection (b)(1) and (2), before each clause (A), the words "of any person" are omitted as surplus. The words "issued . . . under section

44703 of this title" are added for clarity.

In subsection (b)(1), the word "offense" is substituted for "crime" for consistency in the revised title and with other titles of the United States
Code.
In subsection (b)(2)(C), the words "in connection with carrying out, or facilitating the carrying out of, the activity" are substituted for "in
connection with such activity or the facilitation of such activity" for consistency with the source provisions restated in paragraph (1)(B) of this
subsection.
In subsection (d)(1), the word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).
In subsection (e)(1), the words "on appeal" and "contained" are omitted as surplus.
In subsection (e)(2)(B)(i), the word "contained" is omitted as surplus.
In subsection (e)(2)(B)(ii), the words "judgment of" are omitted as surplus.
Editorial Notes

Amendments
2012—Subsec. (d)(1). Pub. L. 112–153 struck out "but shall be bound by all validly adopted interpretations of laws and regulations the
Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section
unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law" after "findings of fact of the Administrator".

§44711. Prohibitions and exemption
(a) Prohibitions.—A person may not—
(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;
(2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—
(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or
(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this
title;
(3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the
capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716
of this title;
(6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational
Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a)
or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate required under section 44706 of this title or in violation of a term of the certificate;
(9) manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under section 44714 of this title; or
(10) violate section 44732 or any regulation issued thereunder.

(b) Exemption.—On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a
foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be
granted.
(c) Prohibition on Employment of Convicted Counterfeit Part Traffickers.—No person subject to this chapter may knowingly employ anyone to
perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been
convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented
aviation part or material.
(d) Post-employment Restrictions for Inspectors and Engineers.—
(1) Prohibition.—A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a
contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual,
in the preceding 2-year period—
(A) served as, or was responsible for oversight of—
(i) a flight standards inspector of the Administration; or
(ii) an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a);
and
(B) had responsibility to inspect, or oversee inspection of, the operations of such person.
(2) Written and oral communications.—For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a
certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the
Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to
whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1193; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title V, §505(b), Apr. 5, 2000,
114 Stat. 136; Pub. L. 108–176, title II, §227(d), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112–95, title III, §§307(b), 342(a), Feb. 14, 2012, 126 Stat. 61, 79; Pub. L.
116–260, div. V, title I, §111(b), Dec. 27, 2020, 134 Stat. 2330.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
44711(a)(1)

49 App.:1430(a)(1).

44711(a)(2)
44711(a)(3)
44711(a)(4)
44711(a)(5)
44711(a)(6)

49 App.:1430(a)(2).
49 App.:1430(a)(3).
49 App.:1430(a)(4).
49 App.:1430(a)(5).
49 App.:1430(a)(6).

44711(a)(7)

49 App.:1430(a)(7).

44711(a)(8)

49 App.:1430(a)(8).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §610(a)(1)–
(5), (b), 72 Stat. 780.

Aug. 23, 1958, Pub. L. 85–726, §610(a)(6),
72 Stat. 780; May 21, 1970, Pub. L. 91–
258, §51(b)(3)(A), 84 Stat. 235.
Aug. 23, 1958, Pub. L. 85–726, §610(a)(7),
72 Stat. 780; May 21, 1970, Pub. L. 91–
258, §51(b)(3)(B), 84 Stat. 235; Dec. 31,
1970, Pub. L. 91–604, §11(b)(2), 84 Stat.
1705.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,

44711(a)(9)

49 App.:1430(a)(9).

44711(b)

49 App.:1430(b).
49 App.:1655(c)(1).

§610(a)(8); added May 21, 1970, Pub. L.
91–258, §51(b)(3)(C), 84 Stat. 235; Dec.
31, 1970, Pub. L. 91–604, §11(b)(2), 84
Stat. 1705; restated Sept. 3, 1982, Pub. L.
97–248, §525(d), 96 Stat. 697.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§610(a)(9); added Dec. 31, 1970, Pub. L.
91–604, §11(b)(2), 84 Stat. 1705; Nov. 9,
1977, Pub. L. 95–163, §15(b)(2), 91 Stat.
1283.
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.

In subsection (a)(1) and (7), the words "condition, or limitation" are omitted as being included in "term".
In subsection (a)(1), the words "without . . . in effect" are substituted for "for which there is not currently in effect an" to eliminate
unnecessary words.
In subsection (a)(2), (5), and (7), the word "rule" is omitted as being synonymous with "regulations".
In subsection (a)(2)(B), the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(5) and (7), the words "prescribed . . . issued" are added for consistency in the revised title and with other titles of the Code.
In subsection (a)(5), the words "of the Secretary of Transportation" are omitted as surplus.
In subsection (a)(6), the words "proclaimed by the President" are omitted as surplus. The words "section 3 of the International Navigational
Rules Act of 1977 (33 U.S.C. 1602)" are substituted for "section 143 of title 33" because the section was part of the Act of October 11, 1951 (ch.
495, 65 Stat. 406), that was repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21.
Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by
33:1601–1608.
In subsection (a)(7), the words "holding . . . such certificate" are omitted because of the restatement.
In subsection (a)(8), the words "by the Administrator" are omitted as surplus.
In subsection (b), the word "Administrator" in section 610(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 780) is retained on
authority of 49:106(g). The words "to the extent, and . . . and conditions" and "by such airmen" are omitted as surplus.
Pub. L. 103–429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
Editorial Notes

Amendments
2020—Subsec. (d). Pub. L. 116–260 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to postemployment restrictions
for flight standards inspectors.
2012—Subsec. (a)(10). Pub. L. 112–95, §307(b), added par. (10).
Subsec. (d). Pub. L. 112–95, §342(a), added subsec. (d).
2003—Subsec. (a)(7). Pub. L. 108–176 substituted "agency, design organization certificate," for "agency".
2000—Subsec. (c). Pub. L. 106–181 added subsec. (c).
1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103–429 inserted "any of sections" before "44702–44716".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment
Pub. L. 112–95, title III, §342(b), Feb. 14, 2012, 126 Stat. 80, provided that: "The amendment made by subsection (a) [amending this section]
shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act [Feb. 14, 2012]."

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§44712. Emergency locator transmitters
(a) Installation.—An emergency locator transmitter must be installed on a fixed-wing powered civil aircraft for use in air commerce.
(b) Nonapplication.—Prior to January 1, 2002, subsection (a) does not apply to—
(1) turbojet-powered aircraft;
(2) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this
part;
(3) aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin;
(4) aircraft when used in flight operations related to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of
a substance for an agricultural purpose;
(5) aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;
(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and
(7) aircraft equipped to carry only one individual.
(c) Nonapplication Beginning on January 1, 2002.—
(1) In general.—Subject to paragraph (2), on and after January 1, 2002, subsection (a) does not apply to—
(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this
part;
(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin;
(C) aircraft when used in flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft;
(D) aircraft when used in research and development if the aircraft holds a certificate from the Administrator of the Federal Aviation Administration to carry
out such research and development;
(E) aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;
(F) aircraft when used in the aerial application of a substance for an agricultural purpose;
(G) aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation; or
(H) aircraft equipped to carry only one individual.
(2) Delay in implementation.—The Administrator of the Federal Aviation Administration may continue to implement subsection (b) rather than subsection
(c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds such action is necessary to promote—

(A) a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or
(B) other safety objectives.
(d) Compliance.—An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243
megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).
(e) Removal.—The Administrator shall prescribe regulations specifying the conditions under which an aircraft subject to subsection (a) of this section may
operate when its emergency locator transmitter has been removed for inspection, repair, alteration, or replacement.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 106–181, title V, §501(a), Apr. 5, 2000, 114 Stat. 131.)
Historical and Revision Notes
Revised
Section
44712(a)

49 App.:1421(d)(1).

44712(b)

49 App.:1421(d)(2).

49 App.:1551(b)(1)(E).

44712(c)

49 App.:1421(d)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§601(d)(1); added Dec. 29, 1970, Pub. L.
91–596, §31, 84 Stat. 1619; restated Jan.
2, 1974, Pub. L. 93–239, §4, 87 Stat. 1048;
Nov. 9, 1977, Pub. L. 95–163, §15(a)(1),
91 Stat. 1283.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§601(d)(2); added Dec. 29, 1970, Pub. L.
91–596, §31, 84 Stat. 1619; restated Jan.
2, 1974, Pub. L. 93–239, §4, 87 Stat. 1048.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§601(d)(3); added Nov. 9, 1977, Pub. L.
95–163, §15(a)(2), 91 Stat. 1283.

In subsection (a), the words "Except with respect to aircraft described in paragraph (2) of this subsection and except as provided in
paragraph (3) of this subsection" are omitted as surplus. The words "minimum standards pursuant to this section shall include a requirement
that", the text of 49 App.:1421(d)(1)(A), and the words "after three years and six months following such date" are omitted as executed.
In subsection (b), the word "used" is substituted for "engaged" for consistency. In clause (3), the word "training" is substituted for "local flight"
for consistency. In clause (4), the words "chemicals and other" are omitted as surplus. In clause (5), the word "purposes" is omitted as surplus.
In subsection (c), the words "prescribe regulations" are substituted for "shall issue regulations . . . as he prescribes in such regulations" to
eliminate unnecessary words. The words "such limitations and" and "from such aircraft" are omitted as surplus.
Editorial Notes

Amendments
2000—Subsec. (b). Pub. L. 106–181, §501(a)(1), substituted "Prior to January 1, 2002, subsection (a)" for "Subsection (a) of this section" in
introductory provisions.
Subsecs. (c) to (e). Pub. L. 106–181, §501(a)(2), (3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Regulations
Pub. L. 106–181, title V, §501(b), Apr. 5, 2000, 114 Stat. 132, provided that: "The Secretary [of Transportation] shall issue regulations to carry
out section 44712(c) of title 49, United States Code, as amended by this section, not later than January 1, 2001."

Emergency Locator Transmitters on General Aviation Aircraft
Pub. L. 112–95, title III, §347, Feb. 14, 2012, 126 Stat. 82, provided that:
"(a) Inspection.—As part of the annual inspection of general aviation aircraft, the Administrator of the Federal Aviation Administration shall

require a detailed inspection of each emergency locator transmitter (in this section referred to as an 'ELT') installed in general aviation aircraft
operating in the United States to ensure that the ELT is mounted and retained in accordance with the manufacturer's specifications.
"(b) Mounting and Retention.—
"(1) In general.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall determine if the
ELT mounting requirements and retention tests specified by Technical Standard Orders C91a and C126 are adequate to assess retention
capabilities in ELT designs.
"(2) Revision.—Based on the determination under paragraph (1), the Administrator shall make any necessary revisions to the
requirements and retention tests referred to in paragraph (1) to ensure that ELTs are properly retained in the event of an aircraft accident.
"(c) Report.—Upon the completion of any revisions under subsection (b)(2), the Administrator shall submit a report on the implementation of
this section to—
"(1) the Committee on Commerce, Science, and Transportation of the Senate; and
"(2) the Committee on Transportation and Infrastructure of the House of Representatives."

§44713. Inspection and maintenance
(a) General Equipment Requirements.—An air carrier shall make, or cause to be made, any inspection, repair, or maintenance of equipment used in air
transportation as required by this part or regulations prescribed or orders issued by the Administrator of the Federal Aviation Administration under this part. A
person operating, inspecting, repairing, or maintaining the equipment shall comply with those requirements, regulations, and orders.
(b) Duties of Inspectors.—The Administrator of the Federal Aviation Administration shall employ inspectors who shall—
(1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture and when in use by an air carrier
in air transportation, to enable the Administrator to decide whether the aircraft, aircraft engines, propellers, or appliances are in safe condition and maintained
properly; and
(2) advise and cooperate with the air carrier during that inspection and maintenance.
(c) Unsafe Aircraft, Engines, Propellers, and Appliances.—When an inspector decides that an aircraft, aircraft engine, propeller, or appliance is not in
condition for safe operation, the inspector shall notify the air carrier in the form and way prescribed by the Administrator of the Federal Aviation Administration.
For 5 days after the carrier is notified, the aircraft, engine, propeller, or appliance may not be used in air transportation or in a way that endangers air
transportation unless the Administrator or the inspector decides the aircraft, engine, propeller, or appliance is in condition for safe operation.
(d) Modifications in System.—(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for processing forms for
major repairs or alterations to fuel tanks and fuel systems of aircraft not used to provide air transportation that are necessary to make the system more effective
in serving the needs of users of the system, including officials responsible for enforcing laws related to the regulation of controlled substances (as defined in
section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifications shall address at least each of the
following deficiencies in, and abuses of, the existing system:
(A) the lack of a special identification feature to allow the forms to be distinguished easily from other major repair and alteration forms.

(B) the excessive period of time required to receive the forms at the Airmen and Aircraft Registry of the Administration.
(C) the backlog of forms waiting for processing at the Registry.
(D) the lack of ready access by law enforcement officials to information contained on the forms.
(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written
explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). In prescribing the regulations, the Administrator of
the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of U.S. Customs and Border Protection, other
law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the general aviation
aircraft industry, representatives of users of general aviation aircraft, and other interested persons.
(e) Automated Surveillance Targeting Systems.—
(1) In general.—The Administrator shall give high priority to developing and deploying a fully enhanced safety performance analysis system that includes
automated surveillance to assist the Administrator in prioritizing and targeting surveillance and inspection activities of the Federal Aviation Administration.
(2) Deadlines for deployment.—
(A) Initial phase.—The initial phase of the operational deployment of the system developed under this subsection shall begin not later than December
31, 1997.
(B) Final phase.—The final phase of field deployment of the system developed under this subsection shall begin not later than December 31, 1999. By
that date, all principal operations and maintenance inspectors of the Administration, and appropriate supervisors and analysts of the Administration shall
have been provided access to the necessary information and resources to carry out the system.
(3) Integration of information.—In developing the system under this section, the Administration shall consider the near-term integration of accident and
incident data into the safety performance analysis system under this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 104–264, title IV, §407(b), Oct. 9, 1996, 110 Stat. 3258; Pub. L. 114–125, title VIII, §802(d)(2),
Feb. 24, 2016, 130 Stat. 210.)
Historical and Revision Notes
Revised
Section
44713(a)

49 App.:1425(a).

49 App.:1655(c)(1).

44713(b)

44713(c)

44713(d)(1)

49 App.:1425(b) (1st sentence).
49 App.:1655(c)(1).
49 App.:1425(b) (last sentence).
49 App.:1655(c)(1).
49 App.:1303 (note).

49 App.:1425(c).

44713(d)(2)

49 App.:1401 (note).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §605(a), (b),
72 Stat. 778.
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.

Nov. 18, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§605(c); added Nov. 18, 1988, Pub. L.
100–690, §7206(a), 102 Stat. 4426.
Nov. 18, 1988, Pub. L. 100–690, §7207(a)
(1st sentence), (b), 102 Stat. 4427.

In subsections (a)–(c), the word "Administrator" in section 605(a) and (b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778)
is retained on authority of 49:106(g).

In subsection (a), the word "overhaul" is omitted as being included in "repair". The word "prescribed" is added for consistency in the revised
title and with other titles of the United States Code. The words "A person operating, inspecting, overhauling, or maintaining the equipment
shall comply with those requirements, regulations, and orders" are substituted for 49 App.:1425(a) (last sentence) to eliminate unnecessary
words.
In subsection (b), before clause (1), the words "be charged with the duty . . . of" are omitted as surplus. In clause (1), the words "in use" are
substituted for "used by an air carrier in air transportation" to eliminate unnecessary words. The words "as may be necessary" and "for
operation in air transportation" are omitted as surplus.
In subsection (c), the words "in the performance of his duty", "used or intended to be used by any air carrier in air transportation", and "a
period of" are omitted as surplus.
In subsection (d)(1), before clause (A), the words "not used to provide air transportation" are substituted for section 7214 of the Anti-Drug
Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4434) because of the restatement.
In subsection (d)(2), the words "Not later than September 18, 1989" and "final" are omitted as obsolete. The words "Administrator of Drug
Enforcement" are substituted for "Drug Enforcement Administration of the Department of Justice" because of section 5(a) of Reorganization
Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs" are substituted for "United States Customs
Service" because of 19:2071.
Editorial Notes

Amendments
1996—Subsec. (e). Pub. L. 104–264 added subsec. (e).
Statutory Notes and Related Subsidiaries

Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (d)(2) on authority of section
802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

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

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including
functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the
Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally
by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Maintenance Providers
Pub. L. 112–95, title III, §319, Feb. 14, 2012, 126 Stat. 69, provided that:
"(a) Regulations.—Not later than 3 years after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation

Administration shall issue regulations requiring that covered work on an aircraft used to provide air transportation under part 121 of title 14,

Code of Federal Regulations, be performed by persons in accordance with subsection (b).
"(b) Persons Authorized To Perform Certain Work.—A person may perform covered work on aircraft used to provide air transportation
under part 121 of title 14, Code of Federal Regulations, only if the person is employed by—
"(1) a part 121 air carrier;
"(2) a part 145 repair station or a person authorized under section 43.17 of title 14, Code of Federal Regulations (or any successor
regulation); or
"(3) subject to subsection (c), a person that—
"(A) provides contract maintenance workers, services, or maintenance functions to a part 121 air carrier or part 145 repair station;
and
"(B) meets the requirements of the part 121 air carrier or the part 145 repair station, as appropriate.
"(c) Terms and Conditions.—Covered work performed by a person who is employed by a person described in subsection (b)(3) shall be
subject to the following terms and conditions:
"(1) The applicable part 121 air carrier shall be directly in charge of the covered work being performed.
"(2) The covered work shall be carried out in accordance with the part 121 air carrier's maintenance manual.
"(3) The person shall carry out the covered work under the supervision and control of the part 121 air carrier directly in charge of the
covered work being performed on its aircraft.
"(d) Definitions.—In this section, the following definitions apply:
"(1) Covered work.—The term 'covered work' means any of the following:
"(A) Essential maintenance that could result in a failure, malfunction, or defect endangering the safe operation of an aircraft if not
performed properly or if improper parts or materials are used.
"(B) Regularly scheduled maintenance.
"(C) A required inspection item (as defined by the Administrator).
"(2) Part 121 air carrier.—The term 'part 121 air carrier' means an air carrier that holds a certificate issued under part 121 of title 14,
Code of Federal Regulations.
"(3) Part 145 repair station.—The term 'part 145 repair station' means a repair station that holds a certificate issued under part 145 of
title 14, Code of Federal Regulations.
"(4) Person.—The term 'person' means an individual, firm, partnership, corporation, company, or association that performs
maintenance, preventative maintenance, or alterations."

§44714. Aviation fuel standards
The Administrator of the Federal Aviation Administration shall prescribe—
(1) standards for the composition or chemical or physical properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the
Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act (42 U.S.C. 7571) endanger the public health or welfare;
and
(2) regulations providing for carrying out and enforcing those standards.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1195.)
Historical and Revision Notes
Revised
Section
44714

Source (U.S. Code)
49 App.:1421(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§601(e); added Dec. 31, 1970, Pub. L. 91–
604, §11(b)(1), 84 Stat. 1705; Nov. 9, 1977,
Pub. L. 95–163, §15(b)(1), 91 Stat. 1283.

In this section, before clause (1), the words "and from time to time revise" are omitted as surplus. In clause (1), the words "establishing" and
"the purpose of" are omitted as surplus.
Statutory Notes and Related Subsidiaries

Aviation Fuel
Pub. L. 115–254, div. B, title V, §565, Oct. 5, 2018, 132 Stat. 3385, provided that:
"(a) Use of Unleaded Aviation Gasoline.—The Administrator [of the Federal Aviation Administration] shall allow the use of an unleaded

aviation gasoline in an aircraft as a replacement for a leaded gasoline if the Administrator—
"(1) determines that the unleaded aviation gasoline qualifies as a replacement for an approved leaded gasoline;
"(2) identifies the aircraft and engines that are eligible to use the qualified replacement unleaded gasoline; and
"(3) adopts a process (other than the traditional means of certification) to allow eligible aircraft and engines to operate using qualified
replacement unleaded gasoline in a manner that ensures safety.
"(b) Timing.—The Administrator shall adopt the process described in subsection (a)(3) not later than 180 days after the later of—
"(1) the date on which the [Federal Aviation] Administration completes the Piston Aviation Fuels Initiative; or
"(2) the date on which the American Society for Testing and Materials publishes a production specification for an unleaded aviation
gasoline.
"(c) Type Certification.—Existing regulatory mechanisms by which an unleaded aviation gasoline can be approved for use in an engine or
aircraft by Type or Supplemental Type Certificate for individual aircraft and engine types or by Approved Model List Supplemental Type
Certificate providing coverage for a broad range of applicable types of aircraft or engines identified in the application shall continue to be fully
available as a means of approving and bringing an unleaded aviation gasoline into general use in the United States. Such approvals shall be
issued when the Administrator finds that the aircraft or engine performs properly and meets the applicable regulations and minimum standards
under the normal certification process."

§44715. Controlling aircraft noise and sonic boom
(a) Standards and Regulations.—(1)(A) To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the
Federal Aviation Administration, as he deems necessary, shall prescribe—
(i) standards to measure aircraft noise and sonic boom; and
(ii) regulations to control and abate aircraft noise and sonic boom.
(B) The Administrator, as the Administrator deems appropriate, shall provide for the participation of a representative of the Environmental Protection Agency
on such advisory committees or associated working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft
engines.
(2) The Administrator of the Federal Aviation Administration may prescribe standards and regulations under this subsection only after consulting with the
Administrator of the Environmental Protection Agency. The standards and regulations shall be applied when issuing, amending, modifying, suspending, or
revoking a certificate authorized under this chapter.
(3) An original type certificate may be issued under section 44704(a) of this title for an aircraft for which substantial noise abatement can be achieved only
after the Administrator of the Federal Aviation Administration prescribes standards and regulations under this section that apply to that aircraft.
(b) Considerations and Consultation.—When prescribing a standard or regulation under this section, the Administrator of the Federal Aviation
Administration shall—
(1) consider relevant information related to aircraft noise and sonic boom;
(2) consult with appropriate departments, agencies, and instrumentalities of the United States Government and State and interstate authorities;
(3) consider whether the standard or regulation is consistent with the highest degree of safety in air transportation or air commerce in the public interest;

(4) consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate for the applicable aircraft, aircraft
engine, appliance, or certificate; and
(5) consider the extent to which the standard or regulation will carry out the purposes of this section.
(c) Proposed Regulations of Administrator of Environmental Protection Agency.—The Administrator of the Environmental Protection Agency shall
submit to the Administrator of the Federal Aviation Administration proposed regulations to control and abate aircraft noise and sonic boom (including control and
abatement through the use of the authority of the Administrator of the Federal Aviation Administration) that the Administrator of the Environmental Protection
Agency considers necessary to protect the public health and welfare. The Administrator of the Federal Aviation Administration shall consider those proposed
regulations and shall publish them in a notice of proposed regulations not later than 30 days after they are received. Not later than 60 days after publication, the
Administrator of the Federal Aviation Administration shall begin a hearing at which interested persons are given an opportunity for oral and written presentations.
Not later than 90 days after the hearing is completed and after consulting with the Administrator of the Environmental Protection Agency, the Administrator of the
Federal Aviation Administration shall—
(1) prescribe regulations as provided by this section—
(A) substantially the same as the proposed regulations submitted by the Administrator of the Environmental Protection Agency; or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register—
(A) a notice that no regulation is being prescribed in response to the proposed regulations of the Administrator of the Environmental Protection Agency;
(B) a detailed analysis of, and response to, all information the Administrator of the Environmental Protection Agency submitted with the proposed
regulations; and
(C) a detailed explanation of why no regulation is being prescribed.
(d) Consultation and Reports.—(1) If the Administrator of the Environmental Protection Agency believes that the action of the Administrator of the Federal
Aviation Administration under subsection (c)(1)(B) or (2) of this section does not protect the public health and welfare from aircraft noise or sonic boom,
consistent with the considerations in subsection (b) of this section, the Administrator of the Environmental Protection Agency shall consult with the Administrator
of the Federal Aviation Administration and may request a report on the advisability of prescribing the regulation as originally proposed. The request, including a
detailed statement of the information on which the request is based, shall be published in the Federal Register.
(2) The Administrator of the Federal Aviation Administration shall report to the Administrator of the Environmental Protection Agency within the time, if any,
specified in the request. However, the time specified must be at least 90 days after the date of the request. The report shall—
(A) be accompanied by a detailed statement of the findings of the Administrator of the Federal Aviation Administration and the reasons for the findings;
(B) identify any statement related to an action under subsection (c) of this section filed under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C));
(C) specify whether and where that statement is available for public inspection; and
(D) be published in the Federal Register unless the request proposes specific action by the Administrator of the Federal Aviation Administration and the
report indicates that action will be taken.
(e) Supplemental Reports.—The Administrator of the Environmental Protection Agency may request the Administrator of the Federal Aviation
Administration to file a supplemental report if the report under subsection (d) of this section indicates that the proposed regulations under subsection (c) of this
section, for which a statement under section 102(2)(C) of the Act (42 U.S.C. 4332(2)(C)) is not required, should not be prescribed. The supplemental report shall
be published in the Federal Register within the time the Administrator of the Environmental Protection Agency specifies. However, the time specified must be at
least 90 days after the date of the request. The supplemental report shall contain a comparison of the environmental effects, including those that cannot be
avoided, of the action of the Administrator of the Federal Aviation Administration and the proposed regulations of the Administrator of the Environmental
Protection Agency.
(f) Exemptions.—An exemption from a standard or regulation prescribed under this section may be granted only if, before granting the exemption, the
Administrator of the Federal Aviation Administration consults with the Administrator of the Environmental Protection Agency. However, if the Administrator of the
Federal Aviation Administration finds that safety in air transportation or air commerce requires an exemption before the Administrator of the Environmental
Protection Agency can be consulted, the exemption may be granted. The Administrator of the Federal Aviation Administration shall consult with the Administrator
of the Environmental Protection Agency as soon as practicable after the exemption is granted.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1196; Pub. L. 104–264, title IV, §406(a), Oct. 9, 1996, 110 Stat. 3257.)
Historical and Revision Notes
Revised
Section
44715(a)(1), (2)

Source (U.S. Code)
49 App.:1431(a), (b)(1) (1st
sentence).

44715(a)(3)
44715(b)
44715(c)

49 App.:1431(b)(2).
49 App.:1431(d).
49 App.:1431(c)(1).

44715(d)
44715(e)
44715(f)

49 App.:1431(c)(2).
49 App.:1431(c)(3).
49 App.:1431(b)(1) (last sentence).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§611(a), (b), (d); added July 21, 1968, Pub.
L. 90–411, §1, 82 Stat. 395; restated Oct.
27, 1972, Pub. L. 92–574, §7(b), 86 Stat.
1239, 1241.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§611(c); added July 21, 1968, Pub. L. 90–
411, §1, 82 Stat. 395; restated Oct. 27,
1972, Pub. L. 92–574, §7(b), 86 Stat.
1240; Nov. 8, 1978, Pub. L. 95–609, §3, 92
Stat. 3080.

In subsection (a)(1), before clause (A), the text of 49 App.:1431(a) is omitted because the revised section identifies the appropriate
Administrator each time the Administrator is mentioned. The words "present and future" and "and amend" are omitted as surplus. In clause
(B), the words "as the FAA may find necessary to provide" are omitted as surplus.
In subsection (a)(2), the word "only" is added for clarity.
Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to eliminate unnecessary words.
In subsection (b), before clause (1), the words "and amending" are omitted as surplus. In clause (1), the words "available . . . including the
results of research, development, testing, and evaluation activities conducted pursuant to this chapter and the Department of Transportation
Act" are omitted as surplus. In clause (2), the words "departments, agencies, and instrumentalities of the United States Government and State
and interstate authorities" are substituted for "Federal, State, and interstate agencies" for consistency in the revised title and with other titles of
the United States Code. The words "as he deems" are omitted as surplus. In clauses (3) and (4), the word "proposed" is omitted as surplus. In
clause (4), the word "applicable" is substituted for "particular type of . . . to which it will apply" to eliminate unnecessary words. In clause (5),
the words "contribute to" are omitted as surplus.
In subsection (c), before clause (1), the words "Not earlier than the date of submission of the report required by section 4906 of title 42" are
omitted as executed. The words "regulatory . . . over air commerce or transportation or over aircraft or airport operations" and "submitted by
the EPA under this paragraph" are omitted as surplus. The word "regulations" is substituted for "rulemaking" for consistency in the revised title.
The words "after they are received" are substituted for "of the date of its submission to the FAA" to eliminate unnecessary words. The words
"of data, views, and arguments" are omitted as surplus. In clause (1), the words "in accordance with subsection (b) of this section" are omitted
because of the restatement. In clause (2)(B), the words "documentation or other" are omitted as surplus.
In subsection (d)(1), the words "listed" and "the FAA to review, and . . . to EPA . . . by EPA" are omitted as surplus.
In subsection (d)(2), before clause (A), the words "shall complete the review requested and" are omitted as surplus. In clause (B), the words
"of the FAA" are omitted as surplus.
In subsection (e), the words "actually taken . . . in response to EPA's proposed regulations" are omitted as surplus.
In subsection (f), the words "under any provision of this chapter" and "that . . . be granted" are omitted as surplus. The words "the exemption
may be granted" are added for clarity.

Editorial Notes

Amendments
1996—Subsec. (a)(1). Pub. L. 104–264, which in directing the general amendment of par. (1) inserted an additional subsec. (a) designation
and heading identical to the existing subsec. heading as well as restating the text of par. (1), was executed by restating the text only to reflect
the probable intent of Congress. Prior to amendment, par. (1) read as follows: "To relieve and protect the public health and welfare from
aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration shall prescribe—
"(A) standards to measure aircraft noise and sonic boom; and
"(B) regulations to control and abate aircraft noise and sonic boom."
Statutory Notes and Related Subsidiaries

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

§44716. Collision avoidance systems
(a) Development and Certification.—The Administrator of the Federal Aviation Administration shall—
(1) complete the development of the collision avoidance system known as TCAS–II so that TCAS–II can operate under visual and instrument flight rules and
can be upgraded to the performance standards applicable to the collision avoidance system known as TCAS–III;
(2) develop and carry out a schedule for developing and certifying TCAS–II that will result in certification not later than June 30, 1989; and
(3) submit to Congress monthly reports on the progress being made in developing and certifying TCAS–II.
(b) Installation and Operation.—The Administrator shall require by regulation that, not later than 30 months after the date certification is made under
subsection (a)(2) of this section, TCAS–II be installed and operated on each civil aircraft that has a maximum passenger capacity of at least 31 seats and is
used to provide air transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline in this
subsection for not more than 2 years if the Administrator finds the extension is necessary to promote—
(1) a safe and orderly transition to the operation of a fleet of civil aircraft described in this subsection equipped with TCAS–II; or
(2) other safety objectives.
(c) Operational Evaluation.—Not later than December 30, 1990, the Administrator shall establish a one-year program to collect and assess safety and
operational information from civil aircraft equipped with TCAS–II for the operational evaluation of TCAS–II. The Administrator shall encourage foreign air carriers
that operate civil aircraft equipped with TCAS–II to participate in the program.
(d) Amending Schedule for Windshear Equipment.—The Administrator shall consider the feasibility and desirability of amending the schedule for installing
airborne low-altitude windshear equipment to make the schedule compatible with the schedule for installing TCAS–II.
(e) Deadline for Development and Certification.—(1) The Administrator shall complete developing and certifying TCAS–III as soon as possible.
(2) Necessary amounts may be appropriated from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26
U.S.C. 9502) to carry out this subsection.
(f) Installing and Using Transponders.—The Administrator shall prescribe regulations requiring that, not later than December 30, 1990, operating
transponders with automatic altitude reporting capability be installed and used for aircraft operating in designated terminal airspace where radar service is
provided for separation of aircraft. The Administrator may provide for access to that airspace (except terminal control areas and airport radar service areas) by
nonequipped aircraft if the Administrator finds the access will not interfere with the normal traffic flow.

(g) Cargo Collision Avoidance Systems.—
(1) In general.—The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be installed on each
cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.
(2) Extension of deadline.—The Administrator may extend the deadline established by paragraph (1) by not more than 2 years if the Administrator finds
that the extension is needed to promote—
(A) a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or
(B) other safety or public interest objectives.
(3) Collision avoidance equipment defined.—In this subsection, the term "collision avoidance equipment" means equipment that provides protection
from mid-air collisions using technology that provides—
(A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and
(B) a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–II.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1198; Pub. L. 106–181, title V, §502, Apr. 5, 2000, 114 Stat. 132.)
Historical and Revision Notes
Revised
Section
44716(a)

49 App.:1421(f)(1).

44716(b)
44716(c)
44716(d)
44716(e)

49 App.:1421(f)(2), (4).
49 App.:1421(f)(3).
49 App.:1421(f)(5).
49 App.:1421 (note).

44716(f)

49 App.:1421(f)(6).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§601(f); added Dec. 30, 1987, Pub. L.
100–223, §203(b), 101 Stat. 1518; Dec.
15, 1989, Pub. L. 101–236, §2, 103 Stat.
2060.

Dec. 30, 1987, Pub. L. 100–223, §203(d),
101 Stat. 1519.

In subsection (c), the words "In conducting the program" are omitted as surplus.
In subsection (e)(1), the word "research" is omitted as included in "developing".
In subsection (e)(2), the words "established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)" are added for
consistency in the revised title.
In subsection (f), the words "Not later than 6 months after December 30, 1987, the Administrator shall promulgate a final rule" and "Such
final rule" are omitted as executed.
Editorial Notes

Amendments
2000—Subsec. (g). Pub. L. 106–181 added subsec. (g).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

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

Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in subsec. (a)(3) of this section, see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 8th item on page 138 of House Document No. 103–7.

§44717. Aging aircraft
(a) Inspections and Reviews.—The Administrator of the Federal Aviation Administration shall prescribe regulations that ensure the continuing airworthiness
of aging aircraft. The regulations prescribed under subsection (a) of this section—
(1) at least shall require the Administrator to make inspections, and review the maintenance and other records, of each aircraft an air carrier uses to provide
air transportation that the Administrator decides may be necessary to enable the Administrator to decide whether the aircraft is in safe condition and
maintained properly for operation in air transportation;
(2) at least shall require an air carrier to demonstrate to the Administrator, as part of the inspection, that maintenance of the aircraft's age-sensitive parts and
components has been adequate and timely enough to ensure the highest degree of safety;
(3) shall require the air carrier to make available to the Administrator the aircraft and any records about the aircraft that the Administrator requires to carry
out a review; and
(4) shall establish procedures to be followed in carrying out an inspection.
(b) When and How Inspections and Reviews Shall Be Carried Out.—(1) Inspections and reviews required under subsection (a)(1) of this section shall be
carried out as part of each heavy maintenance check of the aircraft conducted after the 14th year in which the aircraft has been in service.
(2) Inspections under subsection (a)(1) of this section shall be carried out as provided under section 44701(a)(2)(B) and (C) of this title.
(c) Aircraft Maintenance Safety Programs.—The Administrator shall establish—
(1) a program to verify that air carriers are maintaining their aircraft according to maintenance programs approved by the Administrator;
(2) a program—
(A) to provide inspectors and engineers of the Administration with training necessary to conduct auditing inspections of aircraft operated by air carriers for
corrosion and metal fatigue; and
(B) to enhance participation of those inspectors and engineers in those inspections; and
(3) a program to ensure that air carriers demonstrate to the Administrator their commitment and technical competence to ensure the airworthiness of aircraft
that the carriers operate.
(d) Foreign Air Transportation.—(1) The Administrator shall take all possible steps to encourage governments of foreign countries and relevant
international organizations to develop standards and requirements for inspections and reviews that—
(A) will ensure the continuing airworthiness of aging aircraft used by foreign air carriers to provide foreign air transportation to and from the United States;
and
(B) will provide passengers of those foreign air carriers with the same level of safety that will be provided passengers of air carriers by carrying out this
section.
(2) Not later than September 30, 1994, the Administrator shall report to Congress on carrying out this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1199.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44717(a)

49 App.:1421 (note).

44717(b)

49 App.:1421 (note).

44717(c)

49 App.:1421 (note).

44717(d)

49 App.:1421 (note).

Oct. 28, 1991, Pub. L. 102–143, §§402(a),
(b)(1), (c)–(e), 405, 105 Stat. 951, 952.
Oct. 28, 1991, Pub. L. 102–143, §402(b)(2),
(3), 105 Stat. 951.
Oct. 28, 1991, Pub. L. 102–143, §403, 105
Stat. 952.
Oct. 28, 1991, Pub. L. 102–143, §404, 105
Stat. 952.

In subsections (a) and (c), before clause (1), the words "Not later than 180 days after the date of the enactment of this title" are omitted as
obsolete.
In subsection (a), before clause (1), the text of section 405 of the Department of Transportation and Related Agencies Appropriations Act,
1992 (Public Law 102–143, 105 Stat. 952) is omitted as surplus because the complete name of the Administrator of the Federal Aviation
Administration is used the first time the term appears in a section. The word "regulations" is substituted for "rule" because the terms are
synonymous. In clauses (2)–(4), the words "required by the rule" are omitted as surplus. In clause (2), the words "structure, skin, and other"
are omitted as surplus. In clause (3), the words "inspection, maintenance, and other" are omitted as surplus.
In subsection (c)(1), the word "Administrator" is substituted for "Federal Aviation Administration" for consistency in the revised title.
In subsection (d)(1), before clause (A), the words "governments of foreign countries" are substituted for "foreign governments" for
consistency in the revised title and with other titles of the United States Code.

§44718. Structures interfering with air commerce or national security
(a) Notice.—By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate public notice, in the form and
way the Secretary prescribes, of the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion,
of a structure or sanitary landfill when the notice will promote—
(1) safety in air commerce;
(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports; or
(3) the interests of national security, as determined by the Secretary of Defense.
(b) Studies.—
(1) In general.—Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an
obstruction of the navigable airspace, an interference with air or space navigation facilities and equipment or the navigable airspace, or, after consultation with
the Secretary of Defense, an adverse impact on military operations and readiness, the Secretary of Transportation shall conduct an aeronautical study to
decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall—
(A) consider factors relevant to the efficient and effective use of the navigable airspace, including—
(i) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;
(ii) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;
(iii) the impact on existing public-use airports and aeronautical facilities;
(iv) the impact on planned public-use airports and aeronautical facilities;
(v) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or
proposed structures;
(vi) the impact on launch and reentry for launch and reentry vehicles arriving or departing from a launch site or reentry site licensed by the Secretary of
Transportation; and
(vii) other factors relevant to the efficient and effective use of navigable airspace; and
(B) include the finding made by the Secretary of Defense under subsection (f).

(2) Report.—On completing the study, the Secretary of Transportation shall issue a report disclosing the extent of the—
(A) adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure;
and
(B) unacceptable risk to the national security of the United States, as determined by the Secretary of Defense under subsection (f).
(3) Severability.—A determination by the Secretary of Transportation on hazard to air navigation under this section shall remain independent of a
determination of unacceptable risk to the national security of the United States by the Secretary of Defense under subsection (f).
(c) Broadcast Applications and Tower Studies.—In carrying out laws related to a broadcast application and conducting an aeronautical study related to
broadcast towers, the Administrator of the Federal Aviation Administration and the Federal Communications Commission shall take action necessary to
coordinate efficiently—
(1) the receipt and consideration of, and action on, the application; and
(2) the completion of any associated aeronautical study.
(d) Limitation on Construction of Landfills.—
(1) In general.—No person shall construct or establish a municipal solid waste landfill (as defined in section 258.2 of title 40, Code of Federal Regulations,
as in effect on the date of the enactment of this subsection) that receives putrescible waste (as defined in section 257.3–8 of such title) within 6 miles of a
public airport that has received grants under chapter 471 and is primarily served by general aviation aircraft and regularly scheduled flights of aircraft designed
for 60 passengers or less unless the State aviation agency of the State in which the airport is located requests that the Administrator of the Federal Aviation
Administration exempt the landfill from the application of this subsection and the Administrator determines that such exemption would have no adverse impact
on aviation safety.
(2) Limitation on applicability.—Paragraph (1) shall not apply in the State of Alaska and shall not apply to the construction, establishment, expansion, or
modification of, or to any other activity undertaken with respect to, a municipal solid waste landfill if the construction or establishment of the landfill was
commenced on or before the date of the enactment of this subsection.
(e) Review of Aeronautical Studies.—The Administrator of the Federal Aviation Administration shall develop procedures to allow the Department of
Defense and the Department of Homeland Security to review and comment on an aeronautical study conducted pursuant to subsection (b) prior to the
completion of the study.
(f) National Security Finding.—As part of an aeronautical study conducted under subsection (b) and in accordance with section 183a(e) of title 10, the
Secretary of Defense shall—
(1) make a finding on whether the construction, alteration, establishment, or expansion of a structure or sanitary landfill included in the study would result in
an unacceptable risk to the national security of the United States; and
(2) transmit the finding to the Secretary of Transportation for inclusion in the report required under subsection (b)(2).
(g) Special Rule for Identified Geographic Areas.—In the case of a proposed structure to be located within a geographic area identified under section
183a(d)(2)(B) of title 10, the Secretary of Transportation may not issue a determination pursuant to this section until the Secretary of Defense issues a finding
under section 183a(e) of title 10, the Secretary of Defense advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be
forthcoming, or 180 days have lapsed since the project was filed with the Secretary of Transportation pursuant to this section, whichever occurs first.
(h) Definitions.—In this section, the following definitions apply:
(1) Adverse impact on military operations and readiness.—The term "adverse impact on military operations and readiness" has the meaning given the
term in section 183a(h)(1) of title 10.
(2) Unacceptable risk to the national security of the united states.—The term "unacceptable risk to the national security of the United States" has
the meaning given the term in section 183a(h)(7) 1 of title 10.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1200; Pub. L. 104–264, title XII, §1220(a), Oct. 9, 1996, 110 Stat. 3286; Pub. L. 106–181, title V, §503(b), Apr. 5,
2000, 114 Stat. 133; Pub. L. 112–81, div. A, title III, §332, Dec. 31, 2011, 125 Stat. 1369; Pub. L. 114–248, §1(a), Nov. 28, 2016, 130 Stat. 998; Pub. L. 114–328,

div. A, title III, §341(a)(1)–(4)(A), Dec. 23, 2016, 130 Stat. 2079–2081; Pub. L. 115–91, div. A, title III, §311(b)(2), (3), (e), Dec. 12, 2017, 131 Stat. 1347, 1348;
Pub. L. 115–232, div. A, title X, §1081(e)(2), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 115–254, div. B, title V, §539(h), Oct. 5, 2018, 132 Stat. 3371.)
Historical and Revision Notes
Revised
Section
44718(a)

49 App.:1501(a).

44718(b)
44718(c)

49 App.:1501(b).
49 App.:1501(c).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1101, 72
Stat. 797; restated Dec. 30, 1987, Pub. L.
100–223, §206 (less (b)), 101 Stat. 1521;
Oct. 31, 1992, Pub. L. 102–581, §203(a),
106 Stat. 4890.

In subsection (a), before clause (1), the words "(hereinafter in this section referred to as the 'Secretary')" and "where necessary" are omitted
as surplus.
In subsection (b)(1), before clause (A), the word "thoroughly" is omitted as surplus.
Editorial Notes

References in Text
The date of the enactment of this subsection, referred to in subsec. (d), probably means the date of enactment of Pub. L. 106–181, which
amended subsec. (d) generally, and which was approved Apr. 5, 2000.
Section 183a(h)(7) of title 10, referred to in subsec. (h)(2), was redesignated as section 183a(h)(9) of title 10 by Pub. L. 116–92, div. A, title III,
§371(5)(A), Dec. 20, 2019, 133 Stat. 1329.

Amendments
2018—Subsec. (b)(1). Pub. L. 115–254, §539(h)(1), substituted "air or space navigation facilities and equipment" for "air navigation facilities
and equipment" in introductory provisions.
Subsec. (b)(1)(A)(vi), (vii). Pub. L. 115–254, §539(h)(2), added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (h)(1). Pub. L. 115–232, §1081(e)(2)(A), substituted "section 183a(h)(1) of title 10" for "section 183a(g) of title 10".
Subsec. (h)(2). Pub. L. 115–232, §1081(e)(2)(B), substituted "section 183a(h)(7) of title 10" for "section 183a(g) of title 10".
2017—Subsec. (f). Pub. L. 115–91, §311(b)(2), inserted "and in accordance with section 183a(e) of title 10" after "conducted under subsection
(b)" in introductory provisions.
Subsec. (g). Pub. L. 115–91, §311(e)(2), added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 115–91, §311(b)(3), substituted "183a(g) of title 10" for "211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014"
in pars. (1) and (2).
Subsec. (h). Pub. L. 115–91, §311(e)(1), redesignated subsec. (g) as (h).
2016—Pub. L. 114–328, §341(a)(4)(A), inserted "or national security" after "air commerce" in section catchline.
Subsec. (a)(3). Pub. L. 114–328, §341(a)(1), added par. (3).
Subsec. (b). Pub. L. 114–328, §341(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to studies by Secretary to
determine obstruction of airspace by newly contructed or altered structures.
Subsec. (b)(1). Pub. L. 114–248, §1(a)(1), substituted "air or space navigation facilities and equipment" for "air navigation facilities and
equipment" in introductory provisions.
Subsec. (b)(1)(F). Pub. L. 114–248, §1(a)(2)–(4), added subpar. (F).

Subsecs. (f), (g). Pub. L. 114–328, §341(a)(3), added subsecs. (f) and (g).
2011—Subsec. (e). Pub. L. 112–81 added subsec. (e).
2000—Subsec. (d). Pub. L. 106–181 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "For the
purposes of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a
commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of
the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of the enactment of this subsection that 1
of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or
the airport operator agrees to the construction or establishment of the landfill."
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Rulemaking
Pub. L. 114–248, §1(b), Nov. 28, 2016, 130 Stat. 998, provided that: "Not later than 18 months after the date of enactment of this Act [Nov. 28,
2016], the Administrator of the Federal Aviation Administration shall initiate a rulemaking to implement the amendments made by subsection
(a) [amending this section]."

Tower Marking
Pub. L. 114–190, title II, §2110, July 15, 2016, 130 Stat. 623, as amended by Pub. L. 115–254, div. B, title V, §576, Oct. 5, 2018, 132 Stat. 3391,
provided that:
"(a) Application.—
"(1) In general.—Except as provided by paragraph (2), not later than 18 months after the date of enactment of the FAA Reauthorization
Act of 2018 [Oct. 5, 2018] or the date of availability of the database developed by the Administrator pursuant to subsection (c), whichever is
later, all covered towers shall be either—
"(A) clearly marked consistent with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460IL); or
"(B) included in the database described in subsection (c).
"(2) Meteorological evaluation tower.—A covered tower that is a meteorological evaluation tower shall be subject to the requirements
of subparagraphs (A) and (B) of paragraph (1).
"(b) Definitions.—
"(1) In general.—In this section, the following definitions apply:
"(A) Covered tower.—
"(i) In general.—The term 'covered tower' means a structure that—
     "(I) is a meteorological evaluation tower, a self-standing tower, or [a] tower supported by guy wires and ground anchors;
     "(II) is 10 feet or less in diameter at the above-ground base, excluding concrete footing;
     "(III) at the highest point of the structure is at least 50 feet above ground level;

     "(IV) at the highest point of the structure is not more than 200 feet above ground level;
     "(V) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted; and
     "(VI) is located on land that is—
"(aa) in a rural area; and
"(bb) used for agricultural purposes or immediately adjacent to such land.
"(ii) Exclusions.—The term 'covered tower' does not include any structure that—
     "(I) is adjacent to a house, barn, electric utility station, or other building;
     "(II) is within the curtilage of a farmstead or adjacent to another building or visible structure;
     "(III) supports electric utility transmission or distribution lines;
     "(IV) is a wind-powered electrical generator with a rotor blade radius that exceeds 6 feet;
     "(V) is a street light erected or maintained by a Federal, State, local, or tribal entity;
     "(VI) is designed and constructed to resemble a tree or visible structure other than a tower;
     "(VII) is an advertising billboard;
     "(VIII) is located within the right-of-way of a rail carrier, including within the boundaries of a rail yard, and is used for a railroad purpose;
     "(IX)(aa) is registered with the Federal Communications Commission under the Antenna Structure Registration program set forth under part
17 of title 47, Code of Federal Regulations; and
     "(bb) is determined by the Administrator to pose no hazard to air navigation; or
     "(X) has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise
approved by the Administrator.
"(B) Rural area.—The term 'rural area' has the meaning given the term in section 609(a)(5) of the Public Utility Regulatory Policies
Act of 1978 (7 U.S.C. 918c(a)(5)).
"(C) Agricultural purposes.—The term 'agricultural purposes' means farming in all its branches and the cultivation and tillage of
the soil, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities performed by a farmer or on a
farm, or on pasture land or rangeland.
"(2) Other definitions.—The Administrator shall define such other terms as may be necessary to carry out this section.
"(c) Database.—The Administrator shall—
"(1) develop a new database, or if appropriate use an existing database that meets the requirements under this section, that contains
the location and height of each covered tower that, pursuant to subsection (a), the owner or operator of such tower elects not to mark
(unless the Administrator has determined that there is a significant safety risk requiring that the tower be marked), except that
meteorological evaluation towers shall be marked and contained in the database;
"(2) keep the database current to the extent practicable;
"(3) ensure that any proprietary information in the database is protected from disclosure in accordance with law;
"(4) ensure that, by virtue of accessing the database, users agree and acknowledge that information in the database—
"(A) may only be used for aviation safety purposes; and
"(B) may not be disclosed for purposes other than aviation safety, regardless of whether or not the information is marked or labeled
as proprietary or with a similar designation;
"(5) ensure that the tower information in the database is de-identified and that the information only includes the location and height of
covered towers and whether the tower has guy wires;
"(6) ensure that information in the dataset is encrypted at rest and in transit and is protected from unauthorized access and acquisition;
"(7) ensure that towers excluded from the definition of covered tower under subsection (d)(1)(B)(ii)(VIII) must be registered by its owner
in the database;
"(8) ensure that a tower to be included in the database pursuant to subsection (c)(1) and constructed after the date on which the
database is fully operational is submitted by its owner to the FAA for inclusion in the database before its construction;
"(9) ensure that pilots who intend to conduct low-altitude operations in locations described in subsection (b)(1)(A)(i)(VI) consult the
relevant parts of the database before conducting such operations; and

"(10) make the database available for use not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [Oct.
5, 2018].
"(d) Exclusion and Waiver Authorities.—As part of a rulemaking conducted pursuant to this section, the Administrator—
"(1) may exclude a class, category, or type of tower that is determined by the Administrator, after public notice and comment, to not
pose a hazard to aviation safety;
"(2) shall establish a process to waive specific covered towers from the marking requirements under this section as required under the
rulemaking if the Administrator later determines such tower or towers do not pose a hazard to aviation safety;
"(3) shall consider, in establishing exclusions and granting waivers under this subsection, factors that may sufficiently mitigate risks to
aviation safety, such as the length of time the tower has been in existence or alternative marking methods or technologies that maintains a
tower's level of conspicuousness to a degree which adequately maintains the safety of the airspace; and
"(4) shall consider excluding towers located in a State that has enacted tower marking requirements according to the Federal Aviation
Administration's recommended guidance for the voluntary marking of meteorological evaluation towers erected in remote and rural areas
that are less than 200 feet above ground level to enhance the conspicuity of the towers for low level agricultural operations in the vicinity of
those towers.
"(e) Periodic Review.—The Administrator shall, in consultation with the Federal Communications Commission, periodically review any
regulations or guidance regarding the marking of covered towers issued pursuant to this section and update them as necessary, consistent
with this section, and in the interest of safety of low-altitude aircraft operations.
"(f) FCC Regulations.—The Federal Communications Commission shall amend section 17.7 of title 47, Code of Federal Regulations, to
require a notification to the Federal Aviation Administration for any construction or alteration of an antenna structure, as defined in section
17.2(a) of title 47, Code of Federal Regulations, that is a covered tower as defined by this section."

Study of Effects of New Construction of Obstructions on Military Installations and Operations
Pub. L. 111–383, div. A, title III, §358, Jan. 7, 2011, 124 Stat. 4198, as amended by Pub. L. 112–81, div. A, title III, §331, Dec. 31, 2011, 125 Stat.
1369; Pub. L. 112–239, div. A, title X, §1076(b)(1), Jan. 2, 2013, 126 Stat. 1949; Pub. L. 114–92, div. A, title III, §314, Nov. 25, 2015, 129 Stat. 790,
related to study of effects of new construction of obstructions on military installations and operations, prior to repeal by Pub. L. 115–91, div. A,
title III, §311(b)(1), Dec. 12, 2017, 131 Stat. 1347. See section 183a of Title 10, Armed Forces.

Landfills Interfering With Air Commerce
Pub. L. 106–181, title V, §503(a), Apr. 5, 2000, 114 Stat. 133, provided that: "Congress finds that—

"(1) collisions between aircraft and birds have resulted in fatal accidents;
"(2) bird strikes pose a special danger to smaller aircraft;
"(3) landfills near airports pose a potential hazard to aircraft operating there because they attract birds;
"(4) even if the landfill is not located in the approach path of the airport's runway, it still poses a hazard because of the birds' ability to fly
away from the landfill and into the path of oncoming planes;
"(5) while certain mileage limits have the potential to be arbitrary, keeping landfills at least 6 miles away from an airport, especially an
airport served by small planes, is an appropriate minimum requirement for aviation safety; and
"(6) closure of existing landfills (due to concerns about aviation safety) should be avoided because of the likely disruption to those who
use and depend on such landfills."
1 See References in Text note below.

§44719. Standards for navigational aids
The Secretary of Transportation shall prescribe regulations on standards for installing navigational aids, including airport control towers. For each type of
facility, the regulations shall consider at a minimum traffic density (number of aircraft operations without consideration of aircraft size), terrain and other obstacles

to navigation, weather characteristics, passengers served, and potential aircraft operating efficiencies.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1201.)
Historical and Revision Notes
Revised
Section
44719

Source (U.S. Code)
49 App.:1348 (note).

Source (Statutes at Large)
Dec. 30, 1987, Pub. L. 100–223, §308, 101
Stat. 1526.

The words "Not later than December 31, 1988" are omitted as obsolete.

§44720. Meteorological services
(a) Recommendations.—The Administrator of the Federal Aviation Administration shall make recommendations to the Secretary of Commerce on providing
meteorological services necessary for the safe and efficient movement of aircraft in air commerce. In providing the services, the Secretary shall cooperate with
the Administrator and give complete consideration to those recommendations.
(b) Promoting Safety and Efficiency.—To promote safety and efficiency in air navigation to the highest possible degree, the Secretary shall—
(1) observe, measure, investigate, and study atmospheric phenomena, and maintain meteorological stations and offices, that are necessary or best suited
for finding out in advance information about probable weather conditions;
(2) provide reports to the Administrator 1 to persons engaged in civil aeronautics that are designated by the Administrator and to other persons designated
by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation;
(3) cooperate with persons engaged in air commerce in meteorological services, maintain reciprocal arrangements with those persons in carrying out this
clause, and collect and distribute weather reports available from aircraft in flight;
(4) maintain and coordinate international exchanges of meteorological information required for the safety and efficiency of air navigation;
(5) in cooperation with other departments, agencies, and instrumentalities of the United States Government, meteorological services of foreign countries,
and persons engaged in air commerce, participate in developing an international basic meteorological reporting network, including the establishment,
operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries;
(6) coordinate meteorological requirements in the United States to maintain standard observations, to promote efficient use of facilities, and to avoid
duplication of services unless the duplication tends to promote the safety and efficiency of air navigation; and
(7) promote and develop meteorological science and foster and support research projects in meteorology through the use of private and governmental
research facilities and provide for publishing the results of the projects unless publication would not be in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1201.)
Historical and Revision Notes
Revised
Section
44720(a)

49 App.:1351.

49 App.:1655(c)(1).

44720(b)

49 App.:1463.
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§310, 803,
72 Stat. 751, 783.
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.

In subsection (b), the title "Secretary" [of Commerce] is substituted for "Chief of the Weather Bureau" in section 803 of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 783) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).

Before clause (1), the words "In order" and "in addition to any other functions or duties pertaining to weather information for other purposes"
are omitted as surplus. In clause (2), the words "forecasts, warnings, and advices" are omitted as being included in "reports". In clause (3), the
words "or employees thereof" and "establish and" are omitted as surplus. The words "with those persons" are added for clarity. In clause (5),
the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "governmental agencies of the
United States" for consistency in the revised title and with other titles of the United States Code.
Statutory Notes and Related Subsidiaries

Improved Safety in Rural Areas
Pub. L. 115–254, div. B, title III, §322, Oct. 5, 2018, 132 Stat. 3270, provided that: "The Administrator [of the Federal Aviation Administration]
shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, to operate to a destination with a published
approach, in a noncontiguous State under instrument flight rules and conduct an instrument approach without a destination Meteorological
Aerodrome Report (METAR) if a current Area Forecast, supplemented by noncertified local weather observations (such as weather cameras
and human observations) is available, and an alternate airport that has a weather report is specified. The operator shall have approved
procedures for departure and en route weather evaluation."

Terminal Aerodrome Forecast
Pub. L. 115–254, div. B, title V, §516, Oct. 5, 2018, 132 Stat. 3358, provided that:
"(a) In General.—The Administrator [of the Federal Aviation Administration] shall permit a covered air carrier to operate to or from a location

in a noncontiguous State without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report if—
"(1) such location is determined to be under visual meteorological conditions;
"(2) a current Area Forecast, supplemented by other local weather observations or reports, is available; and
"(3) an alternate airport that has an available Terminal Aerodrome Forecast and weather report is specified.
"(b) Procedures.—A covered air carrier shall—
"(1) have approved procedures for dispatch or release and enroute weather evaluation; and
"(2) operate under instrument flight rules enroute to the destination.
"(c) Limitation.—Without a written finding of necessity, based on objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification, policy, or guidance document pursuant to this section that is more restrictive
than, or requires procedures that are not expressly stated in, the regulations.
"(d) Covered Air Carrier Defined.—In this section, the term 'covered air carrier' means an air carrier operating in a noncontiguous State
under part 121 of title 14, Code of Federal Regulations."

Automated Weather Observing Systems Policy
Pub. L. 115–254, div. B, title V, §553, Oct. 5, 2018, 132 Stat. 3379, provided that:
"(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration] shall—
"(1) update automated weather observing systems standards to maximize the use of new technologies that promote the reduction of
equipment or maintenance cost for non-Federal automated weather observing systems, including the use of remote monitoring and
maintenance, unless demonstrated to be ineffective;
"(2) review, and if necessary update, existing policies in accordance with the standards developed under paragraph (1); and
"(3) establish a process under which appropriate onsite airport personnel or an aviation official may, with appropriate manufacturer
training or alternative training as determined by the Administrator, be permitted to conduct the minimum triannual preventative maintenance
checks under the advisory circular for non-Federal automated weather observing systems (AC 150/5220–16E) and any other similar,
successor checks.

"(b) Permission.—Permission to conduct the minimum triannual preventative maintenance checks described under subsection (a)(3) and
any similar, successor checks shall not be withheld but for specific cause.
"(c) Standards.—In updating the standards under subsection (a)(1), the Administrator shall—
"(1) ensure the standards are performance-based;
"(2) use risk analysis to determine the accuracy of the automated weather observing systems outputs required for pilots to perform safe
aircraft operations; and
"(3) provide a cost-benefit analysis to determine whether the benefits outweigh the cost for any requirement not directly related to
safety.
"(d) AIP Eligibility of AWOS Equipment.—
"(1) In general.—Notwithstanding any other law, the Administrator is authorized to and shall waive any positive benefit-cost ratio
requirement for automated weather-observing system equipment under subchapter I of chapter 471, of title 49, United States Code, if—
"(A) the airport sponsor or State, as applicable, certifies that a grant for such automated weather observing systems equipment
under that chapter will assist an applicable airport to respond to regional emergency needs, including medical, firefighting, and search and
rescue needs;
"(B) the Secretary determines, after consultation with the airport sponsor or State, as applicable, that the placement of automated
weather-observing equipment at the airport will not cause unacceptable radio frequency congestion; and
"(C) the other requirements under that chapter are met.
"(2) Applicability to low population density states.—This subsection is applicable only to airports located in states with a population
density, based on the most recent decennial census, of 50 or fewer persons per square mile.
"(e) Report.—Not later than September 30, 2025, 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 implementation of the requirements under this section."

Automated Surface Observation System Stations
Pub. L. 106–181, title VII, §728, Apr. 5, 2000, 114 Stat. 168, provided that: "The Administrator [of the Federal Aviation Administration] shall not
terminate human weather observers for Automated Surface Observation System stations until—
"(1) the Administrator determines that the system provides consistent reporting of changing meteorological conditions and notifies
Congress in writing of that determination; and
"(2) 60 days have passed since the report was transmitted to Congress."
1 So in original. Probably should be followed by a comma.

§44721. Aeronautical charts and related products and services
(a) Publication.—
(1) In general.—The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for
the safe and efficient movement of aircraft in air navigation, using the facilities and assistance of departments, agencies, and instrumentalities of the United
States Government as far as practicable.
(2) Navigation routes.—In carrying out paragraph (1), the Administrator shall update and arrange for the publication of clearly defined routes for
navigating through a complex terminal airspace area and to and from an airport located in such an area, if the Administrator decides that publication of the
routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of affected airports and shall be for the
optional use of pilots operating under visual flight rules.
(b) Indemnification.—The Government shall make an agreement to indemnify any person that publishes a map or chart for use in aeronautics from any part
of a claim arising out of the depiction by the person on the map or chart of a defective or deficient flight procedure or airway if the flight procedure or airway was

—
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart; and
(3) not obviously defective or deficient.
(c) Authority of Office of Aeronautical Charting and Cartography.—Effective October 1, 2000, the Administrator is vested with and shall exercise
the functions, powers, and duties of the Secretary of Commerce and other officers of the Department of Commerce that relate to the Office of Aeronautical
Charting and Cartography to provide aeronautical charts and related products and services for the safe and efficient navigation of air commerce, under the
following authorities:
(1) Sections 1 through 9 of the Act entitled "An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes", approved
August 6, 1947,1 (33 U.S.C. 883a–883h).
(2) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j).
(d) Authority.—In order that full public benefit may be derived from the dissemination of data resulting from activities under this section and of related data
from other sources, the Administrator may—
(1) develop, process, disseminate and publish digital and analog data, information, compilations, and reports;
(2) compile, print, and disseminate aeronautical charts and related products and services of the United States and its territories and possessions;
(3) compile, print, and disseminate aeronautical charts and related products and services covering international airspace as are required primarily by United
States civil aviation; and
(4) compile, print, and disseminate nonaeronautical navigational, transportation or public-safety-related products and services when in the best interests of
the Government.
(e) Contracts, Cooperative Agreements, Grants, and Other Agreements.—
(1) Contracts.—The Administrator is authorized to contract with qualified organizations for the performance of any part of the authorized functions of the
Office of Aeronautical Charting and Cartography when the Administrator deems such procedure to be in the public interest and will not compromise public
safety.
(2) Cooperative agreements, grants, and other agreements.—The Administrator is authorized to enter into cooperative agreements, grants,
reimbursable agreements, memoranda of understanding and other agreements, with a State, subdivision of a State, Federal agency, public or private
organization, or individual, to carry out the purposes of this section.
(f) Special Services and Products.—
(1) In general.—The Administrator is authorized, at the request of a State, subdivision of a State, Federal agency, public or private organization, or
individual, to conduct special services, including making special studies, or developing special publications or products on matters relating to navigation,
transportation, or public safety.
(2) Fees.—The Administrator shall assess a fee for any special service provided under paragraph (1). A fee shall be not more than the actual or estimated
full cost of the service. A fee may be reduced or waived for research organizations, educational organizations, or non-profit organizations, when the
Administrator determines that reduction or waiver of the fee is in the best interest of the Government by furthering public safety.
(g) Sale and Dissemination of Aeronautical Products.—
(1) In general.—Aeronautical products created or maintained under the authority of this section shall be sold at prices established annually by the
Administrator consistent with the following:
(A) Maximum price.—Subject to subparagraph (B), the price of an aeronautical product sold to the public shall be not more than necessary to recover all
costs attributable to: (i) data base management and processing; (ii) compilation; (iii) printing or other types of reproduction; and (iv) dissemination of the
product.
(B) Adjustment of price.—The Administrator shall adjust the price of an aeronautical product and service sold to the public as necessary to avoid any
adverse impact on aviation safety attributable to the price specified under this paragraph.
(C) Costs attributable to acquisition of aeronautical data.—A price established under this paragraph may not include costs attributable to the
acquisition of aeronautical data.

(D) Continuation of prices.—The price of any product created under subsection (d) may correspond to the price of a comparable product produced by
a department of the United States Government as that price was in effect on September 30, 2000, and may remain in effect until modified by regulation
under section 9701 of title 31, United States Code.
(2) Publication of prices.—The Administrator shall publish annually the prices at which aeronautical products are sold to the public.
(3) Distribution.—The Administrator may distribute aeronautical products and provide aeronautical services—
(A) without charge to each foreign government or international organization with which the Administrator or a Federal department or agency has an
agreement for exchange of these products or services without cost;
(B) at prices the Administrator establishes, to the departments and officers of the United States requiring them for official use; and
(C) at reduced or no charge where, in the judgment of the Administrator, furnishing the aeronautical product or service to a recipient is a reasonable
exchange for voluntary contribution of information by the recipient to the activities under this section.
(4) Fees.—The fees provided for in this subsection are for the purpose of reimbursing the Government for the costs of creating, printing and disseminating
aeronautical products and services under this section. The collection of fees authorized by this section does not alter or expand any duty or liability of the
Government under existing law for the performance of functions for which fees are collected, nor does the collection of fees constitute an express or implied
undertaking by the Government to perform any activity in a certain manner.
(5) Crediting amounts received.—Notwithstanding any other provision of law, amounts received for the sale of products created and services performed
under this section shall be fully credited to the account of the Federal Aviation Administration that funded the provision of the products or services and shall
remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202; Pub. L. 106–181, title VI, §603(a), Apr. 5, 2000, 114 Stat. 150; Pub. L. 106–424, §17(a), Nov. 1, 2000, 114
Stat. 1888.)
Historical and Revision Notes
Revised
Section
44721(a)(1)

44721(a)(2)

44721(b)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1348(b) (1st sentence cl.
(3)).
49 App.:1655(c)(1).

Aug. 23, 1958, Pub. L. 85–726, §307(b) (1st
sentence cl. (3)), 72 Stat. 750.
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.
49 App.:1348(b) (3d, last sentences). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 749,
§307(b) (3d, last sentences); added Oct.
31, 1992, Pub. L. 102–581, §125, 106 Stat.
4885.
49 App.:1519.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1118; added Dec. 19, 1985, Pub. L. 99–
190, §328(a), 99 Stat. 1289.

In subsection (a)(1), the word "Administrator" in section 307(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained
on authority of 49:106(g). The words "within the limits of available appropriations made by the Congress" are omitted as surplus. The words
"departments, agencies, and instrumentalities of the United States Government" are substituted for "existing agencies of the Government" for
consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words "Notwithstanding the provisions of section 1341 of title 31 or any other provision of law" are
omitted as surplus.
Editorial Notes

References in Text
Sections 1 through 9 of the Act entitled "An Act to define the functions and duties of the Coast and Geodetic Survey, and for other
purposes", approved August 6, 1947, referred to in subsec. (c)(1), are classified to sections 883a to 883i of Title 33, Navigation and Navigable
Waters. Section 883g of Title 33 was repealed by Pub. L. 88–611, §4(a)(2), Oct. 2, 1964, 78 Stat. 991.

Amendments
2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a) Publication.—(1) The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and

charts necessary for the safe and efficient movement of aircraft in air navigation, using the facilities and assistance of departments, agencies,
and instrumentalities of the United States Government as far as practicable.
"(2) In carrying out paragraph (1) of this subsection, the Administrator shall update and arrange for the publication of clearly defined routes
for navigating through a complex terminal airspace area and to and from an airport located in such an area, if the Administrator decides that
publication of the routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of
affected airports and shall be for the optional use of pilots operating under visual flight rules.
"(b) Indemnification.—The Government shall make an agreement to indemnify any person that publishes a map or chart for use in
aeronautics from any part of a claim arising out of the depiction by the person on the map or chart of a defective or deficient flight procedure or
airway if the flight procedure or airway was—
"(1) prescribed by the Administrator;
"(2) depicted accurately on the map or chart; and
"(3) not obviously defective or deficient."
Subsec. (c)(3), (4). Pub. L. 106–424, §17(a)(1), struck out pars. (3) and (4) which read as follows:
"(3) Section 1307 of title 44, United States Code.
"(4) The provision of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act,
1995 under the heading 'National Oceanic and Atmospheric Administration' relating to aeronautical charts (44 U.S.C. 1307 note)."
Subsec. (g)(1)(D). Pub. L. 106–424, §17(a)(2), added subpar. (D).
Subsec. (g)(5). Pub. L. 106–424, §17(a)(3), added par. (5).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendments
Pub. L. 106–424, §17(b), Nov. 1, 2000, 114 Stat. 1889, provided that: "The amendments made by subsection (a) [amending this section] take

effect on October 1, 2000."
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.

Savings Provision
Pub. L. 106–181, title VI, §604, Apr. 5, 2000, 114 Stat. 152, provided that:
"(a) Continued Effectiveness of Directives.—All orders, determinations, rules, regulations, permits, contracts, certificates, licenses,

privileges, and financial assistance that—
"(1) have been issued, made, granted, or allowed to become effective by the President of the United States, the Secretary of
Commerce, the Administrator of the National Oceanic and Atmospheric Administration, any Federal agency or official thereof, or by a court
of competent jurisdiction, in the performance of functions which are transferred by this title [amending this section, sections 883b and 883e of
Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions set out as
notes under this section]; and

"(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the
President of the United States, the Administrator of the Federal Aviation Administration, a court of competent jurisdiction, or by operation of
law.
"(b) Continued Effectiveness of Pending Actions.—
"(1) In general.—The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or financial assistance pending on the date of transfer before the Department of Commerce or
the National Oceanic and Atmospheric Administration, or any officer of such Department or Administration, with respect to functions
transferred by this title, but such proceedings or applications, to the extent that they relate to functions transferred, shall be continued in
accord with transition guidelines promulgated by the Administrator of the Federal Aviation Administration under the authority of this section.
Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator of the
Federal Aviation Administration, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding
could have been discontinued or modified if this title had not been enacted.
"(2) Transition guidelines.—The Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration,
and the Administrator of the Federal Aviation Administration are authorized to issue transition guidelines providing for the orderly transfer of
proceedings and otherwise to accomplish the orderly transfer of functions, personnel and property under this title.
"(c) Continued Effectiveness of Judicial Actions.—No cause of action by or against the Department of Commerce or the National Oceanic
and Atmospheric Administration with respect to functions transferred by this title, or by or against any officer thereof in the official's capacity,
shall abate by reason of the enactment of this title. Causes of action and actions with respect to a function or office transferred by this title, or
other proceedings may be asserted by or against the United States or an official of the Federal Aviation Administration, as may be appropriate,
and, in an action pending when this title takes effect, the court may at any time, on its own motion or that of any party, enter an order that will
give effect to the provisions of this subsection.
"(d) Substitution or Addition of Parties to Judicial Actions.—If, on the date of transfer, the Department of Commerce or the National
Oceanic and Atmospheric Administration, or any officer of the Department or Administration in an official capacity, is a party to an action, and
under this title any function relating to the action of the Department, Administration, or officer is transferred to the Federal Aviation
Administration, then such action shall be continued with the Administrator of the Federal Aviation Administration substituted or added as a
party.
"(e) Continued Jurisdiction Over Actions Transferred.—Orders and actions of the Administrator of the Federal Aviation Administration in
the exercise of functions transferred by this title shall be subject to judicial review to the same extent and in the same manner as if such orders
and actions had been by the Department of Commerce or the National Oceanic and Atmospheric Administration, or any office or officer of
such Department or Administration, in the exercise of such functions immediately preceding their transfer.
"(f) Liabilities and Obligations.—The Administrator of the Federal Aviation Administration shall assume all liabilities and obligations (tangible
and incorporeal, present and executory) associated with the functions transferred under this title on the date of transfer, including leases,
permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to
such obligations, regardless whether judgment has been entered, damages awarded, or appeal taken."

Transfer of Functions
Pub. L. 106–181, title VI, §601, Apr. 5, 2000, 114 Stat. 149, provided that: "Effective October 1, 2000, there are transferred to the Federal
Aviation Administration and vested in the Administrator the functions, powers, and duties of the Secretary of Commerce and other officers of
the Department of Commerce that relate to the Office of Aeronautical Charting and Cartography and are set forth in section 44721 of title 49,
United States Code."

Transfer of Office, Personnel, and Funds
Pub. L. 106–181, title VI, §602, Apr. 5, 2000, 114 Stat. 149, provided that:

"(a) Transfer of Office.—Effective October 1, 2000, the Office of Aeronautical Charting and Cartography of the National Oceanic and
Atmospheric Administration, Department of Commerce, is transferred to the Federal Aviation Administration.
"(b) Other Transfers.—Effective October 1, 2000, the personnel employed in connection with, and the assets, liabilities, contracts, property,
equipment, facilities, records, and unexpended balance of appropriations, and other funds employed, held, used, arising from, available to, or
to be made available in connection with the function and offices, or portions of offices, transferred by this title [amending this section, sections
883b and 883e of Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions
set out as notes under this section], including all Senior Executive Service positions, subject to section 1531 of title 31, United States Code, are
transferred to the Administrator of the Federal Aviation Administration for appropriate allocation. Personnel employed in connection with
functions transferred by this title transfer under any applicable law and regulation relating to transfer of functions. Unexpended funds
transferred under this section shall be used only for the purposes for which the funds were originally authorized and appropriated, except that
funds may be used for expenses associated with the transfer authorized by this title."

Procurement of Private Enterprise Mapping, Charting, and Geographic Information Systems
Pub. L. 106–181, title VI, §607, Apr. 5, 2000, 114 Stat. 154, provided that: "The Administrator [of the Federal Aviation Administration] shall
consider procuring mapping, charting, and geographic information systems necessary to carry out the duties of the Administrator under title 49,
United States Code, from private enterprises, if the Administrator determines that such procurement furthers the mission of the Federal Aviation
Administration and is cost effective."
1 So in original. The comma probably should not appear.

§44722. Aircraft operations in winter conditions
The Administrator of the Federal Aviation Administration shall prescribe regulations requiring procedures to improve safety of aircraft operations during winter
conditions. In deciding on the procedures to be required, the Administrator shall consider at least aircraft and air traffic control modifications, the availability of
different types of deicing fluids (considering their efficacy and environmental limitations), the types of deicing equipment available, and the feasibility and
desirability of establishing timeframes within which deicing must occur under certain types of inclement weather.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)
Historical and Revision Notes
Revised
Section
44722

Source (U.S. Code)
49:1421 (note).

Source (Statutes at Large)
Oct. 31, 1992, Pub. L. 102–581, §124, 106
Stat. 4885.

The words "Before November 1, 1992" are omitted as obsolete. The words "prescribe regulations requiring" are substituted for "require, by
regulation", and the words "other factors the Administrator considers appropriate" are substituted for "among other things", for consistency in
the revised title.

§44723. Annual report
Not later than January 1 of each year, the Secretary of Transportation shall submit to Congress a comprehensive report on the safety enforcement activities of
the Federal Aviation Administration during the fiscal year ending the prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, maintenance, and avionics inspector categories to staffing goals and a statement on how
staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors;

(2) schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories
who are considered fully qualified;
(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the number of inspectors
by work force categories, who have received all mandatory training;
(4) a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and
how the annual work programs ensure compliance with appropriate regulations and safe operating practices;
(5) a comparison of actual inspections performed during the fiscal year to the annual work programs by field location and, for any field location completing
less than 80 percent of its planned number of inspections, an explanation of why annual work program plans were not met;
(6) a statement of the adequacy of Administration internal management controls available to ensure that field managers comply with Administration policies
and procedures, including those on inspector priorities, district office coordination, minimum inspection standards, and inspection followup;
(7) the status of efforts made by the Administration to update inspector guidance documents and regulations to include technological, management, and
structural changes taking place in the aviation industry, including a listing of the backlog of all proposed regulatory amendments;
(8) a list of the specific operational measures of effectiveness used to evaluate—
(A) the progress in meeting program objectives;
(B) the quality of program delivery; and
(C) the nature of emerging safety problems;
(9) a schedule showing the number of civil penalty cases closed during the 2 prior fiscal years, including the total initial and final penalties imposed, the total
number of dollars collected, the range of dollar amounts collected, the average case processing time, and the range of case processing time;
(10) a schedule showing the number of enforcement actions taken (except civil penalties) during the 2 prior fiscal years, including the total number of
violations cited, and the number of cited violation cases closed by certificate suspensions, certificate revocations, warnings, and no action taken; and
(11) schedules showing the safety record of the aviation industry during the fiscal year for air carriers and general aviation, including—
(A) the number of inspections performed when deficiencies were identified compared with inspections when no deficiencies were found;
(B) the frequency of safety deficiencies for each air carrier; and
(C) an analysis based on data of the general status of air carrier and general aviation compliance with aviation regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)
Historical and Revision Notes
Revised
Section
44723

Source (U.S. Code)
49:308 (note).

Source (Statutes at Large)
Dec. 22, 1987, Pub. L. 100–202, §317(a),
101 Stat. 1329–380.
Sept. 30, 1988, Pub. L. 100–457, §317(a),
102 Stat. 2148.

In clauses (4) and (7), the word "regulations" is substituted for "Federal regulations" for consistency in the revised title.
In clause (5), the words "by field location" are substituted for "disaggregated to the field locations" for clarity.
In clause (8), before subclause (A), the words " 'best proxies' standing between the ultimate goal of accident prevention and ongoing
program activities" are omitted as surplus.
In clause (9), the words "penalties imposed" are substituted for "assessments" for consistency in the revised title and with other titles of the
United States Code.
In clause (11)(C), the words "aviation regulations" are substituted for "Federal Aviation Regulations" for consistency in the revised title.
Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance. See, also, the 22nd item on page 132 and the 10th item on page 135 of House
Document No. 103–7.

§44724. Manipulation of flight controls
(a) Prohibition.—No pilot in command of an aircraft may allow an individual who does not hold—
(1) a valid private pilots certificate issued by the Administrator of the Federal Aviation Administration under part 61 of title 14, Code of Federal Regulations;
and
(2) the appropriate medical certificate issued by the Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows or should have known that the individual is attempting to set a record or engage in an aeronautical
competition or aeronautical feat, as defined by the Administrator.
(b) Revocation of Airmen Certificates.—The Administrator shall issue an order revoking a certificate issued to an airman under section 44703 of this title if
the Administrator finds that while acting as a pilot in command of an aircraft, the airman has permitted another individual to manipulate the controls of the aircraft
in violation of subsection (a).
(c) Pilot in Command Defined.—In this section, the term "pilot in command" has the meaning given such term by section 1.1 of title 14, Code of Federal
Regulations.
(Added Pub. L. 104–264, title VI, §602(a)(1), Oct. 9, 1996, 110 Stat. 3263.)
Statutory Notes and Related Subsidiaries

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

§44725. Life-limited aircraft parts
(a) In General.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require the safe disposition of life-limited
parts removed from an aircraft. The rulemaking proceeding shall ensure that the disposition deter installation on an aircraft of a life-limited part that has reached
or exceeded its life limits.
(b) Safe Disposition.—For the purposes of this section, safe disposition includes any of the following methods:
(1) The part may be segregated under circumstances that preclude its installation on an aircraft.
(2) The part may be permanently marked to indicate its used life status.
(3) The part may be destroyed in any manner calculated to prevent reinstallation in an aircraft.
(4) The part may be marked, if practicable, to include the recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles
or hours of usage, that information must be updated every time the part is removed from service or when the part is retired from service.
(5) Any other method approved by the Administrator.
(c) Deadlines.—In conducting the rulemaking proceeding under subsection (a), the Administrator shall—
(1) not later than 180 days after the date of the enactment of this section, issue a notice of proposed rulemaking; and
(2) not later than 180 days after the close of the comment period on the proposed rule, issue a final rule.

(d) Prior-Removed Life-Limited Parts.—No rule issued under subsection (a) shall require the marking of parts removed from aircraft before the effective
date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited part.
(Added Pub. L. 106–181, title V, §504(a), Apr. 5, 2000, 114 Stat. 134.)
Editorial Notes

References in Text
The date of the enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr.
5, 2000.
Statutory Notes and Related Subsidiaries

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

§44726. Denial and revocation of certificate for counterfeit parts violations
(a) Denial of Certificate.—
(1) In general.—Except as provided in paragraph (2) of this subsection and subsection (e)(2), the Administrator of the Federal Aviation Administration may
not issue a certificate under this chapter to any person—
(A) convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or
fraudulently-represented aviation part or material;
(B) whose certificate is revoked under subsection (b); or
(C) subject to a controlling or ownership interest of an individual described in subparagraph (A) or (B).
(2) Exception.—Notwithstanding paragraph (1), the Administrator may issue a certificate under this chapter to a person described in paragraph (1) if
issuance of the certificate will facilitate law enforcement efforts.
(b) Revocation of Certificate.—
(1) In general.—Except as provided in subsections (f) and (g), the Administrator shall issue an order revoking a certificate issued under this chapter if the
Administrator finds that the holder of the certificate or an individual who has a controlling or ownership interest in the holder—
(A) was convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or
fraudulently-represented aviation part or material; or
(B) knowingly, and with the intent to defraud, carried out or facilitated an activity punishable under a law described in paragraph (1)(A).
(2) No authority to review violation.—In carrying out paragraph (1), the Administrator may not review whether a person violated a law described in
paragraph (1)(A).
(c) Notice Requirement.—Before the Administrator revokes a certificate under subsection (b), the Administrator shall—
(1) advise the holder of the certificate of the reason for the revocation; and
(2) provide the holder of the certificate an opportunity to be heard on why the certificate should not be revoked.

(d) Appeal.—The provisions of section 44710(d) apply to the appeal of a revocation order under subsection (b). For the purpose of applying that section to the
appeal, "person" shall be substituted for "individual" each place it appears.
(e) Acquittal or Reversal.—
(1) In general.—The Administrator may not revoke, and the National Transportation Safety Board may not affirm a revocation of, a certificate under
subsection (b)(1)(B) if the holder of the certificate or the individual referred to in subsection (b)(1) is acquitted of all charges directly related to the violation.
(2) Reissuance.—The Administrator may reissue a certificate revoked under subsection (b) of this section to the former holder if—
(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and
(B)(i) the former holder or the individual referred to in subsection (b)(1), is acquitted of all charges related to the violation on which the revocation was
based; or
(ii) the conviction of the former holder or such individual of the violation on which the revocation was based is reversed.
(f) Waiver.—The Administrator may waive revocation of a certificate under subsection (b) if—
(1) a law enforcement official of the United States Government requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g) Amendment of Certificate.—If the holder of a certificate issued under this chapter is other than an individual and the Administrator finds that—
(1) an individual who had a controlling or ownership interest in the holder committed a violation of a law for the violation of which a certificate may be
revoked under this section or knowingly, and with intent to defraud, carried out or facilitated an activity punishable under such a law; and
(2) the holder satisfies the requirements for the certificate without regard to that individual,
then the Administrator may amend the certificate to impose a limitation that the certificate will not be valid if that individual has a controlling or ownership
interest in the holder. A decision by the Administrator under this subsection is not reviewable by the Board.
(Added Pub. L. 106–181, title V, §505(a)(1), Apr. 5, 2000, 114 Stat. 134; amended Pub. L. 108–176, title V, §501, Dec. 12, 2003, 117 Stat. 2556.)
Editorial Notes

Amendments
2003—Subsec. (a)(1). Pub. L. 108–176 struck out "or" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C)
and substituted "described in subparagraph (A) or (B)" for "convicted of such a violation".
Statutory Notes and Related Subsidiaries

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

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

§44727. Runway safety areas
(a) Airports in Alaska.—An airport owner or operator in the State of Alaska shall not be required to reduce the length of a runway or declare the length of a
runway to be less than the actual pavement length in order to meet standards of the Federal Aviation Administration applicable to runway safety areas.

(b) Study.—
(1) In general.—The Secretary shall conduct a study of runways at airports in States other than Alaska to determine which airports are affected by
standards of the Federal Aviation Administration applicable to runway safety areas and to assess how operations at those airports would be affected if the
owner or operator of the airport is required to reduce the length of a runway or declare the length of a runway to be less than the actual pavement length in
order to meet such standards.
(2) Report.—Not later than 9 months after the date of enactment of this section, the Secretary shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of the
study.
(Added Pub. L. 108–176, title V, §502(a), Dec. 12, 2003, 117 Stat. 2557.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12,
2003.
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§44728. Flight attendant certification
(a) Certificate Required.—
(1) In general.—No person may serve as a flight attendant aboard an aircraft of an air carrier unless that person holds a certificate of demonstrated
proficiency from the Administrator of the Federal Aviation Administration. Upon the request of the Administrator or an authorized representative of the National
Transportation Safety Board or another Federal agency, a person who holds such a certificate shall present the certificate for inspection within a reasonable
period of time after the date of the request.
(2) Special rule for current flight attendants.—An individual serving as a flight attendant on the effective date of this section may continue to serve
aboard an aircraft as a flight attendant until completion by that individual of the required recurrent or requalification training and subsequent certification under
this section.
(3) Treatment of flight attendant after notification.—On the date that the Administrator is notified by an air carrier that an individual has the
demonstrated proficiency to be a flight attendant, the individual shall be treated for purposes of this section as holding a certificate issued under the section.
(b) Issuance of Certificate.—The Administrator shall issue a certificate of demonstrated proficiency under this section to an individual after the
Administrator is notified by the air carrier that the individual has successfully completed all the training requirements for flight attendants approved by the
Administrator.
(c) Designation of Person To Determine Successful Completion of Training.—In accordance with part 183 of title 14, Code of Federal Regulation,1
the director of operations of an air carrier is designated to determine that an individual has successfully completed the training requirements approved by the
Administrator for such individual to serve as a flight attendant.
(d) Specifications Relating to Certificates.—Each certificate issued under this section shall—
(1) be numbered and recorded by the Administrator;
(2) contain the name, address, and description of the individual to whom the certificate is issued;

(3) be similar in size and appearance to certificates issued to airmen;
(4) contain the airplane group for which the certificate is issued; and
(5) be issued not later than 120 days after the Administrator receives notification from the air carrier of demonstrated proficiency and, in the case of an
individual serving as flight attendant on the effective date of this section, not later than 1 year after such effective date.
(e) Approval of Training Programs.—Air carrier flight attendant training programs shall be subject to approval by the Administrator. All flight attendant
training programs approved by the Administrator in the 1-year period ending on the date of enactment of this section shall be treated as providing a
demonstrated proficiency for purposes of meeting the certification requirements of this section.
(f) Minimum Language Skills.—
(1) In general.—No person may serve as a flight attendant aboard an aircraft of an air carrier, unless that person has demonstrated to an individual
qualified to determine proficiency the ability to read, speak, and write English well enough to—
(A) read material written in English and comprehend the information;
(B) speak and understand English sufficiently to provide direction to, and understand and answer questions from, English-speaking individuals;
(C) write incident reports and statements and log entries and statements; and
(D) carry out written and oral instructions regarding the proper performance of their duties.
(2) Foreign flights.—The requirements of paragraph (1) do not apply to a flight attendant serving solely between points outside the United States.
(g) Flight Attendant Defined.—In this section, the term "flight attendant" means an individual working as a flight attendant in the cabin of an aircraft that
has 20 or more seats and is being used by an air carrier to provide air transportation.
(Added Pub. L. 108–176, title VIII, §814(a), Dec. 12, 2003, 117 Stat. 2590; amended Pub. L. 112–95, title III, §304(a), Feb. 14, 2012, 126 Stat. 58; Pub. L. 115–
254, div. B, title V, §539(i), Oct. 5, 2018, 132 Stat. 3371.)
Editorial Notes

References in Text
For effective date of this section, referred to in subsecs. (a)(2) and (d)(5), see Effective Date note below.
The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12,
2003.

Amendments
2018—Subsec. (c). Pub. L. 115–254, §539(i)(1), substituted "title 14" for "chapter 14".
Subsec. (d)(3). Pub. L. 115–254, §539(i)(2), substituted "be" for "is".
2012—Subsecs. (f), (g). Pub. L. 112–95 added subsec. (f) and redesignated former subsec. (f) as (g).
Statutory Notes and Related Subsidiaries

Effective Date
Pub. L. 108–176, title VIII, §814(c), Dec. 12, 2003, 117 Stat. 2592, provided that: "The amendments made by subsections (a) and (b) [enacting
this section and amending the analysis to this chapter] shall take effect on the 365th day following the date of enactment of this Act [Dec. 12,
2003]."

Facilitation

Pub. L. 112–95, title III, §304(b), Feb. 14, 2012, 126 Stat. 58, provided that: "The Administrator of the Federal Aviation Administration shall work
with air carriers to facilitate compliance with the requirements of section 44728(f) of title 49, United States Code (as amended by this section)."
1 So in original. Probably should be "Regulations,".

§44729. Age standards for pilots
(a) In General.—Subject to the limitation in subsection (c), a pilot may serve in multicrew covered operations until attaining 65 years of age.
(b) Covered Operations Defined.—In this section, the term "covered operations" means operations under part 121 of title 14, Code of Federal Regulations.
(c) Limitation for International Flights.—
(1) Applicability of icao standard.—A pilot who has attained 60 years of age may serve as pilot-in-command in covered operations between the United
States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age.
(2) Sunset of limitation.—Paragraph (1) shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot
who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the
flight deck crew who has not attained age 60.
(d) Sunset of Age 60 Retirement Rule.—On and after the date of enactment of this section, section 121.383(c) of title 14, Code of Federal Regulations,
shall cease to be effective.
(e) Applicability.—
(1) Nonretroactivity.—No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier
engaged in covered operations unless—
(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or
(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits
or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.
(2) Protection for compliance.—An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this
section, or taken prior to the date of enactment of this section in conformance with section 121.383(c) of title 14, Code of Federal Regulations (as in effect
before such date of enactment), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any
court or agency of the United States or of any State or locality.
(f) Amendments to Labor Agreements and Benefit Plans.—Any amendment to a labor agreement or benefit plan of an air carrier that is required to
conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall
be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier.
(g) Medical Standards and Records.—
(1) Medical examinations and standards.—Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered
operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the
Secretary determines (based on data received or studies published after the date of enactment of this section) that different medical standards, or different,
greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight.
(2) Duration of first-class medical certificate.—No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered
operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of
examination shown on the certificate.
(h) Safety.—
(1) Training.—Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal
Aviation Administration, with specific emphasis on initial and recurrent training and qualification of pilots who have attained 60 years of age, to ensure
continued acceptable levels of pilot skill and judgment.

(2) GAO report.—Not later than 24 months after the date of enactment of this section, the Comptroller General 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
concerning the effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).
(Added Pub. L. 110–135, §2(a), Dec. 13, 2007, 121 Stat. 1450; amended Pub. L. 112–95, title III, §305, Feb. 14, 2012, 126 Stat. 58.)
Editorial Notes

References in Text
The date of enactment of this section and such date of enactment, referred to in subsecs. (d), (e), (g)(1) and (h)(2), is the date of enactment
of Pub. L. 110–135, which was approved Dec. 13, 2007.

Amendments
2012—Subsec. (h)(2), (3). Pub. L. 112–95 redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read
as follows: "Not later than 6 months after the date of enactment of this section, and every 6 months thereafter, an air carrier engaged in
covered operations shall evaluate the performance of each pilot of the air carrier who has attained 60 years of age through a line check of
such pilot. Notwithstanding the preceding sentence, an air carrier shall not be required to conduct for a 6-month period a line check under this
paragraph of a pilot serving as second-in-command if the pilot has undergone a regularly scheduled simulator evaluation during that period."

§44730. Helicopter air ambulance operations
(a) Compliance Regulations.—
(1) In general.—Except as provided in paragraph (2), not later than 180 days after the date of enactment of this section, a part 135 certificate holder
providing air ambulance services shall comply, whenever medical personnel are onboard the aircraft, with regulations pertaining to weather minimums and
flight and duty time under part 135.
(2) Exception.—If a certificate holder described in paragraph (1) is operating, or carrying out training, under instrument flight rules, the weather reporting
requirement at the destination shall not apply if authorized by the Administrator of the Federal Aviation Administration.
(b) Final Rule.—Not later than June 1, 2012, the Administrator shall issue a final rule, with respect to the notice of proposed rulemaking published in the
Federal Register on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers, medical personnel, and passengers onboard
helicopters providing air ambulance services under part 135.
(c) Matters To Be Addressed.—In conducting the rulemaking proceeding under subsection (b), the Administrator shall address the following:
(1) Flight request and dispatch procedures, including performance-based flight dispatch procedures.
(2) Pilot training standards, including establishment of training standards in—
(A) preventing controlled flight into terrain; and
(B) recovery from inadvertent flight into instrument meteorological conditions.
(3) Safety-enhancing technology and equipment, including—
(A) helicopter terrain awareness and warning systems;
(B) radar altimeters; and
(C) devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible.
(4) Such other matters as the Administrator considers appropriate.
(d) Minimum Requirements.—In issuing a final rule under subsection (b), the Administrator, at a minimum, shall provide for the following:
(1) Flight risk evaluation program.—The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—

(A) establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates
thereto;
(B) as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and
(C) requires the pilots of the certificate holder to use the checklist.
(2) Operational control center.—The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10
or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe.
(e) Subsequent Rulemaking.—
(1) In general.—Upon completion of the rulemaking required under subsection (b), the Administrator shall conduct a follow-on rulemaking to address the
following:
(A) Pilot training standards, including—
(i) mandatory training requirements, including a minimum time for completing the training requirements;
(ii) training subject areas, such as communications procedures and appropriate technology use; and
(iii) establishment of training standards in—
(I) crew resource management;
(II) flight risk evaluation;
(III) operational control of the pilot in command; and
(IV) use of flight simulation training devices and line-oriented flight training.
(B) Use of safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder
harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability.
(2) Deadlines.—Not later than 180 days after the date of issuance of a final rule under subsection (b), the Administrator shall initiate the rulemaking under
this subsection.
(3) Limitation on construction.—Nothing in this subsection shall be construed to require the Administrator to propose or finalize any rule that would
derogate or supersede the rule required to be finalized under subsection (b).
(f) Definitions.—In this section, the following definitions apply:
(1) Part 135.—The term "part 135" means part 135 of title 14, Code of Federal Regulations.
(2) Part 135 certificate holder.—The term "part 135 certificate holder" means a person holding an operating certificate issued under part 119 of title 14,
Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.
(Added Pub. L. 112–95, title III, §306(a), Feb. 14, 2012, 126 Stat. 58.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14,
2012.

§44731. Collection of data on helicopter air ambulance operations
(a) In General.—The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing helicopter air ambulance
services to submit to the Administrator, annually, a report containing, at a minimum, the following data:
(1) The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters.

(2) The number of hours flown by the helicopters operated by the certificate holder.
(3) The number of patients transported and the number of patient transport requests for a helicopter providing air ambulance services that were accepted or
declined by the certificate holder and the type of each such flight request (such as scene response, interfacility transport, or organ transport).
(4) The number of accidents, if any, involving helicopters operated by the certificate holder while providing air ambulance services and a description of the
accidents.
(5) The number of hours flown under instrument flight rules by helicopters operated by the certificate holder.
(6) The number of hours flown at night by helicopters operated by the certificate holder.
(7) The number of incidents, if any, in which a helicopter was not directly dispatched and arrived to transport patients but was not utilized for patient
transport.
(b) Reporting Period.—Data contained in a report submitted by a part 135 certificate holder under subsection (a) shall relate to such reporting period as the
Administrator determines appropriate.
(c) Database.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop a method to collect and store the data
collected under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section.
(d) Report to Congress.—The Administrator shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate a report containing a summary of the data collected under subsection (a). The
report shall include the number of accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air
ambulance operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air ambulance
services.
(e) Implementation.—In carrying out this section, the Administrator, in collaboration with part 135 certificate holders providing helicopter air ambulance
services, shall—
(1) propose and develop a method to collect and store the data submitted under subsection (a), including a method to protect the confidentiality of any trade
secret or proprietary information submitted; and
(2) ensure that the database under subsection (c) and the report under subsection (d) include data and analysis that will best inform efforts to improve the
safety of helicopter air ambulance operations.
(f) Definitions.—In this section, the terms "part 135" and "part 135 certificate holder" have the meanings given such terms in section 44730.
(Added Pub. L. 112–95, title III, §306(a), Feb. 14, 2012, 126 Stat. 60; amended Pub. L. 115–254, div. B, title III, §314(d), Oct. 5, 2018, 132 Stat. 3266.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14,
2012.

Amendments
2018—Subsec. (a). Pub. L. 115–254, §314(d)(1)(A), substituted "annually" for "not later than 1 year after the date of enactment of this section,
and annually thereafter" in introductory provisions.
Subsec. (a)(2). Pub. L. 115–254, §314(d)(1)(B), substituted "hours flown by the helicopters operated by the certificate holder" for "flights and
hours flown, by registration number, during which helicopters operated by the certificate holder were providing helicopter air ambulance
services".
Subsec. (a)(3). Pub. L. 115–254, §314(d)(1)(C), substituted "of patients transported and the number of patient transport" for "of flight", inserted
"or" after "interfacility transport,", and struck out ", or ferry or repositioning flight" after "organ transport".
Subsec. (a)(5). Pub. L. 115–254, §314(d)(1)(D), struck out "flights and" after "The number of" and "while providing air ambulance services"
before period at end.

Subsec. (a)(6). Pub. L. 115–254, §314(d)(1)(E), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The time of day of
each flight flown by helicopters operated by the certificate holder while providing air ambulance services."
Subsec. (d). Pub. L. 115–254, §314(d)(2), substituted "The Administrator shall submit annually" for "Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Administrator shall submit" and inserted at end "The report shall include the number of
accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air ambulance
operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air
ambulance services."
Subsecs. (e), (f). Pub. L. 115–254, §314(d)(3), (4), added subsec. (e) and redesignated former subsec. (e) as (f).
Statutory Notes and Related Subsidiaries

Helicopter Air Ambulance Operations Data and Reports
Pub. L. 115–254, div. B, title III, §314(a)–(c), Oct. 5, 2018, 132 Stat. 3265, 3266, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration], in collaboration with helicopter air ambulance industry stakeholders, shall assess the availability of information to the general
public related to the location of heliports and helipads used by helicopters providing air ambulance services, including helipads and helipads
outside of those listed as part of any existing databases of Airport Master Record (5010) forms.
"(b) Requirements.—Based on the assessment under subsection (a), the Administrator shall—
"(1) update, as necessary, any existing guidance on what information is included in the current databases of Airport Master Record
(5010) forms to include information related to heliports and helipads used by helicopters providing air ambulance services; or
"(2) develop, as appropriate and in collaboration with helicopter air ambulance industry stakeholders, a new database of heliports and
helipads used by helicopters providing air ambulance services.
"(c) Reports.—
"(1) Assessment report.—Not later than 30 days after the date the assessment under subsection (a) is complete, 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 assessment, including any
recommendations on how to make information related to the location of heliports and helipads used by helicopters providing air ambulance
services available to the general public.
"(2) Implementation report.—Not later than 30 days after completing action under paragraph (1) or paragraph (2) of subsection (b), the
Administrator shall submit to the appropriate committees of Congress a report on such action."

§44732. Prohibition on personal use of electronic devices on flight deck
(a) In General.—It is unlawful for a flight crewmember of an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations,
to use a personal wireless communications device or laptop computer while at the flight crewmember's duty station on the flight deck of such an aircraft while the
aircraft is being operated.
(b) Exceptions.—Subsection (a) shall not apply to the use of a personal wireless communications device or laptop computer for a purpose directly related to
operation of the aircraft, or for emergency, safety-related, or employment-related communications, in accordance with procedures established by the air carrier
and the Administrator of the Federal Aviation Administration.
(c) Enforcement.—In addition to the penalties provided under section 46301 applicable to any violation of this section, the Administrator of the Federal
Aviation Administration may enforce compliance with this section under section 44709 by amending, modifying, suspending, or revoking a certificate under this
chapter.
(d) Personal Wireless Communications Device Defined.—In this section, the term "personal wireless communications device" means a device through
which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.
(Added Pub. L. 112–95, title III, §307(a), Feb. 14, 2012, 126 Stat. 61.)

Statutory Notes and Related Subsidiaries

Regulations
Pub. L. 112–95, title III, §307(d), Feb. 14, 2012, 126 Stat. 62, provided that: "Not later than 90 days after the date of enactment of this Act [Feb.
14, 2012], the Administrator of the Federal Aviation Administration shall initiate a rulemaking procedure for regulations to carry out section
44732 of title 49, United States Code (as added by this section), and shall issue a final rule thereunder not later than 2 years after the date of
enactment of this Act."

§44733. Inspection of repair stations located outside the United States
(a) In General.—Not later than 1 year after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish and
implement a safety assessment system for all part 145 repair stations based on the type, scope, and complexity of work being performed. The system shall—
(1) ensure that repair stations located outside the United States are subject to appropriate inspections based on identified risks and consistent with existing
United States requirements;
(2) consider inspection results and findings submitted by foreign civil aviation authorities operating under a maintenance safety or maintenance
implementation agreement with the United States; and
(3) require all maintenance safety or maintenance implementation agreements to provide an opportunity for the Administration to conduct independent
inspections of covered part 145 repair stations when safety concerns warrant such inspections.
(b) Notice to Congress of Negotiations.—The Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives not later than 30 days after initiating formal negotiations with foreign aviation
authorities or other appropriate foreign government agencies on a new maintenance safety or maintenance implementation agreement.
(c) Annual Report.—The Administrator shall publish an annual report on the Administration's oversight of part 145 repair stations and implementation of the
safety assessment system required under subsection (a). The report shall—
(1) describe in detail any improvements in the Administration's ability to identify and track where part 121 air carrier repair work is performed;
(2) include a staffing model to determine the best placement of inspectors and the number of inspectors needed;
(3) describe the training provided to inspectors; and
(4) include an assessment of the quality of monitoring and surveillance by the Administration of work performed by its inspectors and the inspectors of
foreign authorities operating under a maintenance safety or maintenance implementation agreement.
(d) Alcohol and Controlled Substances Testing Program Requirements.—
(1) In general.—The Secretary of State and the Secretary of Transportation, acting jointly, shall request the governments of foreign countries that are
members of the International Civil Aviation Organization to establish international standards for alcohol and controlled substances testing of persons that
perform safety-sensitive maintenance functions on commercial air carrier aircraft.
(2) Application to part 121 aircraft work.—Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate a
proposed rule requiring that all part 145 repair station employees responsible for safety-sensitive maintenance functions on part 121 air carrier aircraft are
subject to an alcohol and controlled substances testing program determined acceptable by the Administrator and consistent with the applicable laws of the
country in which the repair station is located.
(e) Annual Inspections.—The Administrator shall ensure that part 145 repair stations located outside the United States are inspected annually by Federal
Aviation Administration safety inspectors, without regard to where the station is located, in a manner consistent with United States obligations under international
agreements. The Administrator may carry out inspections in addition to the annual inspection required under this subsection based on identified risks.
(f) Risk-Based Oversight.—
(1) In general.—Not later than 90 days after the date of enactment of the FAA Extension, Safety, and Security Act of 2016, the Administrator shall take
measures to ensure that the safety assessment system established under subsection (a)—

(A) places particular consideration on inspections of part 145 repair stations located outside the United States that conduct scheduled heavy maintenance
work on part 121 air carrier aircraft; and
(B) accounts for the frequency and seriousness of any corrective actions that part 121 air carriers must implement to aircraft following such work at such
repair stations.
(2) International agreements.—The Administrator shall take the measures required under paragraph (1)—
(A) in accordance with United States obligations under applicable international agreements; and
(B) in a manner consistent with the applicable laws of the country in which a repair station is located.
(3) Access to data.—The Administrator may access and review such information or data in the possession of a part 121 air carrier as the Administrator
may require in carrying out paragraph (1)(B).
(g) Definitions.—In this section, the following definitions apply:
(1) Heavy maintenance work.—The term "heavy maintenance work" means a C-check, a D-check, or equivalent maintenance operation with respect to
the airframe of a transport-category aircraft.
(2) Part 121 air carrier.—The term "part 121 air carrier" means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal
Regulations.
(3) Part 145 repair station.—The term "part 145 repair station" means a repair station that holds a certificate issued under part 145 of title 14, Code of
Federal Regulations.
(Added Pub. L. 112–95, title III, §308(a), Feb. 14, 2012, 126 Stat. 62; amended Pub. L. 114–190, title II, §2112(a), July 15, 2016, 130 Stat. 627.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsecs. (a) and (d)(2), is the date of enactment of Pub. L. 112–95, which was approved
Feb. 14, 2012.
The date of enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (f)(1), is the date of enactment of Pub.
L. 114–190, which was approved July 15, 2016.

Amendments
2016—Subsec. (f). Pub. L. 114–190, §2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 114–190, §2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Pub. L. 114–190, §2112(a)(1), redesignated subsec. (f) as (g).
Statutory Notes and Related Subsidiaries

Alcohol and Controlled Substances Testing
Pub. L. 114–190, title II, §2112(b), July 15, 2016, 130 Stat. 628, provided that: "The Administrator of the Federal Aviation Administration shall
ensure that—
"(1) not later than 90 days after the date of enactment of this Act [July 15, 2016], a notice of proposed rulemaking required pursuant to
section 44733(d)(2) is published in the Federal Register; and
"(2) not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking
is finalized."

Background Investigations
Pub. L. 114–190, title II, §2112(c), July 15, 2016, 130 Stat. 628, provided that: "Not later than 180 days after the date of enactment of this Act
[July 15, 2016], the Administrator shall ensure that each employee of a repair station certificated under part 145 of title 14, Code of Federal
Regulations, who performs a safety-sensitive function on an air carrier aircraft has undergone a pre-employment background investigation
sufficient to determine whether the individual presents a threat to aviation safety, in a manner that is—
"(1) determined acceptable by the Administrator;
"(2) consistent with the applicable laws of the country in which the repair station is located; and
"(3) consistent with the United States obligations under international agreements."

§44734. Training of flight attendants
(a) Training Required.—In addition to other training required under this chapter, each air carrier shall provide to flight attendants employed or contracted by
such air carrier initial and annual training regarding—
(1) serving alcohol to passengers;
(2) recognizing intoxicated passengers;
(3) dealing with disruptive passengers; and
(4) recognizing and responding to potential human trafficking victims.
(b) Situational Training.—In carrying out the training required under subsection (a), each air carrier shall provide to flight attendants situational training on
the proper method for dealing with intoxicated passengers who act in a belligerent manner.
(c) Definitions.—In this section, the following definitions apply:
(1) Air carrier.—The term "air carrier" means a person, including a commercial enterprise, that has been issued an air carrier operating certificate under
section 44705.
(2) Flight attendant.—The term "flight attendant" has the meaning given that term in section 44728(g).
(Added Pub. L. 112–95, title III, §309(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 114–190, title II, §2113, July 15, 2016, 130 Stat. 628.)
Editorial Notes

Amendments
2016—Subsec. (a)(4). Pub. L. 114–190 added par. (4).

§44735. Limitation on disclosure of safety information
(a) In General.—Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by
the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5—
(1) if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the
Administrator under any other provision of law; or
(2) if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety,
and Accountability Act.
(b) Applicability.—The limitation established by subsection (a) shall apply to the following:
(1) Reports, data, or other information developed under the Aviation Safety Action Program.
(2) Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.
(3) Reports, data, or other information developed under the Line Operations Safety Audit Program.

(4) Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the
Administrator.
(5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4),
including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program).
(c) Exception for De-identified Information.—
(1) In general.—The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report,
data, or other information has been de-identified.
(2) De-identified defined.—In this subsection, the term "de-identified" means the process by which all information that is likely to establish the identity of
the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.
(Added Pub. L. 112–95, title III, §310(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 116–260, div. V, title I, §102(g), Dec. 27, 2020, 134 Stat. 2311.)

References in Text
Section 102(e) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (a)(2), is section 102(e) of title I of Pub. L.

116–260, div. V, Dec. 27, 2020, 134 Stat. 2310, which is set out in a note under section 44701 of this title.

Amendments
2020—Subsec. (a). Pub. L. 116–260 inserted "—" after "title 5", designated remaining existing provisions as par. (1), and added par. (2).

§44736. Organization designation authorizations
(a) Delegations of Functions.—
(1) In general.—Except as provided in paragraph (3), when overseeing an ODA holder, the Administrator of the FAA shall—
(A) require, based on an application submitted by the ODA holder and approved by the Administrator (or the Administrator's designee), a procedures
manual that addresses all procedures and limitations regarding the functions to be performed by the ODA holder; and
(B) conduct regular oversight activities by inspecting the ODA holder's delegated functions and taking action based on validated inspection findings.
(2) Duties of oda holders.—An ODA holder shall—
(A) perform each specified function delegated to the ODA holder in accordance with the approved procedures manual for the delegation;
(B) make the procedures manual available to each member of the appropriate ODA unit; and
(C) cooperate fully with oversight activities conducted by the Administrator in connection with the delegation.
(3) Existing oda holders.—With regard to an ODA holder operating under a procedures manual approved by the Administrator before the date of
enactment of the FAA Reauthorization Act of 2018, the Administrator shall conduct regular oversight activities by inspecting the ODA holder's delegated
functions and taking action based on validated inspection findings.
(b) ODA Office.—
(1) Establishment.—Not later than 120 days after the date of enactment of this section, the Administrator of the FAA shall identify, within the FAA Office of
Aviation Safety, a centralized policy office to be known as the Organization Designation Authorization Office or the ODA Office.
(2) Purpose.—The purpose of the ODA Office shall be to provide oversight and ensure the consistency of the FAA's audit functions under the ODA
program across the FAA.
(3) Functions.—The ODA Office shall—
(A)(i) require, as appropriate, an ODA holder to establish a corrective action plan to regain authority for any retained limitations;
(ii) require, as appropriate, an ODA holder to notify the ODA Office when all corrective actions have been accomplished; and
(iii) when appropriate, make a reassessment to determine if subsequent performance in carrying out any retained limitation warrants continued retention
and, if such reassessment determines performance meets objectives, lift such limitation immediately;

(B) develop a more consistent approach to audit priorities, procedures, and training under the ODA program;
(C) review, in a timely fashion, a random sample of limitations on delegated authorities under the ODA program to determine if the limitations are
appropriate;
(D) ensure national consistency in the interpretation and application of the requirements of the ODA program, including any limitations, and in the
performance of the ODA program;
(E) at the request of an ODA holder, review and, when appropriate, approve new limitations to ODA functions; and
(F) ensure the ODA holders procedures manual contains procedures and policies based on best practices established by the Administrator.
(c) Definitions.—In this section, the following definitions apply:
(1) FAA.—The term "FAA" means the Federal Aviation Administration.
(2) ODA holder.—The term "ODA holder" means an entity authorized to perform functions pursuant to a delegation made by the Administrator of the FAA
under section 44702(d).
(3) ODA unit.—The term "ODA unit" means a group of 2 or more individuals who perform, under the supervision of an ODA holder, authorized functions
under an ODA.
(4) Organization.—The term "organization" means a firm, partnership, corporation, company, association, joint-stock association, or governmental entity.
(5) Organization designation authorization; oda.—The term "Organization Designation Authorization" or "ODA" means an authorization by the FAA
under section 44702(d) for an organization composed of 1 or more ODA units to perform approved functions on behalf of the FAA.
(d) Audits.—
(1) In general.—The Administrator shall perform a periodic audit of each ODA unit and its procedures.
(2) Duration.—An audit required under paragraph (1) shall be performed with respect to an ODA holder once every 7 years (or more frequently as
determined appropriate by the Administrator).
(3) Records.—The ODA holder shall maintain, for a period to be determined by the Administrator, a record of—
(A) each audit conducted under this subsection; and
(B) any corrective actions resulting from each such audit.
(e) Federal Aviation Safety Advisors.—
(1) In general.—In the case of an ODA holder, the Administrator shall assign FAA aviation safety personnel with appropriate expertise to be advisors to the
ODA unit members that are authorized to make findings of compliance on behalf of the Administrator. The advisors shall—
(A) communicate with assigned unit members on an ongoing basis to ensure that the assigned unit members are knowledgeable of relevant FAA policies
and acceptable methods of compliance; and
(B) monitor the performance of the assigned unit members to ensure consistency with such policies.
(2) Applicability.—Paragraph (1) shall only apply to an ODA holder that is—
(A) a manufacturer that holds both a type and a production certificate for—
(i) transport category airplanes with a maximum takeoff gross weight greater than 150,000 pounds; or
(ii) airplanes produced and delivered to operators operating under part 121 of title 14, Code of Federal Regulations, for air carrier service under such
part 121; or
(B) a manufacturer of engines for an airplane described in subparagraph (A).
(f) Communication With the FAA.—Neither the Administrator nor an ODA holder may prohibit—
(1) an ODA unit member from communicating with, or seeking the advice of, the Administrator or FAA staff; or
(2) the Administrator or FAA staff from communicating with an ODA unit member.
(Added Pub. L. 115–254, div. B, title II, §212(a), Oct. 5, 2018, 132 Stat. 3247; amended Pub. L. 116–260, div. V, title I, §§107(b)(1), (c), 125(b), Dec. 27, 2020,
134 Stat. 2324, 2325, 2347.)

Editorial Notes

References in Text
The date of enactment of the FAA Reauthorization Act of 2018 and the date of enactment of this section, referred to in subsecs. (a)(3) and
(b)(1), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments
2020—Subsec. (a)(1). Pub. L. 116–260, §107(c)(1)(A), redesignated subpar. (C) as (B) and struck out former subpars. (B) and (D) which read
as follows:
"(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator
determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air
commerce requires a limitation with respect to 1 or more of the functions;
"(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder's capability to execute
that function safely and effectively and return to full authority status."
Subsec. (a)(3). Pub. L. 116–260, §107(c)(1)(B), substituted "shall conduct regular oversight activities by inspecting the ODA holder's
delegated functions and taking action based on validated inspection findings." for "shall—" and subpars. (A) to (D) which read as follows:
"(A) at the request of the ODA holder and in an expeditious manner, approve revisions to the ODA holder's procedures manual;
"(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator
determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air
commerce requires a limitation with respect to one or more of the functions;
"(C) conduct regular oversight activities by inspecting the ODA holder's delegated functions and taking action based on validated inspection
findings; and
"(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder's capability to execute
that function safely and effectively and return to full authority status."
Subsec. (b)(3)(A). Pub. L. 116–260, §107(c)(2)(A), redesignated cls. (ii) to (iv) as (i) to (iii), respectively, in cls. (i) and (ii), inserted ", as
appropriate," after "require", in cl. (iii), inserted "when appropriate," before "make a reassessment", and struck out former cl. (i) which read as
follows: "at the request of an ODA holder, eliminate all limitations specified in a procedures manual in place on the day before the date of
enactment of the FAA Reauthorization Act of 2018 that are low and medium risk as determined by a risk analysis using criteria established by
the ODA Office and disclosed to the ODA holder, except where an ODA holder's performance warrants the retention of a specific limitation due
to documented concerns about inadequate current performance in carrying out that authorized function;".
Subsec. (b)(3)(B) to (E). Pub. L. 116–260, §107(c)(2)(B), (D), redesignated subpars. (C) to (F) as (B) to (E), respectively, and struck out former
subpar. (B) which read as follows: "improve FAA and ODA holder performance and ensure full utilization of the authorities delegated under the
ODA program;".
Subsec. (b)(3)(F). Pub. L. 116–260, §125(b), added subpar. (F). Former subpar. (F) redesignated (E).
Pub. L. 116–260, §107(c)(2)(C), (D), inserted ", when appropriate," before "approve" and then redesignated subpar. (F) as (E).
Subsecs. (d), (e). Pub. L. 116–260, §107(b)(1), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries

Expert Review of Organization Designation Authorizations for Transport Airplanes
Pub. L. 116–260, div. V, title I, §103, Dec. 27, 2020, 134 Stat. 2311, provided that:
"(a) Expert Review.—
"(1) Establishment.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall convene an

expert panel (in this section referred to as the 'review panel') to review and make findings and recommendations on the matters listed in
paragraph (2).

"(2) Contents of review.—With respect to each holder of an organization designation authorization for the design and production of
transport airplanes, the review panel shall review the following:
"(A) The extent to which the holder's safety management processes promote or foster a safety culture consistent with the principles
of the International Civil Aviation Organization Safety Management Manual, Fourth Edition (International Civil Aviation Organization Doc.
No. 9859) or any similar successor document.
"(B) The effectiveness of measures instituted by the holder to instill, among employees and contractors of such holder that support
organization designation authorization functions, a commitment to safety above all other priorities.
"(C) The holder's capability, based on the holder's organizational structures, requirements applicable to officers and employees of
such holder, and safety culture, of making reasonable and appropriate decisions regarding functions delegated to the holder pursuant to
the organization designation authorization.
"(D) Any other matter determined by the Administrator for which inclusion in the review would be consistent with the public interest
in aviation safety.
"(3) Composition of review panel.—The review panel shall consist of—
"(A) 2 representatives of the National Aeronautics and Space Administration;
"(B) 2 employees of the Administration's Aircraft Certification Service with experience conducting oversight of persons not involved
in the design or production of transport airplanes;
"(C) 1 employee of the Administration's Aircraft Certification Service with experience conducting oversight of persons involved in
the design or production of transport airplanes;
"(D) 2 employees of the Administration's Flight Standards Service with experience in oversight of safety management systems;
"(E) 1 appropriately qualified representative, designated by the applicable represented organization, of each of—
"(i) a labor union representing airline pilots involved in both passenger and all-cargo operations;
"(ii) a labor union, not selected under clause (i), representing airline pilots with expertise in the matters described in paragraph
(2);
"(iii) a labor union representing employees engaged in the assembly of transport airplanes;
"(iv) the certified bargaining representative under section 7111 of title 5, United States Code, for field engineers engaged in the
audit or oversight of an organization designation authorization within the Aircraft Certification Service of the Administration;
"(v) the certified bargaining representative for safety inspectors of the Administration; and
"(vi) a labor union representing employees engaged in the design of transport airplanes;
"(F) 2 independent experts who have not served as a political appointee in the Administration and—
"(i) who hold either a baccalaureate or postgraduate degree in the field of aerospace engineering or a related discipline; and
"(ii) who have a minimum of 20 years of relevant applied experience;
"(G) 4 air carrier employees whose job responsibilities include administration of a safety management system;
"(H) 4 individuals representing 4 different holders of organization designation authorizations, with preference given to individuals
representing holders of organization designation authorizations for the design or production of aircraft other than transport airplanes or for
the design or production of aircraft engines, propellers, or appliances; and
"(I) 1 individual holding a law degree and who has expertise in the legal duties of a holder of an organization designation
authorization and the interaction with the FAA, except that such individual may not, within the 10-year period preceding the individual's
appointment, have been employed by, or provided legal services to, the holder of an organization designation authorization referenced in
paragraph (2).
"(4) Recommendations.—The review panel shall make recommendations to the Administrator regarding suggested actions to address
any deficiencies found after review of the matters listed in paragraph (2).
"(5) Report.—
"(A) Submission.—Not later than 270 days after the date of the first meeting of the review panel, the review panel shall transmit to
the Administrator and the congressional committees of jurisdiction a report containing the findings and recommendations of the review
panel regarding the matters listed in paragraph (2), except that such report shall include—
"(i) only such findings endorsed by 10 or more individual members of the review panel; and

"(ii) only such recommendations described in paragraph (4) endorsed by 18 or more of the individual members of the review
panel.
"(B) Dissenting views.—In submitting the report required under this paragraph, the review panel shall append to such report the
dissenting views of any individual member or group of members of the review panel regarding the findings or recommendations of the
review panel.
"(C) Publication.—Not later than 5 days after receiving the report under subparagraph (A), the Administrator shall publish such
report, including any dissenting views appended to the report, on the website of the Administration.
"(D) Termination.—The review panel shall terminate upon submission of the report under subparagraph (A).
"(6) Administrative provisions.—
"(A) Access to information.—The review panel shall have authority to perform the following actions if a majority of the total number
of review panel members consider each action necessary and appropriate:
"(i) Entering onto the premises of a holder of an organization designation authorization referenced in paragraph (2) for access
to and inspection of records or other purposes.
"(ii) Notwithstanding any other provision of law, accessing and inspecting unredacted records directly necessary for the
completion of the panel's work under this section that are in the possession of such holder of an organization designation authorization
or the Administration.
"(iii) Interviewing employees of such holder of an organization designation authorization or the Administration as necessary for
the panel to complete its work.
"(B) Disclosure of financial interests.—Each individual serving on the review panel shall disclose to the Administrator any
financial interest held by such individual, or a spouse or dependent of such individual, in a business enterprise engaged in the design or
production of transport airplanes, aircraft engines designed for transport airplanes, or major systems, components, or parts thereof.
"(C) Protection of proprietary information; trade secrets.—
"(i) Marking.—The custodian of a record accessed under subparagraph (A) may mark such record as proprietary or containing
a trade secret. A marking under this subparagraph shall not be dispositive with respect to whether such record contains any information
subject to legal protections from public disclosure.
"(ii) Nondisclosure for non-federal government participants.—
     "(I) Non-federal government participants.—Prior to participating on the review panel, each individual serving on the review panel
representing a non-Federal entity, including a labor union, shall execute an agreement with the Administrator in which the individual
shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public
information made accessible to the panel under subparagraph (A).
     "(II) Federal employee participants.—Federal employees serving on the review panel as representatives of the Federal Government and
who are required to protect proprietary information and trade secrets under section 1905 of title 18, United States Code, shall not be
required to execute agreements under this subparagraph.
"(iii) Protection of voluntarily submitted safety information.—Information subject to protection from disclosure by the
Administration in accordance with sections 40123 and 44735 of title 49, United States Code, is deemed voluntarily submitted to the
Administration under such sections when shared with the review panel and retains its protection from disclosure (including protection
under section 552(b)(3) of title 5, United States Code). The custodian of a record subject to such protection may mark such record as subject
to statutory protections. A marking under this subparagraph shall not be dispositive with respect to whether such record contains any
information subject to legal protections from public disclosure. Members of the review panel will protect voluntarily submitted safety
information and other otherwise exempt information to the extent permitted under applicable law.
"(iv) Protection of proprietary information and trade secrets.—Members of the review panel will protect proprietary
information, trade secrets, and other otherwise exempt information to the extent permitted under applicable law.
"(v) Resolving classification of information.—If the review panel and a holder of an organization designation authorization
subject to review under this section disagree as to the proper classification of information described in this subparagraph, then an
employee of the Administration who is not a political appointee shall determine the proper classification of such information and whether
such information will be withheld, in part or in full, from release to the public.

"(D) Applicable law.—Public Law 92–463 [Federal Advisory Committee Act, 5 U.S.C. App.] shall not apply to the panel established
under this subsection.
"(E) Financial interest defined.—In this paragraph, the term 'financial interest'—
"(i) excludes securities held in an index fund; and
"(ii) includes—
     "(I) any current or contingent ownership, equity, or security interest;
     "(II) an indebtedness or compensated employment relationship; or
     "(III) any right to purchase or acquire any such interest, including a stock option or commodity future.
"(b) FAA Authority.—
"(1) In general.—After reviewing the findings of the review panel submitted under subsection (a)(5), the Administrator may limit,
suspend, or terminate an organization designation authorization subject to review under this section.
"(2) Reinstatement.—The Administrator may condition reinstatement of a limited, suspended, or terminated organization designation
authorization on the holder's implementation of any corrective actions determined necessary by the Administrator.
"(3) Rule of construction.—Nothing in this subsection shall be construed to limit the Administrator's authority to take any action with
respect to an organization designation authorization, including limitation, suspension, or termination of such authorization.
"(c) Organization Designation Authorization Process Improvements.—Not later than 1 year after receipt of the recommendations submitted
under subsection (a)(5), the Administrator shall report to the congressional committees of jurisdiction on—
"(1) whether the Administrator has concluded that such holder is able to safely and reliably perform all delegated functions in
accordance with all applicable provisions of chapter 447 of title 49, United States Code, title 14, Code of Federal Regulations, and other orders or
requirements of the Administrator, and, if not, the Administrator shall outline—
"(A) the risk mitigations or other corrective actions, including the implementation timelines of such mitigations or actions, the
Administrator has established for or required of such holder as prerequisites for a conclusion by the Administrator under this paragraph; or
"(B) the status of any ongoing investigatory actions;
"(2) the status of implementation of each of the recommendations of the review panel, if any, with which the Administrator concurs;
"(3) the status of procedures under which the Administrator will conduct focused oversight of such holder's processes for performing
delegated functions with respect to the design of new and derivative transport airplanes and the production of such airplanes; and
"(4) the Administrator's efforts, to the maximum extent practicable and subject to appropriations, to increase the number of engineers,
inspectors, and other qualified technical experts, as necessary to fulfill the requirements of this section, in—
"(A) each office of the Administration responsible for dedicated oversight of such holder; and
"(B) the System Oversight Division, or any successor division, of the Aircraft Certification Service.
"(d) Non-concurrence With Recommendations.—Not later than 6 months after receipt of the recommendations submitted under subsection
(a)(5), with respect to each recommendation of the review panel with which the Administrator does not concur, if any, the Administrator shall
publish on the website of the Administration and submit to the congressional committees of jurisdiction a detailed explanation as to why,
including if the Administrator believes implementation of such recommendation would not improve aviation safety."
[For definitions of terms used in section 103 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as
a note under section 40101 of this title.]

ODA Review
Pub. L. 115–254, div. B, title II, §213, Oct. 5, 2018, 132 Stat. 3249, as amended by Pub. L. 116–260, div. V, title I, §125(a), Dec. 27, 2020, 134 Stat.
2346, provided that:
"(a) Establishment of Expert Review Panel.—
"(1) Expert panel.—Not later than 120 days after the dateof enactment of this Act [Oct. 5, 2018], the Administrator shall convene a

multidisciplinary expert review panel (in this section referredto as the 'Panel').
"(2) Composition of panel.—
"(A) Appointment of members.—The Panel shall be composed of not more than 20 members appointed by the Administrator.
"(B) Qualifications.—The members appointed to the Panel shall—

"(i) each have a minimum of 5 years of experience in processes and procedures under the ODA program; and
"(ii) represent, at a minimum, ODA holders, aviation manufacturers, safety experts, and FAA labor organizations, including
labor representatives of FAA aviation safety inspectors and aviation safety engineers.
"(b) Survey.—The Panel shall conduct a survey of ODA holders and ODA program applicants to document and assess FAA certification and
oversight activities, including use of the ODA program and the timeliness and efficiency of the certification process. In carrying out this
subsection, the Panel shall consult with appropriate survey experts to best design and conduct the survey.
"(c) Best Practices Review.—In addition to conducting the survey required under subsection (b), the Panel shall conduct a review of a
sampling of ODA holders to identify and develop best practices. At a minimum, the best practices shall address preventing and deterring
instances of undue pressure on or by an ODA unit member, within an ODA, or by an ODA holder, or failures to maintain independence
between the FAA and an ODA holder or an ODA unit member. In carrying out such review, the Panel shall—
"(1) examine other government regulated industries to gather lessons learned, procedures, or processes that address undue pressure
of employees, perceived regulatory coziness, or other failures to maintain independence;
"(2) identify ways to improve communications between an ODA Administrator, ODA unit members, and FAA engineers and inspectors,
consistent with section 44736(g) of title 49, United States Code, in order to enable direct communication of technical concerns that arise during a
certification project without fear of reprisal to the ODA Administrator or ODA unit member; and
"(3) examine FAA designee programs, including the assignment of FAA advisors to designees, to determine which components of the
program may improve the FAA's oversight of ODA units, ODA unit members, and the ODA program.
"(d)Assessment and Recommendations.—The Panel shall assess and make recommendations concerning—
"(1) the FAA's processes and procedures under the ODA program and whether the processes and procedures function as intended;
"(2) the best practices of and lessons learned by ODA holders and FAA personnel who provide oversight of ODA holders;
"(3) training activities related to the ODA program for FAApersonnel and ODA holders;
"(4) the impact, if any, that oversight of the ODA programhas on FAA resources and the FAA's ability to process applicationsfor
certifications outside of the ODA program;
"(5) the results of the survey conducted under subsection(b); and
"(6) the results of the review conducted under subsection (c).
"(e) Report.—Not later than 180 days after the date the Panel is convened under subsection (a), the Panel shall submit to the Administrator,
the Advisory Committee, and the appropriate committees of Congress a report on the findings and recommendations of the Panel.
"(f) Definitions.—The definitions contained in section 44736 of title 49, United States Code, as added by this Act, apply to this section.
"(g) Applicable Law.—Public Law 92–463 [Federal Advisory Committee Act, 5 U.S.C. App.] shall not apply to the Panel.
"(h) Best Practices Adoption.—
"(1) In general.—Not later than 180 days after the date on which the Administrator receives the report required under subsection (e),
the Administrator shall establish best practices that are generally applicable to all ODA holders and require such practices to be
incorporated, as appropriate, into each ODA holder's approved procedures manual.
"(2) Notice and comment period.—The Administrator shall publish the established best practices for public notice and comment for not
fewer than 60 days prior to requiring the practices, as appropriate, be incorporated into each ODA holder's approved procedures manual.
"(i) Sunset.—The Panel shall terminate on the earlier of—
"(1) the date of submission of the report under subsection (e); or
"(2) the date that is 2 years after the date on which the Panel is first convened under subsection (a)."

§44737. Helicopter fuel system safety
(a) Prohibition.—
(1) In general.—A person may not operate a covered rotorcraft in United States airspace unless the design of the rotorcraft is certified by the Administrator
of the Federal Aviation Administration to—

(A) comply with the requirements applicable to the category of the rotorcraft under paragraphs (1), (2), (3), (5), and (6) of section 27.952(a), section
27.952(c), section 27.952(f), section 27.952(g), section 27.963(g) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested instructure), and section 27.975(b) or paragraphs (1), (2), (3), (5), and (6) of section 29.952(a), section 29.952(c), section 29.952(f), section 29.952(g), section
29.963(b) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and 29.975(a)(7) of title 14, Code of Federal
Regulations, as in effect on the date of enactment of this section; or
(B) employ other means acceptable to the Administrator to provide an equivalent level of fuel system crash resistance.
(2) Covered rotorcraft defined.—In this subsection, the term "covered rotorcraft" means a rotorcraft not otherwise required to comply with section
27.952, section 27.963, and section 27.975, or section 29.952, section 29.963, and section 29.975 of title 14, Code of Federal Regulations as in effect on the
date of enactment of this section for which manufacture was completed, as determined by the Administrator, on or after the date that is 18 months after the
date of enactment of this section.
(b) Administrative Provisions.—The Administrator shall—
(1) expedite the certification and validation of United States and foreign type designs and retrofit kits that improve fuel system crashworthiness; and
(2) not later than 180 days after the date of enactment of this section, and periodically thereafter, issue a bulletin to—
(A) inform rotorcraft owners and operators of available modifications to improve fuel system crashworthiness; and
(B) urge that such modifications be installed as soon as practicable.
(c) Rule of Construction.—Nothing in this section may be construed to affect the operation of a rotorcraft by the Department of Defense.
(Added Pub. L. 115–254, div. B, title III, §317(a), Oct. 5, 2018, 132 Stat. 3268.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Codification
Another section 44737 was renumbered section 44740 of this title.

§44738. Training on human trafficking for certain staff
In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air carrier workers whose jobs
require regular interaction with passengers on recognizing and responding to potential human trafficking victims.
(Added Pub. L. 115–254, div. B, title IV, §408(a), Oct. 5, 2018, 132 Stat. 3330.)

§44739. Pets on airplanes
(a) Prohibition.—It shall be unlawful for any person to place a live animal in an overhead storage compartment of an aircraft operated under part 121 of title
14, Code of Federal Regulations.
(b) Civil Penalty.—The Administrator may impose a civil penalty under section 46301 for each violation of this section.
(Added Pub. L. 115–254, div. B, title IV, §417(a), Oct. 5, 2018, 132 Stat. 3334.)

§44740. Special rule for certain aircraft operations
(a) In General.—The operator of an aircraft with a special airworthiness certification in the experimental category may—
(1) operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in section 50902 of title 51); and
(2) conduct such flight under such certificate carrying persons or property for compensation or hire—
(A) notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for
compensation or hire; or
(B) without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations.
(b) Limited Applicability.—Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following:
(1) The aircraft conducting the space support vehicle flight—
(A) takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51;
(B) is owned or operated by a launch or reentry vehicle operator licensed under chapter 509 of title 51, or on behalf of a launch or reentry vehicle operator
licensed under chapter 509 of title 51;
(C) is a launch vehicle, a reentry vehicle, or a component of a launch or reentry vehicle licensed for operations pursuant to chapter 509 of title 51; and
(D) is used only to simulate space flight conditions in support of—
(i) training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51);
(ii) the testing of hardware to be used in space flight; or
(iii) research and development tasks, which require the unique capabilities of the aircraft conducting the flight.
(c) Rules of Construction.—
(1) Space support vehicles.—Section 44711(a)(1) shall not apply to a person conducting a space support vehicle flight under this section only to the
extent that a term of the experimental certificate under which the person is operating the space support vehicle prohibits the carriage of persons or property for
compensation or hire.
(2) Authority of administrator.—Nothing in this section shall be construed to limit the authority of the Administrator of the Federal Aviation
Administration to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions
other than those described in this section.
(Added Pub. L. 115–254, div. B, title V, §581(b)(1), Oct. 5, 2018, 132 Stat. 3398, §44737; renumbered §44740 and amended Pub. L. 116–260, div. V, title I,
§107(d)(1), (3), Dec. 27, 2020, 134 Stat. 2326.)
Editorial Notes

Amendments
2020—Pub. L. 116–260, §107(d)(3)(A), struck out period after "operations" in section catchline.
Pub. L. 116–260, §107(d)(1), renumbered section 44737 of this title as this section.
Subsec. (a)(1). Pub. L. 116–260, §107(d)(3)(B), substituted "section" for "chapter".
Subsec. (b)(1). Pub. L. 116–260, §107(d)(3)(C), struck out "(1)" the second time appearing before "The" in introductory provisions.
Subsec. (c)(2). Pub. L. 116–260, §107(d)(3)(D), inserted period at end.
Statutory Notes and Related Subsidiaries

Rule of Construction Relating to Role of NASA
Pub. L. 115–254, div. B, title V, §581(b)(3), Oct. 5, 2018, 132 Stat. 3399, provided that: "Nothing in this subsection [enacting this section] shall
be construed as limiting the ability of [the] National Aeronautics and Space Administration (NASA) to place conditions on or otherwise qualify

the operations of NASA contractors providing NASA services."

§44741. Approval of organization designation authorization unit members
(a) In General.—Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder
engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of
the Federal Aviation Administration under section 44702(d)—
(1) shall be—
(A) an employee, a contractor, or a consultant of the ODA holder; or
(B) the employee of a supplier of the ODA holder; and
(2) may not become a member of such unit unless approved by the Administrator pursuant to this section.
(b) Process and Timeline.—
(1) In general.—The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under
this section.
(2) Process.—An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become an
ODA unit member under this section. The application shall be submitted in such form and manner as the Administrator determines appropriate. The
Administrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individual's qualifications under
subsection (c).
(3) Timeline.—The Administrator shall approve or reject an individual that is selected by an ODA holder to become an ODA unit member under this section
not later than 30 days after the receipt of an application by an ODA holder.
(4) Documentation of approval.—Upon approval of an individual to become an ODA unit member under this section, the Administrator shall provide such
individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.
(5) Reapplication.—An ODA holder may submit an application under this subsection for an individual to become an ODA unit member under this section
regardless of whether an application for such individual was previously rejected by the Administrator.
(c) Qualifications.—
(1) In general.—The Administrator shall issue minimum qualifications for an individual to become an ODA unit member under this section. In issuing such
qualifications, the Administrator shall consider existing qualifications for Administration employees with similar duties and whether such individual—
(A) is technically proficient and qualified to perform the authorized functions sought;
(B) has no recent record of serious enforcement action, as determined by the Administrator, taken by the Administrator with respect to any certificate,
approval, or authorization held by such individual;
(C) is of good moral character (as such qualification is applied to an applicant for an airline transport pilot certificate issued under section 44703);
(D) possesses the knowledge of applicable design or production requirements in this chapter and in title 14, Code of Federal Regulations, necessary for
performance of the authorized functions sought;
(E) possesses a high degree of knowledge of applicable design or production principles, system safety principles, or safety risk management processes
appropriate for the authorized functions sought; and
(F) meets such testing, examination, training, or other qualification standards as the Administrator determines are necessary to ensure the individual is
competent and capable of performing the authorized functions sought.
(2) Previously rejected application.—In reviewing an application for an individual to become an ODA unit member under this section, if an application
for such individual was previously rejected, the Administrator shall ensure that the reasons for the prior rejection have been resolved or mitigated to the
Administrator's satisfaction before making a determination on the individual's reapplication.
(d) Rescission of Approval.—The Administrator may rescind an approval of an individual as an ODA unit member granted pursuant to this section at any
time and for any reason the Administrator considers appropriate. The Administrator shall develop procedures to provide for notice and opportunity to appeal

rescission decisions made by the Administrator. Such decisions by the Administrator are not subject to judicial review.
(e) Conditional Selections.—
(1) In general.—Subject to the requirements of this subsection, the Administrator may authorize an ODA holder to conditionally designate an individual to
perform the functions of an ODA unit member for a period of not more than 30 days (beginning on the date an application for such individual is submitted
under subsection (b)(2)).
(2) Required determination.—The Administrator may not make an authorization under paragraph (1) unless—
(A) the ODA holder has instituted, to the Administrator's satisfaction, systems and processes to ensure the integrity and reliability of determinations by
conditionally-designated ODA unit members; and
(B) the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the
Aircraft Certification, Safety, and Accountability Act.
(3) Final determination.—The Administrator shall approve or reject the application for an individual designated under paragraph (1) in accordance with the
timeline and procedures described in subsection (b).
(4) Rejection and review.—If the Administrator rejects the application submitted under subsection (b)(2) for an individual conditionally designated under
paragraph (1), the Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such individual during
the period such individual served as a conditional designee.
(5) Prohibitions.—Notwithstanding the requirements of paragraph (2), the Administrator may prohibit an ODA holder from making conditional designations
of individuals as ODA unit members under this subsection at any time for any reason the Administrator considers appropriate. The Administrator may prohibit
any conditionally designated individual from performing an authorized function at any time for any reason the Administrator considers appropriate.
(f) Records and Briefings.—
(1) In general.—Beginning on the date described in subsection (a), an ODA holder shall maintain, for a period to be determined by the Administrator and
with proper protections to ensure the security of sensitive and personal information—
(A) any data, applications, records, or manuals required by the ODA holder's approved procedures manual, as determined by the Administrator;
(B) the names, responsibilities, qualifications, and example signature of each member of the ODA unit who performs an authorized function pursuant to a
delegation by the Administrator under section 44702(d);
(C) training records for ODA unit members and ODA administrators; and
(D) any other data, applications, records, or manuals determined appropriate by the Administrator.
(2) Congressional briefing.—Not later than 90 days after the date of enactment of this section, and every 90 days thereafter through September 30,
2023, the Administrator shall provide a briefing 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 and effects of this section, including—
(A) the Administration's performance in completing reviews of individuals and approving or denying such individuals within the timeline required under
subsection (b)(3);
(B) for any individual rejected by the Administrator under subsection (b) during the preceding 90-day period, the reasoning or basis for such rejection; and
(C) any resource, staffing, or other challenges within the Administration associated with implementation of this section.
(g) Special Review of Qualifications.—
(1) In general.—Not later than 30 days after the issuance of minimum qualifications under subsection (c), the Administrator shall initiate a review of the
qualifications of each individual who on the date on which such minimum qualifications are issued is an ODA unit member of a holder of a type certificate for a
transport airplane to ensure such individual meets the minimum qualifications issued by the Administrator under subsection (c).
(2) Unqualified individual.—For any individual who is determined by the Administrator not to meet such minimum qualifications pursuant to the review
conducted under paragraph (1), the Administrator—
(A) shall determine whether the lack of qualification may be remedied and, if so, provide such individual with an action plan or schedule for such individual
to meet such qualifications; or
(B) may, if the Administrator determines the lack of qualification may not be remedied, take appropriate action, including prohibiting such individual from
performing an authorized function.

(3) Deadline.—The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was
initiated.
(4) Savings clause.—An individual approved to become an ODA unit member of a holder of a type certificate for a transport airplane under subsection (a)
shall not be subject to the review under this subsection.
(h) Prohibition.—The Administrator may not authorize an organization or ODA holder to approve an individual selected by an ODA holder to become an
ODA unit member under this section.
(i) Definitions.—
(1) General applicability.—The definitions contained in section 44736(c) shall apply to this section.
(2) Transport airplane.—The term "transport airplane" means a transport category airplane designed for operation by an air carrier or foreign air carrier
type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.
(j) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through
2023.
(Added Pub. L. 116–260, div. V, title I, §107(a), Dec. 27, 2020, 134 Stat. 2320.)

References in Text
Section 102 of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (e)(2)(B), is section 102 of title I of Pub. L. 116–
260, div. V, Dec. 27, 2020, 134 Stat. 2309. Section 102(a)–(f) of Pub. L. 116–260 is set out as a note under section 44701 of this title, and section
102(g) of Pub. L. 116–260 amended section 44735 of this title.
The date of enactment of this section, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27,
2020.

§44742. Interference with the duties of organization designation authorization unit members
(a) In General.—The Administrator of the Federal Aviation Administration shall continuously seek to eliminate or minimize interference by an ODA holder that
affects the performance of authorized functions by ODA unit members.
(b) Prohibition.—
(1) In general.—It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane to
commit an act of interference with an ODA unit member's performance of authorized functions.
(2) Civil penalty.—
(A) Individuals.—An individual shall be subject to a civil penalty under section 46301(a)(1) for each violation under paragraph (1).
(B) Savings clause.—Nothing in this paragraph shall be construed as limiting or constricting any other authority of the Administrator to pursue an
enforcement action against an individual or organization for violation of applicable Federal laws or regulations of the Administration.
(c) Reporting.—
(1) Reports to oda holder.—An ODA unit member of an ODA holder that manufactures a transport category airplane shall promptly report any instances
of interference to the office of the ODA holder that is designated to receive such reports.
(2) Reports to the faa.—
(A) In general.—The ODA holder office described in paragraph (1) shall investigate reports and submit to the office of the Administration designated by
the Administrator to accept and review such reports any instances of interference reported under paragraph (1).
(B) Contents.—The Administrator shall prescribe parameters for the submission of reports to the Administration under this paragraph, including the
manner, time, and form of submission. Such report shall include the results of any investigation conducted by the ODA holder in response to a report of
interference, a description of any action taken by the ODA holder as a result of the report of interference, and any other information or potentially mitigating
factors the ODA holder or the Administrator deems appropriate.

(d) Definitions.—
(1) General applicability.—The definitions contained in section 44736(c) shall apply to this section.
(2) Interference.—In this section, the term "interference" means—
(A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to
improperly influence or prejudice an ODA unit member's performance of his or her duties; or
(B) the presence of non-ODA unit duties or activities that conflict with the performance of authorized functions by ODA unit members.
(Added Pub. L. 116–260, div. V, title I, §107(a), Dec. 27, 2020, 134 Stat. 2323.)

§44743. Pilot training requirements
(a) In General.—
(1) Administrator's determination.—In establishing any pilot training requirements with respect to a new transport airplane, the Administrator of the
Federal Aviation Administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope, format, or minimum
level of training required for operation of such airplane.
(2) Assurances and marketing representations.—Before the Administrator has established applicable training requirements, an applicant for a new or
amended type certificate for an airplane described in paragraph (1) may not, with respect to the scope, format, or magnitude of pilot training for such airplane
—
(A) make any assurance or other contractual commitment, whether verbal or in writing, to a potential purchaser of such airplane unless a clear and
conspicuous disclaimer (as defined by the Administrator) is included regarding the status of training required for operation of such airplane; or
(B) provide financial incentives (including rebates) to a potential purchaser of such airplane regarding the scope, format, or magnitude of pilot training for
such airplane.
(b) Pilot Response Time.—Beginning on the day after the date on which regulations are issued under section 119(c)(6) of the Aircraft Certification, Safety,
and Accountability Act, the Administrator may not issue a new or amended type certificate for an airplane described in subsection (a) unless the applicant for
such certificate has demonstrated to the Administrator that the applicant has accounted for realistic assumptions regarding the time for pilot responses to nonnormal conditions in designing the systems and instrumentation of such airplane. Such assumptions shall—
(1) be based on test data, analysis, or other technical validation methods; and
(2) account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time.
(c) Definition.—In this section, the term "transport airplane" means a transport category airplane designed for operation by an air carrier or foreign air carrier
type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.
(Added Pub. L. 116–260, div. V, title I, §119(a), Dec. 27, 2020, 134 Stat. 2338.)

References in Text
Section 119(c) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (b), is section 119(c) of title I of Pub. L. 116–

260, div. V, Dec. 27, 2020, 134 Stat. 2339, which is set out as a note under section 44704 of this title.

CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS
Sec.

44801.
44802.
44803.

Definitions.
Integration of civil unmanned aircraft systems into national airspace system.
Unmanned aircraft system test ranges.1

44804.
44805.

Small unmanned aircraft in the Arctic.

Small unmanned aircraft safety standards.1
44806.
Public unmanned aircraft systems.
44807.
Special authority for certain unmanned aircraft systems.
44808.
Carriage of property by small unmanned aircraft systems for compensation or hire.
44809.
Exception for limited recreational operations of unmanned aircraft.
44810.
Airport safety and airspace hazard mitigation and enforcement.
Editorial Notes

Amendments
2018—Pub. L. 115–254, div. B, title III, §§343(b), 344(b), 345(c), 346(b)(1), 347(b)(1), 348(b), 349(b)(1), 383(b)(1), Oct. 5, 2018, 132 Stat. 3290,
3291, 3293, 3295-3297, 3300, 3322, added items 44803 to 44810.
1 So in original. Does not conform to section catchline.

§44801. Definitions
In this chapter, the following definitions apply:
(1) Actively tethered unmanned aircraft system.—The term "actively tethered unmanned aircraft system" means an unmanned aircraft system in
which the unmanned aircraft component—
(A) weighs 4.4 pounds or less, including payload but not including the tether;
(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is
unlikely to be separated from the unmanned aircraft; and
(C) is controlled and retrieved by such ground station through physical manipulation of the tether.
(2) Appropriate committees of congress.—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.
(3) Arctic.—The term "Arctic" means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
(4) Certificate of waiver; certificate of authorization.—The terms "certificate of waiver" and "certificate of authorization" mean a Federal Aviation
Administration grant of approval for a specific flight operation.
(5) Counter-UAS system.—The term "counter-UAS system" means a system or device capable of lawfully and safely disabling, disrupting, or seizing
control of an unmanned aircraft or unmanned aircraft system.
(6) Permanent areas.—The term "permanent areas" means areas on land or water that provide for launch, recovery, and operation of small unmanned
aircraft.
(7) Public unmanned aircraft system.—The term "public unmanned aircraft system" means an unmanned aircraft system that meets the qualifications
and conditions required for operation of a public aircraft.
(8) Sense and avoid capability.—The term "sense and avoid capability" means the capability of an unmanned aircraft to remain a safe distance from and
to avoid collisions with other airborne aircraft, structures on the ground, and other objects.
(9) Small unmanned aircraft.—The term "small unmanned aircraft" means an unmanned aircraft weighing less than 55 pounds, including the weight of
anything attached to or carried by the aircraft.
(10) Test range.—The term "test range" means a defined geographic area where research and development are conducted as authorized by the
Administrator of the Federal Aviation Administration, and includes any of the 6 test ranges established by the Administrator under section 332(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018,
and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.
(11) Unmanned aircraft.—The term "unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within
or on the aircraft.
(12) Unmanned aircraft system.—The term "unmanned aircraft system" means an unmanned aircraft and associated elements (including communication
links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.

(13) UTM.—The term "UTM" means an unmanned aircraft system traffic management system or service."
(Added Pub. L. 115–254, div. B, title III, §341(a), Oct. 5, 2018, 132 Stat. 3284.)
Editorial Notes

References in Text
Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment
of the FAA Reauthorization Act of 2018, referred to in par. (10), means section 332(c) of Pub. L. 112–95, as in effect on the day before the date
of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018. Section 332 of Pub. L. 112–95 was set out in a note under section 40101 of this
title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The remainder of the note comprised of subtitle B
of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.
Statutory Notes and Related Subsidiaries

Unmanned Aircraft Systems Privacy Policy
Pub. L. 115–254, div. B, title III, §357, Oct. 5, 2018, 132 Stat. 3305, provided that: "It is the policy of the United States that the operation of any
unmanned aircraft or unmanned aircraft system shall be carried out in a manner that respects and protects personal privacy consistent with
the United States Constitution and Federal, State, and local law."

Strategy for Responding to Public Safety Threats and Enforcement Utility of Unmanned Aircraft
Systems
Pub. L. 115–254, div. B, title III, §366, Oct. 5, 2018, 132 Stat. 3310, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation

Administration shall develop a comprehensive strategy to provide outreach to State and local governments and provide guidance for local law
enforcement agencies and first responders with respect to—
"(1) how to identify and respond to public safety threats posed by unmanned aircraft systems; and
"(2) how to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law
enforcement agencies and first responders.
"(b) Resources.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a publicly available
Internet website that contains resources for State and local law enforcement agencies and first responders seeking—
"(1) to respond to public safety threats posed by unmanned aircraft systems; and
"(2) to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law
enforcement agencies and public safety response efforts.
"(c) Unmanned Aircraft System Defined.—In this section, the term 'unmanned aircraft system' has the meaning given that term in section
44801 of title 49, United States Code, as added by this Act."

Federal Trade Commission Authority
Pub. L. 115–254, div. B, title III, §375, Oct. 5, 2018, 132 Stat. 3314, provided that:
"(a) In General.—A violation of a privacy policy by a person that uses an unmanned aircraft system for compensation or hire, or in the

furtherance of a business enterprise, in the national airspace system shall be an unfair and deceptive practice in violation of section 5(a) of the
Federal Trade Commission Act (15 U.S.C. 45(a)).
"(b) Definitions.—In this section, the terms 'unmanned aircraft' and 'unmanned aircraft system' have the meanings given those terms in
section 44801 of title 49, United States Code."

Commercial and Governmental Operators
Pub. L. 115–254, div. B, title III, §379, Oct. 5, 2018, 132 Stat. 3318, provided that:
"(a) In General.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration] shall, to the extent practicable and consistent with applicable law, make available in a single location on the website of the
Department of Transportation:
"(1) Any certificate of waiver or authorization issued by the Administration to Federal, State, tribal or local governments for the operation
of unmanned aircraft systems within 30 days of issuance of such certificate of waiver or authorization.
"(2) A spreadsheet of UAS registrations, including the city, state [probably should be "State"], and zip code of each registered drone
owner, on its website that is updated once per quarter each calendar year.
"(3) Summary descriptions and general purposes of public unmanned aircraft operations, including the locations where such unmanned
aircraft may generally operate.
"(4) Summary descriptions of common civil unmanned aircraft operations.
"(5) The expiration date of any authorization of public or civil unmanned aircraft operations.
"(6) Links to websites of State agencies that enforce any applicable privacy laws.
"(7) For any unmanned aircraft system, except with respect to any operation protected by the First Amendment to the Constitution of
the United States, that will collect personally identifiable information about individuals, including the use of facial recognition—
"(A) the circumstance under which the system will be used;
"(B) the specific kinds of personally identifiable information that the system will collect about individuals; and
"(C) how the information referred to in subparagraph (B), and the conclusions drawn from such information, will be used, disclosed,
and otherwise handled, including—
"(i) how the collection or retention of such information that is unrelated to the specific use will be minimized;
"(ii) under what circumstances such information might be sold, leased, or otherwise provided to third parties;
"(iii) the period during which such information will be retained;
"(iv) when and how such information, including information no longer relevant to the specified use, will be destroyed; and
"(v) steps that will be used to protect against the unauthorized disclosure of any information or data, such as the use of
encryption methods and other security features.
"(8) With respect to public unmanned aircraft systems—
"(A) the locations where the unmanned aircraft system will operate;
"(B) the time during which the unmanned aircraft system will operate;
"(C) the general purpose of the flight; and
"(D) the technical capabilities that the unmanned aircraft system possesses.
"(b) Exceptions.—The Administrator shall not disclose information pursuant to subsection (a) if the Administrator determines that the release
of such information—
"(1) is not applicable;
"(2) is not practicable, including when the information is not available to the Administrator;
"(3) is not in compliance with applicable law;
"(4) would compromise national defense, homeland security or law enforcement activity;
"(5) would be withheld pursuant to an exception of the [sic] section 552 of title 5, United States Code (commonly known as the 'Freedom of
Information Act'); or
"(6) is otherwise contrary to the public interest.
"(c) Sunset.—This section will cease to be effective on the date that is the earlier of—
"(1) the date of publication of a Notice of Proposed Rulemaking or guidance regarding remote identification standards under section
2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615 [629]) [49 U.S.C. 44802 note]; or
"(2) September 30, 2023."

§44802. Integration of civil unmanned aircraft systems into national airspace system
(a) Required Planning for Integration.—
(1) Comprehensive plan.—Not later than November 10, 2012,1 the Secretary of Transportation, in consultation with representatives of the aviation
industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry,
shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.
(2) Contents of plan.—The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on—
(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—
(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;
(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and
(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for
registration and licensing;
(B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft
systems in the national airspace system;
(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;
(D) a timeline for the phased-in approach described under subparagraph (C);
(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;
(F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges
where such systems are subject to testing;
(G) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national
airspace system; and
(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.
(3) Deadline.—The plan required under paragraph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace
system as soon as practicable, but not later than September 30, 2015.1
(4) Report to congress.—Not later than February 14, 2013,1 the Secretary shall submit to Congress a copy of the plan required under paragraph (1).
(5) Roadmap.—Not later than February 14, 2013,1 the Secretary shall approve and make available in print and on the Administration's internet website a 5year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program
Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA)
and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum—
(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems
integration into the national airspace system, including an identification of—
(i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;
(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and
(iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national
airspace system, as appropriate;
(B) a description of how the Administration plans to use research and development, including research and development conducted through NASA's
Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the
national airspace system;
(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these
performance abilities can be demonstrated; and
(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including
decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.

(b) Rulemaking.—Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)
(4), the Secretary shall publish in the Federal Register—
(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the
systems do not meet the requirements for expedited operational authorization under section 44807;
(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not
later than 16 months after the date of publication of the notice; and
(3) an update to the Administration's most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714.
(Added Pub. L. 115–254, div. B, title III, §341(a), Oct. 5, 2018, 132 Stat. 3285.)
Editorial Notes

Prior Provisions
Provisions similar to those in this section were contained in section 332(a) and (b) of Pub. L. 112–95, which was set out in a note under section
40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The dates in subsec. (a)(1) and (3) to
(5) reflect those enacted by Pub. L. 112–95, which all precede the date of the enactment of this section by Pub. L. 115–254. The remainder of the
note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out below.
Statutory Notes and Related Subsidiaries

Drone Advisory Committee for the 21st Century
Pub. L. 116–280, Dec. 31, 2020, 134 Stat. 3379, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Drone Advisory Committee for the 21st Century Act'.
"SEC. 2. SENSE OF CONGRESS.
"It is the Sense of Congress that:
"(1) Due to the ever-increasing use of Unmanned Aircraft Systems in the agriculture, forestry, and rangeland sectors, as well as the
inherently different uses in less populated parts of the nation, membership of the Drone Advisory Committee established by the Federal
Aviation Administration should, to the extent practicable, include direct representatives from county and tribal government, agriculture,
forestry, and rangeland interests.
"(2) Full transparency in the work of the Drone Advisory Committee is vital to ensuring the public can effectively participate and
contribute to the development of sound Federal policies. The Administrator of the Federal Aviation Administration should, to the maximum
extent practicable, ensure the work of the Drone Advisory Committee is shared with and easily accessible to the public and shall ensure
transparency and openness in the manner in which the affairs of the Committee are conducted.
"SEC. 3. DRONE ADVISORY COMMITTEE MEMBERSHIP.
"(1) In general.—The Federal Aviation Administration shall take appropriate steps to encourage direct representation of county and tribal
governments as well as agriculture, forestry, rangeland sectors, and other rural interests on the Drone Advisory Committee.
"(2) Public participation.—To the maximum extent practicable, the Administrator shall include public participation in the process of
nominating individuals for membership on the Committee."

Update of FAA Comprehensive Plan
Pub. L. 115–254, div. B, title III, §342, Oct. 5, 2018, 132 Stat. 3287, provided that:

"(a) In General.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall update
the comprehensive plan described in section 44802 of title 49, United States Code, to develop a concept of operations for the integration of
unmanned aircraft into the national airspace system.
"(b) Considerations.—In carrying out the update under subsection (a), the Secretary shall consider, at a minimum—
"(1) the potential use of UTM and other technologies to ensure the safe and lawful operation of unmanned aircraft in the national
airspace system;
"(2) the appropriate roles, responsibilities, and authorities of government agencies and the private sector in identifying and reporting
unlawful or harmful operations and operators of unmanned aircraft;
"(3) the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of
unmanned aircraft; and
"(4) appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate risks and hazards posed by
unlawful or harmful operations of unmanned aircraft systems.
"(c) Consultation.—The Secretary shall carry out the update under subsection (a) in consultation with representatives of the aviation
industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft
systems industry.
"(d) Program Alignment Report.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary 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 that describes a strategy to—
"(1) avoid duplication;
"(2) leverage capabilities learned across programs;
"(3) support the safe integration of UAS into the national airspace; and
"(4) systematically and timely implement or execute—
"(A) commercially-operated Low Altitude Authorization and Notification Capability;
"(B) the Unmanned Aircraft System Integration Pilot Program; and
"(C) the Unmanned Traffic Management Pilot Program."

Unmanned Aircraft Systems Integration Pilot Program
Pub. L. 115–254, div. B, title III, §351, Oct. 5, 2018, 132 Stat. 3301, provided that:
"(a) Authority.—The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the

October 25, 2017 Presidential Memorandum entitled 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal
Register 50301 [set out below].
"(b) Applications.—The Secretary shall accept applications from State, local, and Tribal governments, in partnership with unmanned aircraft
system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS operations into the lowaltitude national airspace system.
"(c) Objectives.—The purpose of the pilot program is to accelerate existing UAS integration plans by working to solve technical, regulatory,
and policy challenges, while enabling advanced UAS operations in select areas subject to ongoing safety oversight and cooperation between
the Federal Government and applicable State, local, or Tribal jurisdictions, in order to—
"(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations
in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors;
"(2) address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to
human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law
enforcement to enable law enforcement to determine if a UAS operation poses such a risk;
"(3) promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture,
emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the
deployment of UAS; and
"(4) identify the most effective models of balancing local and national interests in UAS integration.

"(d) Application Submission.—The Secretary shall establish application requirements and require applicants to include the following
information:
"(1) Identification of the airspace to be used, including shape files and altitudes.
"(2) Description of the types of planned operations.
"(3) Identification of stakeholder partners to test and evaluate planned operations.
"(4) Identification of available infrastructure to support planned operations.
"(5) Description of experience with UAS operations and regulations.
"(6) Description of existing UAS operator and any other stakeholder partnerships and experience.
"(7) Description of plans to address safety, security, competition, privacy concerns, and community outreach.
"(e) Monitoring and Enforcement of Limitations.—
"(1) In general.—Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the
jurisdiction.
"(2) Savings provision.—Nothing in paragraph (1) may be construed to prevent the Secretary from enforcing Federal law.
"(3) Examples of limitations.—Limitations under this section may include—
"(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as
daylight hours, sufficient to ensure reasonable airspace access;
"(B) establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road[s] and
parks, sidewalks or private property based on zoning density, or other land use considerations;
"(C) requiring notice to public safety or zoning or land use authorities before operating; and
"(D) prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades
and running events).
"(f) Selection Criteria.—In making determinations, the Secretary shall evaluate whether applications meet or exceed the following criteria:
"(1) Overall economic, geographic, and climatic diversity of the selected jurisdictions.
"(2) Overall diversity of the proposed models of government involvement.
"(3) Overall diversity of the UAS operations to be conducted.
"(4) The location of critical infrastructure.
"(5) The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a
result of further integration of UAS into the NAS.
"(6) The involvement of affected communities in, and their support for, participating in the pilot program.
"(7) The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national
defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns.
"(8) The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
"(A) Promoting innovation and economic development.
"(B) Enhancing transportation safety.
"(C) Enhancing workplace safety.
"(D) Improving emergency response and search and rescue functions.
"(E) Using radio spectrum efficiently and competitively.
"(g) Implementation.—The Secretary shall use the data collected and experience gained over the course of this pilot program to—
"(1) identify and resolve technical challenges to UAS integration;
"(2) address airspace use to safely and efficiently integrate all aircraft;
"(3) inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude
performance, and command and control link);
"(4) inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and
beyond visual line of sight); and
"(5) address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal
Government entities, and privacy issues.

"(h) Notification.—Prior to initiating any additional rounds of agreements with State, local, or Tribal governments as part of the pilot program
established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on
Appropriations in the Senate.
"(i) Sunset.—The pilot program established under subsection (a) shall terminate 3 years after the date on which the memorandum
referenced in subsection (a) is signed by the President [Oct. 25, 2017].
"(j) Savings Clause.—Nothing in this section shall affect any proposals, selections, imposition of conditions, operations, or other decisions
made—
"(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled 'Unmanned
Aircraft Systems Integration Pilot Program', as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and
"(2) prior to the date of enactment of this Act [Oct. 5, 2018].
"(k) Definitions.—In this section:
"(1) The term 'Lead Applicant' means an eligible State, local or Tribal government that has submitted a timely application.
"(2) The term 'NAS' means the low-altitude national airspace system.
"(3) The term 'UAS' means unmanned aircraft system."

Part 107 Transparency and Technology Improvements
Pub. L. 115–254, div. B, title III, §352, Oct. 5, 2018, 132 Stat. 3304, provided that:
"(a) Transparency.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration] shall publish on the FAA [Federal Aviation Administration] website a representative sample of the safety justifications, offered
by applicants for small unmanned aircraft system waivers and airspace authorizations, that have been approved by the Administration for each
regulation waived or class of airspace authorized, except that any published justification shall not reveal proprietary or commercially sensitive
information.
"(b) Technology Improvements.—Not later than 90 days after the date of enactment of this Act, the Administrator shall revise the online
waiver and certificates of authorization processes—
"(1) to provide real time confirmation that an application filed online has been received by the Administration; and
"(2) to provide an applicant with an opportunity to review the status of the applicant's application."

Emergency Exemption Process
Pub. L. 115–254, div. B, title III, §353, Oct. 5, 2018, 132 Stat. 3304, provided that:
"(a) Sense of Congress.—It is the sense of Congress that the use of unmanned aircraft systems by civil and public operators—

"(1) is an increasingly important tool in response to a catastrophe, disaster, or other emergency;
"(2) helps facilitate emergency response operations, such as firefighting and search and rescue; and
"(3) helps facilitate post-catastrophic response operations, such as utility and infrastructure restoration efforts and the safe and prompt
processing, adjustment, and payment of insurance claims.
"(b) Updates.—The Administrator [of the Federal Aviation Administration] shall, as necessary, update and improve the Special Government
Interest process described in chapter 7 of Federal Aviation Administration Order JO 7200.23A to ensure that civil and public operators,
including local law enforcement agencies and first responders, continue to use unmanned aircraft system operations quickly and efficiently in
response to a catastrophe, disaster, or other emergency.
"(c) Best Practices.—The Administrator shall develop best practices for the use of unmanned aircraft systems by States and localities to
respond to a catastrophe, disaster, or other emergency response and recovery operation."

Treatment of Unmanned Aircraft Operating Underground
Pub. L. 115–254, div. B, title III, §354, Oct. 5, 2018, 132 Stat. 3305, provided that: "An unmanned aircraft system that is operated underground
for mining purposes shall not be subject to regulation or enforcement by the FAA [Federal Aviation Administration] under title 49, United States

Code."

Prohibition Regarding Weapons
Pub. L. 115–254, div. B, title III, §363, Oct. 5, 2018, 132 Stat. 3308, provided that:
"(a) In General.—Unless authorized by the Administrator [of the Federal Aviation Administration], a person may not operate an unmanned

aircraft or unmanned aircraft system that is equipped or armed with a dangerous weapon.
"(b) Dangerous Weapon Defined.—In this section, the term 'dangerous weapon' has the meaning given that term in section 930(g)(2) of title 18,
United States Code.
"(c) Penalty.—A person who violates this section is liable to the United States Government for a civil penalty of not more than $25,000 for
each violation."

Plan for Full Operational Capability of Unmanned Aircraft Systems Traffic Management
Pub. L. 115–254, div. B, title III, §376, Oct. 5, 2018, 132 Stat. 3314, provided that:
"(a) In General.—In conjunction with completing the requirements of section 2208 of the FAA Extension, Safety, and Security Act of 2016
[Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), subject to subsection (b) of this section, the Administrator [of the Federal

Aviation Administration], in coordination with the Administrator of the National Aeronautics and Space Administration, and in consultation with
unmanned aircraft systems industry stakeholders, shall develop a plan to allow for the implementation of unmanned aircraft systems traffic
management (UTM) services that expand operations beyond visual line of sight, have full operational capability, and ensure the safety and
security of all aircraft.
"(b) Completion of UTM System Pilot Program.—The Administrator shall ensure that the UTM system pilot program, as established in
section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), is
conducted to meet the following objectives of a comprehensive UTM system by the conclusion of the pilot program:
"(1) In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders,
allow testing of unmanned aircraft operations, of increasing volumes and density, in airspace above test ranges, as such term is defined in
section 44801 of title 49, United States Code, as well as other sites determined by the Administrator to be suitable for UTM testing, including
those locations selected under the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft
Systems Integration Pilot Program' and described in 82 Federal Register 50301 [set out below].
"(2) Permit the testing of various remote identification and tracking technologies evaluated by the Unmanned Aircraft Systems
Identification and Tracking Aviation Rulemaking Committee.
"(3) Where the particular operational environment permits, permit blanket waiver authority to allow any unmanned aircraft approved by
a UTM system pilot program selectee to be operated under conditions currently requiring a case-by-case waiver under part 107, title 14,
Code of Federal Regulations, provided that any blanket waiver addresses risks to airborne objects as well as persons and property on the
ground.
"(c) Implementation Plan Contents.—The plan required by subsection (a) shall—
"(1) include the development of safety standards to permit, authorize, or allow the use of UTM services, which may include the
demonstration and validation of such services at the test ranges, as defined in section 44801 of title 49, United States Code, or other sites as
authorized by the Administrator;
"(2) outline the roles and responsibilities of industry and government in establishing UTM services that allow applicants to conduct
commercial and noncommercial operations, recognizing the primary private sector role in the development and implementation of the Low
Altitude Authorization and Notification Capability and future expanded UTM services;
"(3) include an assessment of various components required for necessary risk reduction and mitigation in relation to the use of UTM
services, including—
"(A) remote identification of both cooperative and non-cooperative unmanned aircraft systems in the national airspace system;
"(B) deconfliction of cooperative unmanned aircraft systems in the national airspace system by such services;
"(C) the manner in which the Federal Aviation Administration will conduct oversight of UTM systems, including interfaces between
UTM service providers and air traffic control;

"(D) the need for additional technologies to detect cooperative and non-cooperative aircraft;
"(E) collaboration and coordination with air traffic control, or management services and technologies to ensure the safety oversight
of manned and unmanned aircraft, including—
"(i) the Federal Aviation Administration responsibilities to collect and disseminate relevant data to UTM service providers; and
"(ii) data exchange protocols to share UAS operator intent, operational approvals, operational restraints, and other data
necessary to ensure safety or security of the National Airspace System;
"(F) the potential for UTM services to manage unmanned aircraft systems carrying either cargo, payload, or passengers, weighing
more than 55 pounds, and operating at altitudes higher than 400 feet above ground level; and
"(G) cybersecurity protections, data integrity, and national and homeland security benefits; and
"(4) establish a process for—
"(A) accepting applications for operation of UTM services in the national airspace system;
"(B) setting the standards for independent private sector validation and verification that the standards for UTM services established
pursuant to paragraph (1) enabling operations beyond visual line of sight, have been met by applicants; and
"(C) notifying the applicant, not later than 120 days after the Administrator receives a complete application, with a written approval,
disapproval, or request to modify the application.
"(d) Safety Standards.—In developing the safety standards in subsection (c)(1), the Administrator—
"(1) shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft operations that occur primarily or
exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D
of part 107 of title 14, Code of Federal Regulations;
"(2) shall consider, as appropriate—
"(A) protection of persons and property on the ground;
"(B) remote identification and tracking of aircraft;
"(C) collision avoidance with respect to obstacles and non-cooperative aircraft;
"(D) deconfliction of cooperative aircraft and integration of other relevant airspace considerations;
"(E) right of way rules, inclusive of UAS operations;
"(F) safe and reliable coordination between air traffic control and other systems operated in the national airspace system;
"(G) detection of non-cooperative aircraft;
"(H) geographic and local factors including but not limited to terrain, buildings and structures;
"(I) aircraft equipage; and
"(J) qualifications, if any, necessary to operate UTM services; and
"(3) may establish temporary flight restrictions or other means available such as a certificate of waiver or authorization (COA) for
demonstration and validation of UTM services.
"(e) Revocation.—The Administrator may revoke the permission, authorization, or approval for the operation of UTM services if the
Administrator determines that the services or its operator are no longer in compliance with applicable safety standards.
"(f) Low-risk Areas.—The Administrator shall establish expedited procedures for approval of UTM services operated in—
"(1) airspace away from congested areas; or
"(2) other airspace above areas in which operations of unmanned aircraft pose low risk, as determined by the Administrator.
"(g) Consultation.—In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate.
"(h) Sense of Congress.—It is the sense of Congress that, in developing the safety standards for UTM services, the Federal Aviation
Administration shall consider ongoing research and development efforts on UTM services conducted by—
"(1) the National Aeronautics and Space Administration in partnership with industry stakeholders;
"(2) the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49
U.S.C. 40101 note [now 49 U.S.C. 44802 note]); and
"(3) the participants in the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft
Systems Integration Pilot Program' and described in 82 Federal Register 50301.

"(i) Deadline.—Not later than 1 year after the date of conclusion of the UTM pilot program established in section 2208 of the FAA Extension,
Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), the Administrator shall—
"(1) complete the plan required by subsection (a);
"(2) submit the plan to—
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of
Representatives; and
"(3) publish the plan on a publicly accessible Internet website of the Federal Aviation Administration."

Early Implementation of Certain UTM Services
Pub. L. 115–254, div. B, title III, §377, Oct. 5, 2018, 132 Stat. 3317, provided that:
"(a) In General.—Not later than 120 days after the date of the enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration] shall, upon request of a UTM service provider, determine if certain UTM services may operate safely in the national airspace
system before completion of the implementation plan required by section 376 [set out above].
"(b) Assessment of UTM Services.—In making the determination under subsection (a), the Administrator shall assess, at a minimum,
whether the proposed UTM services, as a result of their operational capabilities, reliability, intended use, areas of operation, and the
characteristics of the aircraft involved, will maintain the safety and efficiency of the national airspace system and address any identified risks to
manned or unmanned aircraft and persons and property on the ground.
"(c) Requirements for Safe Operation.—If the Administrator determines that certain UTM services may operate safely in the national
airspace system, the Administrator shall establish requirements for their safe operation in the national airspace system.
"(d) Expedited Procedures.—The Administrator shall provide expedited procedures for making the assessment and determinations under
this section where the UTM services will be provided primarily or exclusively in airspace above areas in which the operation of unmanned
aircraft poses low risk, including but not limited to croplands and areas other than congested areas.
"(e) Consultation.—In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate.
"(f) Preexisting UTM Services Approvals.—Nothing in this Act [see Tables for classification] shall affect or delay approvals, waivers, or
exemptions granted by the Administrator for UTM services already in existence or approved by the Administrator prior to the date of enactment
of this Act [Oct. 5, 2018], including approvals under the Low Altitude Authorization and Notification Capability."

Transition Language
Pub. L. 115–254, div. B, title III, §380, Oct. 5, 2018, 132 Stat. 3319, provided that:
"(a) Regulations.—Notwithstanding the repeals under sections 341, 348 [probably should be "346"], 347, and 383 of this Act [repealing the

provisions listed in subsec. (b)(1) to (4) below], all orders, determinations, rules, regulations, permits, grants, and contracts, which have been
issued under any law described under subsection (b) of this section before the effective date of this Act [probably means Oct. 5, 2018, the date
of enactment of Pub. L. 115–254] shall continue in effect until modified or revoked by the Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, as applicable, by a court of competent jurisdiction, or by operation of law other than this
Act [see Tables for classification].
"(b) Laws Described.—The laws described under this subsection are as follows:
"(1) Section 332 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note).
"(2) Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
"(3) Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
"(4) Section 2206 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).
"(c) Effect on Pending Proceedings.—This Act shall not affect administrative or judicial proceedings pending on the effective date of this
Act."

Unmanned Aircraft Systems Research and Development Roadmap

Pub. L. 115–254, div. B, title VII, §721, Oct. 5, 2018, 132 Stat. 3411, provided that: "The Secretary [of Transportation] shall submit the
unmanned aircraft systems roadmap to Congress on an annual basis as required under section 48802(a) [probably should be "44802(a)"] of
title 49, United States Code, as added by this Act."

Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned
Aircraft Systems
Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, provided that:
"(a) Collaboration.—
"(1) In general.—The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-

avoid capabilities for unmanned aircraft systems.
"(2) Elements.—The collaboration described in paragraph (1) may include, as appropriate, the following:
"(A) Sharing information on safely integrating unmanned aircraft systems and manned aircraft in the national airspace system.
"(B) The development of civil standards, policies, and procedures for the Federal Aviation Administration for integrating unmanned
aircraft systems in the national airspace system by leveraging the historical and current testing, training, and operational experiences of
the Department of Defense, particularly the Air Force, of unmanned flight operations[.]
"(C) Informing stakeholders about—
"(i) the development of airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems; and
"(ii) research and development on unmanned aircraft systems, especially with respect to matters involving human factors,
information assurance, and security.
"(b) Participation by FAA in DOD Activities.—
"(1) In general.—The Administrator of the Federal Aviation Administration may participate, and provide assistance to the Secretary of
Defense for activities during the test and evaluation efforts of the Department of Defense, including the Air Force, relating to airborne and
ground-based sense-and-avoid capabilities for unmanned aircraft systems.
"(2) Participation through test sites.—Participation under paragraph (1) may include provision of assistance through Department of
Defense unmanned aircraft systems test sites or a Federal Aviation Administration test range.
"(c) Definitions.—In this section, the terms 'unmanned aircraft system' and 'test range' have the meaning given such terms in section 331 of
the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]).
"(d) Restoration of Rules for Registration and Marking of Unmanned Aircraft.—The rules adopted by the Administrator of the Federal
Aviation Administration in the matter of registration and marking requirements for small unmanned aircraft (FAA-2015-7396; published on
December 16, 2015) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Taylor v. Huerta (No. 151495; decided on May 19, 2017) shall be restored to effect on the date of enactment of this Act [Dec. 12, 2017]."

UAS Safety
Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended by Pub. L. 115–254, div. B, title III, §§346(b)(3), 369, 383(b)(2), Oct.
5, 2018, 132 Stat. 3295, 3311, 3322, provided that:

"SEC. 2201. DEFINITIONS.
"(a) Definitions Applied.—In this subtitle, the terms 'unmanned aircraft', 'unmanned aircraft system', and 'small unmanned aircraft' have the
meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note [now 49
U.S.C. 44802 note]), as amended by this Act.
"(b) FAA Modernization and Reform Act.—[Amended section 331 of Pub. L. 112–95, set out in a note below.]
"SEC. 2202. IDENTIFICATION STANDARDS.
"(a) In General.—The Administrator of the Federal Aviation Administration, in consultation with the Secretary of Transportation, the
President of RTCA, Inc., and the Director of the National Institute of Standards and Technology, shall convene industry stakeholders to

facilitate the development of consensus standards for remotely identifying operators and owners of unmanned aircraft systems and associated
unmanned aircraft.
"(b) Considerations.—As part of any standards developed under subsection (a), the Administrator shall ensure the consideration of—
"(1) requirements for remote identification of unmanned aircraft systems;
"(2) appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and
"(3) the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and the operators
thereof, and any criteria for exclusion from the database.
"(c) Deadline.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], 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 any standards developed under subsection (a).
"(d) Guidance.—Not later than 1 year after the date on which the Administrator submits the report under subsection (c), the Administrator
shall issue regulations or guidance, as appropriate, based on any standards developed under subsection (a).
"SEC. 2203. SAFETY STATEMENTS.
"(a) Required Information.—Beginning on the date that is 1 year after the date of publication of the guidance under subsection (b)(1), a
manufacturer of a small unmanned aircraft shall make available to the owner at the time of delivery of the small unmanned aircraft the safety
statement described in subsection (b)(2).
"(b) Safety Statement.—
"(1) In general.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation
Administration shall issue guidance for implementing this section.
"(2) Requirements.—A safety statement required under subsection (a) shall include—
"(A) information about, and sources of, laws and regulations applicable to small unmanned aircraft;
"(B) recommendations for using small unmanned aircraft in a manner that promotes the safety of persons and property;
"(C) the date that the safety statement was created or last modified; and
"(D) language approved by the Administrator regarding the following:
"(i) A person may operate the small unmanned aircraft as a model aircraft (as defined in [former] section 336 of the FAA
Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note)) or otherwise in accordance with Federal
Aviation Administration authorization or regulation, including requirements for the completion of any applicable airman test.
"(ii) The definition of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49
U.S.C. 40101 note).
"(iii) The requirements regarding the operation of a model aircraft under [former] section 336 of the FAA Modernization and
Reform Act of 2012 ([former] 49 U.S.C. 40101 note).
"(iv) The Administrator may pursue enforcement action against a person operating model aircraft who endangers the safety of
the national airspace system.
"(c) Civil Penalty.—A person who violates subsection (a) shall be liable for each violation to the United States Government for a civil penalty
described in section 46301(a) of title 49, United States Code.
"SEC. 2204. FACILITATING INTERAGENCY COOPERATION FOR UNMANNED AIRCRAFT AUTHORIZATION IN SUPPORT OF
FIREFIGHTING OPERATIONS AND UTILITY RESTORATION.
"(a) Firefighting Operations.—The Administrator of the Federal Aviation Administration shall enter into agreements with the Secretary of the
Interior and the Secretary of Agriculture, as necessary, to continue the expeditious authorization of safe unmanned aircraft system operations
in support of firefighting operations consistent with the requirements of section 44806 of title 49, United States Code.
"(b) Utility Restoration.—The Administrator shall enter into agreements with the Secretary of Energy and with such other agencies or
parties, including the Federal Emergency Management Agency, as are necessary to facilitate the expeditious authorization of safe unmanned
aircraft system operations in support of service restoration efforts of utilities.
"(c) Definition of Utility.—In this section, the term 'utility' shall at a minimum include the definition in section 3(4) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)).

"SEC. 2205. INTERFERENCE WITH WILDFIRE SUPPRESSION, LAW ENFORCEMENT, OR EMERGENCY RESPONSE EFFORT BY
OPERATION OF UNMANNED AIRCRAFT.
"(a) In General.—[Enacted section 46320 of this title.]
"(b) FAA To Impose Civil Penalty.—[Amended section 46301 of this title.]
"(c) Clerical Amendment.—[Amended analysis of chapter 463 of this title.]
"[SEC. 2206. Repealed. Pub. L. 115–254, div. B, title III, §383(b)(2), Oct. 5, 2018, 132 Stat. 3322.]
"SEC. 2207. EMERGENCY EXEMPTION PROCESS.
"(a) In General.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation
Administration shall publish guidance for applications for, and procedures for the processing of, on an emergency basis, exemptions or
certificates of authorization or waiver for the use of unmanned aircraft systems by civil or public operators in response to a catastrophe,
disaster, or other emergency to facilitate emergency response operations, such as firefighting, search and rescue, and utility and infrastructure
restoration efforts. In processing such applications, the Administrator shall give priority to applications for public unmanned aircraft systems
engaged in emergency response activities.
"(b) Requirements.—In providing guidance under subsection (a), the Administrator shall—
"(1) make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual
line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and
safety; and
"(2) explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures
developed under subsection (a) do not interfere with other emergency response efforts.
"(c) Review.—In processing applications on an emergency basis for exemptions or certificates of authorization or waiver for unmanned
aircraft systems operations in response to a catastrophe, disaster, or other emergency, the Administrator shall act on such applications as
expeditiously as practicable and without requiring public notice and comment.
"SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
"(a) Research Plan for UTM Development and Deployment.—
"(1) In general.—The Administrator of the Federal Aviation Administration (in this section referred to as the 'Administrator'), in
coordination with the Administrator of the National Aeronautics and Space Administration, shall continue development of a research plan for
unmanned aircraft systems traffic management (in this section referred to as 'UTM') development and deployment.
"(2) Requirements.—In developing the research plan, the Administrator shall—
"(A) identify research outcomes sought; and
"(B) ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential future regulatory
and operational frameworks, for unmanned aircraft systems in the national airspace system.
"(3) Assessment.—The research plan shall include an assessment of the interoperability of a UTM system with existing and potential
future air traffic management systems and processes.
"(4) Deadlines.—The Administrator shall—
"(A) initiate development of the research plan not later than 60 days after the date of enactment of this Act [July 15, 2016]; and
"(B) not later than 180 days after the date of enactment of this Act—
"(i) complete the research plan;
"(ii) submit the research plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(iii) publish the research plan on the Internet Web site of the Federal Aviation Administration.
"(b) Pilot Program.—
"(1) In general.—Not later than 90 days after the date of submission of the research plan under subsection (a)(4)(B), the Administrator,
in coordination with the Administrator of the National Aeronautics and Space Administration, the Drone Advisory Committee, the research

advisory committee established by section 44508(a) of title 49, United States Code, and representatives of the unmanned aircraft industry, shall
establish a UTM system pilot program.
"(2) Sunset.—Not later than 2 years after the date of establishment of the pilot program, the Administrator shall conclude the pilot
program.
"(c) Updates.—Not later than 180 days after the date of establishment of the pilot program, and every 180 days thereafter until the date of
conclusion of the pilot program, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives
an update on the status and progress of the pilot program.
"SEC. 2209. APPLICATIONS FOR DESIGNATION.
"(a) Applications for Designation.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Secretary of
Transportation shall establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or
restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.
"(b) Review Process.—
"(1) Application procedures.—
"(A) In general.—The Administrator shall establish the procedures for the application for designation under subsection (a).
"(B) Requirements.—The procedures shall allow operators or proprietors of fixed site facilities to apply for designation individually
or collectively.
"(C) Considerations.—Only the following may be considered fixed site facilities:
"(i) Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities.
"(ii) Oil refineries and chemical facilities.
"(iii) Amusement parks.
"(iv) Other locations that warrant such restrictions.
"(2) Determination.—
"(A) In general.—The Secretary shall provide for a determination under the review process established under subsection (a) not
later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay.
"(B) Affirmative designations.—An affirmative designation shall outline—
"(i) the boundaries for unmanned aircraft operation near the fixed site facility; and
"(ii) such other limitations that the Administrator determines may be appropriate.
"(C) Considerations.—In making a determination whether to grant or deny an application for a designation, the Administrator may
consider—
"(i) aviation safety;
"(ii) protection of persons and property on the ground;
"(iii) national security; or
"(iv) homeland security.
"(D) Opportunity for resubmission.—If an application is denied, and the applicant can reasonably address the reason for the
denial, the Administrator may allow the applicant to reapply for designation.
"(c) Public Information.—Designations under subsection (a) shall be published by the Federal Aviation Administration on a publicly
accessible website.
"(d) Savings Clause.—Nothing in this section may be construed as prohibiting the Administrator from authorizing operation of an aircraft,
including an unmanned aircraft system, over, under, or within a specified distance from that fixed site facility designated under subsection (b).
"(e) Deadlines.—
"(1) Not later than March 31, 2019, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this
section.
"(2) Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a
final rule.

"SEC. 2210. OPERATIONS ASSOCIATED WITH CRITICAL INFRASTRUCTURE.
"(a) In General.—Any application process established under [former] section 333 of the FAA Modernization and Reform Act of 2012 [Pub. L.
112–95] ([former] 49 U.S.C. 40101 note) shall allow for a person to apply to the Administrator of the Federal Aviation Administration to operate
an unmanned aircraft system, for purposes of conducting an activity described in subsection (b)—
"(1) beyond the visual line of sight of the individual operating the unmanned aircraft system; and
"(2) during the day or at night.
"(b) Activities Described.—The activities described in this subsection are—
"(1) activities for which manned aircraft may be used to comply with Federal, State, or local laws, including—
"(A) activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys
associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing
pipelines or pipeline systems; and
"(B) activities relating to ensuring compliance with—
"(i) parts 192 and 195 of title 49, Code of Federal Regulations; and
"(ii) the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to
the construction, ownership, operation, maintenance, repair, or replacement of covered facilities;
"(2) activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline,
pipeline system, or electric energy infrastructure incident; and
"(3) activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond
the control of the applicant that may cause material damage to a covered facility.
"(c) Definitions.—In this section, the following definitions apply:
"(1) Covered facility.—The term 'covered facility' means—
"(A) a pipeline or pipeline system;
"(B) an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility);
"(C) an oil or gas production, refining, or processing facility; or
"(D) any other critical infrastructure facility.
"(2) Critical infrastructure.—The term 'critical infrastructure' has the meaning given that term in section 2339D of title 18, United States
Code.
"(d) Deadlines.—
"(1) Certification to congress.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], 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 certification that a process has been established to facilitate
applications for unmanned aircraft systems operations described in this section.
"(2) Failure to meet certification deadline.—If the Administrator cannot provide a certification under paragraph (1), the Administrator,
not later than 180 days after the deadline specified in paragraph (1), shall update the process under [former] section 333 of the FAA
Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft
systems operations described in this section.
"(e) Exemptions.—In addition to the operations described in this section, the Administrator may authorize, exempt, or otherwise allow other
unmanned aircraft systems operations under [former] section 333 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101
note) that are conducted beyond the visual line of sight of the individual operating the unmanned aircraft system or during the day or at night.
"SEC. 2211. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT ROADMAP.
[Amended section 332 of Pub. L. 112–95, formerly set out in a note below.]
"SEC. 2212. UNMANNED AIRCRAFT SYSTEMS-MANNED AIRCRAFT COLLISION RESEARCH.
"(a) Research.—The Administrator of the Federal Aviation Administration (in this section referred to as the 'Administrator'), in continuation of
ongoing work, shall coordinate with the Administrator of the National Aeronautics and Space Administration to develop a program to conduct

comprehensive testing or modeling of unmanned aircraft systems colliding with various sized aircraft in various operational settings, as
considered appropriate by the Administrator, including—
"(1) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes,
traveling at various speeds;
"(2) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various
sizes, traveling at various speeds;
"(3) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling
at various speeds; and
"(4) collisions between unmanned aircraft systems and various parts of the aforementioned aircraft, including—
"(A) windshields;
"(B) noses;
"(C) engines;
"(D) radomes;
"(E) propellers; and
"(F) wings.
"(b) Report.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Administrator shall transmit to the Committee
on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a report summarizing the costs and results of research under this
section.
"SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT STUDY.
"(a) Study.—Not later than 30 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation
Administration shall enter into an arrangement with the National Academies to study the potential use of probabilistic assessments of risks by
the Administration to streamline the integration of unmanned aircraft systems into the national airspace system, including any research and
development necessary.
"(b) Completion Date.—Not later than 1 year after the date of enactment of this Act, the Administrator shall provide the results of the study to
the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate."

Unmanned Aircraft Joint Training and Usage Plan
Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, provided that:
"(1) Methods.—The Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration

shall jointly develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft
equipment and systems with other appropriate departments and agencies of the Federal Government that may serve the dual purpose of
providing capabilities to the Department of Defense to meet the future requirements of combatant commanders and domestically to strengthen
international border security.
"(2) Report.—Not later than 270 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense, the Secretary of
Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly submit to Congress a report on the status of the
development of the plans and procedures required under paragraph (1), including a cost-benefit analysis of the shared expenses between the
Department of Defense and other appropriate departments and agencies of the Federal Government to support such plans."

Interagency Collaboration
Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, provided that:
"(b) Interagency Collaboration.—
"(1) In general.—The Secretary of Defense shall collaborate with the Administrator of the Federal Aviation Administration and the

Administrator of the National Aeronautics and Space Administration to conduct research and seek solutions to challenges associated with

the safe integration of unmanned aircraft systems into the National Airspace System in accordance with subtitle B of title III of the FAA
Modernization and Reform Act of 2012 (Public Law 112–95; 126 Stat. 72) [49 U.S.C. 44802 note].
"(2) Activities in support of plan on access to national airspace for unmanned aircraft systems.—Collaboration under paragraph (1)
may include research and development of scientific and technical issues, equipment, and technology in support of the plan to safely
accelerate the integration of unmanned aircraft systems as required by subtitle B of title III of the FAA Modernization and Reform Act of
2012.
"(3) Nonduplicative efforts.—If the Secretary of Defense determines it is in the interest of the Department of Defense, the Secretary
may use existing aerospace-related laboratories, personnel, equipment, research radars, and ground facilities of the Department of Defense
to avoid duplication of efforts in carrying out collaboration under paragraph (1).
"(4) Reports.—
"(A) Requirement.—The Secretary of Defense, on behalf of the UAS Executive Committee, shall annually submit to the
congressional defense committees, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on
the progress of research activity of the Department of Defense, including—
"(i) progress in accomplishing the goals of the unmanned aircraft systems research, development, and demonstration as
related to the Department of Defense Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems of
October 2010, and any ongoing and collaborative research and development programs with the Federal Aviation Administration and the
National Aeronautics and Space Administration;
"(ii) estimates of long-term funding needs and details of funds expended and allocated in the budget requests of the President
that support integration into the National Airspace; and
"(iii) progress in sharing with the Federal Aviation Administration safety operational and performance data as it relates to
unmanned aircraft system operation and the impact on the National Airspace System.
"(B) Termination.—The requirement to submit a report under subparagraph (A) shall terminate on the date that is 5 years after the
date of the enactment of this Act [Jan. 2, 2013].
"(c) UAS Executive Committee Defined.—In this section, the term 'UAS Executive Committee' means the National Aeronautics and Space
and [sic] Administration and the Department of Defense–Federal Aviation Administration executive committee described in section 1036(b) of
the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 [Pub. L. 110–417; 122 Stat. 4597] and established by the Secretary of
Defense and the Administrator of the Federal Aviation Administration."

Unmanned Aircraft Systems
Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended by Pub. L. 114–190, title I, §1102(i), title II, §§2201(b), 2211, July 15,
2016, 130 Stat. 618, 628, 636; Pub. L. 115–254, div. B, title III, §§341(b)(2), 346(b)(2), 347(b)(2), 349(b)(2), Oct. 5, 2018, 132 Stat. 3287, 3295,
3296, 3300, provided that:

"SEC. 331. DEFINITIONS.
"In this subtitle, the following definitions apply:
"(1) Arctic.—The term 'Arctic' means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian
chain.
"(2) Certificate of waiver; certificate of authorization.—The terms 'certificate of waiver' and 'certificate of authorization' mean a
Federal Aviation Administration grant of approval for a specific flight operation.
"(3) Permanent areas.—The term 'permanent areas' means areas on land or water that provide for launch, recovery, and operation of
small unmanned aircraft.
"(4) Public unmanned aircraft system.—The term 'public unmanned aircraft system' means an unmanned aircraft system that meets the
qualifications and conditions required for operation of a public aircraft (as defined in section 40102 of title 49, United States Code).
"(5) Sense and avoid capability.—The term 'sense and avoid capability' means the capability of an unmanned aircraft to remain a safe
distance from and to avoid collisions with other airborne aircraft.

"(6) Small unmanned aircraft.—The term 'small unmanned aircraft' means an unmanned aircraft weighing less than 55 pounds,
including everything that is on board or otherwise attached to the aircraft.
"(7) Test range.—
"(A) In general.—The term 'test range' means a defined geographic area where research and development are conducted as
authorized by the Administrator of the Federal Aviation Administration.
"(B) Inclusions.—The term 'test range' includes any of the 6 test ranges established by the Administrator of the Federal Aviation
Administration under section 332(c), as in effect on the day before the date of enactment of this subparagraph [July 15, 2016], and any
public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.
"(8) Unmanned aircraft.—The term 'unmanned aircraft' means an aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft.
"(9) Unmanned aircraft system.—The term 'unmanned aircraft system' means an unmanned aircraft and associated elements (including
communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely
and efficiently in the national airspace system.
"[SEC. 332. Repealed. Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287.]
"[SEC. 333. Repealed. Pub. L. 115–254, div. B, title III, §347(b)(2), Oct. 5, 2018, 132 Stat. 3296.]
"[SEC. 334. Repealed. Pub. L. 115–254, div. B, title III, §346(b)(2), Oct. 5, 2018, 132 Stat. 3295.]
"SEC. 335. SAFETY STUDIES.
"The Administrator of the Federal Aviation Administration shall carry out all safety studies necessary to support the integration of unmanned
aircraft systems into the national airspace system.
"[SEC. 336. Repealed. Pub. L. 115–254, div. B, title III, §349(b)(2), Oct. 5, 2018, 132 Stat. 3300.]"

Unmanned Aerial Systems and National Airspace
Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, provided that:
"(a) Establishment.—Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Administrator of the Federal

Aviation Administration shall establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges.
"(b) Program Requirements.—In establishing the program under subsection (a), the Administrator shall—
"(1) safely designate nonexclusionary airspace for integrated manned and unmanned flight operations in the national airspace system;
"(2) develop certification standards and air traffic requirements for unmanned flight operations at test ranges;
"(3) coordinate with and leverage the resources of the Department of Defense and the National Aeronautics and Space Administration;
"(4) address both civil and public unmanned aircraft systems;
"(5) ensure that the program is coordinated with the Next Generation Air Transportation System; and
"(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the
national airspace system.
"(c) Locations.—In determining the location of a test range for the program under subsection (a), the Administrator shall—
"(1) take into consideration geographic and climatic diversity;
"(2) take into consideration the location of ground infrastructure and research needs; and
"(3) consult with the Department of Defense and the National Aeronautics and Space Administration.
"(d) Test Range Operation.—A project at a test range shall be operational not later than 180 days after the date on which the project is
established.
"(e) Report.—Not later than 90 days after the date of completing each of the pilot projects, the Administrator shall submit to the appropriate
congressional committees a report setting forth the Administrator's findings and conclusions concerning the projects that includes a description
and assessment of the progress being made in establishing special use airspace to fill the immediate need of the Department of Defense to

develop detection techniques for small unmanned aircraft systems and to validate sensor integration and operation of unmanned aircraft
systems.
"(f) Duration.—The program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act
[Dec. 31, 2011].
"(g) Definition.—In this section:
"(1) The term 'appropriate congressional committees' means—
"(A) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Science,
Space, and Technology of the House of Representatives; and
"(B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
"(2) The term 'test range' means a defined geographic area where research and development are conducted."

Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in
Domestic Use of Unmanned Aircraft Systems
Memorandum of President of the United States, Feb. 15, 2015, 80 F.R. 9355, provided:
Memorandum for the Heads of Executive Departments and Agencies
Unmanned Aircraft Systems (UAS) technology continues to improve rapidly, and increasingly UAS are able to perform a variety of missions
with greater operational flexibility and at a lower cost than comparable manned aircraft. A wide spectrum of domestic users—including
industry, private citizens, and Federal, State, local, tribal, and territorial governments—are using or expect to use these systems, which may
play a transformative role in fields as diverse as urban infrastructure management, farming, public safety, coastal security, military training,
search and rescue, and disaster response.
The Congress recognized the potential wide-ranging benefits of UAS operations within the United States in the FAA Modernization and
Reform Act of 2012 (Public Law 112–95), which requires a plan to safely integrate civil UAS into the National Airspace System (NAS) by
September 30, 2015. As compared to manned aircraft, UAS may provide lower-cost operation and augment existing capabilities while
reducing risks to human life. Estimates suggest the positive economic impact to U.S. industry of the integration of UAS into the NAS could be
substantial and likely will grow for the foreseeable future.
As UAS are integrated into the NAS, the Federal Government will take steps to ensure that the integration takes into account not only our
economic competitiveness and public safety, but also the privacy, civil rights, and civil liberties concerns these systems may raise.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish
transparent principles that govern the Federal Government's use of UAS in the NAS, and to promote the responsible use of this technology in
the private and commercial sectors, it is hereby ordered as follows:
Section 1. UAS Policies and Procedures for Federal Government Use. The Federal Government currently operates UAS in the United States for
several purposes, including to manage Federal lands, monitor wildfires, conduct scientific research, monitor our borders, support law
enforcement, and effectively train our military. As with information collected by the Federal Government using any technology, where UAS is
the platform for collection, information must be collected, used, retained, and disseminated consistent with the Constitution, Federal law, and
other applicable regulations and policies. Agencies must, for example, comply with the Privacy Act of 1974 (5 U.S.C. 552a) (the "Privacy Act"),
which, among other things, restricts the collection and dissemination of individuals' information that is maintained in systems of records,
including personally identifiable information (PII), and permits individuals to seek access to and amendment of records.
(a) Privacy Protections. Particularly in light of the diverse potential uses of UAS in the NAS, expected advancements in UAS technologies, and
the anticipated increase in UAS use in the future, the Federal Government shall take steps to ensure that privacy protections and policies
relative to UAS continue to keep pace with these developments. Accordingly, agencies shall, prior to deployment of new UAS technology and
at least every 3 years, examine their existing UAS policies and procedures relating to the collection, use, retention, and dissemination of
information obtained by UAS, to ensure that privacy, civil rights, and civil liberties are protected. Agencies shall update their policies and
procedures, or issue new policies and procedures, as necessary. In addition to requiring compliance with the Privacy Act in applicable
circumstances, agencies that collect information through UAS in the NAS shall ensure that their policies and procedures with respect to such
information incorporate the following requirements:

(i) Collection and Use. Agencies shall only collect information using UAS, or use UAS-collected information, to the extent that such collection
or use is consistent with and relevant to an authorized purpose.
(ii) Retention. Information collected using UAS that may contain PII shall not be retained for more than 180 days unless retention of the
information is determined to be necessary to an authorized mission of the retaining agency, is maintained in a system of records covered by
the Privacy Act, or is required to be retained for a longer period by any other applicable law or regulation.
(iii) Dissemination. UAS-collected information that is not maintained in a system of records covered by the Privacy Act shall not be
disseminated outside of the agency unless dissemination is required by law, or fulfills an authorized purpose and complies with agency
requirements.
(b) Civil Rights and Civil Liberties Protections. To protect civil rights and civil liberties, agencies shall:
(i) ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the
First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion,
sexual orientation, or gender identity, in violation of law;
(ii) ensure that UAS activities are performed in a manner consistent with the Constitution and applicable laws, Executive Orders, and other
Presidential directives; and
(iii) ensure that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, civil rights, and civil liberties
complaints.
(c) Accountability. To provide for effective oversight, agencies shall:
(i) ensure that oversight procedures for agencies' UAS use, including audits or assessments, comply with existing agency policies and
regulations;
(ii) verify the existence of rules of conduct and training for Federal Government personnel and contractors who work on UAS programs, and
procedures for reporting suspected cases of misuse or abuse of UAS technologies;
(iii) establish policies and procedures, or confirm that policies and procedures are in place, that provide meaningful oversight of individuals
who have access to sensitive information (including any PII) collected using UAS;
(iv) ensure that any data-sharing agreements or policies, data use policies, and record management policies applicable to UAS conform to
applicable laws, regulations, and policies;
(v) establish policies and procedures, or confirm that policies and procedures are in place, to authorize the use of UAS in response to a
request for UAS assistance in support of Federal, State, local, tribal, or territorial government operations; and
(vi) require that State, local, tribal, and territorial government recipients of Federal grant funding for the purchase or use of UAS for their own
operations have in place policies and procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to expending such funds.
(d) Transparency. To promote transparency about their UAS activities within the NAS, agencies that use UAS shall, while not revealing
information that could reasonably be expected to compromise law enforcement or national security:
(i) provide notice to the public regarding where the agency's UAS are authorized to operate in the NAS;
(ii) keep the public informed about the agency's UAS program as well as changes that would significantly affect privacy, civil rights, or civil
liberties; and
(iii) make available to the public, on an annual basis, a general summary of the agency's UAS operations during the previous fiscal year, to
include a brief description of types or categories of missions flown, and the number of times the agency provided assistance to other agencies,
or to State, local, tribal, or territorial governments.
(e) Reports. Within 180 days of the date of this memorandum, agencies shall provide the President with a status report on the
implementation of this section. Within 1 year of the date of this memorandum, agencies shall publish information on how to access their
publicly available policies and procedures implementing this section.
Sec. 2. Multi-stakeholder Engagement Process. In addition to the Federal uses of UAS described in section 1 of this memorandum, the
combination of greater operational flexibility, lower capital requirements, and lower operating costs could allow UAS to be a transformative
technology in the commercial and private sectors for fields as diverse as urban infrastructure management, farming, and disaster response.
Although these opportunities will enhance American economic competitiveness, our Nation must be mindful of the potential implications for
privacy, civil rights, and civil liberties. The Federal Government is committed to promoting the responsible use of this technology in a way that
does not diminish rights and freedoms.

(a) There is hereby established a multi-stakeholder engagement process to develop and communicate best practices for privacy,
accountability, and transparency issues regarding commercial and private UAS use in the NAS. The process will include stakeholders from the
private sector.
(b) Within 90 days of the date of this memorandum, the Department of Commerce, through the National Telecommunications and
Information Administration, and in consultation with other interested agencies, will initiate this multi-stakeholder engagement process to
develop a framework regarding privacy, accountability, and transparency for commercial and private UAS use. For this process, commercial
and private use includes the use of UAS for commercial purposes as civil aircraft, even if the use would qualify a UAS as a public aircraft
under 49 U.S.C. 40102(a)(41) and 40125. The process shall not focus on law enforcement or other noncommercial governmental use.
Sec. 3. Definitions. As used in this memorandum:
(a) "Agencies" means executive departments and agencies of the Federal Government that conduct UAS operations in the NAS.
(b) "Federal Government use" means operations in which agencies operate UAS in the NAS. Federal Government use includes agency
UAS operations on behalf of another agency or on behalf of a State, local, tribal, or territorial government, or when a nongovernmental entity
operates UAS on behalf of an agency.
(c) "National Airspace System" means the common network of U.S. airspace; air navigation facilities, equipment, and services; airports or
landing areas; aeronautical charts, information, and services; related rules, regulations, and procedures; technical information; and manpower
and material. Included in this definition are system components shared jointly by the Departments of Defense, Transportation, and Homeland
Security.
(d) "Unmanned Aircraft System" means an unmanned aircraft (an aircraft that is operated without direct human intervention from within or on
the aircraft) and associated elements (including communication links and components that control the unmanned aircraft) that are required for
the pilot or system operator in command to operate safely and efficiently in the NAS.
(e) "Personally identifiable information" refers to information that can be used to distinguish or trace an individual's identity, either alone or
when combined with other personal or identifying information that is linked or linkable to a specific individual, as set forth in Office of
Management and Budget Memorandum M–07–16 (May 22, 2007) and Office of Management and Budget Memorandum M–10–23 (June 25,
2010).
Sec. 4. General Provisions. (a) This memorandum complements and is not intended to supersede existing laws and policies for UAS
operations in the NAS, including the National Strategy for Aviation Security and its supporting plans, the FAA Modernization and Reform Act of
2012, the Federal Aviation Administration's (FAA's) Integration of Civil UAS in the NAS Roadmap, and the FAA's UAS Comprehensive Plan.
(b) This memorandum shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(c) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(d) Independent agencies are strongly encouraged to comply with this memorandum.
(e) This memorandum 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, or entities, its officers, employees, or agents, or any other person.
(f) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.      

Unmanned Aircraft Systems Integration Pilot Program
Memorandum of President of the United States, Oct. 25, 2017, 82 F.R. 50301, provided:
Memorandum for the Secretary of Transportation
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 shall be the policy of the United States to promote the safe operation of unmanned aircraft systems (UAS) and enable
the development of UAS technologies for use in agriculture, commerce, emergency management, human transportation, and other sectors.
Compared to manned aircraft, UAS provide novel, low-cost capabilities for both public and private applications. UAS present opportunities to
enhance the safety of the American public, increase the efficiency and productivity of American industry, and create tens of thousands of new
American jobs.

The private sector has rapidly advanced UAS capabilities to address the needs of recreational, commercial, and public users. To promote
continued technological innovation and to ensure the global leadership of the United States in this emerging industry, the regulatory framework
for UAS operations must be sufficiently flexible to keep pace with the advancement of UAS technology, while balancing the vital Federal roles
in protecting privacy and civil liberties; mitigating risks to national security and homeland security; and protecting the safety of the American
public, critical infrastructure, and the Nation's airspace. Well-coordinated integration of UAS into the national airspace system (NAS) alongside
manned aircraft will increase the safety of the NAS and enable the authorization of more complex UAS operations.
The Federal Aviation Administration (FAA) has taken steps to integrate UAS into the NAS at specific test sites and has issued operational
requirements for small UAS operations in the NAS. Further integration will require continued private-sector cooperation and the involvement of
State, local, and tribal governments in Federal efforts to develop and enforce regulations on UAS operations in their jurisdictions. Input from
State, local, tribal, and private-sector stakeholders will be necessary to craft an optimal strategy for the national management of UAS
operations. A coordinated effort between the private sector and among these governments will provide certainty and stability to UAS owners
and operators, maximize the benefits of UAS technologies for the public, and mitigate risks to public safety and security.
Sec. 2. UAS Integration Pilot Program. (a) Within 90 days of the date of this memorandum, the Secretary of Transportation (Secretary), in
consultation with the Administrator of the FAA (Administrator), shall establish a UAS Integration Pilot Program (Program) to test the further
integration of UAS into the NAS in a select number of State, local, and tribal jurisdictions.
(b) The objectives of the Program shall be to:
(i) test and evaluate various models of State, local, and tribal government involvement in the development and enforcement of Federal
regulations for UAS operations;
(ii) encourage UAS owners and operators to develop and safely test new and innovative UAS concepts of operations; and
(iii) inform the development of future Federal guidelines and regulatory decisions on UAS operations nationwide.
Sec. 3. Implementation. (a) To implement the Program, the Secretary or the Administrator, as appropriate, shall:
(i) solicit proposals from State, local, and tribal governments to test within their jurisdictions the integration of civil and public UAS operations
into the NAS below 200 feet above ground level, or up to 400 feet above ground level if the Secretary determines that such an adjustment
would be appropriate;
(ii) select proposals by State, local, and tribal governments for participation in the Program according to the criteria listed in subsection (b) of
this section;
(iii) enter into agreements with the selected governments to establish the terms of their involvement in UAS operations within their
jurisdictions, including their support for Federal enforcement responsibilities; describe the proposed UAS operations to be conducted; and
identify the entities that will conduct such operations, including, if applicable, the governments themselves; and
(iv) as necessary, use existing authorities to grant exceptions, exemptions, authorizations, and waivers from FAA regulations to the entities
identified in the agreements described in subsection (iii) of this section [sic], including through the issuance of waivers under 14 CFR Part 107
and Certificates of Waiver or Authorization under [former] section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) (Public Law
112–95) [see note above].
(b) In selecting proposals for participation in the Program under subsection (a) of this section, the Secretary shall consider:
(i) overall economic, geographic, and climatic diversity of the selected jurisdictions;
(ii) overall diversity of the proposed models of government involvement;
(iii) overall diversity of the UAS operations to be conducted;
(iv) the location of critical infrastructure;
(v) the involvement of commercial entities in the proposal, and their ability to advance objectives that may serve the public interest as a
result of further integration of UAS into the NAS;
(vi) the involvement of affected communities in, and their support for, participating in the Program;
(vii) the commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national
defense, homeland security, and public safety, and to address competition, privacy, and civil liberties concerns; and
(viii) the commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
(A) promoting innovation and economic development;
(B) enhancing transportation safety;

(C) enhancing workplace safety;
(D) improving emergency response and search and rescue functions; and
(E) using radio spectrum efficiently and competitively.
(c) Within 180 days of the establishment of the Program, the Secretary shall enter into agreements with State, local, or tribal governments to
participate in the Program, with the goal of entering into at least 5 such agreements by that time.
(d) In carrying out subsection (c) of this section, the Secretary shall select State, local, or tribal governments that plan to begin integration of
UAS into the NAS in their jurisdictions within 90 days after the date on which the agreement is established.
(e) The Secretary shall consider new proposals for participation in the Program up to 1 year before the Program is scheduled to terminate.
(f) The Secretary shall apply best practices from existing FAA test sites, waivers granted under 14 CFR part 107, exemptions granted under
[former] section 333 of the FMRA, the FAA Focus Area Pathfinder Program, and any other relevant programs in order to expedite the
consideration of exceptions, exemptions, authorizations, and waivers from FAA regulations to be granted under the Program, as described in
subsection (a)(iv) of this section.
(g) The Secretary shall address any non-compliance with the terms of exceptions, exemptions, authorizations, waivers granted, or
agreements made with UAS users or participating jurisdictions in a timely and appropriate manner, including by revoking or modifying the
relevant terms.
Sec. 4. Coordination. (a) The Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, shall
apply relevant information collected during the Program and preliminary findings to inform the development of the UAS Traffic Management
System under section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190) [set out in a note above].
(b) The Secretary, in coordination with the Secretaries of Defense and Homeland Security and the Attorney General, shall take necessary
and appropriate steps to:
(i) mitigate risks to public safety and homeland and national security when selecting proposals and implementing the Program; and
(ii) monitor compliance with relevant laws and regulations to ensure that Program activities do not interfere with national defense, homeland
security, or law enforcement operations and missions.
(c) The heads of executive departments and agencies with relevant law enforcement responsibilities (Federal law enforcement agencies),
including the Attorney General and the Secretary of Homeland Security, shall develop and implement best practices to enforce the laws and
regulations governing UAS operations conducted under the Program.
(d) In carrying out the responsibilities set forth in subsection (c) of this section, the heads of Federal law enforcement agencies shall
coordinate with the Secretaries of Defense and Transportation, as well as with the relevant State, local, or tribal law enforcement agencies.
(e) In implementing the Program, the Secretary shall coordinate with the Secretaries of Defense and Homeland Security and the Attorney
General to test counter-UAS capabilities, as well as platform and system-wide cybersecurity, to the extent appropriate and consistent with law.
Sec. 5. Evaluation and Termination of UAS Integration Pilot Program. (a) The Program shall terminate 3 years from the date of this memorandum,
unless extended by the Secretary.
(b) Before and after the termination of the Program, the Secretary shall use the information and experience yielded by the Program to inform
the development of regulations, initiatives, and plans to enable safer and more complex UAS operations, and shall, as appropriate, share
information with the Secretaries of Defense and Homeland Security, the Attorney General, and the heads of other executive departments and
agencies.
(c) After the date of this memorandum and until the Program is terminated, the Secretary, in consultation with the Secretaries of Defense
and Homeland Security and the Attorney General, shall submit an annual report to the President setting forth the Secretary's interim findings
and conclusions concerning the Program. Not later than 90 days after the Program is terminated, the Secretary shall submit a final report to
the President setting forth the Secretary's findings and conclusions concerning the Program.
Sec. 6. Definitions. As used in this memorandum, the next stated terms, in singular and plural, are defined as follows:
(a) The term "unmanned aircraft system" has the meaning given that term in section 331 of the FMRA [Pub. L. 112–95, set out in a note
above].
(b) The term "public unmanned aircraft system" has the meaning given that term in section 331 of the FMRA.
(c) The term "civil unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for
operation of a civil aircraft, as defined in 49 U.S.C. 40102.

Sec. 7. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the conduct of public aircraft operations, as defined in 49 U.S.C. 40102(a)(41) and 40125, by executive departments and agencies,
consistent with applicable Federal law.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum 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, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.      
1 See Prior Provisions note below.

§44803. Unmanned aircraft test ranges
(a) In General.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of the test ranges
to facilitate the safe integration of unmanned aircraft systems into the national airspace system.
(b) Program Requirements.—In carrying out the program under subsection (a), the Administrator shall—
(1) designate airspace for safely testing the integration of unmanned flight operations in the national airspace system;
(2) develop operational standards and air traffic requirements for unmanned flight operations at test ranges;
(3) coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense;
(4) address both civil and public unmanned aircraft systems;
(5) ensure that the program is coordinated with relevant aspects of the Next Generation Air Transportation System;
(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures as it relates to continued development of standards
for integration into the national airspace system;
(7) engage test range operators, as necessary and within available resources, in projects for research, development, testing, and evaluation of unmanned
aircraft systems to facilitate the Federal Aviation Administration's development of standards for the safe integration of unmanned aircraft into the national
airspace system, which may include solutions for—
(A) developing and enforcing geographic and altitude limitations;
(B) providing for alerts by the manufacturer of an unmanned aircraft system regarding any hazards or limitations on flight, including prohibition on flight as
necessary;
(C) sense and avoid capabilities;
(D) beyond-visual-line-of-sight operations, nighttime operations, operations over people, operation of multiple small unmanned aircraft systems, and
unmanned aircraft systems traffic management, or other critical research priorities; and
(E) improving privacy protections through the use of advances in unmanned aircraft systems technology;
(8) coordinate periodically with all test range operators to ensure test range operators know which data should be collected, what procedures should be
followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
(9) streamline to the extent practicable the approval process for test ranges when processing unmanned aircraft certificates of waiver or authorization for
operations at the test sites;
(10) require each test range operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test
range without the need to obtain an experimental or special airworthiness certificate; 1
(11) allow test range operators to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test
range participants in the furtherance of research, development, and testing objectives.

(c) Waivers.—In carrying out this section the Administrator may waive the requirements of section 44711 of title 49, United States Code, including related
regulations, to the extent consistent with aviation safety.
(d) Review of Operations by Test Range Operators.—The operator of each test range under subsection (a) shall—
(1) review the operations of unmanned aircraft systems conducted at the test range, including—
(A) ongoing or completed research; and
(B) data regarding operations by private and public operators; and
(2) submit to the Administrator, in such form and manner as specified by the Administrator, the results of the review, including recommendations to further
enable private research and development operations at the test ranges that contribute to the Federal Aviation Administration's safe integration of unmanned
aircraft systems into the national airspace system, on a quarterly basis until the program terminates.
(e) Testing.—The Secretary of Transportation may authorize an operator of a test range described in subsection (a) to administer testing requirements
established by the Administrator for unmanned aircraft systems operations.
(f) Collaborative Research and Development Agreements.—The Administrator may use the other transaction authority under section 106(l)(6) and enter
into collaborative research and development agreements, to direct research related to unmanned aircraft systems, including at any test range under subsection
(a), and in coordination with the Center of Excellence for Unmanned Aircraft Systems.
(g) Use of Center of Excellence for Unmanned Aircraft Systems.—The Administrator, in carrying out research necessary to implement the consensus
safety standards requirements in section 44805 shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the
Center of Excellence for Unmanned Aircraft Systems and the test ranges.
(h) Termination.—The program under this section shall terminate on September 30, 2023.
(Added Pub. L. 115–254, div. B, title III, §343(a), Oct. 5, 2018, 132 Stat. 3288.)
1 So in original. Probably should be followed by "and".

§44804. Small unmanned aircraft in the Arctic
(a) In General.—The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and
international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial
purposes.
(b) Plan Contents.—The plan under subsection (a) shall include the development of processes to facilitate the safe operation of small unmanned aircraft
beyond the visual line of sight.
(c) Requirements.—Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at least 2,000 feet in altitude,
with ingress and egress routes from selected coastal launch sites.
(d) Agreements.—To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international
communities.
(e) Aircraft Approval.—
(1) In general.—Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this
section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a small
unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the small unmanned aircraft is used as a public aircraft, a civil
aircraft, or a model aircraft.
(2) Existing process.—The Secretary may implement an existing process to meet the requirements under paragraph (1).
(Added Pub. L. 115–254, div. B, title III, §344(a), Oct. 5, 2018, 132 Stat. 3290.)
Editorial Notes

Prior Provisions
Provisions similar to those in this section were contained in section 332(d) of Pub. L. 112–95, which was set out in a note under section 40101
of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The remainder of the note comprised of
subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

§44805. Small Unmanned 1 aircraft safety standards
(a) FAA Process for Acceptance and Authorization.—The Administrator of the Federal Aviation Administration shall establish a process for—
(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;
(2) authorizing the operation of small 2 unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus
safety standards accepted under paragraph (1);
(3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted
under paragraph (1); and
(4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the
consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the
requirements of paragraph (1).
(b) Considerations.—Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall
consider the following:
(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.
(2) Using performance-based requirements.
(3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to
appropriately mitigate risk.
(4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or
compromised.
(5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
(6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other
provision of law, including a means to identify any tampering or modification that has been made.
(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).
(8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk analyses of consensus
safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.
(9) Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.
(10) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.
(11) Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.
(e) 3 Nonapplicability of Other Laws.—The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for
operation of any applicable small unmanned aircraft systems within the national airspace system without requiring—
(1) airworthiness certification requirements under section 44704 of this title; or
(2) type certification under part 21 of title 14, Code of Federal Regulations.
(f) Revocation.—The Administrator may suspend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the
small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer's
statement of compliance under subsection (h).
(g) Requirements.—With regard to an authorization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned
aircraft systems to provide the Federal Aviation Administration with the following:
(1) The aircraft system's operating instructions.

(2) The aircraft system's recommended maintenance and inspection procedures.
(3) The manufacturer's statement of compliance described in subsection (h).
(4) Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards
accepted by the Administrator under subsection (a).
(h) Manufacturer's Statement of Compliance for Small UAS.—A manufacturer's statement of compliance shall—
(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;
(2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);
(3) state that the aircraft make and model conforms to the manufacturer's design data and is manufactured in a way that ensures consistency across units in
the production process in order to meet the applicable consensus safety standards accepted by the Administrator;
(4) state that the manufacturer will make available to the Administrator, operators, or customers—
(A) the aircraft's operating instructions, which conform to the consensus safety standards identified in paragraph (1); and
(B) the aircraft's recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);
(5) state that the manufacturer will monitor safety-of-flight issues and take action to ensure it meets the consensus safety standards identified in paragraph
(1) and report these issues and subsequent actions to the Administrator;
(6) state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of
overseeing compliance with this section; and
(7) state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has—
(A) ground and flight tested random samples of the aircraft;
(B) found the sample aircraft performance acceptable; and
(C) determined that the make and model of aircraft is suitable for safe operation.
(i) Prohibitions.—
(1) False statements of compliance.—It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (h) that
is fraudulent or intentionally false.
(2) Introduction into interstate commerce.—Unless the Administrator determines operation of an unmanned aircraft system may be conducted without
an airworthiness certificate or permission, authorization, or approval under subsection (a), it shall be unlawful for any person to knowingly introduce or deliver
for introduction into interstate commerce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus
safety standards under this section unless—
(A) the make and model has been authorized for operation under subsection (a); or
(B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.
(j) Exclusions.—The Administrator may exempt from the requirements of this section small unmanned aircraft systems that are not capable of navigating
beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not
pose a risk to the safety of the national airspace system.
(Added Pub. L. 115–254, div. B, title III, §345(a), Oct. 5, 2018, 132 Stat. 3291.)
Editorial Notes

References in Text
Section 2202 of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (b)(7), is section 2202 of Pub. L. 114–190, which
is set out in a note under section 44802 of this title.
Statutory Notes and Related Subsidiaries

Unmanned Aircraft Systems Research Facility
Pub. L. 115–254, div. B, title III, §345(b), Oct. 5, 2018, 132 Stat. 3293, provided that: "The Center of Excellence for Unmanned Aircraft Systems
shall establish an unmanned aircraft systems research facility to study appropriate safety standards for unmanned aircraft systems and to
validate such standards, as directed by the Administrator of the Federal Aviation Administration, consistent with section 44805 of title 49, United
States Code, as added by this section."
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be preceded by "a".
3 So in original. There are no subsecs. (c) and (d).

§44806. Public unmanned aircraft systems
(a) Guidance.—The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system—
(1) to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver;
(2) to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation
Administration, to test and operate public unmanned aircraft systems; and
(3) to provide guidance on a public agency's responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the
Administration.
(b) Agreements With Government Agencies.—
(1) In general.—The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver
or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system.
(2) Contents.—An agreement under paragraph (1) shall—
(A) with respect to an application described in paragraph (1)—
(i) provide for an expedited review of the application;
(ii) require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application;
and
(iii) allow for an expedited appeal if the application is disapproved;
(B) allow for a one-time approval of similar operations carried out during a fixed period of time; and
(C) allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated—
(i) within or beyond the visual line of sight of the operator;
(ii) less than 400 feet above the ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
(c) Public Actively Tethered Unmanned Aircraft Systems.—
(1) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall permit the
use of, and may issue guidance regarding, the use of public actively tethered unmanned aircraft systems that are—
(A) operated at an altitude of less than 150 feet above ground level;
(B) operated—
(i) within class G airspace; or
(ii) at or below the ceiling depicted on the Federal Aviation Administration's published UAS facility maps for class B, C, D, or E surface area airspace;

(C) not flown directly over non-participating persons;
(D) operated within visual line of sight of the operator; and
(E) operated in a manner that does not interfere with and gives way to any other aircraft.
(2) Requirements.—Public actively tethered unmanned aircraft systems may be operated—
(A) without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration;
(B) without requiring airman certification under section 44703 of this title or any rule or regulation relating to airman certification; and
(C) without requiring airworthiness certification under section 44704 of this title or any rule or regulation relating to aircraft certification.
(3) Safety standards.—Public actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1)
shall be exempt from the requirements of section 44805 of this title.
(4) Savings provision.—Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new
regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system.
(d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.—The
Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally
deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system.
(Added Pub. L. 115–254, div. B, title III, §346(a), Oct. 5, 2018, 132 Stat. 3294.)
Editorial Notes

References in Text
The date of enactment of this Act, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Prior Provisions
Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 334(a) and (c) of Pub. L. 112–95, which was set
out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §346(b)(2), Oct. 5, 2018, 132 Stat. 3295. The
remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.
Statutory Notes and Related Subsidiaries

Public UAS Access to Special Use Airspace
Pub. L. 115–254, div. B, title III, §368, Oct. 5, 2018, 132 Stat. 3310, provided that: "Not later than 180 days after the date of enactment of this
Act [Oct. 5, 2018], the Secretary of Transportation shall issue guidance for the expedited and timely access to special use airspace for public
unmanned aircraft systems in order to assist Federal, State, local, or tribal law enforcement organizations in conducting law enforcement,
emergency response, or for other activities."

§44807. Special authority for certain unmanned aircraft systems
(a) In General.—Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if
certain unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking
required by section 44802 or the guidance required by section 44806.
(b) Assessment of Unmanned Aircraft Systems.—In making the determination under subsection (a), the Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated
areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of
the national airspace system or the public; and
(2) whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation
of unmanned aircraft systems identified under paragraph (1) of this subsection.
(c) Requirements for Safe Operation.—If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the
national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system, including
operation related to research, development, and testing of proprietary systems.
(d) Sunset.—The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace
system terminates effective September 30, 2023.
(Added Pub. L. 115–254, div. B, title III, §347(a), Oct. 5, 2018, 132 Stat. 3296.)
Editorial Notes

Prior Provisions
Provisions similar to those in this section were contained in section 333 of Pub. L. 112–95, which was set out in a note under section 40101 of
this title, prior to repeal by Pub. L. 115–254, div. B, title III, §347(b)(2), Oct. 5, 2018, 132 Stat. 3296. The remainder of the note comprised of subtitle
B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

§44808. Carriage of property by small unmanned aircraft systems for compensation or hire
(a) In General.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation
Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire
within the United States.
(b) Contents.—Any rulemaking conducted under subsection (a) shall provide for the following:
(1) Use performance-based requirements.
(2) Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their
operation and tailor performance-based requirements to appropriately mitigate risk.
(3) Consider the unique characteristics of highly automated, small unmanned aircraft systems.
(4) Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—
(A) airworthiness of small unmanned aircraft systems;
(B) qualifications for operators and the type and nature of the operations;
(C) operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and
(D) the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for
compensation or hire within the communities to be served.
(5) Small uas.—The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority
for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—
(A) registration with the Department of Transportation;
(B) authorization from the Federal Aviation Administration to conduct operations; and
(C) compliance with chapters 401, 411, and 417.
(6) Availability of current certification processes.—Pending completion of the rulemaking required in subsection (a) of this section, a person may
seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.

(Added Pub. L. 115–254, div. B, title III, §348(a), Oct. 5, 2018, 132 Stat. 3297.)
Editorial Notes

References in Text
The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which
was approved Oct. 5, 2018.

§44809. Exception for limited recreational operations of unmanned aircraft
(a) In General.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small
unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following
limitations:
(1) The aircraft is flown strictly for recreational purposes.
(2) The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in
coordination with the Federal Aviation Administration.
(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the
operator.
(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator
obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and
prohibitions.
(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made
available to the Administrator or law enforcement upon request.
(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a
designee of the Administrator or law enforcement upon request.
(b) Other Operations.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations
generally applicable to unmanned aircraft and unmanned aircraft systems.
(c) Operations at Fixed Sites.—
(1) Operating procedure required.—Persons operating unmanned aircraft under subsection (a) from a fixed site within Class B, Class C, or Class D
airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization conducting a
sanctioned event within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon
operating procedure with the air traffic control facility.
(2) Unmanned aircraft weighing more than 55 pounds.—A person may operate an unmanned aircraft weighing more than 55 pounds, including the
weight of anything attached to or carried by the aircraft, under subsection (a) if—
(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
(B) the aircraft is operated from a fixed site as described in paragraph (1).
(d) Updates.—
(1) In general.—The Administrator, in consultation with government, stakeholders, and community-based organizations, shall initiate a process to
periodically update the operational parameters under subsection (a), as appropriate.
(2) Considerations.—In updating an operational parameter under paragraph (1), the Administrator shall consider—
(A) appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical
infrastructure;

(B) operations outside the membership, guidelines, and programming of a community-based organization;
(C) physical characteristics, technical standards, and classes of aircraft operating under this section;
(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;
(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and
(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace
system.
(3) Savings clause.—Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an
unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in subsection (a) of this section, prior to operation
in the national airspace system.
(e) Statutory Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a
person operating any unmanned aircraft who endangers the safety of the national airspace system.
(f) Exceptions.—Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those
unmanned aircraft eligible for the exception set forth in this section, relating to—
(1) updates to the operational parameters for unmanned aircraft in subsection (a);
(2) the registration and marking of unmanned aircraft;
(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and
(4) other standards consistent with maintaining the safety and security of the national airspace system.
(g) Aeronautical Knowledge and Safety Test.—
(1) In general.—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned
aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then
be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator.
(2) Requirements.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator's—
(A) understanding of aeronautical safety knowledge; and
(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national
airspace system.
(h) Community-based Organization Defined.—In this section, the term "community-based organization" means a membership-based association entity that
—
(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
(3) the mission of which is demonstrably the furtherance of model aviation;
(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that
emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and
may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling
active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;
(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.
(i) Recognition of Community-based Organizations.—In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular
within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.
(Added Pub. L. 115–254, div. B, title III, §349(a), Oct. 5, 2018, 132 Stat. 3298.)
Editorial Notes

References in Text
The date of enactment of this section, referred to in subsecs. (g)(1) and (i), is the date of enactment of Pub. L. 115–254, which was approved
Oct. 5, 2018.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1), (2), is classified to section 501 of Title 26, Internal Revenue
Code.

Prior Provisions
Provisions similar to those in subsecs. (a) and (e) of this section were contained in section 336(a) and (b) of Pub. L. 112–95, which was set
out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §349(b)(2), Oct. 5, 2018, 132 Stat. 3300. The
remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.
Statutory Notes and Related Subsidiaries

Use of Unmanned Aircraft Systems for Educational Purposes
Pub. L. 115–254, div. B, title III, §350, Oct. 5, 2018, 132 Stat. 3300, as amended by Pub. L. 116–283, div. H, title C, §10002, Jan. 1, 2021, 134 Stat.
4863, provided that:
"(a) Educational and Research Purposes.—For the purposes of section 44809 of title 49, United States Code, as added by this Act, a

'recreational purpose' as distinguished in subsection (a)(1) of such section shall include an unmanned aircraft system—
"(1) operated by an institution of higher education for educational or research purposes;
"(2) flown as part of an established Junior Reserve Officers' Training Corps (JROTC) program for education or research purposes; or
"(3) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection
(h) of such section).
"(b) Updates.—In updating an operational parameter under subsection (d)(1) of such section for unmanned aircraft systems operated by an
institution of higher education for educational or research purposes, the Administrator shall consider—
"(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, for educational or research
purposes, as a component of the institution's curricula or research;
"(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher
education; and
"(3) the airspace and aircraft operators that may be affected by such operations at the institution of higher education.
"(c) Deadline for Establishment of Procedures and Standards.—Not later than 270 days after the date of enactment of this Act [Oct. 5,
2018], the Administrator of the Federal Aviation Administration may establish regulations, procedures, and standards, as necessary, to
facilitate the safe operation of unmanned aircraft systems operated by institutions of higher education for educational or research purposes.
"(d) Definitions.—In this section:
"(1) Institution of higher education.—The term 'institution of higher education' has the meaning given to that term by section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
"(2) Educational or research purposes.—The term 'education or research purposes', with respect to the operation of an unmanned
aircraft system by an institution of higher education, includes—
"(A) instruction of students at the institution;
"(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal
research;
"(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal
Government; and
"(D) other academic activities approved by the institution.
"(e) Statutory Construction.—

"(1) Enforcement.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action
against a person operating any unmanned aircraft who endangers the safety of the national airspace system.
"(2) Regulations and standards.—Nothing in this section prohibits the Administrator from promulgating any rules or standards
consistent with maintaining the safety and security of the national airspace system."

§44810. Airport safety and airspace hazard mitigation and enforcement
(a) Coordination.—The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security,
and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or
deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not
adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.
(b) Plan.—
(1) In general.—The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or
systems for the detection and mitigation of unmanned aircraft systems.
(2) Contents.—The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation
Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system
operations.
(3) Aviation rulemaking committee.—The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and
any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to an aviation rulemaking committee chartered under this paragraph.
(4) Non-delegation.—The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or
tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code.
(c) Airspace Hazard Mitigation Program.—In order to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks
posed by unmanned aircraft, the Administrator shall deploy such technologies or systems at 5 airports, including 1 airport that ranks in the top 10 of the FAA's
most recent Passenger Boarding Data.
(d) Authority.—Under the testing and evaluation in subsection (c), the Administrator shall use unmanned aircraft detection and mitigation systems to detect
and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety.
(e) Aip Funding Eligibility.—Upon the certification, permitting, authorizing, or allowing of such technologies and systems that have been successfully tested
under this section, an airport sponsor may apply for a grant under subchapter I of chapter 471 to purchase an unmanned aircraft detection and mitigation
system. For purposes of this subsection, purchasing an unmanned aircraft detection and mitigation system shall be considered airport development (as defined
in section 47102).
(f) Briefing.—The Administrator shall annually brief the appropriate committees of Congress, including the Committee on Judiciary 1 of the House of
Representatives and the Committee on the Judiciary of the Senate, on the implementation of this section.
(g) Applicability of Other Laws.—Section 46502 of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act),
section 1031 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986),2 sections 2510–2522 of title 18, United States
Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States Code (commonly known as the Pen/Trap Statute), shall not apply
to activities authorized by the Administrator pursuant to subsection 3 (c) and (d).
(h) Sunset.—This section ceases to be effective September 30, 2023.
(i) Non-delegation.—The Administrator shall not delegate any authority granted to the Administrator under this section to other Federal, State, local,
territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. The Administrator may partner with other Federal
agencies under this section, subject to any restrictions contained in such agencies' authority to operate counter unmanned aircraft systems.
(Added Pub. L. 115–254, div. B, title III, §383(a), Oct. 5, 2018, 132 Stat. 3321.)
Editorial Notes

References in Text
The Aircraft Sabotage Act, referred to in subsec. (g), is part B (§§2011–2015) of chapter XX of title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat.
2187. Section 2013(b) of the Act generally amended section 32 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act
to the Code, see Short Title of 1984 Amendment note set out under section 31 of Title 18 and Tables.
The Federal Advisory Committee Act, referred to in subsec. (b)(3), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the
Appendix to Title 5, Government Organization and Employees.
The Computer Fraud and Abuse Act of 1986, referred to in subsec. (g), is Pub. L. 99–474, §1, Oct. 16, 1986, 100 Stat. 1213, which amended
section 1030 of Title 18, Crimes and Criminal Procedure. Section 1031 of Title 18 was enacted by Pub. L. 100–700, known as the Major Fraud Act of
1988.
Statutory Notes and Related Subsidiaries

Cooperation Related to Certain Counter-UAS Technology
Pub. L. 115–254, div. B, title III, §365, Oct. 5, 2018, 132 Stat. 3310, provided that: "In matters relating to the use of systems in the national
airspace system intended to mitigate threats posed by errant or hostile unmanned aircraft system operations, the Secretary of Transportation
shall consult with the Secretary of Defense to streamline deployment of such systems by drawing upon the expertise and experience of the
Department of Defense in acquiring and operating such systems consistent with the safe and efficient operation of the national airspace
system."

Enforcement
Pub. L. 115–254, div. B, title III, §372, Oct. 5, 2018, 132 Stat. 3312, provided that:
"(a) UAS Safety Enforcement.—The Administrator of the Federal Aviation Administration shall establish a pilot program to utilize available

remote detection or identification technologies for safety oversight, including enforcement actions against operators of unmanned aircraft
systems that are not in compliance with applicable Federal aviation laws, including regulations.
"(b) Reporting.—As part of the pilot program, the Administrator shall establish and publicize a mechanism for the public and Federal, State,
and local law enforcement to report suspected operation of unmanned aircraft in violation of applicable Federal laws and regulations.
"(c) Report to Congress.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018], and
annually thereafter through the duration of the pilot program established in subsection (a), 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 following:
"(1) The number of unauthorized unmanned aircraft operations detected in restricted airspace, including in and around airports,
together with a description of such operations.
"(2) The number of enforcement cases brought by the Federal Aviation Administration or other Federal agencies for unauthorized
operation of unmanned aircraft detected through the program, together with a description of such cases.
"(3) Recommendations for safety and operational standards for unmanned aircraft detection and mitigation systems.
"(4) Recommendations for any legislative or regulatory changes related to mitigation or detection or identification of unmanned aircraft
systems.
"(d) Sunset.—The pilot program established in subsection (a) shall terminate on September 30, 2023.
"(e) Civil Penalties.—[Amended section 46301 of this title.]
"(f) Rule of Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement
action for a violation of this subtitle or any other applicable provision of aviation safety law or regulation using remote detection or identification
or other technology following the sunset of the pilot program."
1 So in original. Probably should be preceded by "the".

2 See References in Text note below.
3 So in original. Probably should be "subsections".

CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
Sec.

44901.
44902.
44903.
44904.
44905.
44906.
44907.
44908.
44909.
44910.
44911.
44912.
44913.
44914.
44915.
44916.
44917.
44918.
44919.
44920.

Screening passengers and property.
Refusal to transport passengers and property.
Air transportation security.
Domestic air transportation system security.
Information about threats to civil aviation.
Foreign air carrier security programs.
Security standards at foreign airports.
Travel advisory and suspension of foreign assistance.
Passenger manifests.
Agreements on aircraft sabotage, aircraft hijacking, and airport security.
Intelligence.
Research and development.
Explosive detection.
Airport construction guidelines.
Exemptions.
Assessments and evaluations.
Deployment of Federal air marshals.
Crew training.
PreCheck Program.
Security screening opt-out program.1

44921.
44922.
44923.
44924.
44925.
44926.
44927.

Federal flight deck officer program.
Deputization of State and local law enforcement officers.
Airport security improvement projects.
Repair station security.
Deployment and use of detection equipment at airport screening checkpoints.
Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.
Expedited screening for severely injured or disabled members of the Armed Forces and severely
injured or disabled veterans.
Honor Flight program.
Donation of screening equipment to protect the United States.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
Authority to exempt.
Administrative.
Federal Security Managers.
Foreign Security Liaison Officers.
Employment standards and training.
Employment investigations and restrictions.
Prohibition on transferring duties and powers.

44928.
44929.
44931.
44932.
44933.
44934.
44935.
44936.
44937.

44938.
44939.
44940.
44941.
44942.
44943.
44944.
44945.
44946.
44947.
44948.

Reports.
Training to operate certain aircraft.
Security service fee.
Immunity for reporting suspicious activities.
Performance goals and objectives.
Performance management system.
Voluntary provision of emergency services.
Disposition of unclaimed money and clothing.
Aviation Security Advisory Committee.
Air cargo security division.
National Deployment Office.
Editorial Notes

Amendments
2018—Pub. L. 115–254, div. K, title I, §§1937(b)(2), 1943(b), 1955(a)(2), 1988(b), 1991(j)(2), 1992, Oct. 5, 2018, 132 Stat. 3579, 3584, 3596,
3623, 3646, added items 44929, 44931, 44932, 44942, 44943, 44947, and 44948 and substituted "PreCheck Program" for "Security screening
pilot program" in item 44919 and "Deputization" for "Deputation" in item 44922.
2014—Pub. L. 113–238, §2(b), Dec. 18, 2014, 128 Stat. 2846, which directed amendment of analysis for subchapter II of chapter 449 of title 49 by
adding item 44946 at the end, was executed by adding item 44946 to analysis for this chapter to reflect the probable intent of Congress.
Pub. L. 113–221, §2(b), Dec. 16, 2014, 128 Stat. 2094, which directed amendment of analysis for title 49 by adding item 44928 after item
44927, was executed by adding item 44928 to analysis for this chapter, to reflect the probable intent of Congress.
2013—Pub. L. 113–27, §2(b), Aug. 9, 2013, 127 Stat. 504, which directed amendment of analysis for subchapter I of chapter 449 by adding item
44927 after item 44926, was executed by adding item 44927 to analysis for this chapter to reflect the probable intent of Congress.
Pub. L. 112–271, §2(b), Jan. 14, 2013, 126 Stat. 2447, substituted "Disposition of unclaimed money and clothing" for "Disposition of unclaimed
money" in item 44945.
2007—Pub. L. 110–53, title XVI, §1606(b), Aug. 3, 2007, 121 Stat. 483, added item 44926.
2004—Pub. L. 108–458, title IV, §4013(b), Dec. 17, 2004, 118 Stat. 3720, added item 44925.
Pub. L. 108–334, title V, §515(c), Oct. 18, 2004, 118 Stat. 1318, added item 44945.
2003—Pub. L. 108–176, title VI, §§605(b)(3), 611(b)(2), Dec. 12, 2003, 117 Stat. 2568, 2572, added items 44923 and 44924.
Pub. L. 108–7, div. I, title III, §351(c), Feb. 20, 2003, 117 Stat. 420, added item 44922.
2002—Pub. L. 107–296, title XIV, §1402(b)(1), Nov. 25, 2002, 116 Stat. 2305, added item 44921.
2001—Pub. L. 107–71, title I, §§101(f)(6), 105(b), 107(b), 108(b), 113(b), 125(b), 131(b), Nov. 19, 2001, 115 Stat. 603, 607, 611, 613, 622, 632,
635, added items 44917 to 44920, 44939, 44941, and 44944 and struck out items 44931 "Director of Intelligence and Security" and 44932
"Assistant Administrator for Civil Aviation Security".
Pub. L. 107–71, title I, §118(b), Nov. 19, 2001, 115 Stat. 627, which directed addition of item 44940 to the analysis for chapter 449 without
specifying the Code title to be amended, was executed by adding item 44940 to this analysis to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title III, §312(b), Oct. 9, 1996, 110 Stat. 3254, added item 44916.
1 Section catchline amended by Pub. L. 115–254 without corresponding amendment of chapter analysis.

SUBCHAPTER I—REQUIREMENTS

§44901. Screening passengers and property

(a) In General.—The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including
United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign
air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal Government employee (as defined in section 2105 of title 5), except as otherwise provided in section
44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match
programs.
(b) Supervision of Screening.—All screening of passengers and property at airports in the United States where screening is required under this section
shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any
individual performing such screening.
(c) Checked Baggage.—A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable.
(d) Explosives Detection Systems.—
(1) In general.—The Administrator of the Transportation Security Administration shall take all necessary action to ensure that—
(A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient
explosives detection systems to screen all checked baggage, and that as soon as such systems are in place at an airport, all checked baggage at the
airport is screened by those systems; and
(B) all systems deployed under subparagraph (A) are fully utilized; and
(C) if explosives detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means.
(2) Preclearance airports.—
(A) In general.—For a flight or flight segment originating at an airport outside the United States and traveling to the United States with respect to which
checked baggage has been screened in accordance with an aviation security preclearance agreement between the United States and the country in which
such airport is located, the Administrator of the Transportation Security Administration may, in coordination with U.S. Customs and Border Protection,
determine whether such baggage must be re-screened in the United States by an explosives detection system before such baggage continues on any
additional flight or flight segment.
(B) Aviation security preclearance agreement defined.—In this paragraph, the term "aviation security preclearance agreement" means an
agreement that delineates and implements security standards and protocols that are determined by the Administrator of the Transportation Security
Administration, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and therefore sufficiently effective
to enable passengers to deplane into sterile areas of airports in the United States.
(C) Rescreening requirement.—If the Administrator of the Transportation Security Administration determines that the government of a foreign country
has not maintained security standards and protocols comparable to those of the United States at airports at which preclearance operations have been
established in accordance with this paragraph, the Administrator shall ensure that Transportation Security Administration personnel rescreen passengers
arriving from such airports and their property in the United States before such passengers are permitted into sterile areas of airports in the United States.
(D) Report.—The Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of
Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate an annual report on the re-screening of baggage under this paragraph. Each such report shall include the following for the year
covered by the report:
(i) A list of airports outside the United States from which a flight or flight segment traveled to the United States for which the Administrator determined,
in accordance with the authority under subparagraph (A), that checked baggage was not required to be re-screened in the United States by an explosives
detection system before such baggage continued on an additional flight or flight segment.
(ii) The amount of Federal savings generated from the exercise of such authority.
(e) Mandatory Screening Where EDS Not Yet Available.—As soon as practicable and until the requirements of subsection (b)(1)(A) are met, the
Administrator of the Transportation Security Administration shall require alternative means for screening any piece of checked baggage that is not screened by
an explosives detection system. Such alternative means may include 1 or more of the following:
(1) A bag-match program that ensures that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the
aircraft.
(2) Manual search.
(3) Search by canine explosives detection units in combination with other means.

(4) Other means or technology approved by the Administrator.
(f) Cargo Deadline.—A system must be in operation to screen, inspect, or otherwise ensure the security of all cargo that is to be transported in all-cargo
aircraft in air transportation and intrastate air transportation as soon as practicable.
(g) Air Cargo on Passenger Aircraft.—
(1) In general.—The Secretary of Homeland Security shall establish a system to screen 100 percent of cargo transported on passenger aircraft operated
by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft carrying cargo.
(2) Minimum standards.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other
methods approved by the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security commensurate with the level of security for the screening of passenger checked baggage.
(3) Regulations.—The Secretary of Homeland Security shall issue a final rule as a permanent regulation to implement this subsection in accordance with
the provisions of chapter 5 of title 5.
(4) Screening defined.—In this subsection the term "screening" means a physical examination or non-intrusive methods of assessing whether cargo
poses a threat to transportation security. Methods of screening include x-ray systems, explosives detection systems, explosives trace detection, explosives
detection canine teams certified by the Transportation Security Administration, or a physical search together with manifest verification. The Administrator may
approve additional methods to ensure that the cargo does not pose a threat to transportation security and to assist in meeting the requirements of this
subsection. Such additional cargo screening methods shall not include solely performing a review of information about the contents of cargo or verifying the
identity of a shipper of the cargo that is not performed in conjunction with other security methods authorized under this subsection, including whether a known
shipper is registered in the known shipper database. Such additional cargo screening methods may include a program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and alternative screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the
Implementing Recommendations of the 9/11 Commission Act of 2007.
(h) Deployment of Armed Personnel.—
(1) In general.—The Administrator of the Transportation Security Administration shall order the deployment of law enforcement personnel authorized to
carry firearms at each airport security screening location to ensure passenger safety and national security.
(2) Minimum requirements.—Except at airports required to enter into agreements under subsection (c), the Administrator of the Transportation Security
Administration shall order the deployment of at least 1 law enforcement officer at each airport security screening location. At the 100 largest airports in the
United States, in terms of annual passenger enplanements for the most recent calendar year for which data are available, the Administrator shall order the
deployment of additional law enforcement personnel at airport security screening locations if the Administrator determines that the additional deployment is
necessary to ensure passenger safety and national security.
(i) Exemptions and Advising Congress on Regulations.—The Administrator of the Transportation Security Administration—
(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing air transportation under a
certificate issued under section 41102 of this title or a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be prescribed under this section at least 30 days before the effective date of the regulation, unless the
Administrator decides an emergency exists requiring the regulation to become effective in fewer than 30 days and notifies Congress of that decision.
(j) Blast-Resistant Cargo Containers.—
(1) In general.—The Administrator of the Transportation Security Administration shall—
(A) evaluate the results of the blast-resistant cargo container pilot program that was initiated before August 3, 2007; and
(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees 1 of Congress and air carriers a report on that
evaluation which may contain nonclassified and classified sections.
(2) Acquisition, maintenance, and replacement.—Upon completion and consistent with the results of the evaluation that paragraph (1)(A) requires, the
Administrator shall—
(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and replace blast-resistant cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo containers to air carriers pursuant to paragraph (3).

(3) Distribution to air carriers.—The Administrator shall make available, beginning not later than July 1, 2008, blast-resistant cargo containers to air
carriers for use on a risk managed basis as determined by the Administrator.
(k) General Aviation Airport Security Program.—
(1) In general.—The Administrator of the Transportation Security Administration shall—
(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined in section 47134(m)); 2 and
(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.
(2) Grant program.—The Administrator shall initiate and complete a study of the feasibility of a program, based on a risk-managed approach, to provide
grants to operators of general aviation airports (as defined in section 47134(m)) 1 for projects to upgrade security at such airports. If the Administrator
determines that such a program is feasible, the Administrator shall establish such a program.
(3) Application to general aviation aircraft.—The Administrator shall develop a risk-based system under which—
(A) general aviation aircraft, as identified by the Administrator, in coordination with the Administrator of the Federal Aviation Administration, are required to
submit passenger information and advance notification requirements for United States Customs and Border Protection before entering United States
airspace; and
(B) such information is checked against appropriate databases.
(4) Authorization of appropriations.—There are authorized to be appropriated to the Administrator of the Transportation Security Administration such
sums as may be necessary to carry out paragraphs (2) and (3).
(l) Limitations on Use of Advanced Imaging Technology for Screening Passengers.—
(1) Definitions.—In this subsection, the following definitions apply:
(A) Advanced imaging technology.—The term "advanced imaging technology"—
(i) means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other
objects on the body; and
(ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as "whole-body imaging technology" or "body scanning
machines".
(B) Appropriate congressional committees.—The term "appropriate congressional committees" means—
(i) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of Representatives.
(C) Automatic target recognition software.—The term "automatic target recognition software" means software installed on an advanced imaging
technology that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals.
(2) Use of advanced imaging technology.—The Administrator of the Transportation Security Administration shall ensure that any advanced imaging
technology used for the screening of passengers under this section—
(A) is equipped with and employs automatic target recognition software; and
(B) complies with such other requirements as the Administrator determines necessary to address privacy considerations.
(3) Extension.—
(A) In general.—The Administrator of the Transportation Security Administration may extend the deadline specified in paragraph (2), if the Administrator
determines that—
(i) an advanced imaging technology equipped with automatic target recognition software is not substantially as effective at screening passengers as an
advanced imaging technology without such software; or

(ii) additional testing of such software is necessary.
(B) Duration of extensions.—The Administrator of the Transportation Security Administration may issue one or more extensions under subparagraph
(A). The duration of each extension may not exceed one year.
(4) Reports.—
(A) In general.—Not later than 60 days after the date on which the Administrator of the Transportation Security Administration issues any extension
under paragraph (3), the Administrator shall submit to the appropriate congressional committees a report on the implementation of this subsection.
(B) Elements.—A report submitted under subparagraph (A) shall include the following:
(i) A description of all matters the Administrator of the Transportation Security Administration considers relevant to the implementation of the
requirements of this subsection.
(ii) The status of compliance by the Transportation Security Administration with such requirements.
(iii) If the Administration is not in full compliance with such requirements—
(I) the reasons for the noncompliance; and
(II) a timeline depicting when the Administrator of the Transportation Security Administration expects the Administration to achieve full compliance.
(C) Security classification.—To the greatest extent practicable, a report prepared under subparagraph (A) shall be submitted in an unclassified format.
If necessary, the report may include a classified annex.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §§101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV,
§425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53, title XVI, §§1602(a), 1609, 1617, Aug. 3, 2007, 121 Stat. 477, 484, 488; Pub. L. 112–95, title VIII, §826,
Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, §2, Dec. 20, 2012, 126 Stat. 1593; Pub. L. 114–125, title VIII, §815, Feb. 24, 2016, 130 Stat. 220; Pub. L. 115–
254, div. K, title I, §§1937(b)(3), 1991(d)(1), Oct. 5, 2018, 132 Stat. 3579, 3627.)
Historical and Revision Notes
Revised
Section
44901(a)

49 App.:1356(a) (1st sentence).

44901(b)
44901(c)(1)

49 App.:1356(a) (2d sentence).
49 App.:1356(c).

44901(c)(2)

49 App.:1356(a) (3d sentence 19th–
last words).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§315(a) (1st, 2d sentences, 3d sentence
19th–last words); added Aug. 5, 1974,
Pub. L. 93–366, §202, 88 Stat. 415; Aug.
8, 1985, Pub. L. 99–83, §551(b)(1), 99
Stat. 225.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§315(c); added Aug. 5, 1974, Pub. L. 93–
366, §202, 88 Stat. 415; Nov. 16, 1990,
Pub. L. 101–604, §102(a), 104 Stat. 3068.

In subsection (a), the words "or continue in effect reasonable", "intended", and "the aircraft for such transportation" are omitted as surplus.
In subsection (b), the words "Notwithstanding subsection (a) of this section" are added for clarity. The words "One year after August 5, 1974,
or after the effective date of such regulations, whichever is later" are omitted as executed. The words "alter or", "a continuation of", "the extent
deemed necessary to", and "acts of" are omitted as surplus.
In subsection (c)(1), the words "in whole or in part" and "those" are omitted as surplus. The word "providing" is substituted for "engaging in"
for consistency in the revised title. The words "interstate, overseas, or foreign" are omitted because of the definition of "air transportation" in

section 40102(a) of the revised title. The words "of public convenience and necessity", "by the Civil Aeronautics Board", "foreign air carrier",
and "by the Board" are omitted as surplus.
In subsection (c)(2), the words "or amendments thereto" and "or amendments" are omitted as surplus.
Editorial Notes

References in Text
Subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (g)(4), is
section 1602(b) of Pub. L. 110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not classified to the Code.
Section 47134(m), referred to in subsec. (k)(1)(A), (2), is section 47134(m) of this title, which was repealed by Pub. L. 115–254, div. B, title I,
§160(a)(6), Oct. 5, 2018, 132 Stat. 3221.

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(1)(A), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security" and struck out ", United States Code" after "title 5".
Pub. L. 115–254, §1937(b)(3), struck out "44919 or" before "44920".
Subsec. (c). Pub. L. 115–254, §1991(d)(1)(B), struck out "but not later than the 60th day following the date of enactment of the Aviation and
Transportation Security Act" before period at end.
Subsec. (d)(1). Pub. L. 115–254, §1991(d)(1)(C)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security" in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 115–254, §1991(d)(1)(C)(i)(II), struck out "no later than December 31, 2002" after "to screen all checked baggage".
Subsec. (d)(2). Pub. L. 115–254, §1991(d)(1)(C)(ii), (iii), redesignated par. (4) as (2) and struck out former par. (2) which related to
determination by the Under Secretary of Transportation for Security that the Transportation Security Administration would not be able to deploy
required explosives detection systems at certain airports by Dec. 31, 2002.
Subsec. (d)(2)(A). Pub. L. 115–254, §1991(d)(1)(C)(iv)(I), substituted "Administrator of the Transportation Security Administration" for
"Assistant Secretary (Transportation Security Administration)".
Subsec. (d)(2)(B). Pub. L. 115–254, §1991(d)(1)(C)(iv)(II), substituted "Administrator of the Transportation Security Administration" for
"Assistant Secretary".
Subsec. (d)(2)(D). Pub. L. 115–254, §1991(d)(1)(C)(iv)(III), in introductory provisions, substituted "Administrator of the Transportation Security
Administration" for "Assistant Secretary" and, in cl. (i), substituted "Administrator" for "Assistant Secretary".
Subsec. (d)(3), (4). Pub. L. 115–254, §1991(d)(1)(C)(ii), (iii), struck out par. (3) and redesignated par. (4) as (2). Prior to amendment, text of
par. (3) read as follows: "Until the Transportation Security Administration has met the requirements of paragraph (1), the Under Secretary shall
submit a classified report every 30 days after the date of enactment of this Act to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the progress made toward
meeting such requirements at each airport."
Subsec. (e). Pub. L. 115–254, §1991(d)(1)(D)(i), in introductory provisions, struck out "but not later than the 60th day following the date of
enactment of the Aviation and Transportation Security Act" after "practicable" and substituted "Administrator of the Transportation Security
Administration" for "Under Secretary".
Subsec. (e)(4). Pub. L. 115–254, §1991(d)(1)(D)(ii), substituted "Administrator" for "Under Secretary".
Subsec. (f). Pub. L. 115–254, §1991(d)(1)(E), struck out "after the date of enactment of the Aviation and Transportation Security Act" before
period at end.
Subsec. (g)(1). Pub. L. 115–254, §1991(d)(1)(F)(i), substituted "The" for "Not later than 3 years after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act of 2007, the".
Subsec. (g)(2). Pub. L. 115–254, §1991(d)(1)(F)(ii), substituted "baggage." for "baggage as follows:

"(A) 50 percent of such cargo is so screened not later than 18 months after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
"(B) 100 percent of such cargo is so screened not later than 3 years after such date of enactment."
Subsec. (g)(3). Pub. L. 115–254, §1991(d)(1)(F)(iii), amended par. (3) generally. Prior to amendment, par. (3) related to the issuance by the
Secretary of Homeland Security of an interim final rule and a final rule implementing subsec. (g).
Subsec. (g)(4), (5). Pub. L. 115–254, §1991(d)(1)(F)(iv), (v), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment,
text of par. (4) read as follows: "Not later than 1 year after the date of establishment of the system under paragraph (1), the Secretary shall
submit to the Committees referred to in paragraph (3)(B)(ii) a report that describes the system."
Subsec. (h)(1). Pub. L. 115–254, §1991(d)(1)(G)(i), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary".
Subsec. (h)(2). Pub. L. 115–254, §1991(d)(1)(G)(ii), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary" in first sentence, and "Administrator" for "Under Secretary" in two places in second sentence.
Subsec. (i). Pub. L. 115–254, §1991(d)(1)(H)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
in introductory provisions.
Subsec. (i)(2). Pub. L. 115–254, §1991(d)(1)(H)(ii), substituted "Administrator" for "Under Secretary".
Subsec. (j)(1). Pub. L. 115–254, §1991(d)(1)(I)(i), substituted "The" for "Before January 1, 2008, the" in introductory provisions.
Subsec. (j)(1)(A). Pub. L. 115–254, §1991(d)(1)(I)(ii), substituted "August 3, 2007" for "the date of enactment of this subsection".
Subsec. (k)(1). Pub. L. 115–254, §1991(d)(1)(J)(i), substituted "The" for "Not later than one year after the date of enactment of this subsection,
the" in introductory provisions.
Subsec. (k)(2). Pub. L. 115–254, §1991(d)(1)(J)(ii), substituted "The" for "Not later than 6 months after the date of enactment of this
subsection, the".
Subsec. (k)(3). Pub. L. 115–254, §1991(d)(1)(J)(iii), substituted "The" for "Not later than 180 days after the date of enactment of this
subsection, the" in introductory provisions.
Subsec. (l)(2). Pub. L. 115–254, §1991(d)(1)(K)(i)(I), substituted "The Administrator of the Transportation Security Administration" for
"Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.
Subsec. (l)(2)(B). Pub. L. 115–254, §1991(d)(1)(K)(i)(II), substituted "Administrator" for "Assistant Secretary".
Subsec. (l)(3)(A). Pub. L. 115–254, §1991(d)(1)(K)(ii)(I), substituted "Administrator of the Transportation Security Administration may extend"
for "Assistant Secretary may extend" and "Administrator determines" for "Assistant Secretary determines" in introductory provisions.
Subsec. (l)(3)(B). Pub. L. 115–254, §1991(d)(1)(K)(ii)(II), substituted "Administrator of the Transportation Security Administration" for
"Assistant Secretary".
Subsec. (l)(4)(A). Pub. L. 115–254, §1991(d)(1)(K)(iii)(I), struck out "60 days after the deadline specified in paragraph (2), and not later than"
after "Not later than" and substituted "Administrator of the Transportation Security Administration issues" for "Assistant Secretary issues" and
"Administrator shall" for "Assistant Secretary shall".
Subsec. (l)(4)(B)(i), (iii)(II). Pub. L. 115–254, §1991(d)(1)(K)(iii)(II), substituted "Administrator of the Transportation Security Administration" for
"Assistant Secretary".
2016—Subsec. (d)(4)(C), (D). Pub. L. 114–125 added subpar. (C) and redesignated former subpar. (C) as (D).
2012—Subsec. (d). Pub. L. 112–218, §2(b), which directed substitution of "explosives" for "explosive" wherever appearing in this section, was
executed in subsec. (d) by making such substitution wherever appearing in text as well as by substituting "Explosives" for "Explosive" in
heading, to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 112–218, §2(a), added par. (4).
Subsec. (e). Pub. L. 112–218, §2(b), substituted "explosives" for "explosive" in introductory provisions and in par. (3).
Subsec. (l). Pub. L. 112–95 added subsec. (l).
2007—Subsecs. (g) to (i). Pub. L. 110–53, §1602(a), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i),
respectively.
Subsec. (j). Pub. L. 110–53, §1609, added subsec. (j).
Subsec. (k). Pub. L. 110–53, §1617, added subsec. (k).

2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2) and (3).
2001—Subsec. (a). Pub. L. 107–71, §110(b)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:

"The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that
will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and
be carried out by a weapon-detecting facility or procedure used or operated by an employee or agent of an air carrier, intrastate air carrier, or
foreign air carrier."
Subsec. (b). Pub. L. 107–71, §110(b)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
"Notwithstanding subsection (a) of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening
only to ensure security against criminal violence and aircraft piracy in air transportation and intrastate air transportation."
Subsec. (c). Pub. L. 107–71, §110(b)(2), added subsec. (c). Former subsec. (c) redesignated (h).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions and par. (2).
Subsecs. (d) to (g). Pub. L. 107–71, §110(b)(2), added subsecs. (d) to (g).
Subsec. (h). Pub. L. 107–71, §110(b)(1), redesignated subsec. (c) as (h).
Statutory Notes and Related Subsidiaries

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

Savings Provision
Pub. L. 107–71, title I, §141, Nov. 19, 2001, 115 Stat. 643, provided that:
"(a) Transfer of Assets and Personnel.—Except as otherwise provided in this Act [see Tables for classification], those personnel, property,

and records employed, used, held, available, or to be made available in connection with a function transferred to the Transportation Security
Administration by this Act shall be transferred to the Transportation Security Administration for use in connection with the functions transferred.
Unexpended balances of appropriations, allocations, and other funds made available to the Federal Aviation Administration to carry out such
functions shall also be transferred to the Transportation Security Administration for use in connection with the functions transferred.
"(b) Legal Documents.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements,
certificates, licenses, and privileges—
"(1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation Administration, any officer or
employee thereof, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is
transferred by this Act; and
"(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on
such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in
accordance with law by the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration],
any other authorized official, a court of competent jurisdiction, or operation of law.
"(c) Proceedings.—
"(1) In general.—The provisions of this Act shall not affect any proceedings or any application for any license pending before the
Federal Aviation Administration at the time this Act takes effect [Nov. 19, 2001], insofar as those functions are transferred by this Act; but
such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been
enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by operation of law.
"(2) Statutory construction.—Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any
proceeding described in paragraph (1) under the same terms and conditions and to the same extent that such proceeding could have been

discontinued or modified if this Act had not been enacted.
"(3) Orderly transfer.—The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings from
the Federal Aviation Administration.
"(d) Suits.—
"(1) In general.—This Act shall not affect suits commenced before the date of the enactment of this Act [Nov. 19, 2001], except as
provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this Act had not been enacted.
"(2) Suits by or against faa.—Any suit by or against the Federal Aviation Administration begun before the date of the enactment of this
Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Transportation Security
Administration (to the extent the suit involves functions transferred to the Transportation Security Administration under this Act) substituted
for the Federal Aviation Administration.
"(3) Remanded cases.—If the court in a suit described in paragraph (1) remands a case to the Transportation Security Administration,
subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of
such subsequent proceedings.
"(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his official
capacity as an officer of the Federal Aviation Administration shall abate by reason of the enactment of this Act. No cause of action by or
against the Federal Aviation Administration, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment
of this Act.
"(f) Exercise of Authorities.—Except as otherwise provided by law, an officer or employee of the Transportation Security Administration
may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other
provision of law that were available with respect to the performance of that function to the official responsible for the performance of the
function immediately before the effective date of the transfer of the function under this Act.
"(g) Act Defined.—In this section, the term 'Act' includes the amendments made by this Act."

Transition Provisions
Pub. L. 107–71, title I, §101(g), Nov. 19, 2001, 115 Stat. 603, provided that:
"(1) Schedule for assumption of civil aviation security functions.—Not later than 3 months after the date of enactment of this Act [Nov. 19,

2001], the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall assume civil
aviation security functions and responsibilities under chapter 449 of title 49, United States Code, as amended by this Act, in accordance with a
schedule to be developed by the Secretary of Transportation, in consultation with air carriers, foreign air carriers, and the Administrator of the
Federal Aviation Administration. The Under Secretary shall publish an appropriate notice of the transfer of such security functions and
responsibilities before assuming the functions and responsibilities.
"(2) Assumption of contracts.—As of the date specified in paragraph (1), the Under Secretary may assume the rights and responsibilities of
an air carrier or foreign air carrier contract for provision of passenger screening services at airports in the United States described in section
44903(c), subject to payment of adequate compensation to parties to the contract, if any.
"(3) Assignment of contracts.—
"(A) In general.—Upon request of the Under Secretary, an air carrier or foreign air carrier carrying out a screening or security function
under chapter 449 of title 49, United States Code, may enter into an agreement with the Under Secretary to transfer any contract the carrier has
entered into with respect to carrying out the function, before the Under Secretary assumes responsibility for the function.
"(B) Schedule.—The Under Secretary may enter into an agreement under subparagraph (A) as soon as possible, but not later than 90
days after the date of enactment of this Act [Nov. 19, 2001]. The Under Secretary may enter into such an agreement for one 180-day period
and may extend such agreement for one 90-day period if the Under Secretary determines it necessary.
"(4) Transfer of ownership.—In recognition of the assumption of the financial costs of security screening of passengers and property at
airports, and as soon as practical after the date of enactment of this Act [Nov. 19, 2001], air carriers may enter into agreements with the Under
Secretary to transfer the ownership, at no cost to the United States Government, of any personal property, equipment, supplies, or other

material associated with such screening, regardless of the source of funds used to acquire the property, that the Secretary determines to be
useful for the performance of security screening of passengers and property at airports.
"(5) Performance of under secretary's functions during interim period.—Until the Under Secretary takes office, the functions of the Under
Secretary that relate to aviation security may be carried out by the Secretary or the Secretary's designee."

Plan To Reduce the Spread of Coronavirus at Passenger Screening Checkpoints
Pub. L. 117–81, div. F, title LXIV, §6415, Dec. 27, 2021, 135 Stat. 2413, provided that:
"(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Administrator, in coordination with

the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and
the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate,
security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger
screening checkpoints and among the TSA workforce.
"(b) Contents.—The plan required under subsection (a) shall include the following:
"(1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign
governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting
similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully
contained, that could be further integrated into the United States aviation security system.
"(2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening
technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for
implementing such changes.
"(c) Considerations.—In carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration
the following:
"(1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices
implemented in response to the coronavirus.
"(2) Volume and average wait times at each such security screening location.
"(3) Public health measures already in place at each such security screening location.
"(4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place.
"(5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices
implemented in response to the COVID–19 national emergency beyond the end of such emergency.
"(d) Consultation.—In developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders
and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory
TSA personnel carrying out screening functions under section 44901 of title 49, United States Code.
"(e) Submission.—Upon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on
Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
"(f) Issuance and Implementation.—The Administrator shall not be required to issue or implement, as the case may be, the plan required
under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such
issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations.
"(g) GAO Review.—Not later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance
with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any
efforts to implement such plan.
"(h) Definitions.—In this section:
"(1) The term 'Administrator' means the Administrator of the Transportation Security Administration.
"(2) The term 'coronavirus' has the meaning given such term in section 506 of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116–123) [134 Stat. 155].

"(3) The term 'COVID–19 national emergency' means the national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus.
"(4) The term 'public and private stakeholders' has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code.
"(5) The term 'TSA' means the Transportation Security Administration."

Screening Outside Primary Passenger Terminal Screening Area Pilot Program
Pub. L. 116–6, div. A, title II, §225, Feb. 15, 2019, 133 Stat. 25, as amended by Pub. L. 116–260, div. F, title II, §223, Dec. 27, 2020, 134 Stat.
1459, provided that:

"(a) Subject to the provisions of this section, the Administrator of the Transportation Security Administration (hereafter in this section referred
to as 'the Administrator') may conduct a pilot program to provide screening services outside of an existing primary passenger terminal
screening area where screening services are currently provided or would be eligible to be provided under the Transportation Security
Administration's annually appropriated passenger screening program as a primary passenger terminal screening area.
"(b) Any request for screening services under subsection (a) shall be initiated only at the request of a public or private entity regulated by the
Transportation Security Administration; shall be made in writing to the Administrator; and may only be submitted to the Transportation Security
Administration after consultation with the relevant local airport authority.
"(c) The Administrator may provide the requested screening services under subsection (a) if the Administrator provides a certification to the
Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations of the Senate that implementation of subsection (a) does not reduce the
security or efficiency of screening services already provided in primary passenger terminals at any impacted airports.
"(d) No screening services may be provided under subsection (a) unless the requesting entity agrees in writing to the scope of the screening
services to be provided, and agrees to compensate the Transportation Security Administration for all reasonable personnel and non-personnel
costs, including overtime, of providing the screening services.
"(e) The authority available under this section is effective for fiscal years 2019 through 2023 and may be utilized at not more than eight
locations for transportation security purposes.
"(f) Notwithstanding any other provision of law, an airport authority, air carrier, or other requesting entity shall not be liable for any claims for
damages filed in State or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to—
"(1) an airport authority's or other entity's decision to request that the Transportation Security Administration provide passenger
screening services outside of a primary passenger terminal screening area; or
"(2) any act of negligence, gross negligence, or intentional wrongdoing by employees of the Transportation Security Administration
providing passenger and property security screening services at a pilot program screening location.
"(g) Notwithstanding any other provision of law, any compensation received by the Transportation Security Administration under subsection
(d) shall be credited to the account used to finance the provision of reimbursable security screening services under subsection (a).
"(h) The Administrator shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of
Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate—
"(1) an implementation plan for the pilot programs under subsection (a), including the application process, that is due by 90 days after
the date of enactment of this Act [Feb. 15, 2019];
"(2) an evaluation plan for the pilot programs; and
"(3) annual performance reports, by not later than 60 days after the end of each fiscal year in which the pilot programs are in operation,
including—
"(A) the amount of reimbursement received by the Transportation Security Administration from each entity in the pilot program for
the preceding fiscal year, delineated by personnel and non-personnel costs;
"(B) an analysis of the results of the pilot programs corresponding to the evaluation plan required under paragraph (2);
"(C) any Transportation Security Administration staffing changes created at the primary passenger screening checkpoints and
baggage screening as a result of the pilot program; and
"(D) any other unintended consequences created by the pilot program.

"(i) Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities,
duties, or authorities of the Transportation Security Administration.
"(j) For the purposes of this section, the term 'airport' means a commercial service airport as defined by section 47107(7) of title 49[,] United
States Code.
"(k) For the purposes of this section, the term 'screening services' means the screening of passengers, flight crews, and their carry-on
baggage and personal articles, and may include checked baggage screening if that type of screening is performed at an offsite location that is
not part of a passenger terminal of a commercial airport.
"(l) For the purpose of this section, the term 'primary passenger terminal screening area' means the security checkpoints relied upon by
airports as the principal points of entry to a sterile area of an airport."

Reciprocal Recognition of Security Standards
Pub. L. 115–254, div. K, title I, §1914, Oct. 5, 2018, 132 Stat. 3555, provided that:
"(a) In General.—The Administrator [of the Transportation Security Administration], in coordination with appropriate international aviation

security authorities, shall develop a validation process for the reciprocal recognition of security equipment technology approvals among
international security partners or recognized certification authorities for deployment.
"(b) Requirement.—The validation process shall ensure that the certification by each participating international security partner or
recognized certification authority complies with detection, qualification, and information security, including cybersecurity, standards of the TSA
[Transportation Security Administration], the Department of Homeland Security, and the National Institute of Standards and Technology."

Real-Time Security Checkpoint Wait Times
Pub. L. 115–254, div. K, title I, §1922, Oct. 5, 2018, 132 Stat. 3561, provided that:
"(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration] shall make available to the public information on wait times at each airport security checkpoint at which security
screening operations are conducted or overseen by the TSA [Transportation Security Administration].
"(b) Requirements.—The information described in subsection (a) shall be provided in real time via technology and published—
"(1) online; and
"(2) in physical locations at applicable airport terminals.
"(c) Considerations.—The Administrator shall only make the information described in subsection (a) available to the public if it can do so in a
manner that does not increase public area security risks.
"(d) Definition of Wait Time.—In this section, the term 'wait time' means the period beginning when a passenger enters a queue for a
screening checkpoint and ending when that passenger exits the checkpoint."

Screening Technology Review and Performance Objectives
Pub. L. 115–254, div. K, title I, §1924, Oct. 5, 2018, 132 Stat. 3562, provided that:
"(a) Review of Technology Acquisitions Process.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration], in coordination with relevant officials of the Department [of Homeland Security], shall conduct a review of existing
advanced transportation security screening technology testing and evaluation, acquisitions, and procurement practices within TSA
[Transportation Security Administration].
"(2) Contents.—Such review shall include—
"(A) identifying process delays and obstructions within the Department and the Administration regarding how such technology is
identified, tested and evaluated, acquired, and deployed;
"(B) assessing whether the TSA can better leverage existing resources or processes of the Department for the purposes of
technology testing and evaluation;

"(C) assessing whether the TSA can further encourage innovation and competition among technology stakeholders, including
through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small
Business Act (15 U.S.C. 632));
"(D) identifying best practices of other Department components or United States Government entities; and
"(E) a plan to address any problems or challenges identified by such review.
"(b) Briefing.—The Administrator shall provide to the appropriate committees of Congress [Committees on Commerce, Science, and
Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of
Representatives] a briefing on the findings of the review required under this section and a plan to address any problems or challenges
identified by such review.
"(c) Acquisitions and Procurement Enhancement.—Incorporating the results of the review in subsection (a), the Administrator shall—
"(1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new
advanced transportation security screening technologies;
"(2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the
Administration; and
"(3) ensure the effectiveness and efficiency of such processes.
"(d) Assessment.—The Secretary [of Homeland Security], in consultation with the Chief Privacy Officer of the Department, shall submit to the
appropriate committees of Congress a compliance assessment of the TSA acquisition process relating to the health and safety risks
associated with implementation of screening technologies.
"(e) Performance Objectives.—The Administrator shall establish performance objectives for the testing and verification of security
technology, including testing and verification conducted by appropriate third parties under section 1911 [49 U.S.C. 114 note], to ensure that
progress is made, at a minimum, toward—
"(1) reducing time for each phase of testing while maintaining security (including testing for detection testing, operational testing, testing
and verification framework, and field testing);
"(2) eliminating testing and verification delays; and
"(3) increasing accountability.
"(f) Tracking.—
"(1) In general.—In carrying out subsection (e), the Administrator shall establish and continually track performance metrics for each
type of security technology submitted for testing and verification, including testing and verification conducted by appropriate third parties
under section 1911.
"(2) Measuring progress toward goals.—The Administrator shall use the metrics established and tracked under paragraph (1) to
generate data on an ongoing basis and to measure progress toward the achievement of the performance objectives established under
subsection (e).
"(3) Report required.—
"(A) In general.—Not later than 2 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the
appropriate committees of Congress a report assessing the extent to which the performance objectives established under subsection (e),
as measured by the performance metrics established and tracked under paragraph (1) of this subsection, have been met.
"(B) Elements.—The report required by subparagraph (A) shall include—
"(i) a list of the performance metrics established under paragraph (1), including the length of time for each phase of testing and
verification for each type of security technology; and
"(ii) a comparison of the progress achieved for testing and verification of security technology conducted by the TSA and the
testing and verification of security technology conducted by third parties.
"(C) Proprietary information.—The report required by subparagraph (A) shall—
"(i) not include identifying information regarding an individual or entity or equipment; and
"(ii) protect proprietary information.
"(g) Information Technology Security.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall
submit to the appropriate committees of Congress a plan to conduct recurring reviews of the operational, technical, and management security

controls for Administration information technology systems at airports."

Computed Tomography Pilot Programs
Pub. L. 115–254, div. K, title I, §1925, Oct. 5, 2018, 132 Stat. 3563, provided that:
"(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration] shall carry out a pilot program to test the use of screening equipment using computed tomography technology to
screen baggage at passenger screening checkpoints at airports.
"(b) Feasibility Study.—
"(1) In general.—Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Under
Secretary for Science and Technology of the Department [of Homeland Security], shall submit to the appropriate committees of Congress
[Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee
on Homeland Security of the House of Representatives] a feasibility study regarding expanding the use of computed tomography technology
for the screening of air cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation, interstate
air transportation, or interstate air commerce.
"(2) Considerations.—In conducting the feasibility study under paragraph (1), the Administrator shall consider the following:
"(A) Opportunities to leverage computed tomography systems used for screening passengers and baggage.
"(B) Costs and benefits of using computed tomography technology for screening air cargo.
"(C) An analysis of emerging computed tomography systems that may have potential to enhance the screening of air cargo,
including systems that may address aperture challenges associated with screening certain categories of air cargo.
"(D) An analysis of emerging screening technologies, in addition to computed tomography, that may be used to enhance the
screening of air cargo.
"(c) Pilot Program.—Not later than 120 days after the date the feasibility study is submitted under subsection (b), the Administrator shall
initiate a 2-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening
technologies, such as computed tomography technology, as identified through such study.
"(d) Updates.—Not later than 60 days after the date the pilot program under subsection (c) is initiated, and biannually thereafter for 2 years,
the Administrator shall brief the appropriate committees of Congress on the progress of implementation of such pilot program.
"(e) Definitions.—In this section:
"(1) Air carrier.—The term 'air carrier' has the meaning given the term in section 40102 of title 49, United States Code.
"(2) Air transportation.—The term 'air transportation' has the meaning given the term in section 40102 of title 49, United States Code.
"(3) Foreign air carrier.—The term 'foreign air carrier' has the meaning given the term in section 40102 of title 49, United States Code.
"(4) Interstate air commerce.—The term 'interstate air commerce' has the meaning given the term in section 40102 of title 49, United States
Code.
"(5) Interstate air transportation.—The term 'interstate air transportation' has the meaning given the term in section 40102 of title 49,
United States Code."

Screening Performance Assessments
Pub. L. 115–254, div. K, title I, §1947, Oct. 5, 2018, 132 Stat. 3587, provided that: "Subject to part 1520 of title 49, Code of Federal Regulations,
the Administrator [of the Transportation Security Administration] shall quarterly make available to the airport director of an airport—
"(1) an assessment of the screening performance of that airport compared to the mean average performance of all airports in the
equivalent airport category for screening performance data; and
"(2) a briefing on the results of performance data reports, including—
"(A) a scorecard of objective metrics developed by the Office of Security Operations to measure screening performance, such as
results of annual proficiency reviews and covert testing, at the appropriate level of classification; and
"(B) other performance data, including—
"(i) passenger throughput;
"(ii) wait times; and

"(iii) employee attrition, absenteeism, injury rates, and any other human capital measures collected by the TSA [Transportation
Security Administration]."

Improvements for Screening of Passengers With Disabilities
Pub. L. 115–254, div. K, title I, §1950, Oct. 5, 2018, 132 Stat. 3589, provided that:
"(a) Revised Training.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration], in consultation with nationally-recognized veterans and disability organizations, shall revise the training
requirements for Transportation Security Officers related to the screening of passengers with disabilities, including passengers with
disabilities who participate in the PreCheck program.
"(2) Training specifications.—In revising the training requirements under paragraph (1), the Administrator shall address the proper
screening, and any particular sensitivities related to the screening, of a passenger with a disability—
"(A) traveling with a medical device, including an indwelling medical device;
"(B) traveling with a prosthetic;
"(C) traveling with a wheelchair, walker, scooter, or other mobility device;
"(D) traveling with a service animal; or
"(E) with sensitivities to touch, pressure, sound, or hypersensitivity to stimuli in the environment.
"(3) Training frequency.—The Administrator shall implement the revised training under paragraph (1) during initial and recurrent
training of all Transportation Security Officers.
"(b) Best Practices.—The individual at the TSA [Transportation Security Administration] responsible for civil rights, liberties, and traveler
engagement shall—
"(1) record each complaint from a passenger with a disability regarding the screening practice of the TSA;
"(2) identify the most frequent concerns raised, or accommodations requested, in the complaints;
"(3) determine the best practices for addressing the concerns and requests identified in paragraph (2); and
"(4) recommend appropriate training based on such best practices.
"(c) Signage.—At each category X airport, the TSA shall place signage at each security checkpoint that—
"(1) specifies how to contact the appropriate TSA employee at the airport designated to address complaints of screening mistreatment
based on disability; and
"(2) describes how to receive assistance from that individual or other qualified personnel at the security screening checkpoint.
"(d) Reports to Congress.—Not later than September 30 of the first full fiscal year after the date of enactment of this Act [Oct. 5, 2018], and
each fiscal year thereafter, the Administrator shall submit to the appropriate committees of Congress [Committees on Commerce, Science,
and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of
Representatives] a report on the checkpoint experiences of passengers with disabilities, including the following:
"(1) The number and most frequent types of disability-related complaints received.
"(2) The best practices recommended under subsection (b) to address the top areas of concern.
"(3) The estimated wait times for assist requests for passengers with disabilities, including disabled passengers who participate in the
PreCheck program."

Air Cargo Advance Screening Program
Pub. L. 115–254, div. K, title I, §1951, Oct. 5, 2018, 132 Stat. 3590, provided that:
"(a) In General.—The Commissioner of U.S. Customs and Border Protection and the Administrator [of the Transportation Security
Administration], consistent with the requirements of the Trade Act of 2002 (Public Law 107–210)[,] shall—

"(1) establish an air cargo advance screening program (referred to in this section as the 'ACAS Program') for the collection of advance
electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by
air;

"(2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point
practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States;
"(3) establish appropriate communications systems with freight forwarders, shippers, and air carriers;
"(4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing
from any location that is inbound to the United States; and
"(5) identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.
"(b) Inspection of High-risk Cargo.—Under the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the
Administrator shall ensure that all cargo that has been identified as high-risk is inspected—
"(1) prior to the loading of such cargo onto aircraft at the last point of departure; or
"(2) at an earlier point in the supply chain, before departing for the United States.
"(c) Consultation.—In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator
shall consult with relevant stakeholders, as appropriate, to ensure that an operationally feasible and practical approach to—
"(1) the collection of advance information with respect to cargo on aircraft departing for the United States is applied; and
"(2) the inspection of high-risk cargo recognizes the significant differences among air cargo business models and modes of
transportation.
"(d) Analysis.—The Commissioner of U.S. Customs and Border Protection and the Administrator may analyze the information described in
subsection (a) in the Department of Homeland Security's automated targeting system and integrate such information with other intelligence to
enhance the accuracy of the risk assessment process under the ACAS Program.
"(e) No Duplication.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall carry out this section in a
manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate
other Department [of Homeland Security] programs or requirements relating to the submission of air cargo data or the inspection of high-risk
cargo.
"(f) Consideration of Industry.—In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the
Administrator shall—
"(1) consider the content and timeliness of the available data may vary among entities in the air cargo industry and among countries;
"(2) explore procedures to accommodate the variations described in paragraph (1) while maximizing the contribution of such data to the
risk assessment process under the ACAS Program;
"(3) test the business processes, technologies, and operational procedures required to provide advance information with respect to
cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring delays and other negative
impacts on vital supply chains are minimized; and
"(4) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for
air cargo under this section in line with the regulatory guidelines specified in Executive Order 13563 [5 U.S.C. 601 note] or any successor
Executive order or regulation.
"(g) Guidance.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall provide guidance for participants in
the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data.
"(h) Use of Data.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall use the data provided under the
ACAS Program for targeting shipments for screening and aviation security purposes only.
"(i) Final Rule.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Commissioner of U.S. Customs and
Border Protection, in coordination with the Administrator, shall issue a final regulation to implement the ACAS Program to include the
electronic transmission to U.S. Customs and Border Protection of data elements for targeting cargo, including appropriate security elements of
shipment level data.
"(j) Report.—Not later than 180 days after the date of the commencement of the ACAS Program, the Commissioner of U.S. Customs and
Border Protection and the Administrator shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and
Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of
Representatives] a report detailing the operational implementation of providing advance information under the ACAS Program and the value of
such information in targeting cargo."

Raising International Standards
Pub. L. 115–254, div. K, title I, §1955(c), Oct. 5, 2018, 132 Stat. 3596, provided that: "Not later than 90 days after the date of enactment of this
Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall collaborate with other aviation authorities and the
United States Ambassador or the Charge d'Affaires to the United States Mission to the International Civil Aviation Organization, as applicable,
to advance a global standard for each international airport to document and track the removal and disposal of any security screening
equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security."

International Security Standards
Pub. L. 115–254, div. K, title I, §1956, Oct. 5, 2018, 132 Stat. 3596, provided that:
"(a) Global Aviation Security Review.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration], in coordination with the Commissioner of the U.S. Customs and Border Protection, the Director of the Office of
International Engagement of the Department of Homeland Security, and the Secretary of State, shall conduct a global aviation security
review to improve aviation security standards, including standards intended to mitigate cybersecurity threats, across the global aviation
system.
"(2) Best practices.—The global aviation security review shall establish best practices regarding the following:
"(A) Collaborating with foreign partners to improve global aviation security capabilities and standards.
"(B) Identifying foreign partners that—
"(i) have not successfully implemented security protocols from the International Civil Aviation Organization or the Department
of Homeland Security; and
"(ii) have not taken steps to implement such security protocols;[.]
"(C) Improving the development, outreach, and implementation process for security directives or emergency amendments issued to
domestic and foreign air carriers.
"(D) Assessing the cybersecurity risk of security screening equipment.
"(b) Notification.—Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the United States
Ambassador to the International Civil Aviation Organization, shall notify the Committee on Commerce, Science, and Transportation and the
Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House
of Representatives of the progress of the review under subsection (a) and any proposed international improvements to aviation security.
"(c) ICAO.—Subject to subsection (a), the Administrator and Ambassador shall take such action at the International Civil Aviation
Organization as the Administrator and Ambassador consider necessary to advance aviation security improvement proposals, including if
practicable, introducing a resolution to raise minimum standards for aviation security.
"(d) Briefings to Congress.—Beginning not later than 180 days after the date of enactment of this Act, and periodically thereafter, the
Administrator, in consultation with the Ambassador with respect to subsection (c), shall brief the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on
Foreign Affairs of the House of Representatives on the implementation of subsections (a) and (b)."

Carriage of Weapons, Explosives, and Incendiaries by Individuals
Pub. L. 115–254, div. K, title I, §1962, Oct. 5, 2018, 132 Stat. 3601, provided that:
"(a) Interpretive Rule.—Subject to subsections (b) and (c), the Administrator [of the Transportation Security Administration] shall

periodically review and amend, as necessary, the interpretive rule (68 Fed. Reg. 7444) that provides guidance to the public on the types of
property considered to be weapons, explosives, and incendiaries prohibited under section 1540.111 of title 49, Code of Federal Regulations.
"(b) Considerations.—Before determining whether to amend the interpretive rule to include or remove an item from the prohibited list, the
Administrator shall—
"(1) research and evaluate—
"(A) the impact, if any, the amendment would have on security risks;

"(B) the impact, if any, the amendment would have on screening operations, including effectiveness and efficiency; and
"(C) whether the amendment is consistent with international standards and guidance, including of the International Civil Aviation
Organization; and
"(2) consult with appropriate aviation security stakeholders, including ASAC [Aviation Security Advisory Committee].
"(c) Exceptions.—Except for plastic or round bladed butter knives, the Administrator may not amend the interpretive rule described in
subsection (a) to authorize any knife to be permitted in an airport sterile area or in the cabin of an aircraft.
"(d) Notification.—The Administrator shall—
"(1) publish in the Federal Register any amendment to the interpretive rule described in subsection (a); and
"(2) notify the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security
and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the amendment not later
than 3 days before publication under paragraph (1)."

Consideration of Privacy and Civil Liberties
Pub. L. 115–141, div. F, title V, §521, Mar. 23, 2018, 132 Stat. 628, provided that: "Hereafter, in developing any process to screen aviation
passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such
processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and
guidance."

Bottles and Breastfeeding Equipment Screening
Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Bottles and Breastfeeding Equipment Screening Act'.
"SEC. 2. TSA SECURITY SCREENING GUIDELINES FOR BABY FORMULA, BREAST MILK, PURIFIED DEIONIZED WATER FOR INFANTS,
AND JUICE ON AIRPLANES; TRAINING ON SPECIAL PROCEDURES.
"Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016], the Administrator of the Transportation Security
Administration shall—
"(1) notify air carriers and security screening personnel of the Transportation Security Administration and personnel of private security
companies providing security screening pursuant to section 44920 of title 49, United States Code, of such Administration's guidelines regarding
permitting baby formula, breast milk, purified deionized water for infants, and juice on airplanes under the Administration's guidelines known
as the 3–1–1 Liquids Rule Exemption; and
"(2) in training procedures for security screening personnel of the Administration and private security companies providing security
screening pursuant to section 44920 of title 49, United States Code, include training on special screening procedures."

Aviation Security
Pub. L. 114–190, title III, §§3001–3506, July 15, 2016, 130 Stat. 649–664, as amended by Pub. L. 115–254, div. K, title I, §§1937(b)(1), 1955(b),
Oct. 5, 2018, 132 Stat. 3579, 3596, provided that:

"SEC. 3001. SHORT TITLE.
"This title [amending section 44946 of this title and sections 607, 609, and 1112 of Title 6, Domestic Security, and enacting this note] may be cited
as the 'Aviation Security Act of 2016'.
"SEC. 3002. DEFINITIONS.
"In this title:
"(1) Administrator.—The term 'Administrator' means the Administrator of the Transportation Security Administration.
"(2) Department.—The term 'Department' means the Department of Homeland Security.

"(3) Precheck program.—The term 'PreCheck Program' means the trusted traveler program implemented by the Transportation
Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107–71; 49 U.S.C. 114 note).
"(4) TSA.—The term 'TSA' means the Transportation Security Administration.

"[Subtitle A—TSA PreCheck Expansion]
"[SECS. 3101, 3102. Repealed. Pub. L. 115–254, div. K, title I, §1937(b)(1), Oct. 5, 2018, 132 Stat. 3579.]

"Subtitle B—Securing Aviation From Foreign Entry Points and Guarding Airports Through Enhanced
Security
"SEC. 3201. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.
"(a) In General.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall conduct a
comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States.
"(b) Contents.—The security risk assessment required under subsection (a) shall include consideration of the following:
"(1) The level of coordination and cooperation between the TSA and the foreign government of the country in which the last point of
departure airport with nonstop flights to the United States is located.
"(2) The intelligence and threat mitigation capabilities of the country in which such airport is located.
"(3) The number of known or suspected terrorists annually transiting through such airport.
"(4) The degree to which the foreign government of the country in which such airport is located mandates, encourages, or prohibits the
collection, analysis, and sharing of passenger name records.
"(5) The passenger security screening practices, capabilities, and capacity of such airport.
"(6) The security vetting undergone by aviation workers at such airport.
"(7) The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports.
"SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.
"(a) In General.—Not later than 240 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress
and the Government Accountability Office a plan—
"(1) to enhance and bolster security collaboration, coordination, and information sharing relating to securing international-inbound
aviation between the United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign government
entities, passenger air carriers, cargo air carriers, and United States Government entities, in order to enhance security capabilities at foreign
airports, including airports that may not have nonstop flights to the United States but are nonetheless determined by the Administrator to be
high risk; and
"(2) that includes an assessment of the ability of the TSA to enter into a mutual agreement with a foreign government entity that permits
TSA representatives to conduct without prior notice inspections of foreign airports.
"(b) GAO Review.—Not later than 180 days after the submission of the plan required under subsection (a), the Comptroller General of the
United States shall review the efforts, capabilities, and effectiveness of the TSA to enhance security capabilities at foreign airports and
determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation.
"SEC. 3203. WORKFORCE ASSESSMENT.
"Not later than 270 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress a comprehensive
workforce assessment of all TSA personnel within the Office of Global Strategies of the TSA or whose primary professional duties contribute to
the TSA's global efforts to secure transportation security, including a review of whether such personnel are assigned in a risk-based,
intelligence-driven manner.
"[SEC. 3204. Repealed. Pub. L. 115–254, div. K, title I, §1955(b), Oct. 5, 2018, 132 Stat. 3596.]
"SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.

"(a) In General.—The Administrator may evaluate foreign countries' air cargo security programs to determine whether such programs
provide a level of security commensurate with the level of security required by United States air cargo security programs.
"(b) Approval and Recognition.—
"(1) In general.—If the Administrator determines that a foreign country's air cargo security program evaluated under subsection (a)
provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator
shall approve and officially recognize such foreign country's air cargo security program.
"(2) Effect of approval and recognition.—If the Administrator approves and officially recognizes pursuant to paragraph (1) a foreign
country's air cargo security program, an aircraft transporting cargo that is departing such foreign country shall not be required to adhere to
United States air cargo security programs that would otherwise be applicable.
"(c) Revocation and Suspension.—
"(1) In general.—If the Administrator determines at any time that a foreign country's air cargo security program approved and officially
recognized under subsection (b) no longer provides a level of security commensurate with the level of security required by United States air
cargo security programs, the Administrator may revoke or temporarily suspend such approval and official recognition until such time as the
Administrator determines that such foreign country's cargo security programs provide a level of security commensurate with the level of
security required by such United States air cargo security programs.
"(2) Notification.—If the Administrator revokes or suspends pursuant to paragraph (1) a foreign country's air cargo security program,
the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 30 days after such revocation or suspension.
"(d) Application.—This section shall apply irrespective of whether cargo is transported on an aircraft of an air carrier, a foreign air carrier, a
cargo carrier, or a foreign cargo carrier.
"SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.
"(a) In General.—The Administrator shall establish an international training and capacity development program to train the appropriate
authorities of foreign governments in air transportation security.
"(b) Contents of Training.—If the Administrator determines that a foreign government would benefit from training and capacity development
assistance pursuant to subsection (a), the Administrator may provide to the appropriate authorities of such foreign government technical
assistance and training programs to strengthen aviation security in managerial, operational, and technical areas, including—
"(1) active shooter scenarios;
"(2) incident response;
"(3) use of canines;
"(4) mitigation of insider threats;
"(5) perimeter security;
"(6) operation and maintenance of security screening technology; and
"(7) recurrent related training and exercises.

"Subtitle C—Checkpoint Optimization and Efficiency
"SEC. 3301. SENSE OF CONGRESS.
"It is the sense of Congress that airport checkpoint wait times should not take priority over the security of the aviation system of the United
States.
"SEC. 3302. ENHANCED STAFFING ALLOCATION MODEL.
"(a) In General.—Not later than 30 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall complete an
assessment of the TSA's staffing allocation model to determine the necessary staffing positions at all airports in the United States at which the
TSA operates passenger checkpoints.
"(b) Appropriate Staffing.—The staffing allocation model described in subsection (a) shall be based on necessary staffing levels to maintain
minimal passenger wait times and maximum security effectiveness.

"(c) Additional Resources.—In assessing necessary staffing for minimal passenger wait times and maximum security effectiveness referred
to in subsection (b), the Administrator shall include the use of canine explosives detection teams and technology to assist screeners
conducting security checks.
"(d) Transparency.—The Administrator shall share with aviation security stakeholders the staffing allocation model described in subsection
(a), as appropriate.
"(e) Exchange of Information.—The Administrator shall require each Federal Security Director to engage on a regular basis with the
appropriate aviation security stakeholders to exchange information regarding airport operations, including security operations.
"(f) GAO Review.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall
review the staffing allocation model described in subsection (a) and report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of such review.
"SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.
"(a) In General.—To the greatest extent practicable, the Administrator shall direct that Transportation Security Officers with appropriate
certifications and training are assigned to passenger and baggage security screening functions and that other TSA personnel who may not
have certification and training to screen passengers or baggage are utilized for tasks not directly related to security screening, including
restocking bins and providing instructions and support to passengers in security lines.
"(b) Assessment and Reassignment.—The Administrator shall conduct an assessment of headquarters personnel and reassign appropriate
personnel to assist with airport security screening activities on a permanent or temporary basis, as appropriate.
"SEC. 3304. TSA STAFFING AND RESOURCE ALLOCATION.
"(a) In General.—Not later than 30 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall take the following
actions:
"(1) Utilize the TSA's Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler
documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency.
"(2) Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to
checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and
maximum security effectiveness.
"(3) Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices.
"(4) Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) provide
recommendations on best practices for checkpoint security operations optimization.
"(b) Staffing Advisory Coordination.—Not later than 30 days after the date of the enactment of this Act, the Administrator shall—
"(1) direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing
advisory working group at each airport at which the TSA oversees or performs passenger security screening to provide recommendations to
the Administrator on Transportation Security Officer staffing numbers, for each such airport; and
"(2) certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that such staffing advisory working groups have been established.
"(c) Reporting.—Not later than 60 days after the date of the enactment of this Act, the Administrator shall—
"(1) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding how the TSA's Passenger Screening Canine assets may be deployed and utilized for maximum
efficiency to mitigate risk and optimize checkpoint operations; and
"(2) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the TSA's Credential Authentication Technology Assessment program and how deployment of
such program might optimize checkpoint operations.
"SEC. 3305. AVIATION SECURITY STAKEHOLDERS DEFINED.
"For purposes of this subtitle, the term 'aviation security stakeholders' shall mean, at a minimum, air carriers, airport operators, and labor
organizations representing Transportation Security Officers or, where applicable, contract screeners.

"SEC. 3306. RULE OF CONSTRUCTION.
"Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize reducing wait times over security
effectiveness.

"Subtitle D—Aviation Security Enhancement and Oversight
"SEC. 3401. DEFINITIONS.
"In this subtitle:
"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—
"(A) the Committee on Homeland Security of the House of Representatives;
"(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(C) the Committee on Commerce, Science, and Transportation of the Senate.
"(2) ASAC.—The term 'ASAC' means the Aviation Security Advisory Committee established under section 44946 of title 49, United States
Code.
"(3) Secretary.—The term 'Secretary' means the Secretary of Homeland Security.
"(4) SIDA.—The term 'SIDA' means the Secure Identification Display Area as such term is defined in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation to such section.
"SEC. 3402. THREAT ASSESSMENT.
"(a) Insider Threats.—
"(1) In general.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall conduct or
update an assessment to determine the level of risk posed to the domestic air transportation system by individuals with unescorted access
to a secure area of an airport (as such term is defined in section 44903(j)(2)(H)) in light of recent international terrorist activity.
"(2) Considerations.—In conducting or updating the assessment under paragraph (1), the Administrator shall consider—
"(A) domestic intelligence;
"(B) international intelligence;
"(C) the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers, and their
workers;
"(D) the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers, and their
workers;
"(E) the processes and practices designed to mitigate the vulnerabilities associated with unescorted access privileges granted to
airport operators and air carriers, and their workers;
"(F) the recent security breaches at domestic and foreign airports; and
"(G) the recent security improvements at domestic airports, including the implementation of recommendations made by relevant
advisory committees, including the ASAC.
"(b) Reports.—The Administrator shall submit to the appropriate congressional committees—
"(1) a report on the results of the assessment under subsection (a), including any recommendations for improving aviation security;
"(2) a report on the implementation status of any recommendations made by the ASAC; and
"(3) regular updates about the insider threat environment as new information becomes available or as needed.
"SEC. 3403. OVERSIGHT.
"(a) Enhanced Requirements.—
"(1) In general.—Subject to public notice and comment, and in consultation with airport operators, the Administrator shall update the
rules on access controls issued by the Secretary under chapter 449 of title 49, United States Code.
"(2) Considerations.—As part of the update under paragraph (1), the Administrator shall consider—
"(A) increased fines and advanced oversight for airport operators that report missing more than five percent of credentials for
unescorted access to any SIDA of an airport;

"(B) best practices for Category X airport operators that report missing more than three percent of credentials for unescorted
access to any SIDA of an airport;
"(C) additional audits and status checks for airport operators that report missing more than three percent of credentials for
unescorted access to any SIDA of an airport;
"(D) review and analysis of the prior five years of audits for airport operators that report missing more than three percent of
credentials for unescorted access to any SIDA of an airport;
"(E) increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within 24
hours an employment termination or a missing credential for unescorted access to any SIDA of an airport; and
"(F) a method for termination by the employer of any airport worker who fails to report in a timely manner missing credentials for
unescorted access to any SIDA of an airport.
"(b) Temporary Credentials.—The Administrator may encourage the issuance by airports and aircraft operators of free, one-time, 24-hour
temporary credentials for workers who have reported, in a timely manner, their credentials missing, but not permanently lost, stolen, or
destroyed, until replacement of credentials under section 1542.211 of title 49 Code of Federal Regulations is necessary.
"(c) Notification and Report to Congress.—The Administrator shall—
"(1) notify the appropriate congressional committees each time an airport operator reports that more than three percent of credentials
for unescorted access to any SIDA at a Category X airport are missing, or more than five percent of credentials to access any SIDA at any
other airport are missing; and
"(2) submit to the appropriate congressional committees an annual report on the number of violations and fines related to unescorted
access to the SIDA of an airport collected in the preceding fiscal year.
"SEC. 3404. CREDENTIALS.
"(a) Lawful Status.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall issue to airport
operators guidance regarding placement of an expiration date on each airport credential issued to a non-United States citizen that is not
longer than the period of time during which such non-United States citizen is lawfully authorized to work in the United States.
"(b) Review of Procedures.—
"(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall—
"(A) issue guidance for transportation security inspectors to annually review the procedures of airport operators and air carriers for
applicants seeking unescorted access to any SIDA of an airport; and
"(B) make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials.
"(2) Inclusions.—The guidance issued pursuant to paragraph (1) shall require a comprehensive review of background checks and
employment authorization documents issued by United States Citizenship and Immigration Services during the course of a review of
procedures under such paragraph.
"SEC. 3405. VETTING.
"(a) Eligibility Requirements.—
"(1) In general.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016], and subject to public notice and
comment, the Administrator shall revise the regulations issued under section 44936 of title 49, United States Code, in accordance with this
section and current knowledge of insider threats and intelligence under section 3502, to enhance the eligibility requirements and
disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport.
"(2) Disqualifying criminal offenses.—In revising the regulations under paragraph (1), the Administrator shall consider adding to the list
of disqualifying criminal offenses and criteria the offenses and criteria listed in section 122.183(a)(4) of title 19, Code of Federal Regulations
and section 1572.103 of title 49, Code of Federal Regulations.
"(3) Waiver process for denied credentials.—Notwithstanding section 44936(b) of title 49, United States Code, in revising the regulations
under paragraph (1) of this subsection, the Administrator shall—
"(A) ensure there exists or is developed a waiver process for approving the issuance of credentials for unescorted access to any
SIDA of an airport for an individual found to be otherwise ineligible for such credentials; and
"(B) consider, as appropriate and practicable—

"(i) the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation
remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk or a risk to aviation
security warranting denial of the credential; and
"(ii) the elements of the appeals and waiver process established under section 70105(c) of title 46, United States Code.
"(4) Look back.—In revising the regulations under paragraph (1), the Administrator shall propose that an individual be disqualified if the
individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an
individual's application, or if the individual was incarcerated for such crime and released from incarceration within five years before the date
of the individual's application.
"(5) Certifications.—The Administrator shall require an airport or aircraft operator, as applicable, to certify for each individual who
receives unescorted access to any SIDA of an airport that—
"(A) a specific need exists for providing the individual with unescorted access authority; and
"(B) the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a
SIDA badge.
"(6) Report to congress.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the status of the revision to the regulations issued under section 44936 of title 49, United
States Code, in accordance with this section.
"(7) Rule of construction.—Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the
TSA.
"(b) Recurrent Vetting.—
"(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator and the Director of the Federal
Bureau of Investigation shall fully implement the Rap Back service for recurrent vetting of eligible TSA-regulated populations of individuals
with unescorted access to any SIDA of an airport.
"(2) Requirements.—As part of the requirement in paragraph (1), the Administrator shall ensure that—
"(A) any status notifications the TSA receives through the Rap Back service about criminal offenses be limited to only disqualifying
criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49, United States Code, or other
Federal law; and
"(B) any information received by the Administration through the Rap Back service is provided directly and immediately to the
relevant airport and aircraft operators.
"(3) Report to congress.—Not later than 30 days after implementation of the Rap Back service described in paragraph (1), the
Administrator shall submit to the appropriate congressional committees a report on the such implementation.
"(c) Access to Terrorism-Related Data.—Not later than 30 days after the date of the enactment of this Act, the Administrator and the
Director of National Intelligence shall coordinate to ensure that the Administrator is authorized to receive automated, real-time access to
additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism-related category codes to improve the effectiveness
of the TSA's credential vetting program for individuals who are seeking or have unescorted access to any SIDA of an airport.
"(d) Access to E–Verify and SAVE Programs.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall
authorize each airport operator to have direct access to the E–Verify program and the Systematic Alien Verification for Entitlements (SAVE)
automated system to determine the eligibility of individuals seeking unescorted access to any SIDA of an airport.
"SEC. 3406. METRICS.
"(a) In General.—Not later than one year after the date of the enactment of this Act [July 15, 2016], the Administrator shall develop and
implement performance metrics to measure the effectiveness of security for the SIDAs of airports.
"(b) Considerations.—In developing the performance metrics under subsection (a), the Administrator may consider—
"(1) adherence to access point procedures;
"(2) proper use of credentials;
"(3) differences in access point requirements between airport workers performing functions on the airside of an airport and airport
workers performing functions in other areas of an airport;

"(4) differences in access point characteristics and requirements at airports; and
"(5) any additional factors the Administrator considers necessary to measure performance.
"SEC. 3407. INSPECTIONS AND ASSESSMENTS.
"(a) Model and Best Practices.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016], the Administrator, in
consultation with the ASAC, shall develop a model and best practices for unescorted access security that—
"(1) use intelligence, scientific algorithms, and risk-based factors;
"(2) ensure integrity, accountability, and control;
"(3) subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section;
"(4) appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and
"(5) include validation of identification materials, such as with biometrics.
"(b) Inspections.—Consistent with a risk-based security approach, the Administrator shall expand the use of transportation security officers
and inspectors to conduct enhanced, random and unpredictable, data-driven, and operationally dynamic physical inspections of airport
workers in each SIDA of an airport and at each SIDA access point to—
"(1) verify the credentials of such airport workers;
"(2) determine whether such airport workers possess prohibited items, except for those items that may be necessary for the
performance of such airport workers' duties, as appropriate, in any SIDA of an airport; and
"(3) verify whether such airport workers are following appropriate procedures to access any SIDA of an airport.
"(c) Screening Review.—
"(1) In general.—The Administrator shall conduct a review of airports that have implemented additional airport worker screening or
perimeter security to improve airport security, including—
"(A) comprehensive airport worker screening at access points to secure areas;
"(B) comprehensive perimeter screening, including vehicles;
"(C) enhanced fencing or perimeter sensors; and
"(D) any additional airport worker screening or perimeter security measures the Administrator identifies.
"(2) Best practices.—After completing the review under paragraph (1), the Administrator shall—
"(A) identify best practices for additional access control and airport worker security at airports; and
"(B) disseminate to airport operators the best practices identified under subparagraph (A).
"(3) Pilot program.—The Administrator may conduct a pilot program at one or more airports to test and validate best practices for
comprehensive airport worker screening or perimeter security under paragraph (2).
"SEC. 3408. COVERT TESTING.
"(a) In General.—The Administrator shall increase the use of red-team, covert testing of access controls to any secure areas of an airport.
"(b) Additional Covert Testing.—The Inspector General of the Department of Homeland Security shall conduct red-team, covert testing of
airport access controls to the SIDAs of airports.
"(c) Reports to Congress.—
"(1) Administrator report.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall
submit to the appropriate congressional committees a report on the progress to expand the use of inspections and of red-team, covert
testing under subsection (a).
"(2) Inspector general report.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit to the appropriate congressional committees a report on the effectiveness of airport access
controls to the SIDAs of airports based on red-team, covert testing under subsection (b).
"SEC. 3409. SECURITY DIRECTIVES.
"(a) Review.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016] and annually thereafter, the Administrator, in
consultation with the appropriate regulated entities, shall conduct a comprehensive review of every current security directive addressed to any
regulated entity to—

"(1) determine whether each such security directive continues to be relevant;
"(2) determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and
"(3) update, consolidate, or revoke any security directive as necessary.
"(b) Notice.—For each security directive that the Administrator issues, the Administrator shall submit to the appropriate congressional
committees notice of—
"(1) the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation
against civil aviation; and
"(2) when it is anticipated that each such security directive will expire.
"SEC. 3410. IMPLEMENTATION REPORT.
"Not later than one year after the date of the enactment of this Act [July 15, 2016], the Comptroller General of the United States shall—
"(1) assess the progress made by the TSA and the effect on aviation security of implementing the requirements under sections 3402
through 3409 of this subtitle; and
"(2) report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any
recommendations.
"SEC. 3411. MISCELLANEOUS AMENDMENTS.
"(a) ASAC Terms of Office.—[Amended section 44946 of this title.]
"(b) Feedback.—[Amended section 44946 of this title.]

"Subtitle E—Checkpoints of the Future
"SEC. 3501. CHECKPOINTS OF THE FUTURE.
"(a) In General.—The Administrator, in accordance with chapter 449 of title 49, United States Code, shall request the Aviation Security Advisory
Committee (established pursuant to section 44946 of such title) to develop recommendations for more efficient and effective passenger
screening processes.
"(b) Considerations.—In making recommendations to improve existing passenger screening processes, the Aviation Security Advisory
Committee shall consider—
"(1) the configuration of a checkpoint;
"(2) technology innovation;
"(3) ways to address any vulnerabilities identified in audits of checkpoint operations;
"(4) ways to prevent security breaches at airports at which Federal security screening is provided;
"(5) best practices in aviation security;
"(6) recommendations from airports and aircraft operators, and any relevant advisory committees; and
"(7) 'curb to curb' processes and procedures.
"(c) Report.—Not later than one year after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a report on the results of the Aviation Security Advisory Committee
review under this section, including any recommendations for improving passenger screening processes.
"SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS.
"(a) In General.—The Administrator shall establish a pilot program at at least three and not more than six airports to reconfigure and install
security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas at
which screening is conducted.
"(b) Selection of Airports.—In selecting airports for the pilot program established under subsection (a), the Administrator shall—
"(1) select airports from among airports classified by the TSA as Category X airports and that are able to begin the reconfiguration and
installation of security systems expeditiously; and

"(2) give priority to an airport that—
"(A) submits a proposal that seeks Federal funding for reconfiguration of such airport's security systems;
"(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
"(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the
cost of such pilot program.
"SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS.
"(a) In General.—The Administrator shall establish a pilot program at three airports to develop and test prototypes of screening security
systems and security checkpoint configurations that are intended to expedite the movement of passengers by deploying a range of
technologies, including passive and active systems, new types of security baggage and personal screening systems, and new systems to
review and address passenger and baggage anomalies.
"(b) Selection of Airports.—In selecting airports for the pilot program established under subsection (a), the Administrator shall—
"(1) select airports from among airports classified by the TSA as Category X airports that are able to begin the reconfiguration and
installation of security systems expeditiously;
"(2) consider detection capabilities; and
"(3) give priority to an airport that—
"(A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems;
"(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and
"(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the
cost of such pilot program.
"SEC. 3504. REPORT REQUIRED.
"Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee
on Commerce, Science, and Transportation of the Senate and a report on the pilot programs established under sections 3502 and 3503 of this
subtitle.
"SEC. 3505. FUNDING.
"The Administrator shall carry out the pilot programs established under sections 3502 and 3503 of this subtitle using amounts—
"(1) appropriated to the TSA before the date of the enactment of this Act [July 15, 2016] and available for obligation as of such date of
enactment; and
"(2) amounts obtained as reimbursements from airports under such pilot programs.
"SEC. 3506. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY ADMINISTRATION.
"The Administrator, in carrying out the functions of the pilot programs established under sections 3502 and 3503 of this subtitle, may accept
services, supplies, equipment, personnel, or facilities, without reimbursement, from any other public or private entity."

Protection of Passenger Planes From Explosives
Pub. L. 110–53, title XVI, §1610, Aug. 3, 2007, 121 Stat. 484, provided that:
"(a) Technology Research and Pilot Projects.—
"(1) Research and development.—The Secretary of Homeland Security, in consultation with the Administrator of the Transportation

Security Administration, shall expedite research and development programs for technologies that can disrupt or prevent an explosive device
from being introduced onto a passenger plane or from damaging a passenger plane while in flight or on the ground. The research shall be
used in support of implementation of section 44901 of title 49, United States Code.
"(2) Pilot projects.—The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot
projects—
"(A) to deploy technologies described in paragraph (1); and

"(B) to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents to determine the
cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.
"(b) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2008
such sums as may be necessary to carry out this section. Such sums shall remain available until expended."

Standards for Increasing the Use of Explosive Detection Equipment
Pub. L. 109–295, title V, §518, Oct. 4, 2006, 120 Stat. 1380, provided that: "The Secretary of Homeland Security, in consultation with industry
stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when
appropriate."
Similar provisions were contained in the following prior appropriation act:
Pub. L. 109–90, title V, §524, Oct. 18, 2005, 119 Stat. 2086.

Use of Existing Equipment To Screen Passenger Cargo; Reports
Pub. L. 109–90, title V, §525, Oct. 18, 2005, 119 Stat. 2086, as amended by Pub. L. 114–113, div. F, title V, §510(c), Dec. 18, 2015, 129 Stat. 2514,
provided that: "The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and
screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That beginning with
November 2005, TSA shall provide a monthly report to the Committees on Appropriations of the Senate and the House of Representatives
detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August 2005 and each month."

In-Line Checked Baggage Screening
Pub. L. 108–458, title IV, §4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that:
"(a) In-Line Baggage Screening Equipment.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall

take such action as may be necessary to expedite the installation and use of in-line baggage screening equipment at airports at which
screening is required by section 44901 of title 49, United States Code.
"(b) Schedule.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the
appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at such airports,
with an estimate of the impact that such equipment, facility modification, and baggage conveyor placement will have on staffing needs and
levels related to aviation security."

Checked Baggage Screening Area Monitoring
Pub. L. 108–458, title IV, §4020, Dec. 17, 2004, 118 Stat. 3722, provided that:
"(a) In General.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide,
subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States Code, and that

have checked baggage screening areas that are not open to public view in the acquisition and installation of security monitoring cameras for
surveillance of such areas in order to deter theft from checked baggage and to aid in the speedy resolution of liability claims against the
Transportation Security Administration.
"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005
such sums as may be necessary to carry out this section. Such sums shall remain available until expended."

Pilot Program To Evaluate Use of Blast Resistant Cargo and Baggage Containers
Pub. L. 108–458, title IV, §4051, Dec. 17, 2004, 118 Stat. 3728, directed the Assistant Secretary of Homeland Security (Transportation Security
Administration), beginning not later than 180 days after Dec. 17, 2004, to carry out a pilot program to evaluate the use of blast-resistant
containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the
Assistant Secretary to provide incentives to air carriers to volunteer to participate in such program.

Air Cargo Security
Pub. L. 108–458, title IV, §4052, Dec. 17, 2004, 118 Stat. 3728, provided that:
"(a) Air Cargo Screening Technology.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall

develop technology to better identify, track, and screen air cargo.
"(b) Improved Air Cargo and Airport Security.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of
the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose of improving aviation
security related to the transportation of cargo on both passenger aircraft and all-cargo aircraft—
"(1) $200,000,000 for fiscal year 2005;
"(2) $200,000,000 for fiscal year 2006; and
"(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
"(c) Research, Development, and Deployment.—To carry out subsection (a), there is authorized to be appropriated to the Secretary, in
addition to any amounts otherwise authorized by law, for research and development related to enhanced air cargo security technology as well
as for deployment and installation of enhanced air cargo security technology—
"(1) $100,000,000 for fiscal year 2005;
"(2) $100,000,000 for fiscal year 2006; and
"(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
"(d) Advanced Cargo Security Grants.—
"(1) In general.—The Secretary shall establish and carry out a program to issue competitive grants to encourage the development of
advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The Secretary may
make available funding for this purpose from amounts appropriated pursuant to subsection (c).
"(2) Eligibility criteria, etc.—The Secretary shall establish such eligibility criteria, establish such application and administrative
procedures, and provide for such matching funding requirements, if any, as may be necessary and appropriate to ensure that the technology
is deployed as fully and rapidly as possible."

Identification Standards
Pub. L. 108–458, title VII, §7220, Dec. 17, 2004, 118 Stat. 3835, provided that:
"(a) Proposed Standards.—
"(1) In general.—The Secretary of Homeland Security—

"(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for
boarding an aircraft; and
"(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to
Congress and approved under this section.
"(2) Submission to congress.—Not later than 6 months after the date of enactment of this Act [Dec. 17, 2004], the Secretary shall
submit the standards under paragraph (1)(A) to the Senate and the House of Representatives on the same day while each House is in
session.
"(3) Effective date.—Any proposed standards submitted to Congress under this subsection shall take effect when an approval
resolution is passed by the House and the Senate under the procedures described in subsection (b) and becomes law.
"(b) Congressional Approval Procedures.—
"(1) Rulemaking power.—This subsection is enacted by Congress—
"(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are
deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in
the case of such approval resolutions; and it supersedes other rules only to the extent that they are inconsistent therewith; and

"(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that
House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
"(2) Approval resolution.—For the purpose of this subsection, the term 'approval resolution' means a joint resolution of Congress, the
matter after the resolving clause of which is as follows: 'That the Congress approves the proposed standards issued under section 7220 of
the 9/11 Commission Implementation Act of 2004, transmitted by the President to the Congress on ____________', the blank space being
filled in with the appropriate date.
"(3) Introduction.—Not later than the first day of session following the day on which proposed standards are transmitted to the House
of Representatives and the Senate under subsection (a), an approval resolution—
"(A) shall be introduced (by request) in the House by the Majority Leader of the House of Representatives, for himself or herself
and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority
Leader and Minority Leader of the House; and
"(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority
Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate.
"(4) Prohibitions.—
"(A) Amendments.—No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate.
"(B) Motions to suspend.—No motion to suspend the application of this paragraph shall be in order in either House, nor shall it be
in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous
consent.
"(5) Referral.—
"(A) In general.—An approval resolution shall be referred to the committees of the House of Representatives and of the Senate
with jurisdiction. Each committee shall make its recommendations to the House of Representatives or the Senate, as the case may be,
within 45 days after its introduction. Except as provided in subparagraph (B), if a committee to which an approval resolution has been
referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from
further consideration of the resolution and it shall be placed on the appropriate calendar.
"(B) Final passage.—A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day
after the resolution is reported by the committee or committees of that House to which it was referred, or after such committee or
committees have been discharged from further consideration of the resolution.
"(C) Computation of days.—For purposes of this paragraph, in computing a number of days in either House, there shall be excluded
any day on which that House is not in session.
"(6) Coordination with action of other house.—If prior to the passage by one House of an approval resolution of that House, that
House receives the same approval resolution from the other House, then the procedure in that House shall be the same as if no approval
resolution has been received from the other House, but the vote on final passage shall be on the approval resolution of the other House.
"(7) Floor consideration in the house of representatives.—
"(A) Motion to proceed.—A motion in the House of Representatives to proceed to the consideration of an approval resolution shall
be highly privileged and not debatable. An amendment to the motion shall not be in order, not shall it be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
"(B) Debate.—Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more
than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate
shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which an
approval resolution is agreed to or disagreed to.
"(C) Motion to postpone.—Motions to postpone made in the House of Representatives with respect to the consideration of an
approval resolution and motions to proceed to the consideration of other business shall be decided without debate.
"(D) Appeals.—All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives
to the procedure relating to an approval resolution shall be decided without debate.
"(E) Rules of the house of representatives.—Except to the extent specifically provided in subparagraphs (A) through (D),
consideration of an approval resolution shall be governed by the Rules of the House of Representatives applicable to other resolutions in

similar circumstances.
"(8) Floor consideration in the Senate.—
"(A) Motion to proceed.—A motion in the Senate to proceed to the consideration of an approval resolution shall be privileged and
not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
"(B) Debate on resolution.—Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or their
designees.
"(C) Debate on motions and appeals.—Debate in the Senate on any debatable motion or appeal in connection with an approval
resolution shall be limited to not more than 1 hour, which shall be equally divided between, and controlled by, the mover and the manager
of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under their control on the
passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
"(D) Limit on debate.—A motion in the Senate to further limit debate is not debatable. A motion to recommit an approval resolution
is not in order.
"(c) Default Standards.—
"(1) In general.—If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures described in
subsection (b), then not later than 1 year after rejection by a vote of either House of Congress, domestic commercial airline passengers
seeking to board an aircraft shall present, for identification purposes—
"(A) a valid, unexpired passport;
"(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes;
"(C) any document issued by the Attorney General or the Secretary of Homeland Security under the authority of 1 of the
immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or
"(D) a document issued by the country of nationality of any alien not required to possess a passport for admission to the United
States that the Secretary designates as reliable for identifications purposes
"(2) Exception.—The documentary requirements described in paragraph (1)—
"(A) shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security;
"(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.
"(d) Recommendation to Congress.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], the Secretary of Homeland
Security shall recommend to Congress—
"(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum identification
standards for access to such facilities; and
"(2) appropriate minimum identification standards to gain access to those facilities."

Deadline for Deployment of Federal Screeners
Pub. L. 107–71, title I, §110(c), Nov. 19, 2001, 115 Stat. 616, provided that, not later than 1 year after Nov. 19, 2001, the Administrator of the
Transportation Security Administration would deploy at all airports in the United States where screening is required under this section a
sufficient number of Federal screeners, Federal Security Managers, Federal security personnel, and Federal law enforcement officers to
conduct the screening of all passengers and property under this section and also not later than 1 year after Nov. 19, 2001, certify to Congress
that this requirement was met.

Reports
Pub. L. 107–71, title I, §110(d), Nov. 19, 2001, 115 Stat. 616, provided that:
"(1) Deployment.—Within 6 months after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for

Security [now Administrator of the Transportation Security Administration] shall report to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives on the deployment of
the systems required by section 44901(c) of title 49, United States Code. The Under Secretary shall include in the report—
"(A) an installation schedule;
"(B) the dates of installation of each system; and
"(C) the date on which each system installed is operational.
"(2) Screening of small aircraft.—Within 1 year after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of
Transportation for Security [now Administrator of the Transportation Security Administration] shall transmit a report to the Committee on
Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives
on the screening requirements applicable to passengers boarding, and property being carried aboard, aircraft with 60 seats or less used in
scheduled passenger service with recommendations for any necessary changes in those requirements."

Installation of Advanced Security Equipment; Agreements
Pub. L. 104–264, title III, §305(b), Oct. 9, 1996, 110 Stat. 3252, provided that: "The Administrator is authorized to use noncompetitive or
cooperative agreements with air carriers and airport authorities that provide for the Administrator to purchase and assist in installing advanced
security equipment for the use of such entities."

Passenger Profiling
Pub. L. 104–264, title III, §307, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Administrator of the Federal Aviation Administration, the
Secretary of Transportation, the intelligence community, and the law enforcement community should continue to assist air carriers in
developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs which should be used in
conjunction with other security measures and technologies."

Authority To Use Certain Funds for Airport Security Programs and Activities
Pub. L. 104–264, title III, §308, Oct. 9, 1996, 110 Stat. 3253, which provided that funds from project grants made under subchapter I of chapter
471 of this title and passenger facility fees collected under section 40117 of this title could be used for the improvement of facilities and the
purchase and deployment of equipment to enhance and ensure safe air travel, was repealed by Pub. L. 108–176, title I, §143, Dec. 12, 2003,
117 Stat. 2503.

Installation and Use of Explosive Detection Equipment
Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: "Not later than thirty days after the date of the enactment of this Act
[June 30, 1989], the Federal Aviation Administrator shall initiate action, including such rulemaking or other actions as necessary, to require the
use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better
than thermal neutron analysis technology at such airports (whether located within or outside the United States) as the Administrator
determines that the installation and use of such equipment is necessary to ensure the safety of air commerce. The Administrator shall
complete these actions within sixty days of enactment of this Act".

Research and Development of Improved Airport Security Systems
Pub. L. 100–649, §2(d), Nov. 10, 1988, 102 Stat. 3817, required the Administrator of the Federal Aviation Administration to conduct such
research and development as necessary to improve airport security metal detectors and airport security x-ray systems in detecting firearms
that were subject to the prohibitions of section 922(p) of Title 18, Crimes and Criminal Procedure.

Definitions of Terms in Title IV of Pub. L. 108–458
Pub. L. 108–458, title IV, §4081, Dec. 17, 2004, 118 Stat. 3731, provided that: "In this title [enacting section 44925 of this title, amending sections
114, 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title and sections 70102 and 70103 of Title 46, Shipping, and enacting
provisions set out as notes under this section, sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign

Relations and Intercourse, and section 70101 of Title 46] (other than in sections 4001 and 4026 [amending sections 114 and 44904 of this title and
enacting provisions set out as a note under section 2751 of Title 22]), the following definitions apply:
"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
"(2) Aviation definitions.—The terms 'air carrier', 'air transportation', 'aircraft', 'airport', 'cargo', 'foreign air carrier', and 'intrastate air
transportation' have the meanings given such terms in section 40102 of title 49, United States Code.
"(3) Secure area of an airport.—The term 'secure area of an airport' means the sterile area and the Secure Identification Display Area
of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulations)."

Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 101(g) and 110(c), (d), 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.
1 So in original. Probably should be "committees".
2 See References in Text note below.

§44902. Refusal to transport passengers and property
(a) Mandatory Refusal.—The Administrator of the Transportation Security Administration shall prescribe regulations requiring an air carrier, intrastate air
carrier, or foreign air carrier to refuse to transport—
(1) a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous
weapon, explosive, or other destructive substance; or
(2) property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon,
explosive, or other destructive substance.
(b) Permissive Refusal.—Subject to regulations of the Administrator of the Transportation Security Administration, an air carrier, intrastate air carrier, or
foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.
(c) Agreeing to Consent to Search.—An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier,
intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger
or property for a purpose referred to in this section is not given.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I,
§1991(d)(2), Oct. 5, 2018, 132 Stat. 3630.)
Historical and Revision Notes
Revised
Section
44902(a)

49 App.:1511(a) (1st sentence).

44902(b)
44902(c)

49 App.:1511(a) (last sentence).
49 App.:1511(b).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1111; added Sept. 5, 1961, Pub. L. 87–
197, §4, 75 Stat. 467; restated Aug. 5,
1974, Pub. L. 93–366, §204, 88 Stat. 418.

In this section, the word "passenger" is substituted for "person" for consistency in the revised title.

In subsection (a)(1), the words "of his person" are omitted as surplus.
In subsection (a)(2), the words "or inspection" are omitted as surplus.
In subsection (b), the words "reasonable" and "also" are omitted as surplus. The word "rules" is omitted as being synonymous with
"regulations". The words "the carrier decides is" are substituted for "when, in the opinion of the carrier, such transportation would" to eliminate
unnecessary words. The words "of flight" are omitted as surplus.
In subsection (c), the words "for compensation or hire" are omitted because of the definitions of "air transportation" and "intrastate air
transportation" in section 40102(a) of the revised title. The word "inspect" is omitted as surplus.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(2)(A), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security" in introductory provisions.
Subsec. (b). Pub. L. 115–254, §1991(d)(2)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
2001—Subsec. (a). Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation
Administration" in introductory provisions.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

§44903. Air transportation security
(a) Definitions.—In this section:
(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.
(2) Law enforcement personnel.—The term "law enforcement personnel" means individuals—
(A) authorized to carry and use firearms;
(B) vested with the degree of the police power of arrest the Administrator considers necessary to carry out this section; and
(C) identifiable by appropriate indicia of authority.
(b) Protection Against Violence and Piracy.—The Administrator shall prescribe regulations to protect passengers and property on an aircraft operating in
air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the
Administrator shall—
(1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States
Government, and State and local authorities;
(2) consider whether a proposed regulation is consistent with—
(A) protecting passengers; and
(B) the public interest in promoting air transportation and intrastate air transportation;
(3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure—
(A) their safety; and
(B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement
personnel carrying out this section; and
(4) consider the extent to which a proposed regulation will carry out this section.
(c) Security Programs.—(1) The Administrator shall prescribe regulations under subsection (b) of this section that require each operator of an airport
regularly serving an air carrier holding a certificate issued by the Secretary of Transportation to establish an air transportation security program that provides a

law enforcement presence and capability at each of those airports that is adequate to ensure the safety of passengers. The regulations shall authorize the
operator to use the services of qualified State, local, and private law enforcement personnel. When the Administrator decides, after being notified by an operator
in the form the Administrator prescribes, that not enough qualified State, local, and private law enforcement personnel are available to carry out subsection (b),
the Administrator may authorize the operator to use, on a reimbursable basis, personnel employed by the Administrator, or by another department, agency, or
instrumentality of the Government with the consent of the head of the department, agency, or instrumentality, to supplement State, local, and private law
enforcement personnel. When deciding whether additional personnel are needed, the Administrator shall consider the number of passengers boarded at the
airport, the extent of anticipated risk of criminal violence or aircraft piracy at the airport or to the air carrier aircraft operations at the airport, and the availability of
qualified State or local law enforcement personnel at the airport.
(2)(A) The Administrator may approve a security program of an airport operator, or an amendment in an existing program, that incorporates a security program
of an airport tenant (except an air carrier separately complying with part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of
the airport, if the program or amendment incorporates—
(i) the measures the tenant will use, within the tenant's leased areas or areas designated for the tenant's exclusive use under an agreement with the airport
operator, to carry out the security requirements imposed by the Administrator on the airport operator under the access control system requirements of section
107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107 of title 14; and
(ii) the methods the airport operator will use to monitor and audit the tenant's compliance with the security requirements and provides that the tenant will be
required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement
imposed by the airport operator.
(B) If the Administrator approves a program or amendment described in subparagraph (A) of this paragraph, the airport operator may not be found to be in
violation of a requirement of this subsection or subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee,
or invitee of the tenant is responsible for the violation and that the airport operator has complied with all measures in its security program for securing
compliance with its security program by the tenant.
(C) Maximum use of chemical and biological weapon detection equipment.—The Secretary of Transportation may require airports to maximize the use
of technology and equipment that is designed to detect or neutralize potential chemical or biological weapons.
(3) Pilot programs.—The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for
providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that
ensures only authorized access to secure areas.
(d) Authorizing Individuals To Carry Firearms and Make Arrests.—With the approval of the Attorney General and the Secretary of State, the
Administrator may authorize an individual who carries out air transportation security duties—
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the
United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony.
(e) Exclusive Responsibility Over Passenger Safety.—The Administrator has the exclusive responsibility to direct law enforcement activity related to the
safety of passengers on an aircraft involved in an offense under section 46502 of this title from the moment all external doors of the aircraft are closed following
boarding until those doors are opened to allow passengers to leave the aircraft. When requested by the Administrator, other departments, agencies, and
instrumentalities of the Government shall provide assistance necessary to carry out this subsection.
(f) Government and Industry Consortia.—The Administrator may establish at airports such consortia of government and aviation industry representatives
as the Administrator may designate to provide advice on matters related to aviation security and safety. Such consortia shall not be considered Federal advisory
committees for purposes of the Federal Advisory Committee Act (5 U.S.C. App.).
(g) Improvement of Secured-Area Access Control.—
(1) Enforcement.—
(A) Administrator to publish sanctions.—The Administrator shall publish in the Federal Register a list of sanctions for use as guidelines in the
discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that
relates proposed sanctions to the severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from
security-related duties, suspension from all duties without pay, and termination of employment.
(B) Use of sanctions.—Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the
Administrator in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits

an infraction of airport access control requirements.
(2) Improvements.—The Administrator shall—
(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in
airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
(C) require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control
requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance;
(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the
effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is
found;
(E) improve and better administer the Administrator's security database to ensure its efficiency, reliability, and usefulness for identification of systemic
problems and allocation of resources;
(F) improve the execution of the Administrator's quality control program; and
(G) work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas,
crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the
deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.
(h) Improved Airport Perimeter Access Security.—
(1) In general.—The Administrator, in consultation with the airport operator and law enforcement authorities, may order the deployment of such personnel
at any secure area of the airport as necessary to counter the risk of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier aircraft
operations at the airport, or to meet national security concerns.
(2) Security of aircraft and ground access to secure areas.—In determining where to deploy such personnel, the Administrator shall consider the
physical security needs of air traffic control facilities, parked aircraft, aircraft servicing equipment, aircraft supplies (including fuel), automobile parking facilities
within airport perimeters or adjacent to secured facilities, and access and transition areas at airports served by other means of ground or water transportation.
(3) Deployment of federal law enforcement personnel.—The Secretary of Homeland Security may enter into a memorandum of understanding or
other agreement with the Attorney General or the head of any other appropriate Federal law enforcement agency to deploy Federal law enforcement
personnel at an airport in order to meet aviation safety and security concerns.
(4) Airport perimeter screening.—The Administrator—
(A) shall require screening or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport in
the United States described in section 44903(c); 1
(B) shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from
screening of passengers and their baggage;
(C) shall establish procedures to ensure the safety and integrity of—
(i) all persons providing services with respect to aircraft providing passenger air transportation or intrastate air transportation and facilities of such
persons at an airport in the United States described in subsection (c);
(ii) all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual
detection of tampering; and
(iii) all persons providing such supplies and facilities of such persons;
(D) shall require vendors having direct access to the airfield and aircraft to develop security programs; and
(E) shall issue guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who
enters a secure area of an airport.
(5) Use of biometric technology in airport access control systems.—In issuing guidance under paragraph (4)(E), the Administrator in consultation
with representatives of the aviation industry, the biometric identifier industry, and the National Institute of Standards and Technology, shall establish, at a
minimum—

(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport
access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and
secure;
(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
(C) procedures for implementing biometric identifier systems—
(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and
(ii) to resolve failures to enroll, false matches, and false non-matches; and
(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to
best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
(6) Use of biometric technology for armed law enforcement travel.—
(A) In general.—The Secretary of Homeland Security, in consultation with the Attorney General, shall—
(i) implement this paragraph by publication in the Federal Register; and
(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed
when traveling by commercial aircraft.
(B) Program requirements.—The program shall—
(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who
need to be armed during temporary travel assignments;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local,
tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that
the individual is a law enforcement officer.
(C) Procedures.—In establishing the program, the Secretary of Homeland Security shall develop procedures—
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed
and the reason is within the scope of the duties of such officer;
(ii) to preserve the anonymity of the armed law enforcement officer;
(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;
(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial
aircraft;
(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;
(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and
(vii) to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before
expanding to other law enforcement populations.
(7) Definitions.—In this subsection, the following definitions apply:
(A) Biometric identifier information.—The term "biometric identifier information" means the distinct physical or behavioral characteristics of an
individual that are used for unique identification, or verification of the identity, of an individual.
(B) Biometric identifier.—The term "biometric identifier" means a technology that enables the automated identification, or verification of the identity, of
an individual based on biometric information.
(C) Failure to enroll.—The term "failure to enroll" means the inability of an individual to enroll in a biometric identifier system due to an insufficiently
distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent
biometric identifier information, or other factors.

(D) False match.—The term "false match" means the incorrect matching of one individual's biometric identifier information to another individual's
biometric identifier information by a biometric identifier system.
(E) False non-match.—The term "false non-match" means the rejection of a valid identity by a biometric identifier system.
(F) Secure area of an airport.—The term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
(i) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons.—
(1) In general.—If the Administrator, after receiving the recommendations of the National Institute of Justice, determines, with the approval of the Attorney
General and the Secretary of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Administrator
may authorize members of the flight deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon
while the aircraft is engaged in providing such transportation.
(2) Usage.—If the Administrator grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in
providing air transportation or intrastate air transportation, the Administrator shall—
(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and
(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.
(3) Request of air carriers to use less-than-lethal weapons.—If the Administrator receives a request from an air carrier for authorization to allow
pilots of the air carrier to carry less-than-lethal weapons, the Administrator shall respond to that request within 90 days.
(j) Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures.—
(1) In general.—The Administrator shall periodically recommend to airport operators commercially available measures or procedures to prevent access to
secure airport areas by unauthorized persons.
(2) Secure flight program.—
(A) In general.—The Administrator shall ensure that the Secure Flight program, or any successor program—
(i) is used to evaluate all passengers before they board an aircraft; and
(ii) includes procedures to ensure that individuals selected by the program and their carry-on and checked baggage are adequately screened.
(B) Modifications.—The Administrator may modify any requirement under the Secure Flight program for flights that originate and terminate within the
same State, if the Administrator determines that—
(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
(ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status.
(C) Advanced airline passenger prescreening.—
(i) Commencement of testing.—The Administrator shall commence testing of an advanced passenger prescreening system that will allow the
Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic
selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government.
(ii) Assumption of function.—The Administrator, or the designee of the Administrator, shall begin to assume the performance of the passenger
prescreening function of comparing passenger information to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated
and integrated terrorist watchlist maintained by the Federal Government in performing that function.
(iii) Requirements.—In assuming performance of the function under clause (ii), the Administrator shall—
(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger
prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large
number of false positives;
(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
(V) implement substantial security measures to protect the system from unauthorized access;
(VI) adopt policies establishing effective oversight of the use and operation of the system; and

(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
(iv) Passenger information.—After the completion of the testing of the advanced passenger prescreening system, the Administrator, by order or
interim final rule—
(I) shall require air carriers to supply to the Administrator the passenger information needed to begin implementing the advanced passenger
prescreening system; and
(II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers
passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I).
(v) Inclusion of detainees on no fly list.—The Administrator, in coordination with the Terrorist Screening Center, shall include on the No Fly List
any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the
detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the term "detainee" means an individual in the custody
or under the physical control of the United States as a result of armed conflict.
(D) Screening of employees against watchlist.—The Administrator, in coordination with the Secretary of Transportation and the Administrator of the
Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist
watchlist maintained by the Federal Government before—
(i) being certificated by the Federal Aviation Administration;
(ii) being granted unescorted access to the secure area of an airport; or
(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor
regulation to such section) of an airport.
(E) Aircraft charter customer and lessee prescreening.—
(i) In general.—The Administrator Administrator 2 shall establish a process by which operators of aircraft to be used in charter air transportation with a
maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight greater than 12,500 pounds may—
(I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual
seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such
aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly
lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and
(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons
identified on such watch list.
(ii) Requirements.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph.
(iii) No fly and automatic selectee lists.—The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and
review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in
the no fly and automatic selectee lists.
(F) Applicability.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the
advanced passenger prescreening system established under subparagraph (C).
(G) Appeal procedures.—
(i) In general.—The Administrator shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs
(C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information.
(ii) Records.—The process shall include the establishment of a method by which the Administrator will be able to maintain a record of air passengers
and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and
other individuals, the Transportation Security Administration record shall contain information determined by the Administrator to authenticate the identity of
such a passenger or individual.

(H) Definition.—In this paragraph, the term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
(k) Limitation on Liability for Acts To Thwart Criminal Violence or Aircraft Piracy.—An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that
individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur.
(l) Air Charter Program.—
(1) In general.—The Administrator shall implement an aviation security program for charter air carriers (as defined in section 40102(a)) with a maximum
certificated takeoff weight of more than 12,500 pounds.
(2) Exemption for armed forces charters.—
(A) In general.—Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to
provide charter transportation to members of the armed forces.
(B) Security procedures.—The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation,
shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or
from an airport described in section 44903(c).
(C) Armed forces defined.—In this paragraph, the term "armed forces" has the meaning given that term by section 101(a)(4) of title 10.
(m) Security Screening for Members of the Armed Forces.—
(1) In general.—The Administrator, in consultation with the Department of Defense, shall develop and implement a plan to provide expedited security
screening services for a member of the armed forces, and, to the extent possible, any accompanying family member, if the member of the armed forces, while
in uniform, presents documentation indicating official orders for air transportation departing from a primary airport (as defined in section 47102).
(2) Protocols.—In developing the plan, the Administrator shall consider—
(A) leveraging existing security screening models used to reduce passenger wait times;
(B) establishing standard guidelines for the screening of military uniform items, including combat boots; and
(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation
and Transportation Security Act (49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and
other applicable technologies to verify the identity of individuals traveling in air transportation.
(3) Rule of construction.—Nothing in this subsection shall affect the authority of the Administrator to require additional screening of a member of the
armed forces if intelligence or law enforcement information indicates that additional screening is necessary.
(4) Report to congress.—The Administrator shall submit to the appropriate committees of Congress a report on the implementation of the plan.
(n) Passenger Exit Points From Sterile Area.—
(1) In general.—The Secretary of Homeland Security shall ensure that the Transportation Security Administration is responsible for monitoring passenger
exit points from the sterile area of airports at which the Transportation Security Administration provided such monitoring as of December 1, 2013.
(2) Sterile area defined.—In this section, the term "sterile area" has the meaning given that term in section 1540.5 of title 49, Code of Federal
Regulations (or any corresponding similar regulation or ruling).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1205; Pub. L. 106–181, title VII, §717, Apr. 5, 2000, 114 Stat. 163; Pub. L. 106–528, §§4, 6, Nov. 22, 2000, 114
Stat. 2520, 2521; Pub. L. 107–71, title I, §§101(f)(7)–(9), 106(a), (c), (d), 120, 126(b), 136, 144, Nov. 19, 2001, 115 Stat. 603, 608-610, 629, 632, 636, 644; Pub.
L. 107–296, title XIV, §§1405, 1406, Nov. 25, 2002, 116 Stat. 2307; Pub. L. 108–176, title VI, §606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 108–458, title IV,
§§4011(a), 4012(a)(1), Dec. 17, 2004, 118 Stat. 3712, 3714; Pub. L. 110–53, title XVI, §1615(a), Aug. 3, 2007, 121 Stat. 486; Pub. L. 111–83, title V, §553, Oct.
28, 2009, 123 Stat. 2179; Pub. L. 112–86, §2(a), Jan. 3, 2012, 125 Stat. 1874; Pub. L. 113–67, div. A, title VI, §603, Dec. 26, 2013, 127 Stat. 1188; Pub. L. 115–
254, div. K, title I, §1991(d)(3), Oct. 5, 2018, 132 Stat. 3630.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44903(a)

49 App.:1357(f).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(a), (b), (e)(2), (3), (f); added Aug. 5,
1974, Pub. L. 93–366, §202, 88 Stat. 415,
417.

44903(b)
44903(c)(1)
44903(c)(2)

49 App.:1357(a).
49 App.:1357(b).
49 App.:1357(g).

44903(d)

49 App.:1356b.

44903(e)

49 App.:1357(e)(2), (3).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(g); added Aug. 15, 1990, Pub. L.
101–370, §2, 104 Stat. 451.
Aug. 8, 1985, Pub. L. 99–83, §553(b), 99
Stat. 226.

In this section, the word "passengers" is substituted for "persons" for consistency in the revised title.
In subsection (a)(2), the words "the degree of" are substituted for "such" for clarity.
In subsection (b), before clause (1), the word "rules" is omitted as being synonymous with "regulations". The words "such reasonable . . .
requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may deem
necessary" are omitted as surplus. The word "air" after "intrastate" is added for clarity and consistency. The words "and amending" are omitted
as surplus. In clause (1), the words "the heads of other departments, agencies, and instrumentalities of the United States Government, and
State and local authorities" are substituted for "such other Federal, State, and local agencies" for consistency in the revised title and with other
titles of the United States Code. The words "as he may deem appropriate" are omitted as surplus. In clause (2)(A), the words "in air
transportation or intrastate air transportation against acts of criminal violence and aircraft piracy" are omitted as surplus. In clause (3), before
subclause (A), the words "inspection" and "in air transportation and intrastate air transportation" are omitted as surplus. In subclause (B), the
words "that they will receive" and "any air transportation security program established under" are omitted as surplus. In clause (4), the words
"contribute to . . . the purposes of" are omitted as surplus.
In subsection (c)(1), the words "traveling in air transportation or intrastate air transportation from acts of criminal violence and aircraft piracy"
and "whose services are made available by their employers" are omitted as surplus. The words "department, agency, or instrumentality of the
Government" are substituted for "Federal department or agency" for consistency in the revised title and with other titles of the Code. The word
"When" is substituted for "In any case in which" to eliminate unnecessary words. The words "receipt of", "by order", "the services of", "directly",
and "at the airport concerned in such numbers and for such period of time as the Administrator may deem necessary" are omitted as surplus.
The words "When deciding whether additional personnel are needed" are substituted for "In making the determination referred to in the
preceding sentence" for clarity.
In subsection (c)(2)(A), before clause (i), the words "under this section" are omitted as surplus. The words "or an amendment in an existing
program" are substituted for "and may approve an amendment to a security program of an airport operator approved by the Administrator
under subsection (b)" to eliminate unnecessary words. In clause (ii), the word "monetary" is substituted for "financial" for consistency.
In subsection (e), the words "Notwithstanding any other provisions of law", "the commission of", "considered", and "the moment when"
before "such door" are omitted as surplus. The words "to allow passengers to leave" are substituted for "disembarkation", and the words "the
aircraft" are added, for clarity. The words "departments, agencies, and instrumentalities of the Government" are substituted for "Federal
departments and agencies" for consistency in the revised title and with other titles of the Code. The words "as may be . . . the purposes of" are
omitted as surplus.
Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in
the Appendix to Title 5, Government Organization and Employees.
Section 607 of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (j)(2)(F), is section 607 of Pub. L. 108–176,
which is set out as a note below.

Amendments
2018—Pub. L. 115–254, §1991(d)(3)(I), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(3)(A), substituted "Definitions" for "Definition" in heading and "In this section:" for "In this section, 'law

enforcement personnel' means individuals—" in introductory provisions, added par. (1), redesignated former pars. (1) to (3) as subpars. (A) to
(C) of par. (2), inserted before subpar. (A) "(2) Law enforcement personnel.—The term 'law enforcement personnel' means individuals—", and
in subpar. (B) substituted "Administrator" for "Under Secretary of Transportation for Security".
Subsec. (d). Pub. L. 115–254, §1991(d)(3)(B), substituted "Administrator" for "Secretary of Transportation" in introductory provisions.
Subsec. (g)(2)(E), (F). Pub. L. 115–254, §1991(d)(3)(C), substituted "Administrator's" for "Under Secretary's".
Subsec. (h)(3). Pub. L. 115–254, §1991(d)(3)(D)(i), substituted "Secretary of Homeland Security" for "Secretary".
Subsec. (h)(4)(A). Pub. L. 115–254, §1991(d)(3)(D)(ii)(I), struck out ", as soon as practicable after the date of enactment of this subsection,"
after "shall require".
Subsec. (h)(4)(C)(i). Pub. L. 115–254, §1991(d)(3)(D)(ii)(II), substituted "subsection (c)" for "section 44903(c)".
Subsec. (h)(4)(E). Pub. L. 115–254, §1991(d)(3)(D)(ii)(III), struck out ", not later than March 31, 2005," after "shall issue".
Subsec. (h)(5). Pub. L. 115–254, §1991(d)(3)(D)(iii), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation
Security Administration)" in introductory provisions.
Subsec. (h)(6)(A). Pub. L. 115–254, §1991(d)(3)(D)(iv)(I), substituted "The" for "Not later than 18 months after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act of 2007, the" in introductory provisions.
Subsec. (h)(6)(A)(i). Pub. L. 115–254, §1991(d)(3)(D)(iv)(II), substituted "paragraph" for "section".
Subsec. (h)(6)(C). Pub. L. 115–254, §1991(d)(3)(D)(v), substituted "Secretary of Homeland Security" for "Secretary" in introductory provisions.
Subsec. (i)(3). Pub. L. 115–254, §1991(d)(3)(E), struck out ", after the date of enactment of this paragraph," after "If".
Subsec. (j)(1). Pub. L. 115–254, §1991(d)(3)(F)(i), amended par. (1) generally. Prior to amendment, par. (1) required the Under Secretary of
Transportation for Security to recommend to airport operators, within 6 months after Nov. 19, 2001, commercially available measures or
procedures to prevent access to secure airport areas by unauthorized persons.
Subsec. (j)(2). Pub. L. 115–254, §1991(d)(3)(F)(ii)(VII), substituted "Administrator" for "Assistant Secretary" wherever appearing.
Pub. L. 115–254, §1991(d)(3)(F)(ii)(I), substituted "Secure flight program" for "Computer-assisted passenger prescreening system" in heading.
Subsec. (j)(2)(A). Pub. L. 115–254, §1991(d)(3)(F)(ii)(II), substituted "Administrator" for "Secretary of Transportation", "Secure Flight program"
for "Computer-Assisted Passenger Prescreening System", and, in two places, "program" for "system".
Subsec. (j)(2)(B). Pub. L. 115–254, §1991(d)(3)(F)(ii)(III), in introductory provisions, substituted "Administrator" for "Secretary of
Transportation", "Secure Flight program" for "Computer-Assisted Passenger Prescreening System", and "Administrator" for "Secretary".
Subsec. (j)(2)(C)(i). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(aa), substituted "The Administrator" for "Not later than January 1, 2005, the
Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary,".
Subsec. (j)(2)(C)(ii). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(bb), substituted "The" for "Not later than 180 days after completion of testing
under clause (i), the".
Subsec. (j)(2)(C)(iv). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(cc), substituted "After" for "Not later than 180 days after" in introductory
provisions.
Subsec. (j)(2)(D). Pub. L. 115–254, §1991(d)(3)(F)(ii)(V), substituted "Administrator" for "Assistant Secretary of Homeland Security
(Transportation Security Administration)" in introductory provisions.
Subsec. (j)(2)(E)(i). Pub. L. 115–254, §1991(d)(3)(F)(ii)(VI), substituted "The Administrator" for "Not later than 90 days after the date on which
the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the" in
introductory provisions.

Subsec. (l)(1). Pub. L. 115–254, §1991(d)(3)(G), substituted "Administrator" for "Under Secretary for Border and Transportation Security of the
Department of Homeland Security".
Subsec. (m). Pub. L. 115–254, §1991(d)(3)(H)(ii), substituted "Administrator" for "Assistant Secretary" wherever appearing.
Subsec. (m)(1). Pub. L. 115–254, §1991(d)(3)(H)(i), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation
Security Administration)".
2013—Subsec. (n). Pub. L. 113–67 added subsec. (n).
2012—Subsec. (m). Pub. L. 112–86 added subsec. (m).
2009—Subsec. (j)(2)(C)(v). Pub. L. 111–83 added cl. (v).
2007—Subsec. (h)(6). Pub. L. 110–53 amended par. (6) generally. Prior to amendment, par. (6) related to establishment of a uniform law
enforcement officer travel credential incorporating biometric identifier technology not later than 120 days after Dec. 17, 2004.
2004—Subsec. (h)(4)(E). Pub. L. 108–458, §4011(a)(1), substituted "shall issue, not later than March 31, 2005, guidance for" for "may provide
for".
Subsec. (h)(5) to (7). Pub. L. 108–458, §4011(a)(2), added pars. (5) to (7).
Subsec. (j)(2)(C) to (H). Pub. L. 108–458, §4012(a)(1), added subpars. (C) to (H).
2003—Subsec. (l). Pub. L. 108–176 added subsec. (l).
2002—Subsec. (h). Pub. L. 107–296, §1406(3), redesignated subsec. (h), relating to limitation on liability for acts to thwart criminal violence or
aircraft piracy, as (k).
Pub. L. 107–296, §1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with less-than-lethal weapons, as (i).
Subsec. (i). Pub. L. 107–296, §1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with less-than-lethal weapons,
as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 107–296, §1405(b)(1), substituted "If the Under Secretary" for "If the Secretary" and "the Under Secretary may" for "the
Secretary may".
Subsec. (i)(2). Pub. L. 107–296, §1405(b)(2), substituted "Under Secretary" for "Secretary" in two places in introductory provisions.
Subsec. (i)(3). Pub. L. 107–296, §1405(a), added par. (3).
Subsec. (j). Pub. L. 107–296, §1406(1), redesignated subsec. (i) as (j).
Subsec. (k). Pub. L. 107–296, §1406(3), redesignated subsec. (h), relating to limitation on liability for acts to thwart criminal violence or aircraft
piracy, as (k).
2001—Subsec. (a)(2). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the
Federal Aviation Administration".
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places in introductory provisions.
Subsec. (c)(1), (2)(A), (B). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
Subsec. (c)(2)(C). Pub. L. 107–71, §120, amended heading and text of subpar. (C) generally, substituting provisions relating to maximum use
of chemical and biological weapon detection equipment for provisions relating to a manual process at explosive detection locations for
randomly selecting additional checked bags for screening.
Subsec. (c)(3). Pub. L. 107–71, §106(d), added par. (3).
Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
Subsec. (g)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 107–71, §106(c)(1), substituted "weaknesses;" for "weaknesses by January 31, 2001;".
Subsec. (g)(2)(D). Pub. L. 107–71, §106(c)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: "assess and test for
compliance with access control requirements, report findings, and assess penalties or take other appropriate enforcement actions when
noncompliance is found;".
Subsec. (g)(2)(C). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (g)(2)(E). Pub. L. 107–71, §101(f)(8), substituted "Under Secretary's" for "Administrator's".
Subsec. (g)(2)(F). Pub. L. 107–71, §§101(f)(8), 106(c)(3), substituted "Under Secretary's" for "Administrator's" and "program;" for "program by
January 31, 2001;".

Subsec. (g)(2)(G). Pub. L. 107–71, §106(c)(4), added subpar. (G) and struck out former subpar. (G) which read as follows: "require airport
operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas) to ensure the
security of passengers and aircraft by January 31, 2001."
Subsec. (h). Pub. L. 107–71, §144, which directed that subsec. (h) relating to limitation on liability for acts to thwart criminal violence or aircraft
piracy be added at end of section 44903, without specifying the Code title to be amended, was executed by making the addition at the end of
this section, to reflect the probable intent of Congress.
Pub. L. 107–71, §126(b), added subsec. (h) relating to authority to arm flight deck crews with less-than-lethal weapons.
Pub. L. 107–71, §106(a), added subsec. (h) relating to improved airport perimeter access security.
Subsec. (i). Pub. L. 107–71, §136, added subsec. (i).
2000—Subsec. (c)(2)(C). Pub. L. 106–528, §6, added subpar. (C).
Subsec. (f). Pub. L. 106–181 added subsec. (f).
Subsec. (g). Pub. L. 106–528, §4, added subsec. (g).
Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment
Pub. L. 112–86, §2(b), Jan. 3, 2012, 125 Stat. 1875, provided that: "Not later than 180 days after the date of enactment of this Act [Jan. 3,
2012], the Assistant Secretary shall implement the plan required by this Act [amending this section and enacting provisions set out as a note
under section 40101 of this title]."

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

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

Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of

this title.

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.

Secondary Cockpit Barriers
Pub. L. 115–254, div. B, title III, §336, Oct. 5, 2018, 132 Stat. 3281, provided that:
"(a) Short Title.—This section may be cited as the 'Saracini Aviation Safety Act of 2018'.
"(b) Requirement.—Not later than 1 year after the date of the enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation

Administration shall issue an order requiring installation of a secondary cockpit barrier on each new aircraft that is manufactured for delivery to
a passenger air carrier in the United States operating under the provisions of part 121 of title 14, Code of Federal Regulations."

Sexual Misconduct Onboard Aircraft
Pub. L. 115–254, div. B, title III, §§339A, 339B, Oct. 5, 2018, 132 Stat. 3282, 3283, provided that:

"SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.

"(a) Establishment of Task Force.—The Secretary of Transportation shall establish a task force, to be known as the 'National In-Flight
Sexual Misconduct Task Force' (referred to in this section as 'Task Force') to—
"(1) review current practices, protocols and requirements of air carriers in responding to allegations of sexual misconduct by
passengers onboard aircraft, including training, reporting and data collection; and
"(2) provide recommendations on training, reporting and data collection regarding allegations of sexual misconduct occurring on
passenger airline flights that are informed by the review of information described in paragraph (1) and subsection (c)(5) on passengers who
have experienced sexual misconduct onboard aircraft.
"(b) Membership.—The Task Force shall be composed of, at a minimum, representatives from—
"(1) [the] Department of Transportation;
"(2) [the] Department of Justice, including the Federal Bureau of Investigation, Office of Victims for Crimes [sic], and the Office on
Violence Against Women;
"(3) National organizations that specialize in providing services to sexual assault victims;
"(4) labor organizations that represent flight attendants;
"(5) labor organizations that represent pilots;
"(6) airports;
"(7) air carriers;
"(8) State and local law enforcement agencies; and
"(9) such other Federal agencies and stakeholder organizations as the Secretary of Transportation considers appropriate.
"(c) Purpose of Task Force.—The purpose of the Task Force shall be to—
"(1) issue recommendations for addressing allegations of sexual misconduct by passengers onboard aircraft, including airline employee
and contractor training;
"(2) issue recommendations on effective ways for passengers involved in incidents of alleged sexual misconduct to report such
allegation of sexual misconduct;
"(3) issue recommendations on how to most effectively provide data on instances of alleged sexual misconduct onboard aircraft and to
whom the data collected should be reported in a manner that protects the privacy and confidentiality of individuals involved in incidents of
alleged sexual misconduct and precludes the release of data that publically identifies an individual air carrier to enable better understanding
of the frequency and severity of such misconduct;
"(4) issue recommendations for flight attendants, pilots, and other appropriate airline personnel on law enforcement notification in
incidents of alleged sexual misconduct;
"(5) review and utilize first-hand accounts from passengers who have experienced sexual misconduct onboard aircraft; and
"(6) other matters deemed necessary by the Task Force.
"(d) Report.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Task Force shall submit a report with its
recommendations and findings developed pursuant to subsection (c) to the Secretary of Transportation.
"(e) Plan.—Not later than 180 days after receiving the report required under subsection (d)[,] the Secretary of Transportation, in coordination
with relevant federal agencies, 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 plan to address the
recommendations in the report required under subsection (d). The Secretary of Transportation shall make changes to guidance, policies and
regulations, as necessary, within 1 year of submitting the plan required in this subsection.
"(f) Regulations.—Not later than 1 year after submitting the plan required in this subsection [probably means "subsection (e)"], the Secretary
of Transportation may issue regulations as deemed necessary to require each air carrier and other covered entity to develop a policy
concerning sexual misconduct in accordance with the recommendations and findings of the Task Force under subsection (c).
"(g) Sunset.—The Task Force established pursuant to subsection (a) shall terminate upon the submission of the report pursuant to
subsection (d).
"SEC. 339B. REPORTING PROCESS FOR SEXUAL MISCONDUCT ONBOARD AIRCRAFT.

"(a) In General.—Not later than two years after the date of the enactment of this Act [Oct. 5, 2018], the Attorney General, in coordination
with relevant Federal agencies, shall establish a streamlined process, based on the plan required under section 339A(e) of this Act, for
individuals involved in incidents of alleged sexual misconduct onboard aircraft to report such allegations of sexual misconduct to law
enforcement in a manner that protects the privacy and confidentiality of individuals involved in such allegations.
"(b) Availability of Reporting Process.—The process for reporting established under subsection (a) shall be made available to the public on
the primary Internet websites of—
"(1) the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice;
"(2) the Federal Bureau of Investigation; and
"(3) the Department of Transportation."

Employee Assault Prevention and Response Plans
Pub. L. 115–254, div. B, title V, §551, Oct. 5, 2018, 132 Stat. 3378, provided that:
"(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], each air carrier operating under part 121 of

title 14, Code of Federal Regulations (in this section referred to as a 'part 121 air carrier'), shall submit to the Administrator [of the Federal
Aviation Administration] for review and acceptance an Employee Assault Prevention and Response Plan related to the customer service
agents of the air carrier and that is developed in consultation with the labor union representing such agents.
"(b) Contents of Plan.—An Employee Assault Prevention and Response Plan submitted under subsection (a) shall include the following:
"(1) Reporting protocols for air carrier customer service agents who have been the victim of a verbal or physical assault.
"(2) Protocols for the immediate notification of law enforcement after an incident of verbal or physical assault committed against an air
carrier customer service agent.
"(3) Protocols for informing Federal law enforcement with respect to violations of section 46503 of title 49, United States Code.
"(4) Protocols for ensuring that a passenger involved in a violent incident with a customer service agent of an air carrier is not allowed to
move through airport security or board an aircraft until appropriate law enforcement has had an opportunity to assess the incident and take
appropriate action.
"(5) Protocols for air carriers to inform passengers of Federal laws protecting Federal, airport, and air carrier employees who have
security duties within an airport.
"(c) Employee Training.—A part 121 air carrier shall conduct initial and recurrent training for all employees, including management, of the air
carrier with respect to the plan required under subsection (a), which shall include training on de-escalating hostile situations, written protocols
on dealing with hostile situations, and the reporting of relevant incidents.
"(d) Study.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall—
"(1) complete a study of crimes of violence (as defined in section 16 of title 18, United States Code) committed against airline customer
service representatives while they are performing their duties and on airport property; and
"(2) submit the findings of the study, including any recommendations, 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].
"(e) Gap Analysis.—The study required under subsection (d) shall include a gap analysis to determine if State and local laws and resources
are adequate to deter or otherwise address the crimes of violence described in subsection (a) and recommendations on how to address any
identified gaps."

Transportation Security Laboratory
Pub. L. 115–254, div. K, title I, §1915, Oct. 5, 2018, 132 Stat. 3555, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Secretary [of Homeland Security], in

consultation with the Administrator [of the Transporation Security Administration] and the Undersecretary for Science and Technology—
"(1) shall conduct a review to determine whether the TSA [Transportation Security Administration] is the most appropriate component
within the Department [of Homeland Security] to administer the Transportation Security Laboratory; and

"(2) may direct the TSA to administer the Transportation Security Laboratory if the review under paragraph (1) identifies the TSA as the
most appropriate component.
"(b) Periodic Reviews.—The Secretary shall periodically review the screening technology test and evaluation process conducted at the
Transportation Security Laboratory to improve the coordination, collaboration, and communication between the Transportation Security
Laboratory and the TSA to identify factors contributing to acquisition inefficiencies, develop strategies to reduce acquisition inefficiencies,
facilitate more expeditious initiation and completion of testing, and identify how laboratory practices can better support acquisition decisions.
"(c) Reports.—The Secretary shall report the findings of each review under this section to the appropriate committees of Congress
[Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on
Homeland Security of the House of Representatives]."

Pilot Program for Automated Exit Lane Technology
Pub. L. 115–254, div. K, title I, §1920, Oct. 5, 2018, 132 Stat. 3560, provided that:
"(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration] shall establish a pilot program to implement and evaluate the use of automated exit lane technology at small hub
airports and nonhub airports (as those terms are defined in section 40102 of title 49, United States Code).
"(b) Partnership.—The Administrator shall carry out the pilot program in partnership with the applicable airport directors.
"(c) Cost Share.—The Federal share of the cost of the pilot program under this section shall not exceed 85 percent of the total cost of the
program.
"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out the pilot program under this section $15,000,000
for each of fiscal years 2019 through 2021.
"(e) GAO Report.—Not later than 2 years after the date the pilot program is implemented, the Comptroller General of the United States shall
submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and
Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report on the pilot program,
including—
"(1) the extent of airport participation in the pilot program and how the program was implemented;
"(2) the results of the pilot program and any reported benefits, including the impact on security and any cost-related efficiencies realized
by TSA [Transportation Security Administration] or at the participating airports; and
"(3) the feasibility of expanding the pilot program to additional airports, including to medium and large hub airports."

Securing Airport Worker Access Points
Pub. L. 115–254, div. K, title I, §1934, Oct. 5, 2018, 132 Stat. 3572, provided that:
"(a) Cooperative Efforts to Enhance Airport Security Awareness.—Not later than 180 days after the date of enactment of this Act [Oct. 5,

2018], the Administrator shall consult with air carriers, foreign air carriers, airport operators, and labor unions representing credentialed
employees to enhance security awareness of credentialed airport populations regarding insider threats to aviation security and best practices
related to airport access controls.
"(b) Credentialing Standards.—Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with air
carriers, foreign air carriers, airport operators, and labor unions representing credentialed employees, shall assess credentialing standards,
policies, and practices, including implementation of relevant credentialing updates required under the FAA Extension, Safety, and Security Act
of 2016 (Public Law 114–190; 130 Stat. 615) [see Tables for classification], to ensure that insider threats to aviation security are adequately
addressed.
"(c) SIDA Applications.—
"(1) Social security numbers required.—
"(A) In general.—Not later than 60 days after the date of enactment of this Act, the Administrator shall revise the application
submitted by an individual applying for a credential granting access to the Secure Identification Area of an airport to require the social
security number of such individual in order to strengthen security vetting effectiveness.

"(B) Failure to provide number.—An applicant who does not provide such applicant's social security number may be denied such a
credential.
"(2) Screening notice.—The Administrator shall issue requirements for an airport operator to include in each application for access to a
Security Identification Display Area notification to the applicant that an employee holding a credential granting access to a Security
Identification Display Area may be screened at any time while gaining access to, working in, or leaving a Security Identification Display
Area.
"(d) Secured and Sterile Areas of Airports.—The Administrator shall consult with airport operators and airline operators to identify
advanced technologies, including biometric identification technologies, that could be used for securing employee access to the secured areas
and sterile areas of airports.
"(e) Rap Back Vetting .—Not later than 180 days after the date of enactment of this Act, the Administrator shall identify and submit to the
appropriate committees of Congress the number of credentialed aviation worker populations at airports that are continuously vetted through
the Federal Bureau of Investigation's Rap Back Service, consistent with section 3405(b)(2) of the FAA Extension, Safety, and Security Act of
2016 (49 U.S.C. 44901 note).
"(f) Insider Threat Education and Mitigation.—Not later than 180 days after the date of enactment of this Act, the Administrator shall identify
means of enhancing the TSA's ability to leverage the resources of the Department and the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) to educate Administration personnel on insider threats to aviation security and how the TSA
can better mitigate such insider threats.
"(g) Employee Inspections.—Consistent with the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615), the
Administrator shall ensure that TSA-led, random employee physical inspection efforts of aviation workers are targeted, strategic, and focused
on providing the greatest level of security effectiveness.
"(h) Covert Testing.—
"(1) In general.—Consistent with the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615), the
Administrator shall continue to conduct covert testing of TSA-led employee inspection operations at airports and measure existing levels of
security effectiveness.
"(2) Requirements.—The Administrator shall provide—
"(A) the results of such testing to—
"(i) the airport operator for the airport that is the subject of any such testing; and
"(ii) as appropriate, to air carriers and foreign air carriers that operate at the airport that is the subject of such testing; and
"(B) recommendations and technical assistance for air carriers, foreign air carriers, and airport operators to conduct their own
employee inspections, as needed.
"(3) Annual reporting.—The Administrator shall for each of fiscal years 2019 through 2021, submit to the appropriate committees of
Congress a report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports.
"(i) Centralized Database.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator, in consultation with
ASAC, shall—
"(A) subject to paragraph (2), establish a national, centralized database of the names of each individual who—
"(i) has had an airport-issued badge revoked for failure to comply with aviation security requirements; or
"(ii) has had an aircraft operator-issued badge revoked for failure to comply with aviation security requirements;
"(B) determine the appropriate reporting mechanisms for air carriers, foreign air carriers, and airport operators—
"(i) to submit to the Administration data regarding an individual described in subparagraph (A); and
"(ii) to access the database; and
"(C) establish a process to allow an individual whose name is mistakenly entered into the database to correct the record and have
the individual's name expunged from the database.
"(2) Limitation.—The database shall not include the name of any individual whose badge has been revoked as a result of a termination
or cessation of employment unrelated to—
"(A) a violation of a security requirement; or

"(B) a determination that the individual poses a threat to aviation security."
[For definitions of terms used in section 1934 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of
Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Law Enforcement Officer Reimbursement Program
Pub. L. 115–254, div. K, title I, §1935, Oct. 5, 2018, 132 Stat. 3574, provided that:
"(a) In General.—In accordance with section 44903(c)(1) of title 49, United States Code, the Administrator [of the Transportation Security

Administration] shall increase the number of awards, and the total funding amount of each award, under the Law Enforcement Officer
Reimbursement Program—
"(1) to increase the presence of law enforcement officers in the public areas of airports, including baggage claim, ticket counters, and
nearby roads;
"(2) to increase the presence of law enforcement officers at screening checkpoints;
"(3) to reduce the response times of law enforcement officers during security incidents; and
"(4) to provide visible deterrents to potential terrorists.
"(b) Cooperation by Administrator.—In carrying out subsection (a), the Administrator shall use the authority provided to the Administrator
under section 114(m) of title 49, United States Code, that is the same authority as is provided to the Administrator of the Federal Aviation
Administration under section 106(m) of that title.
"(c) Administrative Burdens.—The Administrator shall review the regulations and compliance policies related to the Law Enforcement Officer
Reimbursement Program and, if necessary, revise such regulations and policies to reduce any administrative burdens on applicants or
recipients of such awards.
"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out section 44901(h) of title 49, United States Code,
$55,000,000 for each of fiscal years 2019 through 2021."

Airport Perimeter and Access Control Security
Pub. L. 115–254, div. K, title I, §1936, Oct. 5, 2018, 132 Stat. 3575, provided that:
"(a) Risk Assessments of Airport Security.—
"(1) In general.—The Administrator [of the Transportation Security Administration] shall—

—

"(A) not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], update the Transportation Sector Security Risk
Assessment (referred to in this section as the 'TSSRA'); and
"(B) not later than 90 days after the date the TSSRA is updated under subparagraph (A)—
"(i) update with the most currently available intelligence information the Comprehensive Risk Assessment of Perimeter and
Access Control Security (referred to in this section as the 'Risk Assessment of Airport Security');
"(ii) establish a regular schedule for periodic updates to the Risk Assessment of Airport Security; and
"(iii) conduct a system-wide assessment of airport access control points and airport perimeter security.
"(2) Contents.—The security risk assessments required under paragraph (1)(B) shall—
"(A) include updates reflected in the TSSRA and Joint Vulnerability Assessment findings;
"(B) reflect changes to the risk environment relating to airport access control points and airport perimeters;
"(C) use security event data for specific analysis of system-wide trends related to airport access control points and airport perimeter
security to better inform risk management decisions; and
"(D) consider the unique geography of and current best practices used by airports to mitigate potential vulnerabilities.
"(3) Report.—The Administrator shall report the results of the TSSRA and Risk Assessment of Airport Security under paragraph (1) to
"(A) the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and
Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives];
"(B) relevant Federal departments and agencies; and
"(C) airport operators.

"(b) Airport Security Strategy Development.—
"(1) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator shall update the 2012 National
Strategy for Airport Perimeter and Access Control Security (referred to in this section as the 'National Strategy').
"(2) Contents.—The update to the National Strategy shall include—
"(A) information from the Risk Assessment of Airport Security; and
"(B) information on—
"(i) airport security-related activities;
"(ii) the status of TSA [Transportation Security Administration] efforts to address the objectives of the National Strategy;
"(iii) finalized outcome-based performance measures and performance levels for—
     "(I) each activity described in clause (i); and
     "(II) each objective described in clause (ii); and
"(iv) input from airport operators.
"(3) Updates.—Not later than 90 days after the date the update to the National Strategy is complete, the Administrator shall establish a
regular schedule for determining if and when additional updates to the strategy under paragraph (1) are necessary."

Traveler Redress Improvement
Pub. L. 115–254, div. K, title I, §1949, Oct. 5, 2018, 132 Stat. 3588, provided that:
"(a) Redress Process.—
"(1) In general.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration], using existing resources, systems, and processes, shall ensure the availability of the Department of Homeland
Security Traveler Redress Inquiry Program (referred to in this section as 'DHS TRIP') redress process to adjudicate an inquiry for an
individual who—
"(A) is a citizen of the United States or alien lawfully admitted for permanent residence;
"(B) has filed the inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than
3 times in any 60-day period; and
"(C) believes the individual has been wrongly identified as being a threat to aviation security.
"(2) Briefing.—Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees
of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and
Committee on Homeland Security of the House of Representatives] on the implementation of the redress process required under paragraph
(1).
"(b) Privacy Impact Review and Update.—
"(1) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator shall review and update the Privacy
Impact Assessment for the Secure Flight programs to ensure the assessment accurately reflects the operation of such programs.
"(2) Public dissemination; form.—The Administrator shall—
"(A) publish the Secure Flight Privacy Impact Assessment review and update required under paragraph (1) on a publicly-accessible
internet webpage of the TSA [Transportation Security Administration]; and
"(B) submit the Secure Flight Privacy Impact Assessment review and update to the appropriate committees of Congress.
"(c) Rule Review and Notification Process.—
"(1) Rule review.—Not later than 60 days after the date of enactment of this Act, and every 120 days thereafter, the Assistant
Administrator of the Office of Intelligence and Analysis of the TSA, in coordination with the entities specified in paragraph (3), shall identify
and review the screening rules established by the Office of Intelligence and Analysis of [the] TSA.
"(2) Notification process.—Not later than 2 days after the date that any change to a rule identified under paragraph (1) is made, the
Assistant Administrator of the Office of Intelligence and Analysis of the TSA shall notify the entities specified in paragraph (3) of the change.
"(3) Entities specified.—The entities specified in this paragraph are as follows:
"(A) The Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA.
"(B) The Office of Civil Rights and Liberties of the Department [of Homeland Security].

"(C) The Office of Chief Counsel of the TSA.
"(D) The Office of General Counsel of the Department.
"(E) The Privacy Office of the Administration.
"(F) The Privacy Office of the Department.
"(G) The Federal Air Marshal Service.
"(H) The Traveler Redress Inquiry Program of the Department.

"(d) Federal Air Marshal Service Coordination.—
"(1) In general.—The Administrator shall ensure that the rules identified in subsection (c) are taken into account for Federal Air Marshal
mission scheduling.
"(2) Report.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the
appropriate committees of Congress a report on whether, and if so how, the rules identified in subsection (c) are incorporated in the risk
analysis conducted during the Federal Air Marshal mission scheduling process.
"(e) GAO Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
"(1) study the rules identified under subsection (c)(1), including—
"(A) whether the rules are effective in mitigating potential threats to aviation security; and
"(B) whether, and if so how, the TSA coordinates with the Department regarding any proposed change to a rule; and
"(2) submit to the appropriate committees of Congress a report on the findings under paragraph (1), including any recommendations."

General Aviation Airports
Pub. L. 115–254, div. K, title I, §1952, Oct. 5, 2018, 132 Stat. 3592, provided that:
"(a) Short Title.—This section may be cited as the 'Securing General Aviation and Charter Air Carrier Service Act'.
"(b) Advanced Passenger Prescreening System.—Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the

Administrator shall submit to the appropriate committees of Congress a report on the status of the deployment of the advanced passenger
prescreening system, and access thereto for certain aircraft charter operators, as required by section 44903(j)(2)(E) of title 49, United States Code,
including—
"(1) the reasons for the delay in deploying the system; and
"(2) a detailed schedule of actions necessary for the deployment of the system.
"(c) Screening Services Other Than in Primary Passenger Terminals.—
"(1) In general.—Subject to the provisions of this subsection, the Administrator may provide screening services to a charter air carrier in
an area other than the primary passenger terminal of an applicable airport.
"(2) Requests.—A request for screening services under paragraph (1) shall be made at such time, in such form, and in such manner as
the Administrator may require, except that the request shall be made to the Federal Security Director for the applicable airport at which the
screening services are requested.
"(3) Availability.—A Federal Security Director may provide requested screening services under this section if the Federal Security
Director determines such screening services are available.
"(4) Agreements.—
"(A) Limitation.—No screening services may be provided under this section unless a charter air carrier agrees in writing to
compensate the TSA for all reasonable costs, including overtime, of providing the screening services.
"(B) Payments.—Notwithstanding section 3302 of title 31, United States Code, payment received under subparagraph (A) shall be
credited to the account that was used to cover the cost of providing the screening services. Amounts so credited shall be merged with
amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other
amounts in that account.
"(5) Definitions.—In this subsection:
"(A) Applicable airport.—The term 'applicable airport' means an airport that—
"(i) is not a commercial service airport; and
"(ii) is receiving screening services for scheduled passenger aircraft.

"(B) Charter air carrier.—The term 'charter air carrier' has the meaning given the term in section 40102 of title 49, United States Code.
"(C) Screening services.—The term 'screening services' means the screening of passengers and property similar to the screening
of passengers and property described in section 44901 of title 49, United States Code.
"(d) Report.—Not later than 120 days after the date of enactment of this Act, the Administrator, in consultation with the ASAC, shall,
consistent with the requirements of paragraphs (6) and (7) of section 44946(b) of title 49, United States Code, submit to the appropriate Committees
of Congress an implementation plan, including an implementation schedule, for any of the following recommendations that were adopted by
the ASAC and with which the Administrator has concurred before the date of the enactment of this Act:
"(1) The recommendation regarding general aviation access to Ronald Reagan Washington National Airport, as adopted on February
17, 2015.
"(2) The recommendation regarding the vetting of persons seeking flight training in the United States, as adopted on July 28, 2016.
"(3) Any other such recommendations relevant to the security of general aviation adopted before the date of the enactment of this Act.
"(e) Designated Staffing.—The Administrator may designate 1 or more full-time employees of the TSA to liaise with, and respond to issues
raised by, general aviation stakeholders.
"(f) Security Enhancements.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the ASAC,
shall submit to the appropriate committees of Congress a report on the feasibility of requiring a security threat assessment before an individual
could obtain training from a private flight school to operate an aircraft having a maximum certificated takeoff weight of more than 12,500
pounds."
[For definitions of terms used in section 1952 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of
Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Flight Deck Safety and Security
Pub. L. 115–254, div. K, title I, §1961, Oct. 5, 2018, 132 Stat. 3600, provided that:
"(a) Threat Assessment.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the

Transportation Security Administration], in consultation with the Administrator of the Federal Aviation Administration, shall complete a detailed
threat assessment to identify any safety or security risks associated with unauthorized access to the flight decks on commercial aircraft and
any appropriate measures that should be taken based on the risks.
"(b) RTCA Report.—The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall disseminate RTCA
Document (DO–329) Aircraft Secondary Barriers and Alternative Flight Deck Security Procedure to aviation stakeholders, including air carriers
and flight crew, to convey effective methods and best practices to protect the flight deck."

Aviation Cybersecurity
Pub. L. 115–254, div. B, title V, §509, Oct. 5, 2018, 132 Stat. 3355, provided that:
"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation

Administration] shall initiate a review of the comprehensive and strategic framework of principles and policies (referred to in this section as the
'framework') developed pursuant to section 2111 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44903 note)
[set out below].
"(b) Contents.—In undertaking the review under subsection (a), the Administrator shall—
"(1) assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system;
"(2) review existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system; and
"(3) assess the [Federal Aviation] Administration's level of engagement and coordination with aviation stakeholders and other
appropriate agencies, organizations, or groups with which the Administration consults to carry out the framework.
"(c) Updates.—Upon completion of the review under subsection (a), the Administrator shall modify the framework, as appropriate, to address
any deficiencies identified by the review.
"(d) Report to Congress.—Not later than 180 days after initiating the review required by subsection (a), 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 review, including a description of any modifications made to
the framework."
Pub. L. 114–190, title II, §2111, July 15, 2016, 130 Stat. 625, provided that:
"(a) Comprehensive and Strategic Aviation Framework.—
"(1) In general.—Not later than 240 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal
Aviation Administration shall facilitate and support the development of a comprehensive and strategic framework of principles and policies to
reduce cybersecurity risks to the national airspace system, civil aviation, and agency information systems using a total systems approach
that takes into consideration the interactions and interdependence of different components of aircraft systems and the national airspace
system.
"(2) Scope.—In carrying out paragraph (1), the Administrator shall—
"(A) identify and address the cybersecurity risks associated with—
"(i) the modernization of the national airspace system;
"(ii) the automation of aircraft, equipment, and technology; and
"(iii) aircraft systems, including by—
     "(I) directing the Aircraft Systems Information Security Protection Working Group—
"(aa) to assess cybersecurity risks to aircraft systems;
"(bb) to review the extent to which existing rulemaking, policy, and guidance to promote safety also promote aircraft systems
information security protection; and
"(cc) to provide appropriate recommendations to the Administrator if separate or additional rulemaking, policy, or guidance is
needed to address cybersecurity risks to aircraft systems; and
     "(II) identifying and addressing—
"(aa) cybersecurity risks associated with in-flight entertainment systems; and
"(bb) whether in-flight entertainment systems can and should be isolated and separate, such as through an air gap, under
existing rulemaking, policy, and guidance;
"(B) clarify cybersecurity roles and responsibilities of offices and employees of the Federal Aviation Administration, as the roles and
responsibilities relate to cybersecurity at the Federal Aviation Administration;
"(C) identify and implement objectives and actions to reduce cybersecurity risks to air traffic control information systems, including
actions to improve implementation of information security standards, such as those of the National Institute of Standards and Technology;
"(D) support voluntary efforts by industry, RTCA, Inc., and other standards-setting organizations to develop and identify consensus
standards and best practices relating to guidance on aviation systems information security protection, consistent, to the extent
appropriate, with the cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(e));
"(E) establish guidelines for the voluntary exchange of information between and among aviation stakeholders pertaining to aviationrelated cybersecurity incidents, threats, and vulnerabilities;
"(F) identify short- and long-term objectives and actions that can be taken in response to cybersecurity risks to the national
airspace system; and
"(G) identify research and development activities to inform actions in response to cybersecurity risks.
"(3) Implementation requirements.—In carrying out the activities under this subsection, the Administrator shall—
"(A) coordinate with aviation stakeholders, including, at a minimum, representatives of industry, airlines, manufacturers, airports,
RTCA, Inc., and unions;
"(B) consult with the heads of relevant agencies and with international regulatory authorities;
"(C) if determined appropriate, convene an expert panel or working group to identify and address cybersecurity risks; and
"(D) evaluate, on a periodic basis, the effectiveness of the principles established under this subsection.
"(b) Update on Cybersecurity Implementation Progress.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the
Administrator shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate

and Committee on Transportation and Infrastructure of the House of Representatives] an update on progress made toward the implementation
of this section.
"(c) Cybersecurity Threat Model.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the
Director of the National Institute of Standards and Technology, shall implement the open recommendation issued in 2015 by the Government
Accountability Office to assess and research the potential cost and timetable of developing and maintaining an agencywide threat model,
which shall be updated regularly, to strengthen the cybersecurity of agency systems across the Federal Aviation Administration. The
Administrator shall brief the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status, results, and
composition of the threat model.
"(d) National Institute of Standards and Technology Information Security Standards.—Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration, after consultation with the Director of the National Institute of Standards
and Technology, shall transmit to the Committee on Science, Space, and Technology and 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—
"(1) a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology's latest revisions to
information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within
set timeframes; and
"(2) an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes.
"(e) Cybersecurity Research and Development.—Not later than 1 year after the date of enactment of this Act, the Administrator, in
consultation with other agencies as appropriate, shall establish a cybersecurity research and development plan for the national airspace
system, including—
"(1) any proposal for research and development cooperation with international partners;
"(2) an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications
and cabin information technology systems on board in the passenger domain; and
"(3) objectives, proposed tasks, milestones, and a 5-year budgetary profile."

Airport Security
Pub. L. 114–50, Sept. 24, 2015, 129 Stat. 490, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Gerardo Hernandez Airport Security Act of 2015'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1) Assistant secretary.—The term 'Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation
Security) of the Department of Homeland Security.
"(2) Administration.—The term 'Administration' means the Transportation Security Administration.
"SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.
"(a) In General.—The Assistant Secretary shall, in consultation with other Federal agencies as appropriate, conduct outreach to all airports
in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and
provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security
incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening
checkpoints.
"(b) Types of Plans.—Such plans may include, but may not be limited to, the following:
"(1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of
persons with disabilities.

"(2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire
response.
"(3) A schedule for regular testing of communications equipment used to receive emergency calls.
"(4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an
expeditious manner.
"(5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport.
"(6) To the extent practicable, a projected maximum timeframe for law enforcement response to active shooters, acts of terrorism, and
incidents that target passenger security-screening checkpoints.
"(7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and
airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel.
"(8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response
capabilities.
"(9) A strategy, where feasible, for providing airport law enforcement with access to airport security video surveillance systems at
category X airports where those systems were purchased and installed using Administration funds.
"(c) Report to Congress.—Not later than 180 days after the date of the enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall
report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of
preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target
passenger-screening checkpoints.
"SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.
"The Assistant Secretary shall—
"(1) identify best practices that exist across airports for security incident planning, management, and training; and
"(2) establish a mechanism through which to share such best practices with other airport operators nationwide.
"SEC. 5. CERTIFICATION.
"Not later than 90 days after the date of enactment of this Act [Sept. 24, 2015], and annually thereafter, the Assistant Secretary shall certify
in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios.
"SEC. 6. REIMBURSABLE AGREEMENTS.
"Not later than 90 days after the enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall provide to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the
Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint
screening law enforcement support reimbursable agreements.
"SEC. 7. SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION SYSTEMS.
"(a) In General.—The Assistant Secretary shall, in consultation with the Secretary of Transportation, and other relevant agencies, conduct
outreach to all passenger transportation agencies and providers with high-risk facilities, as identified by the Assistant Secretary, to verify such
agencies and providers have in place plans to respond to active shooters, acts of terrorism, or other security-related incidents that target
passengers.
"(b) Types of Plans.—As applicable, such plans may include, but may not be limited to, the following:
"(1) A strategy for evacuating and providing care to individuals, with consideration given to the needs of persons with disabilities.
"(2) A plan for establishing a unified command.
"(3) A plan for frontline employees to receive active shooter training.
"(4) A schedule for regular testing of communications equipment used to receive emergency calls.

"(5) An evaluation of how emergency calls placed by individuals using the transportation system will reach police in an expeditious
manner.
"(6) A practiced method and plan to communicate with individuals using the transportation system.
"(c) Report to Congress.—Not later than 180 days after the date of enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall
report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the findings from its outreach to the agencies and providers under subsection (a), including an analysis of the
level of preparedness such transportation systems have to respond to security incidents.
"(d) Dissemination of Best Practices.—The Assistant Secretary shall identify best practices for security incident planning, management, and
training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide.
"SEC. 8. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
"No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise
available for such purpose.
"SEC. 9. INTEROPERABILITY REVIEW.
"(a) In General.—Not later than 90 days after the date of enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall, in consultation
with the Assistant Secretary of the Office of Cybersecurity and Communications, conduct a review of the interoperable communications
capabilities of the law enforcement, fire, and medical personnel responsible for responding to a security incident, including active shooter
events, acts of terrorism, and incidents that target passenger-screening checkpoints, at all airports in the United States at which the
Administration performs, or oversees the implementation and performance of, security measures.
"(b) Report.—Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the
Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the
Senate."

Cabin Flight Crew Participation in Known Crewmember Pilot Program
Pub. L. 113–6, div. D, title II, Mar. 26, 2013, 127 Stat. 349, provided in part: "That the Administrator of the Transportation Security
Administration shall, within 270 days of the date of enactment of this Act [Mar. 26, 2013], establish procedures allowing members of cabin
flight crews of air carriers to participate in the Known Crewmember pilot program, unless the Administrator determines that meeting the
requirement within this timeline is not practicable and informs the Committees on Appropriations of the Senate and House of Representatives
of the basis for that determination and the new timeline for implementing the requirement".

Strategic Plan To Test and Implement Advanced Passenger Prescreening System
Pub. L. 110–53, title XVI, §1605, Aug. 3, 2007, 121 Stat. 481, provided that:
"(a) In General.—Not later than 120 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security, in

consultation with the Administrator of the Transportation Security Administration, shall submit to the Committee on Homeland Security of the
House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate a plan that—
"(1) describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger
information, as defined by the Administrator, to the automatic selectee and no-fly lists, utilizing appropriate records in the consolidated and
integrated terrorist watchlist maintained by the Federal Government;
"(2) provides a projected timeline for each phase of testing and implementation of the system;
"(3) explains how the system will be integrated with the prescreening system for passengers on international flights; and
"(4) describes how the system complies with section 552a of title 5, United States Code.
"(b) GAO Assessment.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of
Representatives that—

"(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger prescreening program;
"(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists;
"(3) describes the Transportation Security Administration's plan to protect private passenger information and progress made in
integrating the system with the pre-screening program for international flights operated by United States Customs and Border Protection;
"(4) provides a realistic determination of when the system will be completed; and
"(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate."

Pilot Project To Test Different Technologies at Airport Exit Lanes
Pub. L. 110–53, title XVI, §1613, Aug. 3, 2007, 121 Stat. 485, provided that:
"(a) In General.—The Administrator of the Transportation Security Administration shall conduct a pilot program at not more than 2 airports to

identify technologies to improve security at airport exit lanes.
"(b) Program Components.—In conducting the pilot program under this section, the Administrator shall—
"(1) utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry;
"(2) work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the
exits are not colocated with a screening checkpoint; and
"(3) ensure the level of security is at or above the level of existing security at the airport or airports where the pilot program is
conducted.
"(c) Reports.—
"(1) Initial briefing.—Not later than 180 days after the date of enactment of this Act [Aug. 3, 2007], the Administrator shall conduct a
briefing to the congressional committees set forth in paragraph (3) that describes—
"(A) the airport or airports selected to participate in the pilot program;
"(B) the technologies to be tested;
"(C) the potential savings from implementing the technologies at selected airport exits;
"(D) the types of configurations expected to be deployed at such airports; and
"(E) the expected financial contribution from each airport.
"(2) Final report.—Not later than 18 months after the technologies are deployed at the airports participating in the pilot program, the
Administrator shall submit a final report to the congressional committees set forth in paragraph (3) that describes—
"(A) the changes in security procedures and technologies deployed;
"(B) the estimated cost savings at the airport or airports that participated in the pilot program; and
"(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United States.
"(3) Congressional committees.—The reports required under this subsection shall be submitted to—
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Appropriations of the Senate;
"(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(D) the Committee on Homeland Security of the House of Representatives; and
"(E) the Committee on Appropriations of the House of Representatives.
"(d) Use of Existing Funds.—This section shall be executed using existing funds."

Security Credentials for Airline Crews
Pub. L. 110–53, title XVI, §1614, Aug. 3, 2007, 121 Stat. 486, provided that:
"(a) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Transportation Security

Administration, after consultation with airline, airport, and flight crew representatives, shall submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report
on the status of the Administration's efforts to institute a sterile area access system or method that will enhance security by properly identifying

authorized airline flight deck and cabin crew members at screening checkpoints and granting them expedited access through screening
checkpoints. The Administrator shall include in the report recommendations on the feasibility of implementing the system for the domestic
aviation industry beginning 1 year after the date on which the report is submitted.
"(b) Beginning Implementation.—The Administrator shall begin implementation of the system or method referred to in subsection (a) not later
than 1 year after the date on which the Administrator submits the report under subsection (a)."

CAPPS2
Pub. L. 108–176, title VI, §607, Dec. 12, 2003, 117 Stat. 2568, provided that:
"(a) In General.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall not implement,

on other than a test basis, the computer assisted passenger prescreening system (commonly known as and in this section referred to as
'CAPPS2') until the Under Secretary provides to Congress a certification that—
"(1) a procedure is established enabling airline passengers, who are delayed or prohibited from boarding a flight because CAPPS2
determined that they might pose a security threat, to appeal such determination and correct information contained in CAPPS2;
"(2) the error rate of the Government and private data bases that will be used to both establish identity and assign a risk level to a
passenger under CAPPS2 will not produce a large number of false positives that will result in a significant number of passengers being
mistaken as a security threat;
"(3) the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and has demonstrated that
CAPPS2 can make an accurate predictive assessment of those passengers who would constitute a security threat;
"(4) the Secretary of Homeland Security has established an internal oversight board to oversee and monitor the manner in which
CAPPS2 is being implemented;
"(5) the Under Secretary has built in sufficient operational safeguards to reduce the opportunities for abuse;
"(6) substantial security measures are in place to protect CAPPS2 from unauthorized access by hackers or other intruders;
"(7) the Under Secretary has adopted policies establishing effective oversight of the use and operation of the system; and
"(8) there are no specific privacy concerns with the technological architecture of the system.
"(b) GAO Report.—Not later than 90 days after the date on which certification is provided under subsection (a), the Comptroller General
shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate that
assesses the impact of CAPPS2 on the issues listed in subsection (a) and on privacy and civil liberties. The report shall include any
recommendations for practices, procedures, regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy,
discrimination, and other civil liberties."

Reimbursement of Air Carriers for Certain Screening and Related Activities
Pub. L. 108–176, title VIII, §821, Dec. 12, 2003, 117 Stat. 2594, provided that: "The Secretary of Homeland Security, subject to the availability of
funds (other than amounts in the Aviation Trust Fund) provided for this purpose, shall reimburse air carriers and airports for—
"(1) the screening of catering supplies; and
"(2) checking documents at security checkpoints."

Improved Flight Deck Integrity Measures
Pub. L. 107–71, title I, §104, Nov. 19, 2001, 115 Stat. 605, provided that:
"(a) In General.—As soon as possible after the date of enactment of this Act [Nov. 19, 2001], the Administrator of the Federal Aviation

Administration shall—
"(1) issue an order (without regard to the provisions of chapter 5 of title 5, United States Code)—
"(A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air transportation that are
required to have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized
persons;

"(B) requiring the strengthening of the flight deck door and locks on any such aircraft operating in air transportation or intrastate air
transportation that has a rigid door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced
open from the passenger compartment;
"(C) requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit access
and egress by authorized persons; and
"(D) prohibiting the possession of a key to any such flight deck door by any member of the flight crew who is not assigned to the
flight deck; and
"(2) take such other action, including modification of safety and security procedures and flight deck redesign, as may be necessary to
ensure the safety and security of the aircraft.
"(b) Implementation of Other Methods.—As soon as possible after such date of enactment [Nov. 19, 2001], the Administrator of the Federal
Aviation Administration may develop and implement methods—
"(1) to use video monitors or other devices to alert pilots in the flight deck to activity in the cabin, except that the use of such monitors or
devices shall be subject to nondisclosure requirements applicable to cockpit video recordings under section 1114(c) [of title 49];
"(2) to ensure continuous operation of an aircraft transponder in the event of an emergency; and
"(3) to revise the procedures by which cabin crews of aircraft can notify flight deck crews of security breaches and other emergencies,
including providing for the installation of switches or other devices or methods in an aircraft cabin to enable flight crews to discreetly notify
the pilots in the case of a security breach occurring in the cabin.
"(c) Commuter Aircraft.—The Administrator shall investigate means of securing the flight deck of scheduled passenger aircraft operating in
air transportation or intrastate air transportation that do not have a rigid fixed door with a lock between the passenger compartment and the
flight deck and issue such an order as the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the
flight deck while the aircraft is so operating, taking into consideration such aircraft operating in regions where there is minimal threat to aviation
security or national security."

Small and Medium Airports
Pub. L. 107–71, title I, §106(b), Nov. 19, 2001, 115 Stat. 609, provided that:
"(1) Technical support and financial assistance.—The Under Secretary of Transportation for Security [now Administrator of the

Transportation Security Administration] shall develop a plan to—
"(A) provide technical support to airports, each of which had less than 1 percent of the total annual enplanements in the United States
for the most recent calendar year for which data is available, to enhance security operations; and
"(B) provide financial assistance to those airports to defray the costs of enhancing security.
"(2) Removal of certain restrictions.—
"(A) Certification by operator.—If the operator of an airport described in paragraph (1), after consultation with the appropriate State
and local law enforcement authorities, determines that safeguards are in place to sufficiently protect public safety, and so certifies in writing
to the Under Secretary, then any security rule, order, or other directive restricting the parking of passenger vehicles shall not apply at that
airport after the applicable time period specified in subparagraph (B), unless the Under Secretary, taking into account individual airport
circumstances, notifies the airport operator that the safeguards in place do not adequately respond to specific security risks and that the
restriction must be continued in order to ensure public safety.
"(B) Countermand period.—The time period within which the Secretary may notify an airport operator, after receiving a certification
under subparagraph (A), that a restriction must be continued in order to ensure public safety at the airport is—
"(i) 15 days for a nonhub airport (as defined in section 41714(h) of title 49, United States Code);
"(ii) 30 days for a small hub airport (as defined in such section);
"(iii) 60 days for a medium hub airport (as defined in such section); and
"(iv) 120 days for an airport that had at least 1 percent of the total annual enplanements in the United States for the most recent
calendar year for which data is available."

Airport Security Awareness Programs

Pub. L. 107–71, title I, §106(e), Nov. 19, 2001, 115 Stat. 610, provided that: "The Under Secretary of Transportation for Security [now
Administrator of the Transportation Security Administration] shall require scheduled passenger air carriers, and airports in the United States
described in section 44903(c) [of title 49] to develop security awareness programs for airport employees, ground crews, gate, ticket, and
curbside agents of the air carriers, and other individuals employed at such airports."

Airline Computer Reservation Systems
Pub. L. 107–71, title I, §117, Nov. 19, 2001, 115 Stat. 624, provided that: "In order to ensure that all airline computer reservation systems
maintained by United States air carriers are secure from unauthorized access by persons seeking information on reservations, passenger
manifests, or other nonpublic information, the Secretary of Transportation shall require all such air carriers to utilize to the maximum extent
practicable the best technology available to secure their computer reservation system against such unauthorized access."

Authorization of Funds for Reimbursement of Airports for Security Mandates
Pub. L. 107–71, title I, §121, Nov. 19, 2001, 115 Stat. 630, provided that:
"(a) Airport Security.—There is authorized to be appropriated to the Secretary of Transportation for fiscal years 2002 and 2003 a total of

$1,500,000,000 to reimburse airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers for direct costs
incurred by such operators to comply with new, additional, or revised security requirements imposed on such operators by the Federal Aviation
Administration or Transportation Security Administration on or after September 11, 2001. Such sums shall remain available until expended.
"(b) Documentation of Costs; Audit.—The Secretary may not reimburse an airport operator, on-airport parking lot, or vendor of on-airfield
direct services to air carriers under this section for any cost for which the airport operator, on-airport parking lot, or vendor of on-airfield direct
services does not demonstrate to the satisfaction of the Secretary, using sworn financial statements or other appropriate data, that—
"(1) the cost is eligible for reimbursement under subsection (a); and
"(2) the cost was incurred by the airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers.
The Inspector General of the Department of Transportation and the Comptroller General of the United States may audit such statements and
may request any other information necessary to conduct such an audit.
"(c) Claim Procedure.—Within 30 days after the date of enactment of this Act [Nov. 19, 2001], the Secretary, after consultation with airport
operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers, shall publish in the Federal Register the procedures
for filing claims for reimbursement under this section of eligible costs incurred by airport operators."

Flight Deck Security
Pub. L. 107–71, title I, §128, Nov. 19, 2001, 115 Stat. 633, which authorized the pilot of a passenger aircraft to carry a firearm into the cockpit if
approved by the Under Secretary of Transportation for Security and the air carrier, if the firearm is approved by the Under Secretary, and if the
pilot has received proper training, was repealed by Pub. L. 107–296, title XIV, §1402(b)(2), Nov. 25, 2002, 116 Stat. 2305.

Charter Air Carriers
Pub. L. 107–71, title I, §132(a), Nov. 19, 2001, 115 Stat. 635, which provided that within 90 days after Nov. 19, 2001, the Under Secretary of
Transportation for Security was to implement an aviation security program for charter air carriers with a maximum certificated takeoff weight of
12,500 pounds or more, was repealed by Pub. L. 108–176, title VI, §606(b), Dec. 12, 2003, 117 Stat. 2568.

Physical Security for ATC Facilities
Pub. L. 106–528, §5, Nov. 22, 2000, 114 Stat. 2521, provided that:
"(a) In General.—In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control

systems, the Administrator of the Federal Aviation Administration shall act immediately to—
"(1) correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not
later than April 30, 2004; and

"(2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air
traffic control facilities.
"(b) Reports.—Not later than April 30, 2001, and annually thereafter through April 30, 2004, the Administrator shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress being made in improving the physical security of air traffic control facilities, including the percentage
of such facilities that have been granted physical security accreditation."

Deputizing of State and Local Law Enforcement Officers
Pub. L. 106–181, title V, §512, Apr. 5, 2000, 114 Stat. 142, provided that:
"(a) Definitions.—In this section, the following definitions apply:
"(1) Aircraft.—The term 'aircraft' has the meaning given that term in section 40102 of title 49, United States Code.
"(2) Air transportation.—The term 'air transportation' has the meaning given that term in such section.
"(3) Program.—The term 'program' means the program established under subsection (b)(1)(A).
"(b) Establishment of a Program To Deputize Local Law Enforcement Officers.—
"(1) In general.—The Attorney General may—

"(A) establish a program under which the Attorney General may deputize State and local law enforcement officers having
jurisdiction over airports and airport authorities as Deputy United States Marshals for the limited purpose of enforcing Federal laws that
regulate security on board aircraft, including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation;
and
"(B) encourage the participation of law enforcement officers of State and local governments in the program.
"(2) Consultation.—In establishing the program, the Attorney General shall consult with appropriate officials of—
"(A) the United States Government (including the Administrator [of the Federal Aviation Administration] or a designated
representative of the Administrator); and
"(B) State and local governments in any geographic area in which the program may operate.
"(3) Training and background of law enforcement officers.—
"(A) In general.—Under the program, to qualify to serve as a Deputy United States Marshal under the program, a State or local law
enforcement officer shall—
"(i) meet the minimum background and training requirements for a law enforcement officer under part 107 of title 14, Code of
Federal Regulations (or equivalent requirements established by the Attorney General); and
"(ii) receive approval to participate in the program from the State or local law enforcement agency that is the employer of that
law enforcement officer.
"(B) Training not federal responsibility.—The United States Government shall not be responsible for providing to a State or local
law enforcement officer the training required to meet the training requirements under subparagraph (A)(i). Nothing in this subsection may
be construed to grant any such law enforcement officer the right to attend any institution of the United States Government established to
provide training to law enforcement officers of the United States Government.
"(c) Powers and Status of Deputized Law Enforcement Officers.—
"(1) In general.—Subject to paragraph (2), a State or local law enforcement officer that is deputized as a Deputy United States Marshal
under the program may arrest and apprehend an individual suspected of violating any Federal law described in subsection (b)(1)(A),
including any individual who violates a provision subject to a civil penalty under section 46301 of title 49, United States Code, or section 46302,
46303, 46318, 46504, 46505, or 46507 of that title, or who commits an act described in section 46506 of that title.
"(2) Limitation.—The powers granted to a State or local law enforcement officer deputized under the program shall be limited to
enforcing Federal laws relating to security on board aircraft in flight.
"(3) Status.—A State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program shall not
—
"(A) be considered to be an employee of the United States Government; or

"(B) receive compensation from the United States Government by reason of service as a Deputy United States Marshal under the
program.
"(d) Statutory Construction.—Nothing in this section may be construed to—
"(1) grant a State or local law enforcement officer that is deputized under the program the power to enforce any Federal law that is not
described in subsection (c); or
"(2) limit the authority that a State or local law enforcement officer may otherwise exercise in the officer's capacity under any other
applicable State or Federal law.
"(e) Regulations.—The Attorney General may promulgate such regulations as may be necessary to carry out this section.
"(f) Notification of Congress.—Not later than 90 days after the date of the enactment of this Act [Apr. 5, 2000], the Attorney General shall
notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on whether or not the Attorney General intends to establish the program authorized by this section."

Development of Aviation Security Liaison Agreement
Pub. L. 104–264, title III, §309, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Secretary of Transportation and the Attorney General, acting
through the Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation, shall enter into an
interagency agreement providing for the establishment of an aviation security liaison at existing appropriate Federal agencies' field offices in or
near cities served by a designated high-risk airport."

Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 104, 106(b), (e), 117, 121, 128, and 132(a) 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.
1 So in original. Probably should be "subsection (c)".
2 So in original.

§44904. Domestic air transportation system security
(a) Assessing Threats.—The Administrator of the Transportation Security Administration and the Director of the Federal Bureau of Investigation jointly shall
assess current and potential threats to the domestic air transportation system. The assessment shall include consideration of the extent to which there are
individuals with the capability and intent to carry out terrorist or related unlawful acts against that system and the ways in which those individuals might carry out
those acts. The Administrator of the Transportation Security Administration and the Director jointly shall decide on and carry out the most effective method for
continuous analysis and monitoring of security threats to that system.
(b) Assessing Security.—In coordination with the Director, the Administrator of the Transportation Security Administration shall carry out periodic threat and
vulnerability assessments on security at each airport that is part of the domestic air transportation system. Each assessment shall include consideration of—
(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;
(2) space requirements for security personnel and equipment;
(3) separation of screened and unscreened passengers, baggage, and cargo;
(4) separation of the controlled and uncontrolled areas of airport facilities; and
(5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and
Naturalization Service, and air carriers, and of other law enforcement personnel.
(c) Modal Security Plan for Aviation.—In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(s)(3), the modal security
plan for aviation prepared under section 114(s) shall—
(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and

(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to
address such threat.
(d) Operational Criteria.—The Administrator of the Transportation Security Administration shall issue operational criteria to protect airport infrastructure and
operations against the threats identified in the plans prepared under section 114(s)(1) and shall approve best practices guidelines for airport assets.
(e) Improving Security.—The Administrator of the Transportation Security Administration shall take necessary actions to improve domestic air transportation
security by correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 108–458, title IV,
§4001(b), Dec. 17, 2004, 118 Stat. 3712; Pub. L. 115–254, div. K, title I, §1991(d)(4), Oct. 5, 2018, 132 Stat. 3632.)
Historical and Revision Notes
Revised
Section
44904(a)

49 App.:1357 (note).

44904(b)

49 App.:1357 (note).

44904(c)

49 App.:1357 (note).

Source (U.S. Code)

Source (Statutes at Large)
Nov. 16, 1990, Pub. L. 101–604, §106(a), (b),
104 Stat. 3075.
Nov. 16, 1990, Pub. L. 101–604, §106(c),
104 Stat. 3075.
Nov. 16, 1990, Pub. L. 101–604, §106(e),
104 Stat. 3075.

In subsection (a), the words "domestic air transportation system" are substituted for "domestic aviation system" for consistency in this
section.
In subsection (b), before clause (1), the word "Director" is substituted for "Federal Bureau of Investigation" because of 28:532. In clauses (1)
and (3), the word "mail" is omitted as being included in "cargo".
In subsection (c), the word "correcting" is substituted for "remedying" for clarity.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(4)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(4)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of
Transportation for Security" in first sentence.
Subsec. (c). Pub. L. 115–254, §1991(d)(4)(B), substituted "section 114(s)(3)" for "section 114(t)(3)" and "section 114(s)" for "section 114(t)" in
introductory provisions.
Subsec. (d). Pub. L. 115–254, §1991(d)(4)(C), substituted "The Administrator of the Transportation Security Administration" for "Not later than
90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary
of Homeland Security (Transportation Security Administration)" and "section 114(s)(1)" for "section 114(t)(1)".
2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary" for "Administrator" in two places and "of Transportation for
Security" for "of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (b)(5). Pub. L. 107–71, §101(f)(1), substituted "the Transportation Security Administration" for "the Administration".
Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including
functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the
Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally
by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under

section 1551 of Title 8, Aliens and Nationality.

Regular Joint Threat Assessments
Pub. L. 104–264, title III, §310, Oct. 9, 1996, 110 Stat. 3253, provided that: "The Administrator of the Federal Aviation Administration and the
Director of the Federal Bureau of Investigation shall carry out joint threat and vulnerability assessments on security every 3 years, or more
frequently, as necessary, at each airport determined to be high risk."

§44905. Information about threats to civil aviation
(a) Providing Information.—Under guidelines the Administrator of the Transportation Security Administration prescribes, an air carrier, airport operator,
ticket agent, or individual employed by an air carrier, airport operator, or ticket agent, receiving information (except a communication directed by the United
States Government) about a threat to civil aviation shall provide the information promptly to the Administrator.
(b) Flight Cancellation.—If a decision is made that a particular threat cannot be addressed in a way adequate to ensure, to the extent feasible, the safety of
passengers and crew of a particular flight or series of flights, the Administrator of the Transportation Security Administration shall cancel the flight or series of
flights.
(c) Guidelines on Public Notice.—(1) The President shall develop guidelines for ensuring that public notice is provided in appropriate cases about threats to
civil aviation. The guidelines shall identify officials responsible for—
(A) deciding, on a case-by-case basis, if public notice of a threat is in the best interest of the United States and the traveling public;
(B) ensuring that public notice is provided in a timely and effective way, including the use of a toll-free telephone number; and
(C) canceling the departure of a flight or series of flights under subsection (b) of this section.
(2) The guidelines shall provide for consideration of—
(A) the specificity of the threat;
(B) the credibility of intelligence information related to the threat;
(C) the ability to counter the threat effectively;
(D) the protection of intelligence information sources and methods;
(E) cancellation, by an air carrier or the Administrator of the Transportation Security Administration, of a flight or series of flights instead of public notice;
(F) the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a threat; and
(G) other factors the Administrator of the Transportation Security Administration considers appropriate.
(d) Guidelines on Notice to Crews.—The Administrator of the Transportation Security Administration shall develop guidelines for ensuring that notice in
appropriate cases of threats to the security of an air carrier flight is provided to the flight crew and cabin crew of that flight.
(e) Limitation on Notice to Selective Travelers.—Notice of a threat to civil aviation may be provided to selective potential travelers only if the threat
applies only to those travelers.

(f) Restricting Access to Information.—In cooperation with the departments, agencies, and instrumentalities of the Government that collect, receive, and
analyze intelligence information related to aviation security, the Administrator of the Transportation Security Administration shall develop procedures to minimize
the number of individuals who have access to information about threats. However, a restriction on access to that information may be imposed only if the
restriction does not diminish the ability of the Government to carry out its duties and powers related to aviation security effectively, including providing notice to
the public and flight and cabin crews under this section.
(g) Distribution of Guidelines.—The guidelines developed under this section shall be distributed for use by appropriate officials of the Department of
Transportation, the Department of State, the Department of Justice, and air carriers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I,
§1991(d)(5), Oct. 5, 2018, 132 Stat. 3632.)
Historical and Revision Notes
Revised
Section
44905(a)

49 App.:1358d(a).

44905(b)
44905(c)(1)
44905(c)(2)
44905(d)
44905(e)
44905(f)
44905(g)

49 App.:1358d(b).
49 App.:1358d(c)(1), (d).
49 App.:1358d(e).
49 App.:1358d(c)(2).
49 App.:1358d(f).
49 App.:1358d(h).
49 App.:1358d(g).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§321; added Nov. 16, 1990, Pub. L. 101–
604, §109(a), 104 Stat. 3078.

In subsection (a), the words "employed by an air carrier, airport operator, or ticket agent" are substituted for "employed by such an entity" for
clarity. The words "or a designee of the Secretary" are omitted as unnecessary.
In subsections (c)(1), before clause (A), and (d), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete.
In subsection (c)(1)(B), the words "when considered appropriate" are omitted as unnecessary because of the restatement.
In subsection (e), the words "selective potential travelers" are substituted for "only selective potential travelers" to eliminate an unnecessary
word.
In subsection (f), the words "departments, agencies, and instrumentalities of the Government" are substituted for "agencies" for clarity and
consistency in the revised title and with other titles of the United States Code. The words "However, a restriction on access to that information
may be imposed only if the restriction does not diminish" are substituted for "Any restriction adopted pursuant to this subsection shall not
diminish" for clarity.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(5)(A), substituted "Administrator of the Transportation Security Administration" for "Secretary of

Transportation" and "Administrator." for "Secretary."
Subsec. (b). Pub. L. 115–254, §1991(d)(5)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of
Transportation for Security".
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 115–254, §1991(d)(5)(C), substituted "Administrator of the Transportation Security Administration" for
"Under Secretary".

2001—Subsec. (b). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the
Federal Aviation Administration".
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

§44906. Foreign air carrier security programs
The Administrator of the Transportation Security Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal
Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security
program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to
and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere
to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an
air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out
this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1208; Pub. L. 104–132, title III, §322, Apr. 24, 1996, 110 Stat. 1254; Pub. L. 107–71, title I, §101(f)(7), (9), Nov.
19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(6), Oct. 5, 2018, 132 Stat. 3632.)
Historical and Revision Notes
Revised
Section
44906(a)(1)

49 App.:1357(k) (1)–(3).

49 App.:1357 (note).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(k)(1)–(3); added Nov. 16, 1990, Pub.
L. 101–604, §105(a), 104 Stat. 3074.
Nov. 16, 1990, Pub. L. 101–604, §105(c),
104 Stat. 3075.

The text of 49 App.:1357(k)(3) and the words "Not later than 180 days after the date of enactment of this Act" in section 105(c) of the
Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.
Editorial Notes

Amendments
2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for
Security" and, wherever appearing, "Administrator" for "Under Secretary".
2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the
Federal Aviation Administration".
1996—Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:
"The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal
Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a
security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the
foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving
the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the
same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers
of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section."

§44907. Security standards at foreign airports
(a) Assessment.—(1) At intervals the Secretary of Transportation considers necessary, the Secretary shall assess the effectiveness of the security measures
maintained at—
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves the United States; or
(iii) that poses a high risk of introducing danger to international air travel; and
(B) other foreign airports the Secretary considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection—
(A) in consultation with appropriate aeronautic authorities of the government of a foreign country concerned and each air carrier serving the foreign airport
for which the Secretary is conducting the assessment;
(B) to establish the extent to which a foreign airport effectively maintains and carries out security measures, including the screening and vetting of airport
workers; and
(C) by using a standard that will result in an analysis of the security measures at the airport based at least on the standards and appropriate recommended
practices contained in Annex 17 to the Convention on International Civil Aviation in effect on the date of the assessment.
(3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted under this subsection.
(b) Consultation.—In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State—
(1) on the terrorist threat that exists in each country; and
(2) to establish which foreign airports are not under the de facto control of the government of the foreign country in which they are located and pose a high
risk of introducing danger to international air travel.
(c) Notifying Foreign Authorities.—When the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, decides
that an airport does not maintain and carry out effective security measures, the Secretary of Transportation, after advising the Secretary of State, shall notify the
appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the
airport up to the standard used by the Secretary of Transportation in making the assessment.
(d) Actions When Airports Not Maintaining and Carrying Out Effective Security Measures.—(1) When the Secretary of Transportation decides
under this section that an airport does not maintain and carry out effective security measures—
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in the Federal Register;
(ii) have the identity of the airport posted and displayed prominently at all United States airports at which scheduled air carrier operations are provided
regularly; and
(iii) notify the news media of the identity of the airport;
(B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on
or with the ticket, to each passenger buying a ticket for transportation between the United States and the airport;
(C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate aeronautic authorities of the foreign
country concerned and each air carrier serving the airport and with the approval of the Secretary of State, may withhold, revoke, or prescribe conditions on the
operating authority of an air carrier or foreign air carrier that uses that airport to provide foreign air transportation; and
(D) the President may prohibit an air carrier or foreign air carrier from providing transportation between the United States and any other foreign airport that is
served by aircraft flying to or from the airport with respect to which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes effective—

(i) 90 days after the government of a foreign country is notified under subsection (c) of this section if the Secretary of Transportation finds that the
government has not brought the security measures at the airport up to the standard the Secretary used in making an assessment under subsection (a) of this
section; or
(ii) immediately on the decision of the Secretary of Transportation under subsection (c) of this section if the Secretary of Transportation decides, after
consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from the
airport.
(B) The Secretary of Transportation immediately shall notify the Secretary of State of a decision under subparagraph (A)(ii) of this paragraph so that the
Secretary of State may issue a travel advisory required under section 44908(a) of this title.
(3) The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2)
of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the
Secretary used in assessing the airport under subsection (a) of this section.
(4) An action required under paragraph (1)(A) and (B) of this subsection is no longer required only if the Secretary of Transportation, in consultation with the
Secretary of State, decides that effective security measures are maintained and carried out at the airport. The Secretary of Transportation shall notify Congress
when the action is no longer required to be taken.
(e) Suspensions.—Notwithstanding sections 40105(b) and 40106(b) of this title, the Secretary of Transportation, with the approval of the Secretary of State
and without notice or a hearing, shall suspend the right of an air carrier or foreign air carrier to provide foreign air transportation, and the right of a person to
operate aircraft in foreign air commerce, to or from a foreign airport when the Secretary of Transportation decides that—
(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from that airport; and
(2) the public interest requires an immediate suspension of transportation between the United States and that airport.
(f) Condition of Carrier Authority.—This section is a condition to authority the Secretary of Transportation grants under this part to an air carrier or
foreign air carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1209; Pub. L. 115–254, div. K, title I, §1954, Oct. 5, 2018, 132 Stat. 3595.)
Historical and Revision Notes
Revised
Section
44907(a)(1)

49 App.:1515(a)(1).

44907(a)(2)
44907(a)(3)

49 App.:1515(a)(2), (3).
49 App.:1515(c).

44907(b)
44907(c)
44907(d)(1)
44907(d)(2)
44907(d)(3)
44907(d)(4)

49 App.:1515(b).
49 App.:1515(d).
49 App.:1515(e)(2).
49 App.:1515(e)(1).
49 App.:1515(e)(3).
49 App.:1515(f).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1115(a), (b), (d)–(h); added Aug. 5, 1974,
Pub. L. 93–366, §106, 88 Stat. 414;
restated Aug. 8, 1985, Pub. L. 99–83,
§551(a), 99 Stat. 222.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1115(c); added Aug. 5, 1974, Pub. L. 93–
366, §106, 88 Stat. 414; restated Aug. 8,
1985, Pub. L. 99–83, §551(a), 99 Stat.
222; Nov. 16, 1990, Pub. L. 101–604,
§102(c)(2), 104 Stat. 3069.

44907(e)
44907(f)

49 App.:1515(g).
49 App.:1515(h).

In subsections (a)(2)(A) and (d)(2)(A)(i) and (3), the words "government of a foreign country" are substituted for "foreign government" for
consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2)(B), the word "foreign" is added for clarity and consistency in this section.
In subsection (b)(2), the word "foreign" is added for consistency in the revised title and with other titles of the Code.
In subsection (c), the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title
and with other titles of the Code.
In subsection (d)(1), before clause (A), the words "Subject to paragraph (1)" are omitted as surplus. In clause (C), the words "foreign
country" are substituted for "foreign government" for clarity and consistency in the revised title and with other titles of the Code. The word
"prescribe" is substituted for "impose" for consistency in the revised title and with other titles of the Code. The word "provide" is substituted for
"engage in" for consistency in the revised title. In clause (D), the words "directly or indirectly" are omitted as surplus.
In subsection (d)(2)(A)(i), the words "identified" and "of such airport" are omitted as surplus.
In subsection (d)(2)(B), the words "issue a travel advisory required under section 44908(a) of this title" are substituted for "comply with the
requirement of section 1515(a) [sic] of this Appendix that a travel advisory be issued" to eliminate unnecessary words.
In subsection (d)(4), the words "An action required . . . is no longer required" are substituted for "The sanctions required to be imposed with
respect to an airport . . . may be lifted" to eliminate unnecessary words.
In subsection (e), before clause (1), the word "provide" is substituted for "engage in" for consistency in the revised title.
In subsection (f), the words "issued under authority vested in" are omitted as surplus.
Editorial Notes

Amendments
2018—Subsec. (a)(2)(B). Pub. L. 115–254 inserted ", including the screening and vetting of airport workers" after "security measures".
Statutory Notes and Related Subsidiaries

Last Point of Departure Airports; Security Directives
Pub. L. 115–254, div. K, title I, §1953, Oct. 5, 2018, 132 Stat. 3594, provided that:
"(a) Notice and Consultation.—
"(1) In general.—The Administrator [of the Transportation Security Administration] shall, to the maximum extent practicable, consult and

notify the following stakeholders prior to making changes to security standards via security directives and emergency amendments for last
points of departure:
"(A) Trade association representatives, for affected air carriers and airports, who hold the appropriate security clearances.
"(B) The head of each relevant Federal department or agency, including the Administrator of the Federal Aviation Administration.
"(2) Transmittal to congress.—Not later than 3 days after the date that the Administrator issues a security directive or emergency
amendment for a last point of departure, the Administrator shall transmit to the appropriate committees of Congress [Committees on
Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland
Security of the House of Representatives] a description of the extent to which the Administrator consulted and notified the stakeholders
under paragraph (1).
"(b) GAO Report.—
"(1) In general.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Comptroller General of the United
States shall review the effectiveness of the TSA [Transportation Security Administration] process to update, consolidate, or revoke security

directives, emergency amendments, and other policies related to international aviation security at last point of departure airports and submit
to the appropriate committees of Congress and the Administrator a report on the findings and recommendations.
"(2) Contents.—In conducting the review under paragraph (1), the Comptroller General shall—
"(A) review current security directives, emergency amendments, and any other policies related to international aviation security at
last point of departure airports;
"(B) review the extent of intra-agency and interagency coordination, stakeholder outreach, coordination, and feedback; and
"(C) review TSA's process and criteria for, and implementation of, updating or revoking the policies described in subparagraph (A).
"(c) Rescreening.—Subject to section 44901(d)(4)(c) [sic] of title 49, United States Code, upon discovery of specific threat intelligence, the
Administrator shall immediately direct TSA personnel to rescreen passengers and baggage arriving from an airport outside the United States
and identify enhanced measures that should be implemented at that airport.
"(d) Notification to Congress.—Not later than 1 day after the date that the Administrator determines that a foreign air carrier is in violation of
part 1546 of title 49, Code of Federal Regulations, or any other applicable security requirement, the Administrator shall notify the appropriate
committees of Congress.
"(e) Decisions Not Subject to Judicial Review.—Notwithstanding any other provision of law, any decision of the Administrator under
subsection (a)(1) relating to consultation or notification shall not be subject to judicial review."

§44908. Travel advisory and suspension of foreign assistance
(a) Travel Advisories.—On being notified by the Administrator of the Transportation Security Administration that the Administrator of the Transportation
Security Administration has decided under section 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the security of passengers, aircraft, or crew
traveling to or from a foreign airport that the Administrator of the Transportation Security Administration has decided under section 44907 of this title does not
maintain and carry out effective security measures, the Secretary of State—
(1) immediately shall issue a travel advisory for that airport; and
(2) shall publicize the advisory widely.
(b) Suspending Assistance.—The President shall suspend assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in which is located an airport with respect to which section 44907(d)(1) of this title becomes
effective if the Secretary of State decides the country is a high terrorist threat country. The President may waive this subsection if the President decides, and
reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency.
(c) Actions No Longer Required.—An action required under this section is no longer required only if the Administrator of the Transportation Security
Administration has made a decision as provided under section 44907(d)(4) of this title. The Administrator shall notify Congress when the action is no longer
required to be taken.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2224(a), Oct. 21, 1998, 112 Stat. 2681–819; Pub. L. 115–
254, div. K, title I, §1991(d)(7), Oct. 5, 2018, 132 Stat. 3632.)
Historical and Revision Notes
Revised
Section
44908(a)

49 App.:1515a(a).

44908(b)
44908(c)

49 App.:1515a(b).
49 App.:1515a(c), (d).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 8, 1985, Pub. L. 99–83, §552, 99 Stat.
226.

In subsection (a)(3), the words "take the necessary steps to" are omitted as surplus.
In subsection (b), the words "all" and "the requirements of" are omitted as surplus.
Subsection (c) is substituted for 49 App.:1515a(c) and (d) to eliminate unnecessary words.

Editorial Notes

References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified
principally to chapter 32 (§2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of Title 22 and Tables.
The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 (§2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section
2751 of Title 22 and Tables.

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(7)(A), (B), in introductory provisions, substituted "Administrator of the Transportation Security
Administration" for "Secretary of Transportation" wherever appearing and struck out "safety or" before "security of passengers".
Subsec. (c). Pub. L. 115–254, §1991(d)(7)(A), (C), substituted "Administrator of the Transportation Security Administration" for "Secretary of
Transportation" and "The Administrator" for "The Secretary".
1998—Subsec. (a). Pub. L. 105–277 inserted "and" at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as
follows: "shall publish the advisory in the Federal Register; and".

§44909. Passenger manifests
(a) Air Carrier Requirements.—(1) The Secretary of Transportation shall require each air carrier to provide a passenger manifest for a flight to an
appropriate representative of the Secretary of State—
(A) not later than one hour after that carrier is notified of an aviation disaster outside the United States involving that flight; or
(B) if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours
after the carrier is so notified.
(2) The passenger manifest should include the following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if required for travel.
(C) the name and telephone number of a contact for each passenger.
(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger
manifest information as a condition for passengers boarding a flight of the carrier.
(b) Foreign Air Carrier Requirements.—The Secretary of Transportation shall consider imposing a requirement on foreign air carriers comparable to that
imposed on air carriers under subsection (a)(1) and (2) of this section.
(c) Flights in Foreign Air Transportation to the United States.—
(1) In general.—Each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the
Commissioner of U.S. Customs and Border Protection by electronic transmission a passenger and crew manifest containing the information specified in
paragraph (2). Carriers may use the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) to
provide the information required by the preceding sentence.
(2) Information.—A passenger and crew manifest for a flight required under paragraph (1) shall contain the following information:
(A) The full name of each passenger and crew member.
(B) The date of birth and citizenship of each passenger and crew member.
(C) The sex of each passenger and crew member.

(D) The passport number and country of issuance of each passenger and crew member if required for travel.
(E) The United States visa number or resident alien card number of each passenger and crew member, as applicable.
(F) Such other information as the Administrator of the Transportation Security Administration, in consultation with the Commissioner of U.S. Customs and
Border Protection, determines is reasonably necessary to ensure aviation safety.
(3) Passenger name records.—The carriers shall make passenger name record information available to the Customs Service upon request.
(4) Transmission of manifest.—Subject to paragraphs (5) and (6), a passenger and crew manifest required for a flight under paragraph (1) shall be
transmitted to the Customs Service in advance of the aircraft landing in the United States in such manner, time, and form as the Customs Service prescribes.
(5) Transmission of manifests to other federal agencies.—Upon request, information provided to the Administrator of the Transportation Security
Administration or the Customs Service under this subsection may be shared with other Federal agencies for the purpose of protecting national security.
(6) Prescreening international passengers.—
(A) In general.—The Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the
Department of Homeland Security to compare passenger information for any international flight to or from the United States against the consolidated and
integrated terrorist watchlist maintained by the Federal Government before departure of the flight.
(B) Appeal procedures.—
(i) In general.—The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph
(A) to appeal to the Department of Homeland Security the determination and correct any erroneous information.
(ii) Records.—The process shall include the establishment of a method by which the Secretary of Homeland Security will be able to maintain a record
of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of
misidentified passengers and other individuals, the Department of Homeland Security record shall contain information determined by the Secretary of
Homeland Security to authenticate the identity of such a passenger or individual.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 106–181, title VII, §718, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, §115, Nov. 19, 2001,
115 Stat. 623; Pub. L. 108–458, title IV, §4012(a)(2), Dec. 17, 2004, 118 Stat. 3717; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L.
115–254, div. K, title I, §1991(d)(8), Oct. 5, 2018, 132 Stat. 3633.)
Historical and Revision Notes
Revised
Section
44909(a)(1)

49 App.:1380(a).

44909(a)(2)
44909(a)(3)

49 App.:1380(b).
49 App.:1380 (note).

44909(b)

49 App.:1380 (note).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §410, 72
Stat. 769; Oct. 15, 1962, Pub. L. 87–820,
§8, 76 Stat. 936; restated Nov. 16, 1990,
Pub. L. 101–604, §203(a), 104 Stat. 3082.
Nov. 16, 1990, Pub. L. 101–604, §203(b),
104 Stat. 3082.
Nov. 16, 1990, Pub. L. 101–604, §203(c),
104 Stat. 3083.

In subsection (a)(1), before clause (A), the words "each air carrier" are substituted "all United States air carriers" because of the definition of
"air carrier" in section 40102(a) of the revised title. The words "an appropriate representative of the Secretary of State" are substituted for
"appropriate representatives of the United States Department of State" because of 22:2651 and for consistency in the revised title and with
other titles of the United States Code. In clause (B), the words "to comply with clause (A) of this paragraph" are substituted for "to fulfill the
requirement of this subsection" for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), before clause (B), the words "For purposes of this section" are omitted as unnecessary.
In subsection (a)(3), the words "In carrying out this subsection" are substituted for "In implementing the requirement pursuant to the
amendment made by subsection (a) of this section" for clarity and to eliminate unnecessary words.

In subsection (b), the word "imposing" is added for clarity. The words "imposed on air carriers under subsection (a)(1) and (2) of this section"
are substituted for "imposed pursuant to the amendment made by subsection (a)" for clarity and because of the restatement.
Editorial Notes

Amendments
2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(8)(A), substituted "The" for "Not later than March 16, 1991, the" in introductory provisions.
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(8)(B)(i), substituted "Each" for "Not later than 60 days after the date of enactment of the Aviation

and Transportation Security Act, each".
Subsec. (c)(2)(F), (5). Pub. L. 115–254, §1991(d)(8)(B)(ii), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary".
Subsec. (c)(6)(A). Pub. L. 115–254, §1991(d)(8)(B)(iii)(I), substituted "The" for "Not later than 60 days after date of enactment of this
paragraph, the".
Subsec. (c)(6)(B)(ii). Pub. L. 115–254, §1991(d)(8)(B)(iii)(II), substituted "the Secretary of Homeland Security will" for "the Secretary will" and
"the Secretary of Homeland Security to" for "the Secretary to".
2004—Subsec. (c)(4). Pub. L. 108–458, §4012(a)(2)(A), substituted "paragraphs (5) and (6)," for "paragraph (5),".
Subsec. (c)(6). Pub. L. 108–458, §4012(a)(2)(B), added par. (6).
2001—Subsec. (c). Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without specifying the Code title to be
amended, was executed by making the addition to this section, to reflect the probable intent of Congress.
2000—Subsec. (a)(2). Pub. L. 106–181 substituted "should" for "shall" in introductory provisions.
Statutory Notes and Related Subsidiaries

Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (c)(1) and (2)(F) on authority
of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including
functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the
Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally
by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

§44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security
The Secretary of State shall seek multilateral and bilateral agreement on strengthening enforcement measures and standards for compliance related to aircraft
sabotage, aircraft hijacking, and airport security.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212.)
Historical and Revision Notes
Revised
Section
44910

Source (U.S. Code)
49 App.:1515 (note).

Source (Statutes at Large)
Aug. 8, 1985, Pub. L. 99–83, §556, 99 Stat.
227.

§44911. Intelligence
(a) Definition.—In this section, "intelligence community" means the intelligence and intelligence-related activities of the following units of the United States
Government:
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b) Policies and Procedures on Report Availability.—The head of each unit in the intelligence community shall prescribe policies and procedures to
ensure that intelligence reports about terrorism are made available, as appropriate, to the heads of other units in the intelligence community, the Secretary of
Transportation, and the Administrator of the Transportation Security Administration.
(c) Unit for Strategic Planning on Terrorism.—The heads of the units in the intelligence community shall place greater emphasis on strategic
intelligence efforts by establishing a unit for strategic planning on terrorism.
(d) Designation of Intelligence Officer.—At the request of the Secretary of Homeland Security, the Director of Central Intelligence shall designate at least
one intelligence officer of the Central Intelligence Agency to serve in a senior position in the Office of the Secretary.
(e) Written Working Agreements.—The heads of units in the intelligence community, the Secretary of Homeland Security, and the Administrator of the
Transportation Security Administration shall review and, as appropriate, revise written working agreements between the intelligence community and the
Administrator of the Transportation Security Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 102(b), (c), Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254,
div. K, title I, §1991(d)(9), Oct. 5, 2018, 132 Stat. 3633.)
Historical and Revision Notes
Revised
Section
44911(a)

49 App.:1358d (note).

44911(b)

49 App.:1358d (note).

44911(c)

49 App.:1358d (note).

44911(d)

49 App.:1358d (note).

Source (U.S. Code)

Source (Statutes at Large)
Nov. 16, 1990, Pub. L. 101–604, §111(e), 104
Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604, §111(a), 104
Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604, §111(b), 104
Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604, §111(c), 104

44911(e)

49 App.:1358d (note).

Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604, §111(d), 104
Stat. 3080.

In this section, the word "units" is substituted for "agencies" for consistency in the revised title and with other titles of the United States
Code.
In subsections (b) and (e), the words "Not later than 180 days after the date of enactment of this Act" in section 111(a) and (d) of the Aviation
Security Improvement Act of 1990 (Public Law 101–640, 104 Stat. 3080) are omitted as obsolete.
In subsection (b), the words "the heads of other units in the intelligence community, the Secretary of Transportation, and the Administrator of
the Federal Aviation Administration" are substituted for "other members of the intelligence community, the Department of Transportation, and
the Federal Aviation Administration" for clarity and consistency in the revised title and with other titles of the Code.
In subsections (c) and (e), the words "heads of units in the intelligence community" are substituted for "intelligence community" for clarity
and consistency in the revised title and with other titles of the Code.
In subsection (e), the words "memorandums of understanding" are omitted as being included in "written working agreements".
Editorial Notes

Amendments
2018—Subsec. (b). Pub. L. 115–254, §1991(d)(9)(A), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security".
Subsec. (d). Pub. L. 115–254, §1991(d)(9)(B), substituted "request of the Secretary of Homeland Security" for "request of the Secretary".
Subsec. (e). Pub. L. 115–254, §1991(d)(9)(C), substituted "Secretary of Homeland Security, and the Administrator of the Transportation
Security Administration" for "Secretary, and the Under Secretary" and "intelligence community and the Administrator of the Transportation
Security Administration" for "intelligence community and the Under Secretary".
2001—Subsec. (b). Pub. L. 107–71, §102(b), struck out "international" before "terrorism".
Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation
Administration".
Subsec. (c). Pub. L. 107–71, §102(c), substituted "place" for "consider placing".
Subsec. (e). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Statutory Notes and Related Subsidiaries

Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of
the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence
or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a
reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of
Title 50, War and National Defense.

§44912. Research and development
(a) Program Requirement.—(1) The Administrator shall establish and carry out a program to accelerate and expand the research, development, and
implementation of technologies and procedures to counteract terrorist acts against civil aviation. The program shall provide for developing and having in place

new equipment and procedures necessary to meet the technological challenges presented by terrorism. The program shall include research on, and
development of, technological improvements and ways to enhance human performance.
(2) In designing and carrying out the program established under this subsection, the Administrator shall—
(A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States Government doing similar research;
(B) identify departments, agencies, and instrumentalities that would benefit from that research; and
(C) seek cost-sharing agreements with those departments, agencies, and instrumentalities.
(3) In carrying out the program established under this subsection, the Administrator shall review and consider the annual reports the Secretary of
Transportation submits to Congress on transportation security and intelligence.
(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering,
research, and development with respect to security technology under the program.
(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding
the allocation of funds for engineering, research, and development with respect to security technology under the program.
(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Administrator a report on activities under this paragraph during
the preceding year. Each report shall include, for the year covered by such report, information on—
(i) progress made in engineering, research, and development with respect to security technology;
(ii) the allocation of funds for engineering, research, and development with respect to security technology; and
(iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research,
and development with respect to such technologies.
(5) The Administrator may—
(A) make grants to institutions of higher learning and other appropriate research facilities with demonstrated ability to carry out research described in
paragraph (1) of this subsection, and fix the amounts and terms of the grants; and
(B) make cooperative agreements with governmental authorities the Administrator decides are appropriate.
(b) Review of Threats.—(1) The Administrator shall periodically review threats to civil aviation, with particular focus on—
(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system,
including—
(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and
(ii) the disruption of civil aviation service, including by cyber attack;
(B) explosive material that presents the most significant threat to civil aircraft;
(C) the minimum amounts, configurations, and types of explosive material that can cause, or would reasonably be expected to cause, catastrophic damage
to aircraft in air transportation;
(D) the amounts, configurations, and types of explosive material that can be detected reliably by existing, or reasonably anticipated, near-term explosive
detection technologies;
(E) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;
(F) the feasibility of using various ways to minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably
anticipated, near-term explosive detection technologies;
(G) the ability to screen passengers, carry-on baggage, checked baggage, and cargo; and
(H) the technologies that might be used in the future to attempt to destroy or otherwise threaten commercial aircraft and the way in which those technologies
can be countered effectively.
(2) The Administrator shall use the results of the review under this subsection to develop the focus and priorities of the program established under subsection
(a) of this section.
(c) Scientific Advisory Panel.—(1) The Administrator shall establish a scientific advisory panel to review, comment on, advise the progress of, and
recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and

prevent catastrophic damage to commercial aircraft, commercial aviation facilities, commercial aviation personnel and passengers, and other components of the
commercial aviation system by the next generation of terrorist weapons.
(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in—
(i) the development and testing of effective explosive detection systems;
(ii) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective explosive detection technology must be
capable of detecting;
(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and
(iv) other scientific and technical areas the Administrator considers appropriate.
(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.
(3) The Administrator shall organize the advisory panel into teams capable of undertaking the review of policies and technologies upon request.
(4) Biennially, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals on the panel is suited
to the current and anticipated duties of the panel.
(d) Security and Research and Development Activities.—
(1) In general.—The Administrator shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test,
and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to
ensure security.
(2) Disclosure.—
(A) In general.—Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting disclosure of information obtained or
developed in ensuring security under this title if the Secretary of Homeland Security decides disclosing the information would—
(i) be an unwarranted invasion of personal privacy;
(ii) reveal a trade secret or privileged or confidential commercial or financial information; or
(iii) be detrimental to transportation safety.
(B) Information to congress.—Subparagraph (A) does not authorize information to be withheld from a committee of Congress authorized to have the
information.
(C) Rule of construction.—Nothing in subparagraph (A) shall be construed to authorize the designation of information as sensitive security information
(as defined in section 15.5 of title 49, Code of Federal Regulations)—
(i) to conceal a violation of law, inefficiency, or administrative error;
(ii) to prevent embarrassment to a person, organization, or agency;
(iii) to restrain competition; or
(iv) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific
research information not clearly related to transportation security.
(D) Privacy act.—Section 552a of title 5 shall not apply to disclosures that the Administrator of the Transportation Security Administration may make
from the systems of records of the Transportation Security Administration to any Federal law enforcement, intelligence, protective service, immigration, or
national security official in order to assist the official receiving the information in the performance of official duties.
(3) Transfers of duties and powers prohibited.—Except as otherwise provided by law, the Administrator may not transfer a duty or power under this
section to another department, agency, or instrumentality of the United States Government.
(e) Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 112, Nov. 19, 2001, 115 Stat. 603, 620; Pub. L. 115–254, div. K,
title I, §1991(d)(10), Oct. 5, 2018, 132 Stat. 3633.)
Historical and Revision Notes
Revised

Source (U.S. Code)

Source (Statutes at Large)

Section
44912(a)

49 App.:1357(d)(3)(A), (D), (4)–(7).

44912(b)
44912(c)

49 App.:1357(d)(3)(B), (C).
49 App.:1357(d)(8).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(d)(3)–(8); added Nov. 16, 1990, Pub.
L. 101–604, §107, 104 Stat. 3076.

In subsection (a)(1), the words "It shall be the purpose of the program established under paragraph (3)" and "established under paragraph
(3)" are omitted as unnecessary.
In subsection (a)(2)(A), the word "activities" is added for clarity. The words "departments, agencies, and instrumentalities of the United
States Government" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4), the words "The Administrator may . . . make grants" are substituted for "Amounts appropriated for each fiscal year
under paragraph (9) shall be made available by the Administrator, by way of grants" to eliminate unnecessary words. In clause (A), the words
"institutions of higher learning" are substituted for "colleges, universities", and the word "institutions" is substituted for "institutions and
facilities", for clarity and consistency in the revised title and with other titles of the Code. In clause (B), the words "governmental authorities"
are substituted for "governmental entities" for consistency in the revised title and with other titles of the Code.
In subsection (b)(1), before clause (A), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete. Clause (B) is
substituted for 49 App.:1357(d)(3)(B)(ii) and (iii) for clarity and to eliminate unnecessary words.
In subsection (b)(1)(E), the word "mail" is omitted as being included in "cargo".
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(10)(C), substituted "Administrator" for "Under Secretary" wherever appearing in subsecs. (a) to (c).
Subsec. (a)(1). Pub. L. 115–254, §1991(d)(10)(A)(i), substituted "Administrator" for "Under Secretary of Transportation for Security" and struck

out ", not later than November 16, 1993," after "in place".
Subsec. (a)(4)(C). Pub. L. 115–254, §1991(d)(10)(A)(ii), substituted "Administrator" for "Research, Engineering and Development Advisory
Committee" in introductory provisions.
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(10)(B)(i), struck out ", as a subcommittee of the Research, Engineering, and Development Advisory
Committee," after "panel".
Subsec. (c)(4). Pub. L. 115–254, §1991(d)(10)(B)(ii), substituted "Biennially," for "Not later than 90 days after the date of the enactment of the
Aviation and Transportation Security Act, and every two years thereafter,".
Subsecs. (d), (e). Pub. L. 115–254, §1991(d)(10)(D), added subsecs. (d) and (e).
2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the
Federal Aviation Administration".
Subsec. (a)(2), (3). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (a)(4). Pub. L. 107–71, §112(b)(1)(B), added par. (4). Former par. (4) redesignated (5).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Subsec. (a)(5). Pub. L. 107–71, §112(b)(1)(A), redesignated par. (4) as (5).
Subsec. (b)(1). Pub. L. 107–71, §§101(f)(7), 112(a)(1), in introductory provisions, substituted "Under Secretary" for "Administrator" and
"periodically review" for "complete an intensive review of".
Subsec. (b)(1)(A). Pub. L. 107–71, §112(b)(2)(B), added subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 107–71, §112(a)(2), substituted "aircraft in air transportation;" for "commercial aircraft in service and expected to be in service in the
10-year period beginning on November 16, 1990;".

Subsec. (b)(1)(C). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).
Pub. L. 107–71, §112(a)(3), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(1)(E) to (G). Pub. L. 107–71, §112(b)(2)(A), redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G)
redesignated (H).
Pub. L. 107–71, §112(a)(3), redesignated subpars. (D) to (F) as (E) to (G), respectively.
Subsec. (b)(1)(H). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (G) as (H).
Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (c). Pub. L. 107–71, §112(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "The
Administrator shall establish a scientific advisory panel, as a subcommittee of the Research, Engineering and Development Advisory
Committee, to review, comment on, advise on the progress of, and recommend modifications in, the program established under subsection (a)
of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft by the
next generation of terrorist weapons. The panel shall consist of individuals with scientific and technical expertise in—
"(1) the development and testing of effective explosive detection systems;
"(2) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective technology must
be capable of detecting;
"(3) technologies involved in minimizing airframe damage to aircraft from explosives; and
"(4) other scientific and technical areas the Administrator considers appropriate."
Statutory Notes and Related Subsidiaries

Innovation Task Force
Pub. L. 115–254, div. K, title I, §1916, Oct. 5, 2018, 132 Stat. 3556, provided that:
"(a) In General.—The Administrator shall establish an innovation task force—

"(1) to cultivate innovations in transportation security;
"(2) to develop and recommend how to prioritize and streamline requirements for new approaches to transportation security;
"(3) to accelerate the development and introduction of new innovative transportation security technologies and improvements to
transportation security operations; and
"(4) to provide industry with access to the airport environment during the technology development and assessment process to
demonstrate the technology and to collect data to understand and refine technical operations and human factor issues.
"(b) Activities.—The task force shall—
"(1) conduct activities to identify and develop an innovative technology, emerging security capability, or process designed to enhance
transportation security, including—
"(A) by conducting a field demonstration of such a technology, capability, or process in the airport environment;
"(B) by gathering performance data from such a demonstration to inform the acquisition process; and
"(C) by enabling a small business with an innovative technology or emerging security capability, but less than adequate resources,
to participate in such a demonstration;
"(2) conduct at least quarterly collaboration meetings with industry, including air carriers, airport operators, and other transportation
security stakeholders to highlight and discuss best practices on innovative security operations and technology evaluation and deployment;
and
"(3) submit to the appropriate committees of Congress an annual report on the effectiveness of key performance data from task forcesponsored projects and checkpoint enhancements.
"(c) Composition.—
"(1) Appointment.—The Administrator, in consultation with the Chairperson of ASAC shall appoint the members of the task force.
"(2) Chairperson.—The task force shall be chaired by the Administrator's designee.

"(3) Representation.—The task force shall be comprised of representatives of—
"(A) the relevant offices of the TSA;
"(B) if considered appropriate by the Administrator, the Science and Technology Directorate of the Department of Homeland
Security;
"(C) any other component of the Department of Homeland Security that the Administrator considers appropriate; and
"(D) such industry representatives as the Administrator considers appropriate.
"(d) Rule of Construction.—Nothing in this section shall be construed to require the acquisition or deployment of an innovative technology,
emerging security capability, or process identified, developed, or recommended under this section.
"(e) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force established under this
section."
[For definitions of terms used in section 1916 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of
Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Research and Development of Aviation Security Technology
Pub. L. 107–71, title I, §137, Nov. 19, 2001, 115 Stat. 637, as amended by Pub. L. 110–53, title XVI, §1608, Aug. 3, 2007, 121 Stat. 484, provided
that:
"(a) Funding.—To augment the programs authorized in section 44912(a)(1) of title 49, United States Code, there is authorized to be appropriated
an additional $50,000,000 for each of fiscal years 2006 through 2011 and such sums as are necessary for each fiscal year thereafter to the
Transportation Security Administration, for research, development, testing, and evaluation of the following technologies which may enhance
transportation security in the future. Grants to industry, academia, and Government entities to carry out the provisions of this section shall be
available for fiscal years 2006 through 2011 for—
"(1) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked baggage,
specifically, technology that is—
"(A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is
currently under development as part of the Argus research program at the Transportation Security Administration;
"(B) faster, to facilitate screening of all checked baggage at larger airports; or
"(C) more accurate, to reduce the number of false positives requiring additional security measures;
"(2) acceleration of research, development, testing, and evaluation of new screening technology for carry-on items to provide more
effective means of detecting and identifying weapons, explosives, and components of weapons of mass destruction, including advanced xray technology;
"(3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of items being
loaded onto aircraft, including cargo, catering, and duty-free items;
"(4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or entering secure
areas, including detection of weapons, explosives, and components of weapons of mass destruction;
"(5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement, including
quantitative methods of assessing security factors at airports selected for testing such systems;
"(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education, training,
and testing of key airport security personnel; and
"(7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to reduce the
vulnerability of aircraft to terrorist attack.
"(b) Grants.—Grants awarded under this subtitle [probably should be "this section"] shall identify potential outcomes of the research, and
propose a method for quantitatively assessing effective increases in security upon completion of the research program. At the conclusion of
each grant, the grant recipient shall submit a final report to the Transportation Security Administration that shall include sufficient information to
permit the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] to prepare a costbenefit analysis of potential improvements to airport security based upon deployment of the proposed technology. The Under Secretary shall
begin awarding grants under this subtitle within 90 days of the date of enactment of this Act [Nov. 19, 2001].

"(c) Budget Submission.—A budget submission and detailed strategy for deploying the identified security upgrades recommended upon
completion of the grants awarded under subsection (b), shall be submitted to Congress as part of the Department of Transportation's annual
budget submission.
"(d) Defense Research.—There is authorized to be appropriated $20,000,000 to the Transportation Security Administration to issue research
grants in conjunction with the Defense Advanced Research Projects Agency. Grants may be awarded under this section for—
"(1) research and development of longer-term improvements to airport security, including advanced weapons detection;
"(2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate
parties;
"(3) advances in biometrics for identification and threat assessment; or
"(4) other technologies for preventing acts of terrorism in aviation."
[For definitions of terms used in section 137 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.]

Termination of Advisory Panels
Advisory panels established after Jan. 5, 1973, to terminate not later than expiration of 2-year period beginning on the date of their
establishment, unless, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by
appropriate action prior to expiration of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise
provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.

§44913. Explosive detection
(a) Deployment and Purchase of Equipment.—(1) A deployment or purchase of explosive detection equipment under section 108.7(b)(8) or 108.20 of title
14, Code of Federal Regulations, or similar regulation is required only if the Administrator of the Transportation Security Administration (referred to in this section
as "the Administrator") certifies that the equipment alone, or as part of an integrated system, can detect under realistic air carrier operating conditions the
amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Administrator shall
base the certification on the results of tests conducted under protocols developed in consultation with expert scientists outside of the Transportation Security
Administration. Those tests shall be completed not later than April 16, 1992.
(2) Until such time as the Administrator determines that equipment certified under paragraph (1) is commercially available and has successfully completed
operational testing as provided in paragraph (1), the Administrator shall facilitate the deployment of such approved commercially available explosive detection
devices as the Administrator determines will enhance aviation security significantly. The Administrator shall require that equipment deployed under this
paragraph be replaced by equipment certified under paragraph (1) when equipment certified under paragraph (1) becomes commercially available. The
Administrator is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment
under paragraph (1) in the interests of aviation security. The Administrator may permit the requirements of this paragraph to be met at airports by the deployment
of dogs or other appropriate animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons.
(3) This subsection does not prohibit the Administrator from purchasing or deploying explosive detection equipment described in paragraph (1) of this
subsection.
(b) Grants.—The Administrator may provide grants to continue the Explosive Detection K-9 Team Training Program to detect explosives at airports and on
aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 104–264, title III, §305(a), Oct. 9, 1996, 110 Stat. 3252; Pub. L. 104–287, §5(9), Oct. 11, 1996,
110 Stat. 3389; Pub. L. 107–71, title I, §101(f)(2), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(11), Oct. 5, 2018, 132 Stat.
3635.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44913(a)(1)

49 App.:1358c(a), (b).

44913(a)(2)
44913(a)(3)
44913(b)

49 App.:1358c(c).
49 App.:1358c(d).
49 App.:2225.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§320; added Nov. 16, 1990, Pub. L. 101–
604, §108, 104 Stat. 3077.

Sept. 3, 1982, Pub. L. 97–248, §529, 96 Stat.
699; Dec. 30, 1987, Pub. L. 100–223,
§114, 101 Stat. 1505.

In subsection (a), the words "after November 16, 1990" are omitted as executed. The words "The Administrator shall base the certification
on" are substituted for "based on" because of the restatement.
In subsection (b), the words "but not be limited to" are omitted as unnecessary.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(11)(A)(iv), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a)(1). Pub. L. 115–254, §1991(d)(11)(A)(i), substituted "Administrator of the Transportation Security Administration (referred to in this

section as 'the Administrator')" for "Under Secretary of Transportation for Security".
Subsec. (a)(2) to (4). Pub. L. 115–254, §1991(d)(11)(A)(ii), (iii), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out
former par. (2) which read as follows: "Before completion of the tests described in paragraph (1) of this subsection, but not later than April 16,
1992, the Under Secretary may require deployment of explosive detection equipment described in paragraph (1) if the Under Secretary
decides that deployment will enhance aviation security significantly. In making that decision, the Under Secretary shall consider factors such
as the ability of the equipment alone, or as part of an integrated system, to detect under realistic air carrier operating conditions the amounts,
configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Under
Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of a deployment decision made under this paragraph."
Subsec. (b). Pub. L. 115–254, §1991(d)(11)(B), substituted "Administrator" for "Secretary of Transportation".
2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(9), substituted "of Transportation for Security" for "of the Federal Aviation Administration".
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Pub. L. 107–71, §101(f)(2), substituted "of the Transportation Security Administration" for "of the Administration" in second sentence.
Subsec. (a)(2) to (4). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Subsec. (a)(3), (4). Pub. L. 104–264 added par. (3) and redesignated former par. (3) as (4).
Statutory Notes and Related Subsidiaries

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

Improved Explosive Detection Systems
Pub. L. 108–458, title IV, §4024, Dec. 17, 2004, 118 Stat. 3724, provided that:

"(a) Plan and Guidelines.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop a plan and
guidelines for implementing improved explosive detection system equipment.
"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $100,000,000, in addition to any amounts otherwise authorized by law, for the purpose of research and
development of improved explosive detection systems for aviation security under section 44913 of title 49, United States Code."

Weapons and Explosive Detection Study
Pub. L. 104–264, title III, §303, Oct. 9, 1996, 110 Stat. 3250, provided that:
"(a) In General.—The Administrator of the Federal Aviation Administration shall enter into an arrangement with the Director of the National

Academy of Sciences (or if the National Academy of Sciences is not available, the head of another equivalent entity) to conduct a study in
accordance to this section.
"(b) Panel of Experts.—
"(1) In general.—In carrying out a study under this section, the Director of the National Academy of Sciences (or the head of another
equivalent entity) shall establish a panel (hereinafter in this section referred to as the 'panel').
"(2) Expertise.—Each member of the panel shall have expertise in weapons and explosive detection technology, security, air carrier and
airport operations, or another appropriate area. The Director of the National Academy of Sciences (or the head of another equivalent entity)
shall ensure that the panel has an appropriate number of representatives of the areas specified in the preceding sentence.
"(c) Study.—The panel, in consultation with the National Science and Technology Council, representatives of appropriate Federal agencies,
and appropriate members of the private sector, shall—
"(1) assess the weapons and explosive detection technologies that are available at the time of the study that are capable of being
effectively deployed in commercial aviation;
"(2) determine how the technologies referred to in paragraph (1) may more effectively be used for promotion and improvement of
security at airport and aviation facilities and other secured areas;
"(3) assess the cost and advisability of requiring hardened cargo containers as a way to enhance aviation security and reduce the
required sensitivity of bomb detection equipment; and
"(4) on the basis of the assessments and determinations made under paragraphs (1), (2), and (3), identify the most promising
technologies for the improvement of the efficiency and cost-effectiveness of weapons and explosive detection.
"(d) Cooperation.—The National Science and Technology Council shall take such actions as may be necessary to facilitate, to the maximum
extent practicable and upon request of the Director of the National Academy of Sciences (or the head of another equivalent entity), the
cooperation of representatives of appropriate Federal agencies, as provided for in subsection (c), in providing the panel, for the study under
this section—
"(1) expertise; and
"(2) to the extent allowable by law, resources and facilities.
"(e) Reports.—The Director of the National Academy of Sciences (or the head of another equivalent entity) shall, pursuant to an
arrangement entered into under subsection (a), submit to the Administrator such reports as the Administrator considers to be appropriate.
Upon receipt of a report under this subsection, the Administrator shall submit a copy of the report to the appropriate committees of Congress.
"(f) Authorization of Appropriations.—There are authorized to be appropriated for each of fiscal years 1997 through 2001 such sums as
may be necessary to carry out this section."

§44914. Airport construction guidelines
In consultation with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security
Administration considers appropriate, the Administrator shall develop guidelines for airport design and construction to allow for maximum security enhancement.
In developing the guidelines, the Administrator shall consider the results of the assessment carried out under section 44904(a) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I,
§1991(d)(12), Oct. 5, 2018, 132 Stat. 3635.)
Historical and Revision Notes
Revised
Section
44914

49 App.:1357 (note).

49 App.:1432(d).

Source (U.S. Code)

Source (Statutes at Large)
Nov. 16, 1990, Pub. L. 101–604, §106(f), 104
Stat. 3075.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§612(d); added Nov. 16, 1990, Pub. L.
101–604, §110(a), 104 Stat. 3080.

The words "In developing the guidelines" are substituted for "In developing airport construction guidelines under subsection (d) of section
612 of the Federal Aviation Act of 1958, as added by section 110 of this Act" in section 106(f) of the Aviation Security Improvement Act of 1990
(Public Law 101–604, 104 Stat. 3075) to eliminate unnecessary words.
Editorial Notes

Amendments
2018—Pub. L. 115–254 substituted "with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the
Transportation Security Administration" for "with air carriers, airport authorities, and others the Under Secretary of Transportation for Security"
and, in two places, "Administrator" for "Under Secretary".
2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the
Federal Aviation Administration".

§44915. Exemptions
The Administrator of the Transportation Security Administration may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this title
airports in Alaska served only by air carriers that—
(1) hold certificates issued under section 41102 of this title;
(2) operate aircraft with certificates for a maximum gross takeoff weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section 44901 of this title at another airport in
Alaska before the passengers board, or the property is loaded on, an aircraft for a place outside Alaska.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I,
§1991(d)(13), Oct. 5, 2018, 132 Stat. 3635.)
Historical and Revision Notes
Revised
Section
44915

Source (U.S. Code)
49 App.:1358.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§317; added July 12, 1976, Pub. L. 94–
353, §17(a), 90 Stat. 882.

In clause (1), the word "issued" is substituted for "granted" for consistency in this part. The words "by the Civil Aeronautics Board" are
omitted as surplus.

Clause (3) is substituted for 49 App.:1358 (words after 3d comma) for consistency in the revised title.
Editorial Notes

Amendments
2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for
Security" in introductory provisions.
2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration" in
introductory provisions.

§44916. Assessments and evaluations
(a) Periodic Assessments.—The Administrator of the Transportation Security Administration shall require each air carrier and airport (including the airport
owner or operator in cooperation with the air carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to
conduct periodic vulnerability assessments of the security systems of that air carrier or airport, respectively. The Transportation Security Administration shall
perform periodic audits of such assessments.
(b) Investigations.—The Administrator of the Transportation Security Administration shall conduct periodic and unannounced inspections of security systems
of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Administrator may provide for
anonymous tests of those security systems.
(Added Pub. L. 104–264, title III, §312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, §101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603; Pub. L.
115–254, div. K, title I, §1991(d)(14), Oct. 5, 2018, 132 Stat. 3635.)
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(14)(A), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security".
Subsec. (b). Pub. L. 115–254, §1991(d)(14)(B), substituted "Administrator of the Transportation Security Administration shall" for "Under
Secretary shall" and "Administrator may" for "Under Secretary may".
2001—Subsec. (a). Pub. L. 107–71, §101(f)(3), substituted "Under Secretary of Transportation for Security" for "Administrator" in first sentence
and "Transportation Security Administration" for "Administration" in second sentence.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Statutory Notes and Related Subsidiaries

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

§44917. Deployment of Federal air marshals

(a) In General.—The Administrator of the Transportation Security Administration under the authority provided by section 44903(d)—
(1) may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation;
(2) shall provide for deployment of Federal air marshals on every such flight determined by the Administrator to present high security risks;
(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;
(4) shall require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the
availability of seats on the flight and at no cost to the United States Government or the marshal;
(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal's
home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;
(6) may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies,
when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals;
(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an
aircraft;
(8) may appoint—
(A) an individual who is a retired law enforcement officer;
(B) an individual who is a retired member of the Armed Forces; and
(C) an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001,
as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals;
(9) shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight
coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover;
(10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions;
(11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and
(12) shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of
responding to current threats to aviation security.
(b) Interim Measures.—Until the Under Secretary 1 completes implementation of subsection (a), the Under Secretary 1 may use, after consultation with and
concurrence of the heads of other Federal agencies and departments, personnel from those agencies and departments, on a nonreimbursable basis, to provide
air marshal service.
(c) Training for Foreign Law Enforcement Personnel.—
(1) In general.—The Administrator of the Transportation Security Administration, after consultation with the Secretary of State, may direct the Federal Air
Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries.
(2) Watchlist screening.—The Federal Air Marshal Service may only provide appropriate air marshal training to law enforcement personnel of foreign
countries after comparing the identifying information and records of law enforcement personnel of foreign countries against all appropriate records in the
consolidated and integrated terrorist watchlists maintained by the Federal Government.
(3) Fees.—The Administrator of the Transportation Security Administration shall establish reasonable fees and charges to pay expenses incurred in carrying
out this subsection. Funds collected under this subsection shall be credited to the account in the Treasury from which the expenses were incurred and shall be
available to the Administrator of the Transportation Security Administration for purposes for which amounts in such account are available.
(Added Pub. L. 107–71, title I, §105(a), Nov. 19, 2001, 115 Stat. 606; amended Pub. L. 108–458, title IV, §4018, Dec. 17, 2004, 118 Stat. 3721; Pub. L. 115–254,
div. K, title I, §§1959(c)(5), (d)(1), 1991(d)(15), Oct. 5, 2018, 132 Stat. 3599, 3635.)
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(15)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security" in introductory provisions.
Subsec. (a)(2). Pub. L. 115–254, §1991(d)(15)(A)(ii), substituted "by the Administrator" for "by the Secretary".

Subsec. (a)(9) to (12). Pub. L. 115–254, §1959(d)(1), added pars. (9) to (12).
Subsec. (b). Pub. L. 115–254, §1959(c)(5), redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of
subsec. (b) read as follows: "In making the determination under subsection (a)(2), nonstop, long distance flights, such as those targeted on
September 11, 2001, should be a priority."
Subsec. (c). Pub. L. 115–254, §1959(c)(5)(B), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(15)(B)(i), which directed amendment of subsec. (d)(1) by substituting "Administrator of the
Transportation Security Administration" for "Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland
Security", was executed to subsec. (c)(1) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by
Pub. L. 115–254, §1959(c)(5)(B). See above.
Subsec. (c)(3). Pub. L. 115–254, §1991(d)(15)(B)(ii), which directed amendment of subsec. (d)(3) by substituting "Administrator of the
Transportation Security Administration" for "Assistant Secretary" in two places, was executed to subsec. (c)(3) to reflect the probable intent of
Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, §1959(c)(5)(B). See above.
Subsec. (d). Pub. L. 115–254, §1959(c)(5)(B), redesignated subsec. (d) as (c).
2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).
Statutory Notes and Related Subsidiaries

Federal Air Marshal Service Updates
Pub. L. 115–254, div. K, title I, §1959(a)–(c)(4), Oct. 5, 2018, 132 Stat. 3598, 3599, provided that:
"(a) Standardization.—
"(1) In general.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration] shall develop a standard written agreement that shall be the basis of all negotiations and agreements that begin
after the date of enactment of this Act between the United States and foreign governments or partners regarding the presence of Federal air
marshals on flights to and from the United States, including deployment, technical assistance, and information sharing.
"(2) Written agreements.—Except as provided in paragraph (3), not later than 180 days after the date of enactment of this Act, all
agreements between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to
and from the United States shall be in writing and signed by the Administrator or other authorized United States Government representative.
"(3) Exception.—The Administrator may schedule Federal air marshal service on flights operating to a foreign country with which no
written agreement is in effect if the Administrator determines that—
"(A) such mission is necessary for aviation security; and
"(B) the requirements of paragraph (4)(B) are met.
"(4) Notification to congress.—
"(A) Written agreements.—Not later than 30 days after the date that the Administrator enters into a written agreement under this
section, the Administrator shall transmit to the appropriate committees of Congress [Committees on Commerce, Science, and
Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of
Representatives] a copy of the agreement.
"(B) No written agreements.—The Administrator shall submit to the appropriate committees of Congress—
"(i) not later than 30 days after the date of enactment of this Act, a list of each foreign government or partner that does not
have a written agreement under this section, including an explanation for why no written agreement exists and a justification for the
determination that such a mission is necessary for aviation security; and
"(ii) not later than 30 days after the date that the Administrator makes a determination to schedule Federal air marshal service
on flights operating to a foreign country with which no written agreement is in effect under paragraph (3), the name of the applicable
foreign government or partner, an explanation for why no written agreement exists, and a justification for the determination that such
mission is necessary for aviation security.

"(b) Mission Scheduling Automation.—The Administrator shall endeavor to acquire automated capabilities or technologies for scheduling
Federal air marshal service missions based on current risk modeling.
"(c) Improving Federal Air Marshal Service Deployments.—
"(1) After-action reports.—The Administrator shall strengthen internal controls to ensure that all after-action reports on Federal air
marshal service special mission coverage provided to stakeholders include documentation of supervisory review and approval, and
mandatory narratives.
"(2) Study.—The Administrator shall contract with an independent entity to conduct a validation and verification study of the risk
analysis and risk-based determinations guiding Federal air marshal service deployment, including the use of risk-based strategies under
subsection (d) [amending this section (see subsec. (a)(9) to (12) of this section) and enacting provisions set out as a note below].
"(3) Cost-benefit analysis.—The Administrator shall conduct a cost-benefit analysis regarding mitigation of aviation security threats
through Federal air marshal service deployment.
"(4) Performance measures.—The Administrator shall improve existing performance measures to better determine the effectiveness of
in-flight operations in addressing the highest risks to aviation transportation based on current intelligence."

Implementation Deadline
Pub. L. 115–254, div. K, title I, §1959(d)(3), Oct. 5, 2018, 132 Stat. 3600, provided that: "Not later than 180 days after the date of enactment of
this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall begin implementing the requirements under
paragraphs (9) through (12) of section 44917(a), United States Code, as added by this Act."

Federal Air Marshals
Pub. L. 108–458, title IV, §4016, Dec. 17, 2004, 118 Stat. 3720, as amended by Pub. L. 115–254, div. K, title I, §1993, Oct. 5, 2018, 132 Stat. 3646,
provided that:
"(a) Federal Air Marshal Anonymity.—The Director of the Federal Air Marshal Service of the Department of Homeland Security shall
continue operational initiatives to protect the anonymity of Federal air marshals.
"(b) Authorization of Additional Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for the use
of the Bureau of Immigration and Customs Enforcement, in addition to any amounts otherwise authorized by law, for the deployment of
Federal air marshals under section 44917 of title 49, United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005.
Such sums shall remain available until expended.
"(c) Federal Law Enforcement Counterterrorism Training.—
"(1) Availability of information.—The Administrator of the Transportation Security Administration and the Director of Federal Air
Marshal Service of the Department of Homeland Security, shall make available, as practicable, appropriate information on in-flight
counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a
firearm.
"(2) Identification of fraudulent documents.—The Administrator of the Transportation Security Administration and the Director of
Federal Air Marshal Service of the Department of Homeland Security shall ensure that Transportation Security Administration screeners and
Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired visas and passports.
Such training shall also be made available to other Federal law enforcement agencies and local law enforcement agencies located in a
State that borders Canada or Mexico."
1 So in original. Probably should be "Administrator".

§44918. Crew training
(a) Basic Security Training.—

(1) In general.—Each air carrier providing scheduled passenger air transportation shall carry out a training program for flight and cabin crew members to
prepare the crew members for potential threat conditions.
(2) Program elements.—An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following:
(A) Recognizing suspicious activities and determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation
Administration or the Administrator of the Transportation Security Administration).
(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.
(G) Situational training exercises regarding various threat conditions.
(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search, including explosive device recognition.
(J) Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration.
(3) Approval.—An air carrier training program under this subsection shall be subject to approval by the Administrator of the Transportation Security
Administration.
(4) Minimum standards.—The Administrator of the Transportation Security Administration may establish minimum standards for the training provided under
this subsection and for recurrent training.
(5) Existing programs.—Notwithstanding paragraphs (3) and (4), any training program of an air carrier to prepare flight and cabin crew members for
potential threat conditions that was approved by the Administrator or the Administrator of the Transportation Security Administration before December 12,
2003, may continue in effect until disapproved or ordered modified by the Administrator of the Transportation Security Administration.
(6) Monitoring.—The Administrator of the Transportation Security Administration, in consultation with the Administrator, shall monitor air carrier training
programs under this subsection and periodically shall review an air carrier's training program to ensure that the program is adequately preparing crew
members for potential threat conditions. In determining when an air carrier's training program should be reviewed under this paragraph, the Administrator of
the Transportation Security Administration shall consider complaints from crew members. The Administrator of the Transportation Security Administration shall
ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge.
(7) Updates.—The Administrator of the Transportation Security Administration, in consultation with the Administrator, shall order air carriers to modify
training programs under this subsection to reflect new or different security threats.
(b) Advanced Self-Defense Training.—
(1) In general.—The Administrator of the Transportation Security Administration shall develop and provide a voluntary training program for flight and cabin
crew members of air carriers providing scheduled passenger air transportation.
(2) Program elements.—The training program under this subsection shall include both classroom and effective hands-on training in the following elements
of self-defense:
(A) Deterring a passenger who might present a threat.
(B) Advanced control, striking, and restraint techniques.
(C) Training to defend oneself against edged or contact weapons.
(D) Methods to subdue and restrain an attacker.
(E) Use of available items aboard the aircraft for self-defense.
(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.
(G) Any other element of training that the Administrator of the Transportation Security Administration considers appropriate.
(3) Participation not required.—A crew member shall not be required to participate in the training program under this subsection.
(4) Compensation.—Neither the Federal Government nor an air carrier shall be required to compensate a crew member for participating in the training
program under this subsection.
(5) Fees.—A crew member shall not be required to pay a fee for the training program under this subsection.

(6) Consultation.—In developing the training program under this subsection, the Administrator of the Transportation Security Administration shall consult
with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director
of self-defense training in the Federal Air Marshal Service, flight attendants, labor organizations representing flight attendants, and educational institutions
offering law enforcement training programs.
(7) Designation of tsa official.—The Administrator of the Transportation Security Administration shall designate an official in the Transportation Security
Administration to be responsible for implementing the training program under this subsection. The official shall consult with air carriers and labor organizations
representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft during a flight.
(c) Limitation.—Actions by crew members under this section shall be subject to the provisions of section 44903(k).
(Added Pub. L. 107–71, title I, §107(a), Nov. 19, 2001, 115 Stat. 610; amended Pub. L. 107–296, title XIV, §1403(a), Nov. 25, 2002, 116 Stat. 2305; Pub. L. 108–
176, title VI, §603, Dec. 12, 2003, 117 Stat. 2563; Pub. L. 115–254, div. K, title I, §1991(d)(16), Oct. 5, 2018, 132 Stat. 3635.)
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(16)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a)(2)(E). Pub. L. 115–254, §1991(d)(16)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary for Border and Transportation Security of the Department of Homeland Security".
Subsec. (a)(4). Pub. L. 115–254, §1991(d)(16)(A)(ii), substituted "The" for "Not later than one year after the date of enactment of the Vision
100—Century of Aviation Reauthorization Act, the".
Subsec. (a)(5). Pub. L. 115–254, §1991(d)(16)(A)(iii), substituted "December 12, 2003," for "the date of enactment of the Vision 100—Century
of Aviation Reauthorization Act".
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(16)(B)(i), substituted "The" for "Not later than one year after the date of enactment of the Vision
100—Century of Aviation Reauthorization Act, the".
Subsec. (b)(6). Pub. L. 115–254, §1991(d)(16)(B)(ii), substituted "Federal Air Marshal Service" for "Federal Air Marshals Service".
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of
subsecs. (a) to (e) relating to development of detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to
prepare crew members for potential threat conditions.
2002—Subsec. (e). Pub. L. 107–296 designated existing provisions as par. (1), inserted heading, substituted "The Under Secretary" for "The
Administrator", added pars. (2) and (3), and realigned margins.
Statutory Notes and Related Subsidiaries

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

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

Crew Member Self-Defense Training

Pub. L. 115–254, div. K, title I, §1960, Oct. 5, 2018, 132 Stat. 3600, provided that: "The Administrator [of the Transportation Security
Administration], in consultation with the Administrator of the Federal Aviation Administration, shall continue to carry out and encourage
increased participation by air carrier employees in the voluntary self-defense training program under section 44918(b) of title 49, United States
Code."

§44919. PreCheck Program
(a) In General.—The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with
section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note).
(b) Expansion.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using
other transaction authority under section 114(m) of this title, with at least 2 private sector entities to increase the methods and capabilities available for the public
to enroll in the PreCheck Program.
(c) Minimum Capability Requirements.—At least 1 agreement under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if—
(A) such means—
(i) are evaluated and certified by the Secretary of Homeland Security;
(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 (6 U.S.C. 444); and
(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted
through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to
disqualifying criminal history; and
(B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy,
relevancy, and proper utilization of information employed in such risk assessments.
(d) Additional Capability Requirements.—At least 1 agreement under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means of biometrics if the collection—
(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology;
(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent
with section 552a of title 5, United States Code (commonly known as "Privacy Act of 1974"), and with agency regulations;
(C) is evaluated and certified by the Secretary of Homeland Security; and
(D) is determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted
through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to
disqualifying criminal history.
(e) Target Enrollment.—Subject to subsections (b), (c), and (d), the Administrator shall take actions to expand the total number of individuals enrolled in
the PreCheck Program as follows:
(1) 7,000,000 passengers before October 1, 2019.
(2) 10,000,000 passengers before October 1, 2020.
(3) 15,000,000 passengers before October 1, 2021.
(f) Marketing of PreCheck Program.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall—
(1) enter into at least 2 agreements, using other transaction authority under section 114(m) of this title, to market the PreCheck Program; and
(2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program.
(g) Identity Verification Enhancement.—The Administrator shall—

(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and
citizenship of individuals enrolling in the PreCheck Program;
(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of
Standards and Technology, to facilitate enrollment in the program; and
(3) consider leveraging the existing resources and abilities of airports to collect fingerprints for use in background checks to expedite identity verification.
(h) PreCheck Program Lanes Operation.—The Administrator shall—
(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals
enrolled in the PreCheck Program; and
(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are
closed to individuals enrolled in the program in order to maintain operational efficiency.
(i) Eligibility of Members of the Armed Forces for Expedited Security Screening.—
(1) In general.—Subject to paragraph (3), an individual specified in paragraph (2) is eligible for expedited security screening under the PreCheck Program.
(2) Individuals specified.—An individual specified in this subsection is any of the following:
(A) A member of the Armed Forces, including a member of a reserve component or the National Guard.
(B) A cadet or midshipman of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United
States Coast Guard Academy.
(C) A family member of an individual specified in subparagraph (A) or (B) who is younger than 12 years old and accompanying the individual.
(3) Implementation.—The eligibility of an individual specified in paragraph (2) for expedited security screening under the PreCheck Program is subject to
such policies and procedures as the Administrator may prescribe to carry out this subsection, in consultation with the Secretary of Defense and, with respect
to the United States Coast Guard, the Commandant of the United States Coast Guard.
(j) Vetting for PreCheck Program Participants.—The Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting
process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history
records checks, in addition to recurrent checks against the terrorist watchlist, could be done in a cost-effective manner to strengthen the security of the PreCheck
Program.
(k) Assurance of Separate Program.—In carrying out this section, the Administrator shall ensure that the additional private sector application capabilities
under subsections (b), (c), and (d) are undertaken in addition to any other related TSA program, initiative, or procurement, including the Universal Enrollment
Services program.
(l) Expenditure of Funds.—Any Federal funds expended by the Administrator to expand PreCheck Program enrollment shall be expended in a manner that
includes the requirements of this section.
(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 611; amended Pub. L. 115–254, div. K, title I, §1937(a), Oct. 5, 2018, 132 Stat. 3576.)
Editorial Notes

References in Text
Section 109 of the Aviation and Transportation Security Act, referred to in subsec. (a), is section 109 of Pub. L. 107–71, which is set out as a
note under section 114 of this title.
The date of enactment of the TSA Modernization Act, referred to in subsecs. (b) and (f), is the date of enactment of title I of div. K of Pub. L.
115–254, which was approved Oct. 5, 2018.

Amendments
2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to establishment of pilot program under which the
screening of passengers and property was to be conducted by a qualified private screening company.

Statutory Notes and Related Subsidiaries

Enrollment Redress With Respect to Department of Homeland Security Trusted Traveler Programs
Pub. L. 117–81, div. F, title LXIV, §6417, Dec. 27, 2021, 135 Stat. 2415, provided that: "Notwithstanding any other provision of law, the
Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend
by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program
by such an individual."

PreCheck Expedited Screening
Pub. L. 115–254, div. K, title I, §1938, Oct. 5, 2018, 132 Stat. 3579, provided that:
"(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation

Security Administration] shall ensure that only a traveler who is a member of a trusted traveler program specified in subsection (b) is permitted
to use a TSA PreCheck security screening lane at a passenger screening checkpoint.
"(b) Trusted Traveler Programs Specified.—A trusted traveler program specified in this subsection is any of the following:
"(1) The PreCheck Program under section 44919 of title 49, United States Code.
"(2) Any other program implemented by the TSA under section 109(a)(3) of the Aviation and Transportation Security Act [Pub. L. 107–71]
(49 U.S.C. 114 note).
"(3) Any other United States Government program that issues a unique identifier, such as a known traveler number, that the TSA
accepts as validating that the individual holding such identifier is a member of a known low-risk population.
"(c) Exemptions.—Nothing in this section shall affect—
"(1) the authority of the Administrator, under section 44927 of title 49, United States Code, to carry out expedited screening for members of
the Armed Forces with disabilities or severe injuries or veterans with disabilities or severe injuries; or
"(2) the Honor Flight program under section 44928 of that title.
"(d) Low-risk Travelers.—Any traveler who is determined by the Administrator to be low risk based on the traveler's age and who is not a
member of a trusted traveler program specified in subsection (b) shall be permitted to utilize TSA PreCheck security screening lanes at
Transportation Security Administration checkpoints when traveling on the same reservation as a member of such a program.
"(e) Risk Modified Screening.—
"(1) Pilot program.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018] and subject to paragraph (2), the
Administrator shall commence a pilot program regarding a risk modified screening protocol for lanes other than designated TSA PreCheck
security screening lanes at passenger screening checkpoints, in airports of varying categories, to further segment passengers based on
risk.
"(2) Eligibility.—Only a low-risk passenger shall be eligible to participate in the risk modified screening pilot program under paragraph
(1).
"(3) Definition of low-risk passenger.—In this subsection, the term 'low-risk passenger' means a passenger who—
"(A) meets a risk-based, intelligence-driven criteria prescribed by the Administrator; or
"(B) undergoes a canine enhanced screening upon arrival at the passenger screening checkpoint.
"(4) Termination.—The pilot program shall terminate on the date that is 120 days after the date it commences under paragraph (1).
"(5) Briefing.—Not later than 30 days after the termination date under paragraph (4), the Administrator shall brief the appropriate
committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the
Senate and Committee on Homeland Security of the House of Representatives] on the findings of the pilot program, including—
"(A) information relating to the security effectiveness and passenger facilitation effectiveness of the risk modified screening
protocol;
"(B) a determination regarding whether the risk modified screening protocol was effective; and

"(C) if the Administrator determined that the protocol was effective, a plan for the deployment of the protocol at as many TSA
passenger screening checkpoints as practicable.
"(6) Implementation.—In determining whether deployment of the protocol at a TSA passenger screening checkpoint at an airport is
practicable, the Administrator shall consider—
"(A) the level of risk at the airport;
"(B) the available space at the airport;
"(C) passenger throughput levels at the airport;
"(D) the checkpoint configuration at the airport; and
"(E) adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at the passenger screening
checkpoint.
"(f) Working Group.—
"(1) In general.—In carrying out subsection (e), the Administrator shall establish a working group to advise the Administrator on the
development of plans for the deployment of the protocol at TSA passenger screening checkpoints, other than designated TSA PreCheck
security screening lanes, in the most effective and efficient manner practicable.
"(2) Members.—The working group shall be comprised of representatives of Category X, I, II, III, and IV airports and air carriers (as the
term is defined in section 40102 of title 49, United States Code).
"(3) Nonapplicability of faca.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established
under this subsection.
"(g) Briefings.—
"(1) In general.—The Administrator shall brief, on a biannual basis, the appropriate committees of Congress on the implementation of
subsections [sic] (a) until the Administrator certifies that only travelers who are members of trusted traveler programs specified in subsection
(b) are permitted to use TSA PreCheck security screening lanes at passenger screening checkpoints.
"(2) Certification.—Upon a determination by the Administrator that only travelers who are members of a trusted traveler program
specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at checkpoints in accordance with subsection (a),
the Administrator shall submit to the appropriate committees of Congress a written certification relating to such determination.
"(h) Inspector General Assessments.—The Inspector General of the Department [of Homeland Security] shall assess and transmit to the
appropriate committees of Congress the Administrator's implementation under subsection (a).
"(i) Expansion of TSA PreCheck Program Enrollment.—
"(1) Long-term strategy.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall develop
and begin the implementation [of] a long-term strategy to increase enrollment in the TSA PreCheck Program.
"(2) Considerations.—In developing the strategy under paragraph (1), the Administrator shall consider the following:
"(A) Partnering with air carriers (as the term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck
Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regulations;[.]
"(B) Including in the PreCheck Program of [sic] an individual who—
"(i) holds a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance, unless the individual has had
the individual's clearance revoked or did not pass a periodic reinvestigation; or
"(ii) is a current, full-time Federal law enforcement officer.
"(C) Providing PreCheck Program enrollment flexibility by offering secure mobile enrollment platforms that facilitate in-person
identity verification and application data collection, such as through biometrics.
"(D) Reducing travel time to PreCheck Program enrollment centers for applicants, including—
"(i) by adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand;
"(ii) by seeking to colocate such enrollment centers with existing facilities that support the issuance of—
     "(I) United States passports; and
     "(II) Security Identification Display Area credentials (as the term is defined in section 1540.5 of title 49, Code of Federal Regulations)
located in public, non-secure areas of airports if no systems of an airport operator are used in support of enrollment activities for such
credentials; and

"(iii) by increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations.
"(E) The feasibility of providing financial assistance or other incentives for PreCheck Program enrollment for—
"(i) children who are at least 12 years or older, but less than 18 years old;
"(ii) families consisting of 5 or more immediate family members;
"(iii) private sector entities, including small businesses, to establish PreCheck Program enrollment centers in their respective
facilities; and
"(iv) private sector entities, including small business concerns (as the term is described in section 3 of the Small Business Act
(15 U.S.C. 632)), to reimburse an employee for the cost of the PreCheck Program application."

§44920. Screening partnership program
(a) In General.—An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of
passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the
Transportation Security Administration.
(b) Approval of Applications.—
(1) In general.—Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator
shall approve or deny the application.
(2) Standards.—The Administrator shall approve an application submitted by an airport operator under subsection (a) if the Administrator determines that
the approval would not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the screening of passengers or property at the
airport.
(3) Reports on denials of applications.—
(A) In general.—If the Administrator denies an application submitted by an airport operator under subsection (a), the Administrator shall provide to the
airport operator, not later than 60 days following the date of the denial, a written report that sets forth—
(i) the findings that served as the basis for the denial;
(ii) the results of any cost or security analysis conducted in considering the application; and
(iii) recommendations on how the airport operator can address the reasons for the denial.
(B) Submission to congress.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A).
(c) Qualified Private Screening Company.—A private screening company is qualified to provide screening services at an airport under this section if the
company will only employ individuals to provide such services who meet all the requirements of this chapter applicable to Federal Government personnel who
perform screening services at airports under this chapter and will provide compensation and other benefits to such individuals that are not less than the level of
compensation and other benefits provided to such Federal Government personnel in accordance with this chapter.
(d) Selection of Contracts and Standards for Private Screening Companies.—
(1) In general.—The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies.
(2) Contracts.—The Administrator shall, to the extent practicable, enter into a contract with a private screening company from the list provided under
paragraph (1) for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator
under subsection (a) if—
(A) the level of screening services and protection provided at the airport under the contract will be equal to or greater than the level that would be provided
at the airport by Federal Government personnel under this chapter;
(B) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Administrator determines that there are
private screening companies owned and controlled by such citizens; and
(C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide
screening services at the airport.

(3) Waivers.—The Administrator may waive the requirement of paragraph (2)(B) for any company that is a United States subsidiary with a parent company
that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of
Defense prior to the submission of the application. The Administrator has complete discretion to reject any application from a private screening company to
provide screening services at an airport that requires a waiver under this paragraph.
(e) Supervision of Screening Personnel.—The Administrator shall—
(1) provide Federal Government supervisors to oversee all screening at each airport at which screening services are provided under this section and
provide Federal Government law enforcement officers at the airport pursuant to this chapter; and
(2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.
(f) Termination or Suspension of Contracts.—The Administrator may suspend or terminate, as appropriate, any contract entered into with a private
screening company to provide screening services at an airport under this section if the Administrator finds that the company has failed repeatedly to comply with
any standard, regulation, directive, order, law, or contract applicable to the hiring or training of personnel to provide such services or to the provision of screening
at the airport.
(g) Operator of Airport.—Notwithstanding any other provision of law, an operator of an airport shall not be liable for any claims for damages filed in State
or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to—
(1) such airport operator's decision to submit an application to the Secretary of Homeland Security under subsection (a) or such airport operator's decision
not to submit an application; and
(2) any act of negligence, gross negligence, or intentional wrongdoing by—
(A) a qualified private screening company or any of its employees in any case in which the qualified private screening company is acting under a contract
entered into with the Secretary of Homeland Security or the Secretary's designee; or
(B) employees of the Federal Government providing passenger and property security screening services at the airport.
(3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to its security responsibilities, nor except as
may be provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve any qualified private screening company or its
employees from any liability related to its own acts of negligence, gross negligence, or intentional wrongdoing.
(h) Evaluation of Screening Company Proposals for Award.—
(1) In general.—Except as provided in paragraph (2), notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and
the Federal Advisory Committee Act (5 U.S.C. App.), an airport operator that has applied and been approved to have security screening services carried out
by a qualified private screening company under contract with the Administrator may nominate to the head of the contracting activity an individual to participate
in the evaluation of proposals for the award of such contract.
(2) Participation on a proposal evaluation committee.—Any participation on a proposal evaluation committee under paragraph (1) shall be conducted
in accordance with chapter 21 of title 41.
(i) 1 Innovative Screening Approaches and Technologies.—The Administrator shall encourage an airport operator to whom screening services are
provided under this section to recommend to the Administrator innovative screening approaches and technologies. Upon receipt of any such recommendations,
the Administrator shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies.
(i) 1 Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.
(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 612; amended Pub. L. 109–90, title V, §547, Oct. 18, 2005, 119 Stat. 2089; Pub. L. 112–95, title
VIII, §830(a)–(c), Feb. 14, 2012, 126 Stat. 135; Pub. L. 115–254, div. K, title I, §§1946(a), 1991(d)(17), Oct. 5, 2018, 132 Stat. 3585, 3636.)
Editorial Notes

References in Text

The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, referred to in subsec. (g)(3), is subtitle G (§§861–865) of title
VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2238, also known as the SAFETY Act, which is classified generally to part G (§441 et seq.) of
subchapter VIII of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under
section 101 of Title 6 and Tables.
The Federal Advisory Committee Act, referred to in subsec. (h)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the
Appendix to Title 5, Government Organization and Employees.

Amendments
2018—Pub. L. 115–254, §1946(a)(1), substituted "Screening partnership program" for "Security screening opt-out program" in section
catchline.
Subsec. (a). Pub. L. 115–254, §1946(a)(2), amended subsec. (a) generally. Prior to amendment, text read as follows: "On or after the last day
of the 2-year period beginning on the date on which the Under Secretary transmits to Congress the certification required by section 110(c) of
the Aviation and Transportation Security Act, an operator of an airport may submit to the Under Secretary an application to have the screening
of passengers and property at the airport under section 44901 to be carried out by the screening personnel of a qualified private screening
company under a contract entered into with the Under Secretary."
Subsec. (b)(1). Pub. L. 115–254, §1946(a)(3)(A), amended par. (1) generally. Prior to amendment, text read as follows: "Not later than 120
days after the date of receipt of an application submitted by an airport operator under subsection (a), the Under Secretary shall approve or
deny the application."
Subsec. (b)(2), (3). Pub. L. 115–254, §1946(a)(3)(B), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (d). Pub. L. 115–254, §1946(a)(4)(A), substituted "Selection of Contracts and Standards" for "Standards" in heading.
Subsec. (d)(1). Pub. L. 115–254, §1946(a)(4)(C)(i), substituted "The Administrator shall, upon approval of the application, provide the airport
operator with a list of qualified private screening companies." for "The Under Secretary may enter into a contract with a private screening
company to provide screening at an airport under this section only if the Under Secretary determines and certifies to Congress that—". Former
subpars. (A) and (B) of par. (1) redesignated subpars. (A) and (B), respectively, of par. (2).
Subsec. (d)(2). Pub. L. 115–254, §1946(a)(4)(C)(ii), inserted par. (2) designation, heading, and introductory provisions before former subpars.
(A) and (B) of par. (1), thereby making them part of par. (2). Former par. (2) redesignated (3).
Subsec. (d)(2)(B). Pub. L. 115–254, §1946(a)(4)(D)(ii)(I), substituted "Administrator" for "Under Secretary".
Subsec. (d)(2)(C). Pub. L. 115–254, §1946(a)(4)(D)(i), (ii)(II), (iii), added subpar. (C).
Subsec. (d)(3). Pub. L. 115–254, §1946(a)(4)(E), substituted "Administrator" for "Under Secretary" in two places and "paragraph (2)(B)" for
"paragraph (1)(B)".
Pub. L. 115–254, §1946(a)(4)(B), redesignated par. (2) as (3).
Subsec. (e). Pub. L. 115–254, §1946(a)(5)(B)–(E), substituted "The Administrator shall—" for "The Under Secretary shall", inserted par. (1)
designation before "provide Federal Government", realigned margins, and added par. (2).
Pub. L. 115–254, §1946(a)(5)(A), substituted "Screening" for "Screened" in heading.
Subsec. (f). Pub. L. 115–254, §1946(a)(6), inserted "or Suspension" after "Termination" in heading, and, in text, substituted "Administrator" for
"Under Secretary" in two places and "suspend or terminate, as appropriate," for "terminate".
Subsec. (g)(1). Pub. L. 115–254, §1991(d)(17)(A), substituted "subsection (a)" for "subsection (a) or section 44919".
Subsec. (h). Pub. L. 115–254, §1946(a)(7), added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: "As
part of any submission of an application for a private screening company to provide screening services at an airport, the airport operator shall
provide to the Under Secretary a recommendation as to which company would best serve the security screening and passenger needs of the
airport, along with a statement explaining the basis of the operator's recommendation."
Subsec. (i). Pub. L. 115–254, §1991(d)(17)(B), added subsec. (i) defining "Administrator".
Pub. L. 115–254, §1946(a)(7), added subsec. (i) relating to innovative screening approaches and technologies.
2012—Subsec. (b). Pub. L. 112–95, §830(a), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Under Secretary
may approve any application submitted under subsection (a)."

Subsec. (d). Pub. L. 112–95, §830(b), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (h). Pub. L. 112–95, §830(c), added subsec. (h).
2005—Subsec. (g). Pub. L. 109–90 added subsec. (g).
Statutory Notes and Related Subsidiaries

Applications Submitted Before the Date of Enactment of Pub. L. 115–254
Pub. L. 115–254, div. K, title I, §1946(c), Oct. 5, 2018, 132 Stat. 3587, provided that: "Not later than 30 days after the date of enactment of this
Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall approve or deny, in accordance with section 44920(b) of
title 49, United States Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator
under subsection (a) of that section, that is awaiting such a determination."
Executive Documents

Change of Name
Defense Security Service of the Department of Defense changed to Defense Counterintelligence and Security Agency effective June 20,
2019, pursuant to Ex. Ord. No. 13467, set out as a note under section 3161 of Title 50, War and National Defense.
1 So in original. Two subsecs. (i) have been enacted.

§44921. Federal flight deck officer program
(a) Establishment.—The Administrator shall establish a program to deputize volunteer pilots of air carriers providing air transportation or intrastate air
transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such
officers shall be known as "Federal flight deck officers".
(b) Procedural Requirements.—
(1) In general.—The Administrator shall establish procedural requirements to carry out the program under this section.
(2) Commencement of program.—The Administrator shall train and deputize pilots who are qualified to be Federal flight deck officers as Federal flight
deck officers under the program.
(3) Issues to be addressed.—The procedural requirements established under paragraph (1) shall address the following issues:
(A) The type of firearm to be used by a Federal flight deck officer.
(B) The type of ammunition to be used by a Federal flight deck officer.
(C) The standards and training needed to qualify and requalify as a Federal flight deck officer.
(D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency.
(E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the
program into the avionics, electrical systems, or other sensitive areas of the aircraft.
(F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if
both pilots are Federal flight deck officers.
(G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of
the aircraft or if the pilot leaves the cockpit for personal reasons.
(H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft.
(I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional
background check should be required beyond that required by section 44936(a)(1).

(J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on
whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from
the pilot's base airport.
(K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program.
(L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is
authorized to carry a firearm aboard the aircraft.
(M) Any other issues that the Administrator considers necessary.
(N) The Administrator's decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only
for abuse of discretion.
(4) Preference.—In selecting pilots to participate in the program, the Administrator shall give preference to pilots who are former military or law
enforcement personnel.
(5) Classified information.—Notwithstanding section 552 of title 5 but subject to section 40119 1 of this title, information developed under paragraph (3)
(E) shall not be disclosed.
(6) Notice to congress.—The Administrator shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate after completing the analysis required by paragraph (3)(E).
(7) Minimization of risk.—If the Administrator determines as a result of the analysis under paragraph (3)(E) that there is a significant risk of the
catastrophic failure of an aircraft as a result of the discharge of a firearm, the Administrator shall take such actions as may be necessary to minimize that risk.
(c) Training, Supervision, and Equipment.—
(1) In general.—The Administrator shall only be obligated to provide the training, supervision, and equipment necessary for a pilot to be a Federal flight
deck officer under this section at no expense to the pilot or the air carrier employing the pilot.
(2) Training.—
(A) In general.—The Administrator shall base the requirements for the training of Federal flight deck officers under subsection (b) on the training
standards applicable to Federal air marshals; except that the Administrator shall take into account the differing roles and responsibilities of Federal flight
deck officers and Federal air marshals.
(B) Elements.—The training of a Federal flight deck officer shall include, at a minimum, the following elements:
(i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i).
(ii) Training to ensure that the officer maintains exclusive control over the officer's firearm at all times, including training in defensive maneuvers.
(iii) Training to assist the officer in determining when it is appropriate to use the officer's firearm and when it is appropriate to use less than lethal force.
(C) Training in use of firearms.—
(i) Standard.—In order to be deputized as a Federal flight deck officer, a pilot must achieve a level of proficiency with a firearm that is required by the
Administrator. Such level shall be comparable to the level of proficiency required of Federal air marshals.
(ii) Conduct of training.—
(I) In general.—The training of a Federal flight deck officer in the use of a firearm may be conducted by the Administrator or by a firearms training
facility.
(II) Access to training facilities.—The Administrator shall designate additional firearms training facilities located in various regions of the United
States for Federal flight deck officers for recurrent and requalifying training relative to the number of such facilities available on the day before such 2
date of enactment.
(iii) Requalification.—
(I) In general.—The Administrator shall require a Federal flight deck officer to requalify to carry a firearm under the program. Such requalification
shall occur at an interval required by the Administrator.
(II) Use of facilities for requalification.—The Administrator shall allow a Federal flight deck officer to requalify to carry a firearm under the
program through training at a Transportation Security Administration-approved firearms training facility utilizing a Transportation Security Administrationapproved contractor and a curriculum developed and approved by the Transportation Security Administration.

(iv) Periodic review.—The Administrator shall periodically review requalification training intervals and assess whether it is appropriate and sufficient to
adjust the time between each requalification training to facilitate continued participation in the program under this section while still maintaining
effectiveness of the training, and update the training requirements as appropriate.
(D) Training review.—Not later than 2 years after the date of enactment of the TSA Modernization Act, and biennially thereafter, the Administrator shall
review training facilities and training requirements for initial and recurrent training for Federal flight deck officers and evaluate how training requirements,
including the length of training, could be streamlined while maintaining the effectiveness of the training, and update the training requirements as appropriate.
(d) Deputization.—
(1) In general.—The Administrator may deputize, as a Federal flight deck officer under this section, a pilot who submits to the Administrator a request to be
such an officer and whom the Administrator determines is qualified to be such an officer.
(2) Qualification.—
(A) In general.—A pilot is qualified to be a Federal flight deck officer under this section if—
(i) the pilot is employed by an air carrier;
(ii) the Administrator determines (in the Administrator's discretion) that the pilot meets the standards established by the Administrator for being such an
officer; and
(iii) the Administrator determines that the pilot has completed the training required by the Administrator.
(B) Consistency with requirements for certain medical certificates.—In establishing standards under subparagraph (A)(ii), the Administrator may
not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the
requirements of the Federal Aviation Administration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal
Regulations (or any corresponding similar regulation or ruling).
(3) Deputization by other federal agencies.—The Administrator may request another Federal agency to deputize, as Federal flight deck officers under
this section, those pilots that the Administrator determines are qualified to be such officers.
(4) Revocation.—The Administrator may (in the Administrator's discretion) revoke the deputization of a pilot as a Federal flight deck officer if the
Administrator finds that the pilot is no longer qualified to be such an officer.
(5) Transfer from inactive to active status.—In accordance with any applicable Transportation Security Administration appeals processes, a pilot
deputized as a Federal flight deck officer who moves to inactive status may return to active status upon successful completion of a recurrent training program
administered within program guidelines.
(e) Compensation.—
(1) In general.—Pilots participating in the program under this section shall not be eligible for compensation from the Federal Government for services
provided as a Federal flight deck officer. The Federal Government and air carriers shall not be obligated to compensate a pilot for participating in the program
or for the pilot's training or qualification and requalification to carry firearms under the program.
(2) Facilitation of training.—An air carrier shall permit a pilot seeking to be deputized as a Federal flight deck officer or a Federal flight deck officer to
take a reasonable amount of leave to participate in initial, recurrent, or requalification training, as applicable, for the program. Leave required under this
paragraph may be provided without compensation.
(f) Authority To Carry Firearms.—
(1) In general.—The Administrator shall authorize a Federal flight deck officer to carry a firearm while engaged in providing air transportation or intrastate
air transportation. Notwithstanding subsection (c)(1), the officer may purchase a firearm and carry that firearm aboard an aircraft of which the officer is the pilot
in accordance with this section if the firearm is of a type that may be used under the program.
(2) Preemption.—Notwithstanding any other provision of Federal or State law, a Federal flight deck officer, whenever necessary to participate in the
program, may carry a firearm in any State and from 1 State to another State.

(3) Carrying firearms outside united states.—In consultation with the Secretary of State, the Administrator may take such action as may be necessary
to ensure that a Federal flight deck officer may carry a firearm in a foreign country whenever necessary to participate in the program.
(4) Consistency with federal air marshal program.—The Administrator shall harmonize, to the extent practicable and in a manner that does not
jeopardize existing Federal air marshal agreements, the policies relating to the carriage of firearms on international flights by Federal flight deck officers with
the policies of the Federal air marshal program for carrying firearms on such flights and carrying out the duties of a Federal flight deck officer, notwithstanding
Annex 17 of the International Civil Aviation Organization.
(g) Authority To Use Force.—Notwithstanding section 44903(d), the Administrator shall prescribe the standards and circumstances under which a Federal
flight deck officer may use, while the program under this section is in effect, force (including lethal force) against an individual in the defense of the flight deck of
an aircraft in air transportation or intrastate air transportation.
(h) Limitation on Liability.—
(1) Liability of air carriers.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight
deck officer's use of or failure to use a firearm.
(2) Liability of federal flight deck officers.—A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State
court arising out of the acts or omissions of the officer in defending the flight deck of an aircraft against acts of criminal violence or air piracy unless the officer
is guilty of gross negligence or willful misconduct.
(3) Liability of federal government.—For purposes of an action against the United States with respect to an act or omission of a Federal flight deck
officer in defending the flight deck of an aircraft, the officer shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to
tort claims procedure.
(i) Procedures Following Accidental Discharges.—If an accidental discharge of a firearm under the pilot program results in the injury or death of a
passenger or crew member on an aircraft, the Administrator—
(1) shall revoke the deputization of the Federal flight deck officer responsible for that firearm if the Administrator determines that the discharge was
attributable to the negligence of the officer; and
(2) if the Administrator determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge, may temporarily
suspend the program until the shortcoming is corrected.
(j) Limitation on Authority of Air Carriers.—No air carrier shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from
becoming a Federal flight deck officer under this section. No air carrier shall—
(1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or
(2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this
section.
(k) Applicability.—This section shall not apply to air carriers operating under part 135 of title 14, Code of Federal Regulations, and to pilots employed by
such carriers to the extent that such carriers and pilots are covered by section 135.119 of such title or any successor to such section.
(l) Definitions.—In this section:
(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.
(2) Air transportation.—The term "air transportation" includes all-cargo air transportation.
(3) Firearms training facility.—The term "firearms training facility" means a private or government-owned gun range approved by the Administrator to
provide recurrent or requalification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a
curriculum developed and approved by the Transportation Security Administration.
(4) Pilot.—The term "pilot" means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck
crew member.
(Added Pub. L. 107–296, title XIV, §1402(a), Nov. 25, 2002, 116 Stat. 2300; amended Pub. L. 108–176, title VI, §609(b), Dec. 12, 2003, 117 Stat. 2570; Pub. L.
115–254, div. K, title I, §1963(a)–(h), Oct. 5, 2018, 132 Stat. 3601–3603.)
Editorial Notes

References in Text
Section 40119 of this title, referred to in subsec. (b)(5), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
The date of enactment of the TSA Modernization Act, referred to in subsec. (c)(2)(D), is the date of enactment of title I of div. K of Pub. L.
115–254, which was approved Oct. 5, 2018.

Amendments
2018—Pub. L. 115–254, §1963(h)(7), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1963(h)(1), substituted "Administrator" for "Under Secretary of Transportation for Security".
Subsec. (b)(1). Pub. L. 115–254, §1963(h)(2)(A), substituted "The Administrator" for "Not later than 3 months after the date of enactment of

this section, the Under Secretary".
Subsec. (b)(2). Pub. L. 115–254, §1963(h)(2)(B), substituted "The Administrator shall train and deputize" for "Beginning 3 months after the
date of enactment of this section, the Under Secretary shall begin the process of training and deputizing".
Subsec. (b)(3)(N). Pub. L. 115–254, §1963(h)(2)(C), substituted "Administrator's" for "Under Secretary's".
Subsec. (c)(2)(C)(ii). Pub. L. 115–254, §1963(a), designated existing provisions as subcl. (I), inserted heading, struck out "approved by the
Under Secretary" after "facility", and added subcl. (II).
Subsec. (c)(2)(C)(iii). Pub. L. 115–254, §1963(b)(1), designated existing provisions as subcl. (I), inserted heading, substituted "The
Administrator shall" for "The Under Secretary shall" and "the Administrator" for "the Under Secretary", and added subcl. (II).
Subsec. (c)(2)(C)(iv). Pub. L. 115–254, §1963(b)(2), added cl. (iv).
Subsec. (c)(2)(D). Pub. L. 115–254, §1963(c), added subpar. (D).
Subsec. (d)(2). Pub. L. 115–254, §1963(f), designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A)
to (C) as cls. (i) to (iii), respectively, of subpar. (A), substituted "Administrator's" for "Under Secretary's" in subpar. (A)(ii), and added subpar.
(B).
Subsec. (d)(4). Pub. L. 115–254, §1963(h)(3), substituted "may" for "may," and "Administrator's" for "Under Secretary's".
Subsec. (d)(5). Pub. L. 115–254, §1963(g), added par. (5).
Subsec. (e). Pub. L. 115–254, §1963(d), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (f)(1), (3). Pub. L. 115–254, §1963(e)(1), substituted "Administrator" for "Under Secretary".
Subsec. (f)(4). Pub. L. 115–254, §1963(e)(2), added par. (4).
Subsec. (i)(2). Pub. L. 115–254, §1963(h)(4), substituted "may" for "the Under Secretary may".
Subsec. (k). Pub. L. 115–254, §1963(h)(5), struck out par. (1) designation and heading before "This section" and struck out pars. (2) and (3)
which defined "pilot" and defined "air transportation" to include all-cargo air transportation.
Subsec. (l). Pub. L. 115–254, §1963(h)(6), added subsec. (l).
2003—Subsec. (a). Pub. L. 108–176, §609(b)(1), struck out "passenger" before "air transportation" in two places.
Subsec. (k)(2). Pub. L. 108–176, §609(b)(2), substituted "or any other flight deck crew member" for "or, if more than 1 pilot is required for the
operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command".
Subsec. (k)(3). Pub. L. 108–176, §609(b)(3), added par. (3).
Statutory Notes and Related Subsidiaries

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

Effective Date

Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic
Security.

Regulations
Pub. L. 115–254, div. K, title I, §1963(i), Oct. 5, 2018, 132 Stat. 3604, provided that: "Not later than 180 days after the date of enactment of this
Act [Oct. 5, 2018]—
"(1) the Secretary of Transportation shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information
about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a
manner consistent with the classification of information about Federal air marshals; and
"(2) the Administrator [of the Transportation Security Administration] shall revise section 1520.5(b)(11) of title 49, Code of Federal
Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as
sensitive security information in a manner consistent with the classification of information about Federal air marshals."
Pub. L. 115–254, div. K, title I, §1963(j), Oct. 5, 2018, 132 Stat. 3604, provided that: "Not later than 180 days after the date of enactment of this
Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall prescribe such regulations as may be necessary to
carry out this section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this
section."

Equitable Implementation of 2003 Amendments
Pub. L. 108–176, title VI, §609(c), Dec. 12, 2003, 117 Stat. 2570, provided that: "In carrying out the amendments made by subsection (d)
[probably means subsec. (b), which amended this section], the Under Secretary for Border and Transportation Security of the Department of
Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck
officers."

Time for Implementation
Pub. L. 108–176, title VI, §609(d), Dec. 12, 2003, 117 Stat. 2570, provided that: "The requirements of subsection (e) [section 609 of Pub. L. 108–
176 has no subsec. (e)] shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in

effect on the day before the date of enactment of this Act [Dec. 12, 2003]."
1 See References in Text note below.
2 So in original.

§44922. Deputization of State and local law enforcement officers
(a) Deputization Authority.—The Administrator of the Transportation Security Administration may deputize a State or local law enforcement officer to carry
out Federal airport security duties under this chapter.
(b) Fulfillment of Requirements.—A State or local law enforcement officer who is deputized under this section shall be treated as a Federal law
enforcement officer for purposes of meeting the requirements of this chapter and other provisions of law to provide Federal law enforcement officers to carry out
Federal airport security duties.
(c) Agreements.—To deputize a State or local law enforcement officer under this section, the Administrator of the Transportation Security Administration shall
enter into a voluntary agreement with the appropriate State or local law enforcement agency that employs the State or local law enforcement officer.
(d) Reimbursement.—
(1) In general.—The Administrator of the Transportation Security Administration shall reimburse a State or local law enforcement agency for all
reasonable, allowable, and allocable costs incurred by the State or local law enforcement agency with respect to a law enforcement officer deputized under
this section.

(2) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(e) Federal Tort Claims Act.—A State or local law enforcement officer who is deputized under this section shall be treated as an "employee of the
Government" for purposes of sections 1346(b), 2401(b), and chapter 171 of title 28, United States Code, while carrying out Federal airport security duties within
the course and scope of the officer's employment, subject to Federal supervision and control, and in accordance with the terms of such deputization.
(f) Stationing of Officers.—The Administrator of the Transportation Security Administration may allow law enforcement personnel to be stationed other
than at the airport security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide
prompt responsiveness to problems occurring at the screening location.
(Added Pub. L. 108–7, div. I, title III, §351(a), Feb. 20, 2003, 117 Stat. 419; amended Pub. L. 115–254, div. K, title I, §1991(d)(18), Oct. 5, 2018, 132 Stat. 3636.)

Amendments
2018—Pub. L. 115–254, §1991(d)(18)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Pub. L. 115–254, §1991(d)(18)(A), substituted "Deputization" for "Deputation" in section catchline.
Subsec. (a). Pub. L. 115–254, §1991(d)(18)(B), in heading, substituted "Deputization" for "Deputation" and, in text, substituted "Administrator
of the Transportation Security Administration" for "Under Secretary of Transportation for Security".
Subsec. (e). Pub. L. 115–254, §1991(d)(18)(C), substituted "deputization" for "deputation".

§44923. Airport security improvement projects
(a) Grant Authority.—Subject to the requirements of this section, the Administrator of the Transportation Security Administration shall make grants to
airport sponsors—
(1) for projects to replace baggage conveyer systems related to aviation security;
(2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;
(3) for projects to enable the Administrator of the Transportation Security Administration to deploy explosive detection systems behind the ticket counter, in
the baggage sorting area, or in line with the baggage handling system; and
(4) for other airport security capital improvement projects.
(b) Applications.—A sponsor seeking a grant under this section shall submit to the Administrator of the Transportation Security Administration an application
in such form and containing such information as the Administrator of the Transportation Security Administration prescribes.
(c) Approval.—The Administrator of the Transportation Security Administration, after consultation with the Secretary of Transportation, may approve an
application of a sponsor for a grant under this section only if the Administrator of the Transportation Security Administration determines that the project will
improve security at an airport or improve the efficiency of the airport without lessening security.
(d) Letters of Intent.—
(1) Issuance.—The Administrator of the Transportation Security Administration shall issue a letter of intent to a sponsor committing to obligate from future
budget authority an amount, not more than the Federal Government's share of the project's cost, for an airport security improvement project (including interest
costs and costs of formulating the project).
(2) Schedule.—A letter of intent under this subsection shall establish a schedule under which the Administrator of the Transportation Security
Administration will reimburse the sponsor for the Government's share of the project's costs, as amounts become available, if the sponsor, after the
Administrator of the Transportation Security Administration issues the letter, carries out the project without receiving amounts under this section.
(3) Notice to administrator of the transportation security administration.—A sponsor that has been issued a letter of intent under this subsection
shall notify the Administrator of the Transportation Security Administration of the sponsor's intent to carry out a project before the project begins.
(4) Notice to congress.—The Administrator of the Transportation Security Administration shall transmit to the Committees on Appropriations and
Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science 1 and Transportation of the
Senate a written notification at least 3 days before the issuance of a letter of intent under this section.

(5) Limitations.—A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not
deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in
authorization and appropriations laws.
(6) Statutory construction.—Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this
subsection in the same fiscal year as the letter of intent is issued.
(e) Federal Share.—The Government's share of the cost of a project under this section shall be 90 percent for a project at a medium or large hub airport and
95 percent for a project at any other airport.
(f) Sponsor Defined.—In this section, the term "sponsor" has the meaning given that term in section 47102.
(g) Applicability of Certain Requirements.—The requirements that apply to grants and letters of intent issued under chapter 471 (other than section
47102(3)) shall apply to grants and letters of intent issued under this section.
(h) Aviation Security Capital Fund.—
(1) In general.—There is established within the Department of Homeland Security a fund to be known as the Aviation Security Capital Fund. The first
$250,000,000 derived from fees received under section 44940(a)(1) in each of fiscal years 2004 through 2028 shall be available to be deposited in the Fund.
The Administrator of the Transportation Security Administration shall impose the fee authorized by section 44940(a)(1) so as to collect at least $250,000,000
in each of such fiscal years for deposit into the Fund. Amounts in the Fund shall be available to the Administrator of the Transportation Security Administration
to make grants under this section.
(2) Allocation.—Of the amount made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be allocated to fulfill letters of intent
issued under subsection (d).
(3) Discretionary grants.—Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000 shall be used to make discretionary
grants, including other transaction agreements for airport security improvement projects, with priority given to small hub airports and nonhub airports.
(i) Leveraged Funding.—For purposes of this section, a grant under subsection (a) to an airport sponsor to service an obligation issued by or on behalf of
that sponsor to fund a project described in subsection (a) shall be considered to be a grant for that project.
(Added Pub. L. 108–176, title VI, §605(a), Dec. 12, 2003, 117 Stat. 2566; amended Pub. L. 108–458, title IV, §4019(e)(1), Dec. 17, 2004, 118 Stat. 3722; Pub. L.
110–53, title XVI, §§1603(a), 1604(a), Aug. 3, 2007, 121 Stat. 480; Pub. L. 115–254, div. K, title I, §1991(d)(19), Oct. 5, 2018, 132 Stat. 3636.)
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(19)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(19)(A), in introductory provisions, substituted "Administrator of the Transportation Security
Administration" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".
Subsec. (e). Pub. L. 115–254, §1991(d)(19)(C), struck out par. (1) designation and heading before "The Government's share" and struck out
par. (2). Prior to amendment, text of par. (2) read as follows: "The Under Secretary shall revise letters of intent issued before the date of
enactment of this section to reflect the cost share established in this subsection with respect to grants made after September 30, 2003."
Subsec. (j). Pub. L. 115–254, §1991(d)(19)(D), struck out subsec. (j) which authorized appropriations for fiscal years 2005 to 2011.
2007—Subsec. (a). Pub. L. 110–53, §1604(a)(1), substituted "shall make" for "may make" in introductory provisions.
Subsec. (d)(1). Pub. L. 110–53, §1604(a)(2), substituted "shall issue" for "may issue".
Subsec. (h)(1). Pub. L. 110–53, §1604(a)(3), substituted "2028" for "2007".
Subsec. (h)(2), (3). Pub. L. 110–53, §1604(a)(4), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to allocation of
$125,000,000 of amount available per fiscal year for large, medium, and small hub airports, nonhub airports, and on the basis of aviation
security risks, and allocation of $125,000,000 of amount available per fiscal year for discretionary grants, with priority given to fulfilling letters
of intent issued under subsec. (d).
Subsec. (i). Pub. L. 110–53, §1604(a)(6), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (i)(1). Pub. L. 110–53, §1603(a), substituted "2007, and $450,000,000 for each of fiscal years 2008 through 2011" for "2007."
Subsec. (j). Pub. L. 110–53, §1604(a)(5), redesignated subsec. (i) as (j).
2004—Subsec. (i)(1). Pub. L. 108–458 substituted "$400,000,000 for each of fiscal years 2005, 2006, and 2007" for "$250,000,000 for each of
fiscal years 2004 through 2007".
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Prioritization of Projects
Pub. L. 110–53, title XVI, §1604(b), Aug. 3, 2007, 121 Stat. 480, required the Administrator of the Transportation Security Administration to
establish a prioritization schedule for airport security improvement projects described in this section based on risk and other relevant factors, to
be funded under this section, and to provide to Congress, not later than 180 days after Aug. 3, 2007, a copy of the prioritization schedule, a
corresponding timeline, and a description of the funding allocation under this section.

Period of Reimbursement
Pub. L. 108–458, title IV, §4019(e)(2), Dec. 17, 2004, 118 Stat. 3722, provided that: "Notwithstanding any other provision of law, the Secretary
[of Homeland Security] may provide that the period of reimbursement under any letter of intent may extend for a period not to exceed 10 years
after the date that the Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued
under section 44923 of title 49, United States Code, and letters of intent issued under section 367 of the Department of Transportation and Related
Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110 note)."
1 So in original. Probably should be "Science,".

§44924. Repair station security
(a) Security Review and Audit.—To ensure the security of maintenance and repair work conducted on air carrier aircraft and components at foreign repair
stations, the Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration, shall
complete a security review and audit of foreign repair stations that are certified by the Administrator of the Federal Aviation Administration under part 145 of title
14, Code of Federal Regulations, and that work on air carrier aircraft and components. The review shall be completed not later than 6 months after the date on
which the Administrator of the Transportation Security Administration issues regulations under subsection (f).
(b) Addressing Security Concerns.—The Administrator of the Transportation Security Administration shall require a foreign repair station to address the
security issues and vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of providing notice to the repair station of the
security issues and vulnerabilities so identified and shall notify the Administrator of the Federal Aviation Administration that a deficiency was identified in the
security audit.
(c) Suspensions and Revocations of Certificates.—
(1) Failure to carry out effective security measures.—If, after the 90th day on which a notice is provided to a foreign repair station under subsection
(b), the Administrator of the Transportation Security Administration determines that the foreign repair station does not maintain and carry out effective security
measures, the Administrator of the Transportation Security Administration shall notify the Administrator of the Federal Aviation Administration of the
determination. Upon receipt of the determination, the Administrator of the Federal Aviation Administration shall suspend the certification of the repair station
until such time as the Administrator of the Transportation Security Administration determines that the repair station maintains and carries out effective security
measures and transmits the determination to the Administrator of the Federal Aviation Administration.

(2) Immediate security risk.—If the Administrator of the Transportation Security Administration determines that a foreign repair station poses an
immediate security risk, the Administrator of the Transportation Security Administration shall notify the Administrator of the Federal Aviation Administration of
the determination. Upon receipt of the determination, the Administrator of the Federal Aviation Administration shall revoke the certification of the repair station.
(3) Procedures for appeals.—The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal
Aviation Administration, shall establish procedures for appealing a revocation of a certificate under this subsection.
(d) Failure To Meet Audit Deadline.—If the security audits required by subsection (a) are not completed on or before the date that is 6 months after the
date on which the Administrator of the Transportation Security Administration issues regulations under subsection (f), the Administrator of the Federal Aviation
Administration shall be barred from certifying any foreign repair station (other than a station that was previously certified, or is in the process of certification, by
the Administration under this part) until such audits are completed for existing stations.
(e) Priority for Audits.—In conducting the audits described in subsection (a), the Administrator of the Transportation Security Administration and the
Administrator of the Federal Aviation Administration shall give priority to foreign repair stations located in countries identified by the Government as posing the
most significant security risks.
(f) Regulations.—The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation
Administration, shall issue final regulations to ensure the security of foreign and domestic aircraft repair stations.
(g) Report to Congress.—If the Administrator of the Transportation Security Administration does not issue final regulations before the deadline specified in
subsection (f), the Administrator of the Transportation Security Administration shall transmit 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 an explanation as to why the deadline was
not met and a schedule for issuing the final regulations.
(Added Pub. L. 108–176, title VI, §611(b)(1), Dec. 12, 2003, 117 Stat. 2571; amended Pub. L. 110–53, title XVI, §1616(b), Aug. 3, 2007, 121 Stat. 488; Pub. L.
115–254, div. K, title I, §1991(d)(20), Oct. 5, 2018, 132 Stat. 3637.)
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(20)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(20)(A), substituted "Administrator of the Transportation Security Administration," for "Under Secretary
for Border and Transportation Security of the Department of Homeland Security," and "Administrator of the Federal Aviation Administration
under" for "Administrator under".
Subsec. (b). Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsec. (c). Pub. L. 115–254, §1991(d)(20)(B), which directed substitution of "Administrator of the Federal Aviation Administration" for
"Administrator", was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.
Subsecs. (d), (e). Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsec. (f). Pub. L. 115–254, §1991(d)(20)(C), substituted "The" for "Not later than 240 days after the date of enactment of this section, the".
Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
2007—Subsec. (a). Pub. L. 110–53, §1616(b)(1), substituted "6 months" for "18 months".
Subsec. (d). Pub. L. 110–53, §1616(b)(2), inserted "(other than a station that was previously certified, or is in the process of certification, by
the Administration under this part)" after "foreign repair station".
Pub. L. 110–53, §1616(b)(1), which directed amendment of subsec. (b) by substituting "6 months" for "18 months", was executed by making
the substitution in subsec. (d), to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Suspension of Certification of Foreign Repair Stations
Pub. L. 110–53, title XVI, §1616(a), Aug. 3, 2007, 121 Stat. 488, provided that: "If the regulations required by section 44924(f) of title 49, United
States Code, are not issued within 1 year after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Federal Aviation

Administration may not certify any foreign repair station under part 145 of title 14, Code of Federal Regulations, after such date unless the
station was previously certified, or is in the process of certification by the Administration under that part."

§44925. Deployment and use of detection equipment at airport screening checkpoints
(a) Weapons and Explosives.—The Secretary of Homeland Security shall give a high priority to developing, testing, improving, and deploying, at airport
screening checkpoints, equipment that detects nonmetallic, chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in
their personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions
the types of weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft.
(b) Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints.—
(1) In general.—The Administrator of the Transportation Security Administration shall submit to the appropriate congressional committees a strategic plan
to promote the optimal utilization and deployment of explosive detection equipment at airports to screen individuals and their personal property. Such
equipment includes walk-through explosive detection portals, document scanners, shoe scanners, and backscatter x-ray scanners. The plan may be
submitted in a classified format.
(2) Content.—The strategic plan shall include, at minimum—
(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;
(B) a description of the operational applications of explosive detection equipment at airport screening checkpoints;
(C) a deployment schedule and a description of the quantities of equipment needed to implement the plan;
(D) a description of funding needs to implement the plan, including a financing plan that provides for leveraging of non-Federal funding;
(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and
(F) a description of any recommended legislative actions.
(c) Portal Detection Systems.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security
Administration $250,000,000, in addition to any amounts otherwise authorized by law, for research, development, and installation of detection systems and other
devices for the detection of biological, chemical, radiological, and explosive materials.
(d) Interim Action.—Until measures are implemented that enable the screening of all passengers for explosives, the Administrator of the Transportation
Security Administration shall provide, by such means as the Administrator of the Transportation Security Administration considers appropriate, explosives
detection screening for all passengers identified for additional screening and their personal property that will be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or intrastate air transportation.
(Added Pub. L. 108–458, title IV, §4013(a), Dec. 17, 2004, 118 Stat. 3719; amended Pub. L. 110–53, title XVI, §1607(b), Aug. 3, 2007, 121 Stat. 483; Pub. L.
115–254, div. K, title I, §1991(d)(21), Oct. 5, 2018, 132 Stat. 3637.)
Editorial Notes

Amendments
2018—Subsec. (b)(1). Pub. L. 115–254, §1991(d)(21)(A), substituted "The Administrator of the Transportation Security Administration" for "Not
later than 90 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security
Administration)".

Subsec. (b)(3). Pub. L. 115–254, §1991(d)(21)(B), struck out par. (3). Text read as follows: "The Secretary shall begin implementation of the
strategic plan within one year after the date of enactment of this paragraph."
Subsec. (d). Pub. L. 115–254, §1991(d)(21)(C), substituted "Administrator of the Transportation Security Administration" for "Assistant
Secretary" in two places.
2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).
Statutory Notes and Related Subsidiaries

Movement and Redeployment of Mobile Explosives Detection Systems
Pub. L. 114–113, div. F, title II, Dec. 18, 2015, 129 Stat. 2499, provided in part: "That notwithstanding any other provision of law, for the current
fiscal year and each fiscal year hereafter, mobile explosives detection systems purchased and deployed using funds made available under this
heading [Transportation Security Administration, Aviation Security] may be moved and redeployed to meet evolving passenger and baggage
screening security priorities at airports".

Issuance of Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport
Screening Checkpoints
Pub. L. 110–53, title XVI, §1607(a), Aug. 3, 2007, 121 Stat. 483, provided that, not later than 30 days after Aug. 3, 2007, the Secretary of
Homeland Security, in consultation with the Administrator of the Transportation Security Administration, was to issue the strategic plan the
Secretary was required by subsec. (b) of this section to have issued within 90 days after Dec. 17, 2004.

Advanced Airport Checkpoint Screening Devices
Pub. L. 108–458, title IV, §4014, Dec. 17, 2004, 118 Stat. 3720, directed the Assistant Secretary of Homeland Security (Transportation Security
Administration), not later than Mar. 31, 2005, to develop and initiate a pilot program to deploy and test advanced airport checkpoint screening
devices and technology as an integrated system at not less than 5 airports in the United States.

§44926. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight
(a) In General.—The Secretary of Homeland Security shall establish a timely and fair process for individuals who believe they have been delayed or
prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the regimes utilized by the Transportation Security
Administration, United States Customs and Border Protection, or any other office or component of the Department of Homeland Security.
(b) Office of Appeals and Redress.—
(1) Establishment.—The Secretary shall establish in the Department an Office of Appeals and Redress to implement, coordinate, and execute the process
established by the Secretary pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, United
States Customs and Border Protection, and such other offices and components of the Department as the Secretary determines appropriate.
(2) Records.—The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office, under
the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified and have corrected
erroneous information.
(3) Information.—To prevent repeated delays of a misidentified passenger or other individual, the Office shall—
(A) ensure that the records maintained under this subsection contain information determined by the Secretary to authenticate the identity of such a
passenger or individual;
(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any other appropriate office or component of
the Department, upon request, such information as may be necessary to allow such office or component to assist air carriers in improving their
administration of the advanced passenger prescreening system and reduce the number of false positives; and
(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established under subsection (a), to have
been wrongly identified.

(4) Handling of personally identifiable information.—The Secretary, in conjunction with the Chief Privacy Officer of the Department shall—
(A) require that Federal employees of the Department handling personally identifiable information of passengers (in this paragraph referred to as "PII")
complete mandatory privacy and security training prior to being authorized to handle PII;
(B) ensure that the records maintained under this subsection are secured by encryption, one-way hashing, other data anonymization techniques, or such
other equivalent security technical protections as the Secretary determines necessary;
(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve a redress request;
(D) require that the data generated under this subsection shall be shared or transferred via a secure data network, that has been audited to ensure that
the anti-hacking and other security related software functions properly and is updated as necessary;
(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section
552a of title 5, United States Code, and the Federal Information Security Management Act of 2002 (Public Law 107–296);
(F) only retain the data for as long as needed to assist the individual traveler in the redress process; and
(G) conduct and publish a privacy impact assessment of the process described within this subsection and transmit the assessment to the Committee on
Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on
Homeland Security and Governmental Affairs of the Senate.
(5) Initiation of redress process at airports.—The Office shall establish at each airport at which the Department has a significant presence a process
to provide information to air carrier passengers to begin the redress process established pursuant to subsection (a).
(Added Pub. L. 110–53, title XVI, §1606(a), Aug. 3, 2007, 121 Stat. 482; amended Pub. L. 115–254, div. K, title I, §1991(d)(22), Oct. 5, 2018, 132 Stat. 3637.)
Editorial Notes

References in Text
The Federal Information Security Management Act of 2002, referred to in subsec. (b)(4)(E), is title X of Pub. L. 107–296, Nov. 25, 116 Stat.
2259. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6, Domestic Security, and Tables.

Amendments
2018—Subsec. (b)(3). Pub. L. 115–254 substituted "a misidentified passenger" for "an misidentified passenger" in introductory provisions.

§44927. Expedited screening for severely injured or disabled members of the Armed Forces and severely
injured or disabled veterans
(a) Passenger Screening.—The Administrator of the Transportation Security Administration, in consultation with the Secretary of Defense, the Secretary of
Veterans Affairs, and organizations identified by the Secretaries of Defense and Veterans Affairs that advocate on behalf of severely injured or disabled
members of the Armed Forces and severely injured or disabled veterans, shall develop and implement a process to support and facilitate the ease of travel and
to the extent possible provide expedited passenger screening services for severely injured or disabled members of the Armed Forces and severely injured or
disabled veterans through passenger screening. The process shall be designed to offer the individual private screening to the maximum extent practicable.
(b) Operations Center.—As part of the process under subsection (a), the Administrator of the Transportation Security Administration shall maintain an
operations center to provide support and facilitate the movement of severely injured or disabled members of the Armed Forces and severely injured or disabled
veterans through passenger screening prior to boarding a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air
transportation.
(c) Protocols.—The Administrator of the Transportation Security Administration shall—
(1) establish and publish protocols, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the organizations identified under
subsection (a), under which a severely injured or disabled member of the Armed Forces or severely injured or disabled veteran, or the family member or other

representative of such member or veteran, may contact the operations center maintained under subsection (b) and request the expedited passenger
screening services described in subsection (a) for that member or veteran; and
(2) upon receipt of a request under paragraph (1), require the operations center to notify the appropriate Federal Security Director of the request for
expedited passenger screening services, as described in subsection (a), for that member or veteran.
(d) Training.—The Administrator of the Transportation Security Administration shall integrate training on the protocols established under subsection (c) into
the training provided to all employees who will regularly provide the passenger screening services described in subsection (a).
(e) Rule of Construction.—Nothing in this section shall affect the authority of the Administrator of the Transportation Security Administration to require
additional screening of a severely injured or disabled member of the Armed Forces, a severely injured or disabled veteran, or their accompanying family
members or nonmedical attendants, if intelligence, law enforcement, or other information indicates that additional screening is necessary.
(f) Reports.—Each year, the Administrator of the Transportation Security Administration shall submit to Congress a report on the implementation of this
section. Each report shall include each of the following:
(1) Information on the training provided under subsection (d).
(2) Information on the consultations between the Administrator of the Transportation Security Administration and the organizations identified under
subsection (a).
(3) The number of people who accessed the operations center during the period covered by the report.
(4) Such other information as the Administrator of the Transportation Security Administration determines is appropriate.
(Added Pub. L. 113–27, §2(a), Aug. 9, 2013, 127 Stat. 503; amended Pub. L. 115–254, div. K, title I, §1991(d)(23), Oct. 5, 2018, 132 Stat. 3637.)
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(23)(A), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(23)(B), substituted "Veterans Affairs that" for "Veteran Affairs that".
Subsec. (f). Pub. L. 115–254, §1991(d)(23)(C), substituted "Reports" for "Report" in heading and "Each year," for "Not later than 1 year after
the date of enactment of this section, and annually thereafter," in introductory provisions.

§44928. Honor Flight program
The Administrator of the Transportation Security Administration shall establish, in collaboration with the Honor Flight Network or other not-for-profit
organization that honors veterans, a process for providing expedited and dignified passenger screening services for veterans traveling on an Honor Flight
Network private charter, or such other not-for-profit organization that honors veterans, to visit war memorials built and dedicated to honor the service of such
veterans.
(Added Pub. L. 113–221, §2(a), Dec. 16, 2014, 128 Stat. 2094.)

§44929. Donation of screening equipment to protect the United States
(a) In General.—Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport
operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens.
(b) Conditions.—Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall—
(1) ensure that the screening equipment has been restored to commercially available settings;
(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and
(3) verify that the appropriate officials have an adequate system—
(A) to properly maintain and operate the screening equipment; and

(B) to document and track any removal or disposal of the screening equipment to ensure the screening equipment does not come into the possession of
terrorists or otherwise pose a risk to security.
(c) Reports.—Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the
Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives a detailed written explanation of the following:
(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.
(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the
recipient.
(5) The total dollar value of such donation.
(6) How the appropriate officials will document and track any removal or disposal of the screening equipment by the recipient to ensure the screening
equipment does not come into the possession of terrorists or otherwise pose a risk to security.
(Added Pub. L. 115–254, div. K, title I, §1955(a)(1), Oct. 5, 2018, 132 Stat. 3595.)

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

§44931. Authority to exempt
The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and
44935–44937 of this title when the Secretary decides the exemption is in the public interest.
(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
Editorial Notes

Prior Provisions
A prior section 44931, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intelligence and Security, prior to repeal
by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.

§44932. Administrative
(a) General Authority.—The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the
Secretary or the Administrator considers necessary to carry out this chapter and chapters 461, 463, and 465 of this title, including conducting investigations,
prescribing regulations, standards, and procedures, and issuing orders.
(b) Indemnification.—The Administrator of the Transportation Security Administration may indemnify an officer or employee of the Transportation Security
Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer
or employee.
(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)
Editorial Notes

Prior Provisions
A prior section 44932, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §110(a), Nov. 19, 2001, 115 Stat. 614, related to
the Assistant Administrator for Civil Aviation Security, prior to repeal by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.

§44933. Federal Security Managers 1
(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Federal
Security Director at each airport in the United States described in section 44903(c). The Administrator of the Transportation Security Administration shall
designate individuals as Federal Security Directors for, and station those Federal Security Directors at, those airports.
(b) Duties and Powers.—The Federal Security Director at each airport shall—
(1) oversee the screening of passengers and property at the airport; and
(2) carry out other duties prescribed by the Administrator of the Transportation Security Administration.
(c) Information Sharing.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall—
(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement
agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening
checkpoints; and
(2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a
timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure
coordinated responses to security matters.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1216; Pub. L. 107–71, title I, §§101(f)(4), 103, Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I,
§§1989(a), 1991(d)(24), Oct. 5, 2018, 132 Stat. 3624, 3637.)
Historical and Revision Notes
Revised
Section
44933(a)

49 App.:1358b(a)(1), (2), (4).

44933(b)
44933(c)

49 App.:1358b(a)(3).
49 App.:1358b(a)(5).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§319(a); added Nov. 16, 1990, Pub. L.
101–604, §104, 104 Stat. 3070.

In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "The Administrator shall
designate individuals as Managers for, and station those Managers at, those airports" are substituted for "and shall begin designating persons
as such Managers and stationing such Managers at such airports" for clarity and because of the restatement. The words "and designate a
current field employee of the Administration as a Manager" are substituted for "assign the functions and responsibilities described in this
section to existing Federal Aviation Administration field personnel and designate such personnel accordingly" to eliminate unnecessary words.
The words "to the office of" are omitted as unnecessary. The words "Not later than 1 year after November 16, 1990" are omitted as obsolete.
The words "Secretary of Transportation" are substituted for "Department of Transportation" because of 49:102.
In subsection (b), before clause (1), the words "The Manager at each airport shall" are substituted for "The responsibilities of a Federal
Security Manager shall include the following" to eliminate unnecessary words. In clause (2)(A), the words "air carrier" are substituted for "such
air carrier" because this is the first time the term is used in the source provisions. In clause (3), the words "United States Government" are
substituted for "Federal" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (7), the words
"other Managers" are substituted for "Federal Security Managers at other airports, as appropriate" to eliminate unnecessary words.

In subsection (c), the words "duties and powers" are substituted for "responsibilities" for clarity and consistency in the revised title and with
other titles of the Code.
Editorial Notes

References in Text
The date of the enactment of the TSA Modernization Act, referred to in subsec. (c), is the date of the enactment of title I of div. K of Pub. L.

115–254, which was approved Oct. 5, 2018.

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration shall designate"
for "Under Secretary shall designate".
Pub. L. 115–254, §1991(d)(24)(A), substituted "Administrator of the Transportation Security Administration shall establish" for "Under
Secretary of Transportation for Security shall establish", "Federal Security Director" for "Federal Security Manager", and, in two places,
"Federal Security Directors" for "Managers".
Subsec. (b). Pub. L. 115–254, §1991(d)(24)(B), substituted "Federal Security Director" for "Manager" in introductory provisions.
Subsec. (b)(2). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary".
Subsec. (c). Pub. L. 115–254, §1989(a), added subsec. (c).
2001—Pub. L. 107–71, §103, amended section generally, substituting provisions relating to designation, establishment, and stationing
procedures and duties and powers for provisions which contained a more detailed listing of responsibilities and a prohibition against a Civil
Aviation Security Field Officer being assigned security duties and powers at an airport having a Manager.
Subsec. (a). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security".
1 So in original. Probably should be "Directors".

§44934. Foreign Security Liaison Officers
(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Foreign
Security Liaison Officer for each airport outside the United States at which the Administrator decides an Officer is necessary for air transportation security. In
coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports. In coordination with the Secretary of State, the
Administrator shall designate an Officer for each of those airports where extraordinary security measures are in place. The Secretary of State shall give high
priority to stationing those Officers.
(b) Duties and Powers.—An Officer reports directly to the Administrator of the Transportation Security Administration. The Officer at each airport shall—
(1) serve as the liaison of the Administrator to foreign security authorities (including governments of foreign countries and foreign airport authorities) in
carrying out United States Government security requirements at that airport; and
(2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title.
(c) Coordination of Activities.—The activities of each Officer shall be coordinated with the chief of the diplomatic mission of the United States to which the
Officer is assigned. Activities of an Officer under this section shall be consistent with the duties and powers of the Secretary of State and the chief of mission to a
foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 107–71, title I, §101(f)(4), (5), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I,
§1991(d)(25), Oct. 5, 2018, 132 Stat. 3638.)

Historical and Revision Notes
Revised
Section
44934(a)

49 App.:1358b(b)(1), (2).

44934(b)
44934(c)

49 App.:1358b(b)(3), (4).
49 App.:1358b(b)(5).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§319(b); added Nov. 16, 1990, Pub. L.
101–604, §104, 104 Stat. 3071.

In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "shall designate" are
substituted for "shall begin assigning" for consistency with the source provisions restated in section 44933 of the revised title and because of
the restatement. The words "Not later than 2 years after November 16, 1990" are omitted as obsolete. The word "designate" is substituted for
"assign" for consistency with the source provisions restated in section 44933 of the revised title. The words "outside the United States" are
omitted as unnecessary.
In subsection (b), before clause (1), the words "to the office of" are omitted as unnecessary. In clause (1), the words "governments of foreign
countries and foreign airport authorities" are substituted for "foreign governments and airport authorities" for clarity and consistency in the
revised title and with other titles of the United States Code. In clause (2), the words "duties and powers" are substituted for "responsibilities" for
consistency in the revised title and with other titles of the Code.
In subsection (c), the words "duties and powers" are substituted for "authorities" for clarity and consistency in the revised title and with other
titles of the Code.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(25)(A), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security", "airports. In coordination with the Secretary of State" for "airports. In coordination with the Secretary",
"The Secretary of State shall give high priority" for "The Secretary shall give high priority", and, wherever appearing, "Administrator" for "Under
Secretary".
Subsec. (b). Pub. L. 115–254, §1991(d)(25)(B)(i), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary" in introductory provisions.
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(25)(B)(ii), substituted "Administrator" for "Under Secretary".
Subsec. (c). Pub. L. 115–254, §1991(d)(25)(C), substituted "the Secretary of State and the chief" for "the Secretary and the chief".
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary" for "Administrator" wherever appearing and "of
Transportation for Security" for "of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security" in introductory
provisions.
Subsec. (b)(1). Pub. L. 107–71, §101(f)(5), substituted "Under Secretary" for "Assistant Administrator".

§44935. Employment standards and training
(a) Employment Standards.—The Administrator shall prescribe standards for the employment and continued employment of, and contracting for, air carrier
personnel and, as appropriate, airport security personnel. The standards shall include—
(1) minimum training requirements for new employees;
(2) retraining requirements;

(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when appropriate.
(b) Review and Recommendations.—In coordination with air carriers, airport operators, and other interested persons, the Administrator shall review issues
related to human performance in the aviation security system to maximize that performance. When the review is completed, the Administrator shall recommend
guidelines and prescribe appropriate changes in existing procedures to improve that performance.
(c) Security Program Training, Standards, and Qualifications.—(1) The Administrator—
(A) may train individuals employed to carry out a security program under section 44903(c) of this title; and
(B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for that training.
(2) The Administrator may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government
domestic and foreign individuals whose services will contribute significantly to carrying out civil aviation security programs. To the extent practicable, air travel
reimbursed under this paragraph shall be on air carriers.
(d) Education and Training Standards for Security Coordinators, Supervisory Personnel, and Pilots.—(1) The Administrator shall prescribe
standards for educating and training—
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.
(2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements and methods shall be used
annually to measure the performance of ground security coordinators and security supervisory personnel.
(e) Security Screeners.—
(1) Training program.—The Administrator shall establish a program for the hiring and training of security screening personnel.
(2) Hiring.—
(A) Qualifications.—The Administrator shall establish qualification standards for individuals to be hired by the United States as security screening
personnel. Notwithstanding any other provision of law, those standards shall require, at a minimum, an individual—
(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;
(ii) to be a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
(iii) to meet, at a minimum, the requirements set forth in subsection (f);
(iv) to meet such other qualifications as the Administrator may establish; and
(v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol.
(B) Background checks.—The Administrator shall require that an individual to be hired as a security screener undergo an employment investigation
(including a criminal history record check) under section 44936(a)(1).
(C) Disqualification of individuals who present national security risks.—The Administrator, in consultation with the heads of other appropriate
Federal agencies, shall establish procedures, in addition to any background check conducted under section 44936, to ensure that no individual who
presents a threat to national security is employed as a security screener.
(3) Examination; review of existing rules.—The Administrator shall develop a security screening personnel examination for use in determining the
qualification of individuals seeking employment as security screening personnel. The Administrator shall also review, and revise as necessary, any standard,
rule, or regulation governing the employment of individuals as security screening personnel.
(f) Employment Standards for Screening Personnel.—
(1) Screener requirements.—Notwithstanding any other provision of law, an individual may not be deployed as a security screener unless that individual
meets the following requirements:

(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that the Administrator has determined to be
sufficient for the individual to perform the duties of the position.
(B) The individual shall possess basic aptitudes and physical abilities, including color perception, visual and aural acuity, physical coordination, and motor
skills, to the following standards:
(i) Screeners operating screening equipment shall be able to distinguish on the screening equipment monitor the appropriate imaging standard
specified by the Administrator.
(ii) Screeners operating any screening equipment shall be able to distinguish each color displayed on every type of screening equipment and explain
what each color signifies.
(iii) Screeners shall be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint
environment.
(iv) Screeners performing physical searches or other related operations shall be able to efficiently and thoroughly manipulate and handle such baggage,
containers, and other objects subject to security processing.
(v) Screeners who perform pat-downs or hand-held metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly
conduct those procedures over an individual's entire body.
(C) The individual shall be able to read, speak, and write English well enough to—
(i) carry out written and oral instructions regarding the proper performance of screening duties;
(ii) read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process;
(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and
(iv) write incident reports and statements and log entries into security records in the English language.
(D) The individual shall have satisfactorily completed all initial, recurrent, and appropriate specialized training required by the security program, except as
provided in paragraph (3).
(2) Veterans preference.—The Administrator shall provide a preference for the hiring of an individual as a security screener if the individual is a member
or former member of the armed forces and if the individual is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member
of the armed forces.
(3) Exceptions.—An individual who has not completed the training required by this section may be deployed during the on-the-job portion of training to
perform functions if that individual—
(A) is closely supervised; and
(B) does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection.
(4) Remedial training.—No individual employed as a security screener may perform a screening function after that individual has failed an operational test
related to that function until that individual has successfully completed the remedial training specified in the security program.
(5) Annual proficiency review.—The Administrator shall provide that an annual evaluation of each individual assigned screening duties is conducted and
documented. An individual employed as a security screener may not continue to be employed in that capacity unless the evaluation demonstrates that the
individual—
(A) continues to meet all qualifications and standards required to perform a screening function;
(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in the security program; and
(C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.
(6) Operational testing.—In addition to the annual proficiency review conducted under paragraph (5), the Administrator shall provide for the operational
testing of such personnel.
(g) Training.—
(1) Use of other agencies.—The Administrator may enter into a memorandum of understanding or other arrangement with any other Federal agency or
department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of security
screening personnel.

(2) Training plan.—The Administrator shall develop a plan for the training of security screening personnel. The plan shall require, at a minimum, that a
security screener—
(A) has completed 40 hours of classroom instruction or successfully completed a program that the Administrator determines will train individuals to a level
of proficiency equivalent to the level that would be achieved by such classroom instruction;
(B) has completed 60 hours of on-the-job instructions; and
(C) has successfully completed an on-the-job training examination prescribed by the Administrator.
(3) Equipment-specific training.—An individual employed as a security screener may not use any security screening device or equipment in the scope of
that individual's employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the
device or equipment.
(h) Technological Training.—
(1) In general.—The Administrator shall require training to ensure that screeners are proficient in using the most up-to-date new technology and to ensure
their proficiency in recognizing new threats and weapons.
(2) Periodic assessments.—The Administrator shall make periodic assessments to determine if there are dual use items and inform security screening
personnel of the existence of such items.
(3) Current lists of dual use items.—Current lists of dual use items shall be part of the ongoing training for screeners.
(4) Dual use defined.—For purposes of this subsection, the term "dual use" item means an item that may seem harmless but that may be used as a
weapon.
(i) Limitation on Right To Strike.—An individual that screens passengers or property, or both, at an airport under this section may not participate in a strike,
or assert the right to strike, against the person (including a governmental entity) employing such individual to perform such screening.
(j) Uniforms.—The Administrator shall require any individual who screens passengers and property pursuant to section 44901 to be attired while on duty in a
uniform approved by the Administrator.
(k) Accessibility of Computer-based Training Facilities.—The Administrator shall work with air carriers and airports to ensure that computer-based
training facilities intended for use by security screeners at an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation
are conveniently located for that airport and easily accessible.
(l) 1 Initial and Recurring Training.—
(1) In general.—The Administrator shall establish a training program for new security screening personnel located at the Transportation Security
Administration Academy.
(2) Recurring training.—
(A) In general.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish recurring training for
security screening personnel regarding updates to screening procedures and technologies, including, in response to weaknesses identified in covert tests at
airports—
(i) methods to identify the verification of false or fraudulent travel documents; and
(ii) training on emerging threats.
(B) Contents.—The training under subparagraph (A) shall include—
(i) internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and
(ii) such other matters as identified by the Administrator with regard to such training.
(l) 1 Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 106–528, §3, Nov. 22, 2000, 114 Stat. 2519; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(a), Nov.
19, 2001, 115 Stat. 603, 616; Pub. L. 107–296, title XVI, §1603, Nov. 25, 2002, 116 Stat. 2313; Pub. L. 115–254, div. K, title I, §§1948(a), 1991(d)(26), Oct. 5,
2018, 132 Stat. 3587, 3638.)
Historical and Revision Notes

Revised
Section
44935(a)

49 App.:1357(h).

44935(b)
44935(c)

49 App.:1357(i).
49 App.:1357(c).

44935(d)

49 App.:1357(j).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(h)–(j); added Nov. 16, 1990, Pub. L.
101–604, §105(a), 104 Stat. 3073.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(c); added Aug. 5, 1974, Pub. L. 93–
366, §202, 88 Stat. 416; Oct. 31, 1992,
Pub. L. 102–581, §202, 106 Stat. 4890.

In subsection (a), before clause (1), the words "Not later than 270 days after November 16, 1990" are omitted as obsolete. The words
"contracting for" are substituted for "contracting of" for clarity and consistency in the revised title.
In subsection (c)(1)(A), the words "individuals employed" are substituted for "personnel employed by him . . . and for other personnel,
including State, local, and private law enforcement personnel, whose services may be utilized" for clarity and consistency in the revised title
and with other titles of the United States Code.
In subsection (c)(1)(B), the words "individuals eligible" are substituted for "personnel whose services are utilized to enforce any such
transportation security program, including State, local, and private law enforcement personnel . . . for personnel eligible" for clarity and
consistency in the revised title and with other titles of the Code.
In subsection (c)(2), the words "under this section" are omitted as unnecessary. The words "United States" before "air carriers" are omitted
because of the definition of "air carrier" in section 40102(a) of the revised title.
In subsection (d)(1), before clause (A), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete.
Editorial Notes

References in Text
The date of enactment of the TSA Modernization Act, referred to in subsec. (l)(2)(A), is the date of enactment of title I of div. K of Pub. L. 115–

254, which was approved Oct. 5, 2018.

Amendments
2018—Pub. L. 115–254, §1991(d)(26)(E), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(26)(A), substituted "Administrator" for "Under Secretary of Transportation for Security" in introductory

provisions.
Subsec. (e)(1). Pub. L. 115–254, §1991(d)(26)(B)(i), substituted "Administrator" for "Under Secretary of Transportation for Security".
Subsec. (e)(2)(A). Pub. L. 115–254, §1991(d)(26)(B)(ii)(I), in introductory provisions, substituted "The" for "Within 30 days after the date of
enactment of the Aviation and Transportation Security Act, the" and inserted "other" before "provision of law".
Subsec. (e)(2)(A)(ii). Pub. L. 115–254, §1991(d)(26)(B)(ii)(II), which directed substitution of "section 101(a)(22)" for "section 1102(a)(22)", was
executed by making the substitution for "section 1101(a)(22)", to reflect the probable intent of Congress.
Subsec. (f)(1). Pub. L. 115–254, §1991(d)(26)(C), inserted "other" before "provision of law" in introductory provisions.
Subsec. (g)(2). Pub. L. 115–254, §1991(d)(26)(D), substituted "The" for "Within 60 days after the date of enactment of the Aviation and
Transportation Security Act, the" in introductory provisions.
Subsec. (k). Pub. L. 115–254, §1948(a)(1), which directed the redesignation of subsec. (i) relating to accessibility of computer-based training
facilities as (k) by substituting "(k) Accessibility of Computer-based Training Facilities.—" for "(i) Accessibility of Computer-based Training

Facilities.—", was executed by making the substitution for "(i) Accessibility of Computer-Based Training Facilities.—" to reflect the probable

intent of Congress.
Subsec. (l). Pub. L. 115–254, §1991(d)(26)(F), added subsec. (l) defining "Administrator".
Pub. L. 115–254, §1948(a)(2), added subsec. (l) relating to initial and recurring training.
2002—Subsec. (e)(2)(A)(ii). Pub. L. 107–296 substituted "citizen of the United States or a national of the United States, as defined in section
1101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))" for "citizen of the United States".
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the
Federal Aviation Administration" in introductory provisions.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions of par. (1) and in par. (2).
Subsec. (d)(1). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (e). Pub. L. 107–71, §111(a)(2), added subsec. (e) and struck out former subsec. (e) which established training standards for
screeners.
Subsec. (f). Pub. L. 107–71, §111(a)(2), added subsec. (f). Former subsec. (f) redesignated (i).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsecs. (g), (h). Pub. L. 107–71, §111(a)(2), added subsecs. (g) and (h).
Subsec. (i). Pub. L. 107–71, §111(a)(2), added subsec. (i) relating to limitation on right to strike.
Pub. L. 107–71, §111(a)(1), redesignated subsec. (f) as (i) relating to accessibility of computer-based training facilities.
Subsec. (j). Pub. L. 107–71, §111(a)(2), added subsec. (j).
2000—Subsecs. (e), (f). Pub. L. 106–528 added subsecs. (e) and (f).
Statutory Notes and Related Subsidiaries

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

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of

this title.

Transition
Pub. L. 107–71, title I, §111(c), Nov. 19, 2001, 115 Stat. 620, provided that: "The Under Secretary of Transportation for Security [now
Administrator of the Transportation Security Administration] shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title
49, United States Code, as amended by subsection (a), as soon as is practicable. The Under Secretary may make or continue such
arrangements for the training of security screeners under that section as the Under Secretary determines necessary pending full
implementation of that section as so amended."

Improvement of Screener Job Performance
Pub. L. 108–458, title IV, §4015, Dec. 17, 2004, 118 Stat. 3720, provided that:
"(a) Required Action.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may

be necessary to improve the job performance of airport screening personnel.
"(b) Human Factors Study.—In carrying out this section, the Assistant Secretary shall provide, not later than 180 days after the date of the
enactment of this Act [Dec. 17, 2004], to the appropriate congressional committees a report on the results of any human factors study

conducted by the Department of Homeland Security to better understand problems in screener performance and to improve screener
performance."
[For definitions of "airport" and "appropriate congressional committees" used in section 4015 of Pub. L. 108–458, set out above, see section
4081 of Pub. L. 108–458, set out as a note under section 44901 of this title.]

Screener Personnel
Pub. L. 107–71, title I, §111(d), Nov. 19, 2001, 115 Stat. 620, as amended by Pub. L. 112–171, §1(a), Aug. 16, 2012, 126 Stat. 1306; Pub. L. 116–92,
div. F, title LXXVI, §7606, Dec. 20, 2019, 133 Stat. 2309, provided that:
"(1) General authority.—Except as provided in paragraph (2), and notwithstanding any other provision of law, the Under Secretary of
Transportation for Security [now Administrator of the Transportation Security Administration] may employ, appoint, discipline, terminate, and fix
the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary
determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code. The
Under Secretary shall establish levels of compensation and other benefits for individuals so employed.
"(2) Exceptions.—
"(A) Reemployment.—In carrying out the functions authorized under paragraph (1), the Under Secretary shall be subject to the
provisions set forth in chapter 43 of title 38, United States Code.
"(B) Leave.—The provisions of subchapter V of chapter 63 of title 5, United States Code, shall apply to any individual appointed under
paragraph (1) as if such individual were an employee (within the meaning of subparagraph (A) of section 6381(1) of such title)."
[Pub. L. 112–171, §1(b), Aug. 16, 2012, 126 Stat. 1306, provided that: "The amendments made by subsection (a) [amending section 111(d) of
Pub. L. 107–71, set out above] shall take effect on the date that is 270 days after the date of the enactment of this Act [Aug. 16, 2012]."]

Certification of Screening Companies
Pub. L. 104–264, title III, §302, Oct. 9, 1996, 110 Stat. 3250, provided that: "The Administrator of the Federal Aviation Administration is directed
to certify companies providing security screening and to improve the training and testing of security screeners through development of uniform
performance standards for providing security screening services."

Studies of Minimum Standards for Pilot Qualifications and of Pay for Training
Pub. L. 104–264, title V, §503, Oct. 9, 1996, 110 Stat. 3263, provided that the Administrator of the Federal Aviation Administration would appoint
a task force consisting of appropriate representatives of the aviation industry to study the development of standards and criteria for
preemployment screening tests measuring the psychomotor coordination, general intellectual capacity, instrument and mechanical
comprehension, and physical and mental fitness of applicants for employment as a pilot by an air carrier, the standards and criteria for pilot
training facilities to be licensed by the Administrator, and to determine if the practice of some air carriers to require employees or prospective
employees to pay for necessary training or experience was in the public interest; and provided that, not later than 1 year after Oct. 9, 1996, the
Administrator would send Congress a report on the results of the studies.

Study of Minimum Flight Time
Pub. L. 104–264, title V, §504, Oct. 9, 1996, 110 Stat. 3263, required the Administrator of the Federal Aviation Administration to conduct a study
to determine the sufficiency of existing minimum flight time requirements for individuals seeking employment as pilots with air carriers and to
report to Congress on the study results not later than 1 year after Oct. 9, 1996.
1 So in original. Two subsecs. (l) have been enacted.

§44936. Employment investigations and restrictions

(a) Employment Investigation Requirement.—(1)(A) The Administrator shall require by regulation that an employment investigation, including a criminal
history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent
determined practicable by the Administrator, shall be conducted of each individual employed in, or applying for, a position as a security screener under section
44935(e) or a position in which the individual has unescorted access, or may permit other individuals to have unescorted access, to—
(i) aircraft of an air carrier or foreign air carrier; or
(ii) a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier.
(B) The Administrator shall require by regulation that an employment investigation (including a criminal history record check and a review of available law
enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator) be conducted
for—
(i) individuals who are responsible for screening passengers or property under section 44901 of this title;
(ii) supervisors of the individuals described in clause (i);
(iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the
Administrator designates that serves an air carrier or foreign air carrier; and
(iv) such other individuals who exercise security functions associated with baggage or cargo, as the Administrator determines is necessary to ensure air
transportation security.
(C) Exemption.—An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is
exempted under section 107.31(m)(1) or (2) of title 14, Code of Federal Regulations, as in effect on November 22, 2000. The Administrator shall work with the
International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not
pose a threat to aviation or national security.
(2) An air carrier, foreign air carrier, airport operator, or government that employs, or authorizes or makes a contract for the services of, an individual in a
position described in paragraph (1) of this subsection shall ensure that the investigation the Administrator requires is conducted.
(3) The Administrator shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this
subsection.
(b) Prohibited Employment.—(1) Except as provided in paragraph (3) of this subsection, an air carrier, foreign air carrier, airport operator, or government
may not employ, or authorize or make a contract for the services of, an individual in a position described in subsection (a)(1) of this section if—
(A) the investigation of the individual required under this section has not been conducted; or
(B) the results of that investigation establish that, in the 10-year period ending on the date of the investigation, the individual was convicted (or found not
guilty by reason of insanity) of—
(i) a crime referred to in section 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving—
(I) willful destruction of property;
(II) importation or manufacture of a controlled substance;
(III) burglary;
(IV) theft;

(V) dishonesty, fraud, or misrepresentation;
(VI) possession or distribution of stolen property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a
felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or
(xv) conspiracy to commit any of the acts referred to in clauses (i) through (xiv).
(2) The Administrator may specify other factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this
section.
(3) An air carrier, foreign air carrier, airport operator, or government may employ, or authorize or contract for the services of, an individual in a position
described in subsection (a)(1) of this section without carrying out the investigation required under this section, if the Administrator approves a plan to employ the
individual that provides alternate security arrangements.
(c) Fingerprinting and Record Check Information.—(1) If the Administrator requires an identification and criminal history record check, to be conducted
by the Attorney General, as part of an investigation under this section, the Administrator shall designate an individual to obtain fingerprints and submit those
fingerprints to the Attorney General. The Attorney General may make the results of a check available to an individual the Administrator designates. Before
designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General. All Federal
agencies shall cooperate with the Administrator and the Administrator's designee in the process of collecting and submitting fingerprints.
(2) The Administrator shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used only to carry out this section.
(3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual—
(A) shall receive a copy of any record received from the Attorney General; and
(B) may complete and correct the information contained in the check before a final employment decision is made based on the check.
(d) Fees and Charges.—The Administrator and the Attorney General shall establish reasonable fees and charges to pay expenses incurred in carrying out
this section. The employer of the individual being investigated shall pay the costs of a record check of the individual. Money collected under this section shall be
credited to the account in the Treasury from which the expenses were incurred and are available to the Administrator and the Attorney General for those
expenses.
(e) When Investigation or Record Check Not Required.—This section does not require an investigation or record check when the investigation or record
check is prohibited by a law of a foreign country.
(f) Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1218; Pub. L. 104–264, title III, §§304(a), 306, title V, §502(a), Oct. 9, 1996, 110 Stat. 3251, 3252, 3259; Pub. L.
105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508, Apr. 5, 2000, 114 Stat. 140;
Pub. L. 106–528, §2(c), (d), Nov. 22, 2000, 114 Stat. 2517, 2518; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov. 19, 2001, 115
Stat. 603, 620, 639-641; Pub. L. 115–254, div. K, title I, §1991(d)(27), Oct. 5, 2018, 132 Stat. 3638.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
44936(a)

Source (U.S. Code)
49 App.:1357(g)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(g); added Nov. 16, 1990, Pub. L.

101–604, §105(a), 104 Stat. 3071.
Oct. 28, 1991, Pub. L. 102–143, §346, 105
Stat. 949.

49 App.:1357 (note).

44936(b)
44936(c)

49 App.:1357(g)(3).
49 App.:1357(g)(2) (less (A) (2d
sentence)).
49 App.:1357(g)(2)(A) (2d sentence),
(5).
49 App.:1357(g)(4).

44936(d)
44936(e)

In subsection (a), the text of section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law

102–143, 105 Stat. 949) is omitted as executed.

In subsection (a)(2), the words "shall ensure" are substituted for "shall take such actions as may be necessary to ensure" to eliminate
unnecessary words. The word "conducted" is substituted for "performed" for consistency in the revised title.
In subsection (b)(2), the words "The Administrator may specify" are substituted for "The Administrator may specify . . . the Administrator
determines" to eliminate unnecessary words. The words "prohibit the employment of an individual" are substituted for "make an individual
ineligible for employment" for clarity.
In subsection (b)(3), the words "may employ" are substituted for "It shall not be a violation of subparagraph (A) for . . . to employ" to
eliminate unnecessary words.
In subsection (c)(1), the words "Before designating an individual to obtain and submit fingerprints or receive results of a check, the
Administrator shall consult with the Attorney General" are substituted for "after consultation with the Attorney General" for clarity.
In subsection (c)(2), before clause (A), the words "For purposes of administering this subsection" are omitted as unnecessary. In clause (A),
the word "implement" is omitted as unnecessary because of the restatement. In clause (B), before subclause (ii), the word "establish" is
omitted as unnecessary because of the restatement. In subclause (ii), the words "to carry out this section" are substituted for "for the purposes
of this section" for clarity.
In subsection (e), the words "a law of a foreign country" are substituted for "applicable laws of a foreign government" for clarity and
consistency in the revised title and with other titles of the United States Code.
Pub. L. 105–102

This amends 49:44936(f)(1)(C) to reflect the redesignation of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of the Coast Guard
Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908).
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(27)(C), substituted "Administrator" for "Under Secretary" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(27)(A)(i), which directed substitution of "Administrator" for "Under Secretary of Transportation for

Security" wherever appearing, was executed by making the substitution for "Under Secretary of Transportation for Security" before "shall
require" and for "Under Secretary of Transportation for Transportation Security" after "determined practicable by the" in two places, to reflect
the probable intent of Congress.
Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(27)(A)(ii)(I), substituted ", shall be conducted" for ",, shall be conducted" in introductory
provisions.
Subsec. (a)(1)(C), (D). Pub. L. 115–254, §1991(d)(27)(A)(ii)(II), (iii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which
related to background checks of current employees.
Subsec. (c)(1). Pub. L. 115–254, §1991(d)(27)(B), substituted "Administrator's" for "Under Secretary's".

Subsec. (f). Pub. L. 115–254, §1991(d)(27)(D), added subsec. (f).
2001—Subsec. (a)(1)(A). Pub. L. 107–71, §138(a)(1), inserted "and a review of available law enforcement data bases and records of other
governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation
Security," after "record check" in introductory provisions.
Pub. L. 107–71, §111(b)(1), inserted "as a security screener under section 44935(e) or a position" after "a position" in introductory provisions.
Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted "Under Secretary" for "Administrator" and "of Transportation for
Security" for "of the Federal Aviation Administration".
Subsec. (a)(1)(A)(ii). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (a)(1)(B). Pub. L. 107–71, §138(a)(2), in introductory provisions, substituted "and a review of available law enforcement data bases
and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation
for Transportation Security" for "in any case described in subparagraph (C)".
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 107–71, §138(a)(3), substituted "are" for "will be".
Subsec. (a)(1)(B)(ii). Pub. L. 107–71, §138(a)(4), struck out "and" after semicolon.
Subsec. (a)(1)(B)(iii). Pub. L. 107–71, §138(a)(6), added cl. (iii). Former cl. (iii) redesignated (iv).
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (a)(1)(B)(iv). Pub. L. 107–71, §138(a)(5), redesignated cl. (iii) as (iv).
Subsec. (a)(1)(C). Pub. L. 107–71, §138(a)(7), (8), added subpar. (C) and struck out former subpar (C) which related to criminal history record
checks.
Subsec. (a)(1)(D). Pub. L. 107–71, §138(a)(7), (9), (10), redesignated subpar. (F) as (D), substituted "107.31(m)(1) or (2)" for "107.31(m)" and
"November 22, 2000. The Under Secretary shall work with the International Civil Aviation Organization and with appropriate authorities of
foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security" for "the
date of enactment of this subparagraph" and struck out former subpar. (D) which allowed a supervised employee to remain in position until
completion of record check.
Subsec. (a)(1)(E). Pub. L. 107–71, §138(a)(7), struck out subpar. (E) which related to criminal history record checks for screeners and others.
Subsec. (a)(1)(E)(iv). Pub. L. 107–71, §111(b)(2), struck out cl. (iv) which related to effective dates for subpar. (E).
Subsec. (a)(1)(F). Pub. L. 107–71, §138(a)(7), redesignated subpar. (F) as (D).
Subsec. (a)(2). Pub. L. 107–71, §§107(f)(7), 138(a)(11), substituted "carrier, airport operator, or government" for "carrier, or airport operator"
and "Under Secretary" for "Administrator".
Subsec. (a)(3). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b)(1). Pub. L. 107–71, §138(a)(12), substituted "carrier, airport operator, or government" for "carrier, or airport operator" in
introductory provisions.
Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b)(3). Pub. L. 107–71, §§101(f)(7), 138(a)(13), substituted "carrier, airport operator, or government" for "carrier, or airport operator"
and "Under Secretary" for "Administrator".
Subsec. (c)(1). Pub. L. 107–71, §138(a)(14), inserted at end "All Federal agencies shall cooperate with the Under Secretary and the Under
Secretary's designee in the process of collecting and submitting fingerprints."
Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.
Subsec. (c)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.
Subsec. (d). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.
Subsecs. (f) to (h). Pub. L. 107–71, §§138(b)(1), 140(a)(1), amended section identically, redesignating subsecs. (f) to (h) as (h) to (j),
respectively, of section 44703 of this title.
2000—Subsec. (a)(1)(A). Pub. L. 106–528, §2(c)(1), in introductory provisions, struck out ", as the Administrator decides is necessary to
ensure air transportation security," after "shall be conducted".
Subsec. (a)(1)(C)(v). Pub. L. 106–181, §508(a), added cl. (v).

Subsec. (a)(1)(D). Pub. L. 106–528, §2(c)(2), substituted "in the position for which the individual applied" for "as a screener".
Subsec. (a)(1)(E), (F). Pub. L. 106–528, §2(c)(3), added subpars. (E) and (F).
Subsec. (b)(1)(B). Pub. L. 106–528, §2(d)(1), inserted "(or found not guilty by reason of insanity)" after "convicted" in introductory provisions.
Subsec. (b)(1)(B)(xi). Pub. L. 106–528, §2(d)(2), inserted "or felony unarmed" after "armed".
Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106–528, §2(d)(3)–(5), added cls. (xiii) and (xiv), redesignated former cl. (xiii) as (xv), and in cl. (xv)
substituted "clauses (i) through (xiv)" for "clauses (i)–(xii) of this paragraph".
Subsec. (f)(1)(B). Pub. L. 106–181, §508(b)(1), inserted "(except a branch of the United States Armed Forces, the National Guard, or a
reserve component of the United States Armed Forces)" after "other person" in introductory provisions.
Subsec. (f)(1)(B)(ii). Pub. L. 106–181, §508(b)(2), substituted "individual's performance as a pilot" for "individual" in introductory provisions.
Subsec. (f)(5). Pub. L. 106–181, §508(b)(3), inserted before period at end of first sentence "; except that, for purposes of paragraph (15), the
Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for
records requested under paragraph (1)(A)".
Subsec. (f)(13). Pub. L. 106–181, §508(b)(4)(A), substituted "shall" for "may" in introductory provisions.
Subsec. (f)(13)(A)(i). Pub. L. 106–181, §508(b)(4)(B), inserted "and disseminated under paragraph (15)" after "requested under paragraph
(1)".
Subsec. (f)(14)(B). Pub. L. 106–181, §508(b)(5), inserted "or from a foreign government or entity that employed the individual" after "exists".
Subsec. (f)(15). Pub. L. 106–181, §508(b)(6), added par. (15).
1997—Subsec. (f)(1). Pub. L. 105–142, §1(1), substituted "Subject to paragraph (14), before allowing an individual to begin service" for
"Before hiring an individual" in introductory provisions.
Subsec. (f)(1)(B). Pub. L. 105–142, §1(2), inserted "as a pilot of a civil or public aircraft" before "at any time" in introductory provisions.
Subsec. (f)(1)(C). Pub. L. 105–102 substituted "section 30305(b)(8) of this title" for "section 30305(b)(7)".
Subsec. (f)(4). Pub. L. 105–142, §1(3), inserted "and air carriers" after "Administrator" and substituted "paragraphs (1)(A) and (1)(B)" for
"paragraph (1)(A)".
Subsec. (f)(5). Pub. L. 105–142, §1(4), substituted "this subsection" for "this paragraph".
Subsec. (f)(10). Pub. L. 105–142, §1(5), inserted "who is or has been" before "employed" and ", but not later than 30 days after the date" after
"reasonable time".
Subsec. (f)(14). Pub. L. 105–142, §1(6), added par. (14).
1996—Subsec. (a)(1). Pub. L. 104–264, §304(a), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) of
par. (1) as cls. (i) and (ii) of subpar. (A), respectively, and added subpars. (B) to (D).
Subsec. (a)(3). Pub. L. 104–264, §306, added par. (3).
Subsecs. (f) to (h). Pub. L. 104–264, §502(a), added subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of

this title.

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

Effective Date of 1996 Amendment
Pub. L. 104–264, title III, §304(b), Oct. 9, 1996, 110 Stat. 3252, provided that: "The amendment made by subsection (a)(3) [amending this
section] shall apply to individuals hired to perform functions described in section 44936(a)(1)(B) of title 49, United States Code, after the date of the
enactment of this Act [Oct. 9, 1996]; except that the Administrator of the Federal Aviation Administration may, as the Administrator determines

to be appropriate, require such employment investigations or criminal history records checks for individuals performing those functions on the
date of the enactment of this Act."
Amendment by section 502(a) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first
received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section
30305 of this title.
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.

Criminal History Record Checks
Pub. L. 106–528, §2(a), (b), Nov. 22, 2000, 114 Stat. 2517, provided that:
"(a) Expansion of FAA Electronic Pilot Program.—
"(1) In general.—Not later than 2 years after the date of enactment of this Act [Nov. 22, 2000], the Administrator of the Federal Aviation

Administration shall develop, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, the pilot
program for individual criminal history record checks (known as the electronic fingerprint transmission pilot project) into an aviation industrywide program.
"(2) Limitation.—The Administrator shall not require any airport, air carrier, or screening company to participate in the program
described in subsection (a) if the airport, air carrier, or screening company determines that it would not be cost effective for it to participate in
the program and notifies the Administrator of that determination.
"(b) Application of Expanded Program.—
"(1) Interim report.—Not later than 1 year after the date of enactment of this Act [Nov. 22, 2000], the Administrator shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives a report describing the status of the Administrator's efforts to utilize the program described in subsection (a).
"(2) Notification concerning sufficiency of operation.—If the Administrator determines that the program described in subsection (a) is
not sufficiently operational 2 years after the date of enactment of this Act to permit its utilization in accordance with subsection (a), the
Administrator shall notify the committees referred to in paragraph (1) of that determination."

§44937. Prohibition on transferring duties and powers
Except as specifically provided by law, the Administrator of the Transportation Security Administration may not transfer a duty or power under section
44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States
Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1219; Pub. L. 103–429, §6(57), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19,
2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(28), Oct. 5, 2018, 132 Stat. 3639.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
44937

Source (U.S. Code)
49 App.:1357(e)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(e)(1); added Aug. 5, 1974, Pub. L.
93–366, §202, 88 Stat. 417.

The word "otherwise" is omitted as surplus. The word "assigned" is omitted as being included in "transfer". The word "function" is omitted as
being included in "duty or power". The words "department, agency, or instrumentality of the United States Government" are substituted for

"Federal department or agency" for clarity and consistency in the revised title and with other titles of the United States Code.
Pub. L. 103–429

This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.
1219).
Editorial Notes

Amendments
2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for
Security".
2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".
1994—Pub. L. 103–429 substituted "44906" for "44906(a)(1) or (b)".
Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§44938. Reports
(a) Transportation Security.—Not later than March 31 of each year, the Secretary of Homeland Security shall submit to Congress a report on
transportation security with recommendations the Secretary considers appropriate. The report shall be prepared in conjunction with the biennial report the
Administrator of the Transportation Security Administration submits under subsection (b) of this section in each year the Administrator of the Transportation
Security Administration submits the biennial report, but may not duplicate the information submitted under subsection (b) or section 44907(a)(3) of this title. The
Secretary may submit the report in classified and unclassified parts. The report shall include—
(1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation;
(2) an evaluation of deployment of explosive detection devices;
(3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development
activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this
title;
(4) identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government;
(5) an evaluation of cooperation with foreign transportation and security authorities;
(6) the status of the extent to which the recommendations of the President's Commission on Aviation Security and Terrorism have been carried out and the
reasons for any delay in carrying out those recommendations;
(7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report;
(8) financial and staffing requirements of the Director;
(9) an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Administrator of
the Transportation Security Administration related to security; and
(10) appropriate legislative and regulatory recommendations.
(b) Screening and Foreign Air Carrier and Airport Security.—The Administrator of the Transportation Security Administration shall submit biennially to
Congress a report—
(1) on the effectiveness of procedures under section 44901 of this title;
(2) that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and

(3) that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each
foreign air carrier security program at airports outside the United States—
(A) at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air
transportation security; and
(B) for which extraordinary security measures are in place.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1220; Pub. L. 103–305, title V, §502, Aug. 23, 1994, 108 Stat. 1595; Pub. L. 105–362, title XV, §1502(b), Nov.
10, 1998, 112 Stat. 3295; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(29), Oct. 5, 2018, 132
Stat. 3639.)
Historical and Revision Notes
Revised
Section
44938(a)

Source (U.S. Code)
49 App.:1356(b).

44938(b)(1), (2)

49 App.:1356(a) (3d sentence 1st–
18th words, last sentence).

44938(b)(3)

49 App.:1357(k)(4).

44938(c)

49 App.:1357 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§315(b); added Nov. 16, 1990, Pub. L.
101–604, §102(a), 104 Stat. 3068.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§315(a) (3d sentence 1st–18th words, last
sentence); added Aug. 5, 1974, Pub. L.
93–366, §202, 88 Stat. 415; Aug. 8, 1985,
Pub. L. 99–83, §551(b)(1), 99 Stat. 225;
Nov. 16, 1990, Pub. L. 101–604, §102(b),
104 Stat. 3069.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§316(k)(4); added Nov. 16, 1990, Pub. L.
101–604, §105(a), 104 Stat. 3074.
Nov. 16, 1990, Pub. L. 101–604, §106(d),
104 Stat. 3075.

In subsection (a), before clause (1), the words "each year" are substituted for "of calendar year 1991 and of each calendar year thereafter"
to eliminate unnecessary words. In clauses (8) and (9), the word "financial" is substituted for "funding" for clarity and consistency in the revised
title and with other titles of the United States Code.
In subsection (b)(1), the word "screening" is omitted as surplus.
In subsection (b)(2), the words "a summary of the assessments conducted under section 44907(a)(1) and (2) of this title" are substituted for
"the information described in section 1515(c) of this Appendix" for clarity.
In subsection (b)(3), before clause (A), the words "that includes" are substituted for "The Administrator shall submit to Congress as part of
the annual report required by section 315(a)" because of the restatement.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(29)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(d)(29)(A), substituted "Secretary of Homeland Security" for "Secretary of Transportation" and
"Administrator of the Transportation Security Administration submits under subsection (b)" for "Under Secretary of Transportation for Security
submits under subsection (b)" in introductory provisions.

2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted "Under Secretary" for "Administrator" in two places
and "of Transportation for Security" for "of the Federal Aviation Administration".
Subsec. (a)(9). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions and par. (3)(A).
1998—Subsec. (a). Pub. L. 105–362, §1502(b)(1), in second sentence of introductory provisions, substituted "biennial report" for "annual
report" and inserted "in each year the Administrator submits the biennial report" after "subsection (b) of this section".
Subsec. (b). Pub. L. 105–362, §1502(b)(2), substituted "biennially" for "annually" in introductory provisions.
Subsec. (c). Pub. L. 105–362, §1502(b)(3), struck out heading and text of subsec. (c). Text read as follows: "The Administrator shall submit to
Congress an annual report for each of the calendar years 1991 and 1992 on the progress being made, and the problems occurring, in carrying
out section 44904 of this title. The report shall include recommendations for improving domestic air transportation security."
1994—Subsec. (a). Pub. L. 103–305 substituted "March 31" for "December 31".
Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular
periodic report listed in House Document No. 103–7 (in which the 8th item on page 132 and the 11th item on page 138 identify reporting
provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b)(1), (2) of this section), see section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§44939. Training to operate certain aircraft
(a) Waiting Period.—A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide
training in the operation of any aircraft having a maximum certificated takeoff weight of more than 12,500 pounds to an alien (as defined in section 101(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if—
(1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the Secretary, in such form as the
Secretary may prescribe, the following information about the alien or individual:
(A) full name, including any aliases used by the applicant or variations in spelling of the applicant's name;
(B) passport and visa information;
(C) country of citizenship;
(D) date of birth;
(E) dates of training; and
(F) fingerprints collected by, or under the supervision of, a Federal, State, or local law enforcement agency or by another entity approved by the Federal
Bureau of Investigation or the Secretary of Homeland Security, including fingerprints taken by United States Government personnel at a United States
embassy or consulate; and
(2) the Secretary has not directed, within 30 days after being notified under paragraph (1), that person not to provide the requested training because the
Secretary has determined that the individual presents a risk to aviation or national security.
(b) Interruption of Training.—If the Secretary of Homeland Security, more than 30 days after receiving notification under subsection (a) from a person
providing training described in subsection (a), determines that the individual presents a risk to aviation or national security, the Secretary shall immediately notify
the person providing the training of the determination and that person shall immediately terminate the training.
(c) Notification.—A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training
in the operation of any aircraft having a maximum certificated takeoff weight of 12,500 pounds or less to an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if that person has notified

the Secretary that the individual has requested such training and furnished the Secretary with that individual's identification in such form as the Secretary may
require.
(d) Expedited Processing.—The Secretary of Homeland Security shall establish a process to ensure that the waiting period under subsection (a) shall not
exceed 5 days for an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who—
(1) holds an airman's certification of a foreign country that is recognized by an agency of the United States, including a military agency, that permits an
individual to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds;
(2) is employed by a foreign air carrier that is certified under part 129 of title 14, Code of Federal Regulations, and that has a security program approved
under section 1546 of title 49, Code of Federal Regulations;
(3) is an individual that has unescorted access to a secured area of an airport designated under section 44936(a)(1)(A)(ii); or
(4) is an individual that is part of a class of individuals that the Secretary has determined that providing aviation training to presents minimal risk to aviation
or national security because of the aviation training already possessed by such class of individuals.
(e) Training.—In subsection (a), the term "training" means training received from an instructor in an aircraft or aircraft simulator and does not include
recurrent training, ground training, or demonstration flights for marketing purposes.
(f) Nonapplicability to Certain Foreign Military Pilots.—The procedures and processes required by subsections (a) through (d) shall not apply to a
foreign military pilot endorsed by the Department of Defense for flight training in the United States and seeking training described in subsection (e) in the United
States.
(g) Fee.—
(1) In general.—The Secretary of Homeland Security may assess a fee for an investigation under this section, which may not exceed $100 per individual
(exclusive of the cost of transmitting fingerprints collected at overseas facilities) during fiscal years 2003 and 2004. For fiscal year 2005 and thereafter, the
Secretary may adjust the maximum amount of the fee to reflect the costs of such an investigation.
(2) Offset.—Notwithstanding section 3302 of title 31, any fee collected under this section—
(A) shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Secretary for those expenses;
and
(B) shall remain available until expended.
(h) Interagency Cooperation.—The Attorney General, the Director of Central Intelligence, and the Administrator of the Federal Aviation Administration shall
cooperate with the Secretary in implementing this section.
(i) Security Awareness Training for Employees.—The Secretary shall require flight schools to conduct a security awareness program for flight school
employees to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school.
(Added Pub. L. 107–71, title I, §113(a), Nov. 19, 2001, 115 Stat. 622; amended Pub. L. 108–176, title VI, §612(a), Dec. 12, 2003, 117 Stat. 2572; Pub. L. 115–
254, div. K, title I, §1991(d)(30), Oct. 5, 2018, 132 Stat. 3639.)
Editorial Notes

Amendments
2018—Subsec. (d). Pub. L. 115–254 substituted "The Secretary of Homeland Security" for "Not later than 60 days after the date of enactment
of this section, the Secretary" in introductory provisions.
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of
subsecs. (a) to (d) relating to waiting period for training, interruption of training, covered training, and security awareness training for
employees.
Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–176, title VI, §612(c), Dec. 12, 2003, 117 Stat. 2574, provided that: "The amendment made by subsection (a) [amending this
section] takes effect on the effective date of the interim final rule required by subsection (b)(1) [set out below] [rule effective Sept. 20, 2004,
see 69 F.R. 56323]."

Effective Date
Pub. L. 107–71, title I, §113(d), Nov. 19, 2001, 115 Stat. 622, provided that: "The amendment made by subsection (a) [enacting this section]
applies to applications for training received after the date of enactment of this Act [Nov. 19, 2001]."

Implementation
Pub. L. 108–176, title VI, §612(b), Dec. 12, 2003, 117 Stat. 2574, provided that:
"(1) In general.—Not later than 60 days after the date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall
promulgate an interim final rule to implement section 44939 of title 49, United States Code, as amended by subsection (a).
"(2) Use of overseas facilities.—In order to implement section 44939 of title 49, United States Code, as amended by subsection (a), United

States Embassies and Consulates that possess appropriate fingerprint collection equipment and personnel certified to capture fingerprints
shall provide fingerprint services to aliens covered by that section if the Secretary requires fingerprints in the administration of that section, and
shall transmit the fingerprints to the Secretary or other agency designated by the Secretary. The Attorney General and the Secretary of State
shall cooperate with the Secretary of Homeland Security in carrying out this paragraph.
"(3) Use of united states facilities.—If the Secretary of Homeland Security requires fingerprinting in the administration of section 44939 of title
49, United States Code, the Secretary may designate locations within the United States that will provide fingerprinting services to individuals
covered by that section."

Report
Pub. L. 108–176, title VI, §612(d), Dec. 12, 2003, 117 Stat. 2574, provided that, not later than 1 year after Dec. 12, 2003, the Secretary of
Homeland Security would submit to Congress a report on the effectiveness of the activities carried out under this section in reducing risks to
aviation and national security.

International Cooperation
Pub. L. 107–71, title I, §113(c), Nov. 19, 2001, 115 Stat. 622, provided that: "The Secretary of Transportation, in consultation with the Secretary
of State, shall work with the International Civil Aviation Organization and the civil aviation authorities of other countries to improve international
aviation security through screening programs for flight instruction candidates."

§44940. Security service fee
(a) General Authority.—
(1) Passenger fees.—The Administrator of the Transportation Security Administration shall impose a uniform fee, on passengers of air carriers and foreign
air carriers in air transportation and intrastate air transportation originating at airports in the United States, to pay for the following costs of providing civil
aviation security services:
(A) Salary, benefits, overtime, retirement and other costs of screening personnel, their supervisors and managers, and Federal law enforcement
personnel deployed at airport security screening locations under section 44901.
(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.
(C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals program.
(E) The costs of performing civil aviation security research and development under this title.
(F) The costs of Federal Security Managers under section 44903.
(G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h).

(H) The costs of security-related capital improvements at airports.
(I) The costs of training pilots and flight attendants under sections 44918 and 44921.
(2) Determination of costs.—
(A) In general.—The amount of the costs under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and
shall not be subject to judicial review.
(B) Definition of federal law enforcement personnel.—For purposes of paragraph (1)(A), the term "Federal law enforcement personnel" includes
State and local law enforcement officers who are deputized under section 44922.
(b) Schedule of Fees.—In imposing fees under subsection (a), the Administrator of the Transportation Security Administration shall ensure that the fees are
reasonably related to the Transportation Security Administration's costs of providing services rendered.
(c) Limitation on Fee.—
(1) Amount.—Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an
airport in the United States, except that the fee imposed per round trip shall not exceed $11.20.
(2) Definition of round trip.—In this subsection, the term "round trip" means a trip on an air travel itinerary that terminates or has a stopover at the origin
point (or co-terminal).
(3) Offsetting collections.—Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting
collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended.
(d) Imposition of Fee.—
(1) In general.—Notwithstanding section 9701 of title 31 and the procedural requirements of section 553 of title 5, the Administrator of the Transportation
Security Administration shall impose the fee under subsection (a)(1) through the publication of notice of such fee in the Federal Register and begin collection
of the fee as soon as possible.
(2) Special rules passenger fees.—A fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection shall apply
only to tickets sold after the date on which such fee is imposed. If a fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this
subsection on transportation of a passenger of a carrier described in subsection (a)(1) is not collected from the passenger, the amount of the fee shall be paid
by the carrier.
(3) Subsequent modification of fee.—After imposing a fee in accordance with paragraph (1), the Administrator of the Transportation Security
Administration may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both.
(4) Limitation on collection.—No fee may be collected under this section, other than subsection (i), except to the extent that the expenditure of the fee to
pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act or in section 44923.
(e) Administration of Fees.—
(1) Fees payable to administrator.—All fees imposed and amounts collected under this section are payable to the Administrator of the Transportation
Security Administration.
(2) Fees collected by air carrier.—A fee imposed under subsection (a)(1) shall be collected by the air carrier or foreign air carrier that sells a ticket for
transportation described in subsection (a)(1).
(3) Due date for remittance.—A fee collected under this section shall be remitted on the last day of each calendar month by the carrier collecting the fee.
The amount to be remitted shall be for the calendar month preceding the calendar month in which the remittance is made.
(4) Information.—The Administrator of the Transportation Security Administration may require the provision of such information as the Administrator of the
Transportation Security Administration decides is necessary to verify that fees have been collected and remitted at the proper times and in the proper
amounts.
(5) Fee not subject to tax.—For purposes of section 4261 of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed under this section shall
not be considered to be part of the amount paid for taxable transportation.
(6) Cost of collecting fee.—No portion of the fee collected under this section may be retained by the air carrier or foreign air carrier for the costs of
collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance.
(f) Receipts Credited as Offsetting Collections.—Notwithstanding section 3302 of title 31, any fee collected under this section—

(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
(2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
(3) shall remain available until expended.
(g) Refunds.—The Administrator of the Transportation Security Administration may refund any fee paid by mistake or any amount paid in excess of that
required.
(h) Exemptions.—The Administrator of the Transportation Security Administration may exempt from the passenger fee imposed under subsection (a)(1) any
passenger enplaning at an airport in the United States that does not receive screening services under section 44901 for that segment of the trip for which the
passenger does not receive screening.
(i) Deposit of Receipts in General Fund.—
(1) In general.—Beginning in fiscal year 2014, out of fees received in a fiscal year under subsection (a)(1), after amounts are made available in the fiscal
year under section 44923(h), the next funds derived from such fees in the fiscal year, in the amount specified for the fiscal year in paragraph (4), shall be
credited as offsetting receipts and deposited in the general fund of the Treasury.
(2) Fee levels.—The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect in a fiscal year at least the
amount specified in paragraph (4) for the fiscal year for making deposits under paragraph (1).
(3) Relationship to other provisions.—Subsections (b) and (f) shall not apply to amounts to be used for making deposits under this subsection.
(4) Fiscal year amounts.—For purposes of paragraphs (1) and (2), the fiscal year amounts are as follows:
(A) $1,320,000,000 for fiscal year 2018.
(B) $1,360,000,000 for fiscal year 2019.
(C) $1,400,000,000 for fiscal year 2020.
(D) $1,440,000,000 for fiscal year 2021.
(E) $1,480,000,000 for fiscal year 2022.
(F) $1,520,000,000 for fiscal year 2023.
(G) $1,560,000,000 for fiscal year 2024.
(H) $1,600,000,000 for fiscal year 2025.
(M) 1 $1,640,000,000 for fiscal year 2026.
(N) 1 $1,680,000,000 for fiscal year 2027.
(Added Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625; amended Pub. L. 108–7, div. I, title III, §351(b), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–
176, title VI, §605(b)(1), (2), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 110–53, title XVI, §1601, Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E, title V, §540,
Dec. 26, 2007, 121 Stat. 2079; Pub. L. 113–67, div. A, title VI, §601(a)(1), (2), (b), (c), Dec. 26, 2013, 127 Stat. 1187; Pub. L. 113–294, §1(a), Dec. 19, 2014, 128
Stat. 4009; Pub. L. 114–41, title III, §3001, July 31, 2015, 129 Stat. 460; Pub. L. 115–123, div. C, title II, §30202, Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–254,
div. K, title I, §§1940, 1991(d)(31), Oct. 5, 2018, 132 Stat. 3582, 3639.)
Editorial Notes

Codification
Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625, which directed the addition of section 44940 at end of subchapter II of chapter 449
without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable
intent of Congress.

Amendments
2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(31)(A)(i)(II), struck out concluding provisions which read as follows: "The amount of such
costs shall be determined by the Under Secretary and shall not be subject to judicial review. For purposes of subparagraph (A), the term
'Federal law enforcement personnel' includes State and local law enforcement officers who are deputized under section 44922."
Pub. L. 115–254, §1991(d)(31)(A)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of
Transportation for Security" in introductory provisions.

Subsec. (a)(2). Pub. L. 115–254, §1991(d)(31)(A)(ii), added par. (2).
Subsec. (b). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (c)(3). Pub. L. 115–254, §1940, added par. (3).
Subsec. (d)(1). Pub. L. 115–254, §1991(d)(31)(C)(i), struck out "within 60 days of the date of enactment of this Act, or" after "of the fee" and
"thereafter" before period at end.
Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (d)(2). Pub. L. 115–254, §1991(d)(31)(C)(ii), substituted "paragraph (1) of this subsection" for "subsection (d)" in two places.
Subsec. (d)(3). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary".
Subsec. (e)(1). Pub. L. 115–254, §1991(d)(31)(D), substituted "Fees payable to Administrator" for "Fees payable to Under Secretary" in
heading.
Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".
Subsec. (e)(4). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary" in two places.
Subsecs. (g), (h). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary".
Subsec. (i)(4)(A) to (L). Pub. L. 115–254, §1991(d)(31)(E), redesignated subpars. (E) to (L) as (A) to (H), respectively, and struck out former
subpars. (A) to (D) which read as follows:
"(A) $390,000,000 for fiscal year 2014.
"(B) $1,190,000,000 for fiscal year 2015.
"(C) $1,250,000,000 for fiscal year 2016.
"(D) $1,280,000,000 for fiscal year 2017."
Subsec. (i)(4)(M), (N). Pub. L. 115–123 added subpars. (M) and (N).
2015—Subsec. (i)(4)(K), (L). Pub. L. 114–41 added subpars. (K) and (L).
2014—Subsec. (c). Pub. L. 113–294 amended subsec. (c) generally. Prior to amendment, text read as follows: "Fees imposed under
subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United
States."
2013—Subsec. (a)(2). Pub. L. 113–67, §601(a)(1), struck out par. (2) which related to fees on air carriers and foreign air carriers engaged in
air transportation and intrastate air transportation.
Subsec. (c). Pub. L. 113–67, §601(b), amended subsec. (c) generally. Prior to amendment, text read as follows: "Fees imposed under
subsection (a)(1) may not exceed $2.50 per enplanement in air transportation or intrastate air transportation that originates at an airport in the
United States, except that the total amount of such fees may not exceed $5.00 per one-way trip."
Subsec. (d)(1). Pub. L. 113–67, §601(a)(2), struck out ", and may impose a fee under subsection (a)(2)," after "under subsection (a)(1)".
Subsec. (i). Pub. L. 113–67, §601(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to the Checkpoint Screening
Security Fund.
2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which directed amendment of subsec. (a)(2) "by striking the period in the last sentence of
subparagraph (A) and the clause (iv) of subparagraph B and adding the following, 'except for estimates and additional collections made
pursuant to the appropriation for Aviation Security in Public Law 108–334: Provided, That such judicial review shall be pursuant to section 46110 of
title 49, United States Code: Provided further, That such judicial review shall be limited only to additional amounts collected by the Secretary before
October 1, 2007.' ", was executed by substituting the quoted language directed to be added for the period at the end of last sentence of
subpar. (A) and for the period at the end of cl. (iv) of subpar. (B), to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 110–53, §1601(1), inserted ", other than subsection (i)," before "except to".
Subsec. (i). Pub. L. 110–53, §1601(2), added subsec. (i).
2003—Subsec. (a)(1). Pub. L. 108–7 inserted at end of concluding provisions "For purposes of subparagraph (A), the term 'Federal law
enforcement personnel' includes State and local law enforcement officers who are deputized under section 44922."
Subsec. (a)(1)(H), (I). Pub. L. 108–176, §605(b)(1), added subpars. (H) and (I).

Subsec. (d)(4). Pub. L. 108–176, §605(b)(2), substituted "appropriations Act or in section 44923" for "appropriations Act".
Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment
Pub. L. 113–294, §1(b), Dec. 19, 2014, 128 Stat. 4009, provided that: "The amendment made by subsection (a) [amending this section] shall
apply with respect to a trip in air transportation or intrastate air transportation that is purchased on or after the date of the enactment of this Act
[Dec. 19, 2014]."

Effective Date of 2013 Amendment
Pub. L. 113–67, div. A, title VI, §601(a)(3), Dec. 26, 2013, 127 Stat. 1187, provided that: "The repeal made by paragraph (1) [amending this
section] and the amendment made by paragraph (2) [amending this section] shall each take effect on October 1, 2014."

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

Deemed References to Chapters 509 and 511 of Title 51
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see
section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Imposition of Fee Increase
Pub. L. 113–67, div. A, title VI, §601(d), Dec. 26, 2013, 127 Stat. 1188, provided that: "The Secretary of Homeland Security shall implement the
fee increase authorized by the amendment made by subsection (b) [amending this section]—
"(1) beginning on July 1, 2014; and
"(2) through the publication of notice of such fee in the Federal Register, notwithstanding section 9701 of title 31, United States Code, and
the procedural requirements of section 553 of title 5, United States Code."

Continued Availability of Existing Balances
Pub. L. 113–67, div. A, title VI, §601(e), Dec. 26, 2013, 127 Stat. 1188, provided that: "The amendments made by this section [amending this
section] shall not affect the availability of funds made available under section 44940(i) of title 49, United States Code, before the date of enactment
of this Act [Dec. 26, 2013]."
1 So in original.

§44941. Immunity for reporting suspicious activities
(a) In General.—Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any
suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by
section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the
Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under
any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure.
(b) Application.—Subsection (a) shall not apply to—
(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or

(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
(Added Pub. L. 107–71, title I, §125(a), Nov. 19, 2001, 115 Stat. 631; amended Pub. L. 115–254, div. K, title I, §1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.)
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254 inserted "the Department of Homeland Security," after "Department of Transportation,".

§44942. Performance goals and objectives
(a) Short Term Transition.—
(1) In general.—The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress—
(A) establish acceptable levels of performance for aviation security, including screening operations and access control; and
(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved.
(2) Basics of action plan.—The action plan shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation
Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.
(b) Long-Term Results-Based Management.—
(1) Performance plan.—
(A) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security
and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes
measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals.
(B) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary of Homeland Security, the
Administrator of the Transportation Security Administration, and any other agency or organization that may have a role in ensuring the safety and security of
the civil air transportation system.
(2) Performance report.—Each year, consistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall
prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results
achieved during the year relative to the goals established in the performance plan.
(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 633; amended Pub. L. 115–254, div. K, title I, §1991(d)(33), Oct. 5, 2018, 132 Stat. 3640.)
Editorial Notes

References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (b), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which
enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and
sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and
1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31
and Tables.

Amendments
2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(33)(A)(i)(I), in introductory provisions, substituted "The Administrator of the Transportation
Security Administration may, in consultation with other relevant Federal agencies and" for "Within 180 days after the date of enactment of the

Aviation and Transportation Security Act, the Under Secretary for Transportation Security may, in consultation with".
Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(33)(A)(i)(II), substituted "; and" for ", and".
Subsec. (a)(2). Pub. L. 115–254, §1991(d)(33)(A)(ii), inserted comma after "Federal Aviation Administration".
Subsec. (b). Pub. L. 115–254, §1991(d)(33)(B)(i), (ii), struck out par. (1) designation and heading "Performance plan and report" and
redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively.
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(33)(B)(iii)(I), redesignated cls. (i) and (ii) of former par. (1)(A) as subpars. (A) and (B), respectively,
of par. (1).
Subsec. (b)(1)(A). Pub. L. 115–254, §1991(d)(33)(B)(iii)(II), substituted "the Secretary of Homeland Security and the Administrator of the
Transportation Security Administration shall agree" for "the Secretary and the Under Secretary for Transportation Security shall agree".
Subsec. (b)(1)(B). Pub. L. 115–254, §1991(d)(33)(B)(iii)(III), substituted "the Secretary of Homeland Security, the Administrator of the
Transportation Security Administration," for "the Secretary, the Under Secretary for Transportation Security".
Subsec. (b)(2). Pub. L. 115–254, §1991(d)(33)(B)(iv), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary for Transportation Security".

§44943. Performance management system
(a) Establishing a Fair and Equitable System for Measuring Staff Performance.—The Administrator of the Transportation Security Administration
shall establish a performance management system which strengthens the organization's effectiveness by providing for the establishment of goals and objectives
for managers, employees, and organizational performance consistent with the performance plan.
(b) Establishing Management Accountability for Meeting Performance Goals.—
(1) In general.—Each year, the Secretary of Homeland Security and Administrator of the Transportation Security Administration shall enter into an annual
performance agreement that shall set forth organizational and individual performance goals for the Administrator of the Transportation Security Administration.
(2) Goals.—Each year, the Administrator of the Transportation Security Administration and each senior manager who reports to the Administrator shall
enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the
authority of the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those employees.
(c) Performance-Based Service Contracting.—To the extent contracts, if any, are used to implement the Aviation and Transportation Security Act (Public
Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration shall, to the extent practical, maximize the use of performancebased service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.
(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 634; amended Pub. L. 115–254, div. K, title I, §1991(d)(34), Oct. 5, 2018, 132 Stat. 3640.)
Editorial Notes

References in Text
The Aviation and Transportation Security Act, referred to in subsec. (c), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete
classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(d)(34)(A), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary for Transportation Security".
Subsec. (b)(1). Pub. L. 115–254, §1991(d)(34)(B)(i), substituted "Secretary of Homeland Security and Administrator of the Transportation
Security Administration" for "Secretary and Under Secretary of Transportation for Security" and "for the Administrator of the Transportation
Security Administration" for "for the Under Secretary".

Subsec. (b)(2). Pub. L. 115–254, §1991(d)(34)(B)(ii), substituted "Administrator of the Transportation Security Administration and" for "Under
Secretary and" and, in two places, substituted "Administrator shall" for "Under Secretary shall".
Subsec. (c). Pub. L. 115–254, §1991(d)(34)(C), substituted "Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the
Administrator of the Transportation Security Administration" for "Aviation Security Act, the Under Secretary for Transportation Security".

§44944. Voluntary provision of emergency services
(a) Program for Provision of Voluntary Services.—
(1) Program.—The Administrator of the Transportation Security Administration shall carry out a program to permit qualified law enforcement officers,
firefighters, and emergency medical technicians to provide emergency services on commercial air flights during emergencies.
(2) Requirements.—The Administrator of the Transportation Security Administration shall establish such requirements for qualifications of providers of
voluntary services under the program under paragraph (1), including training requirements, as the Administrator of the Transportation Security Administration
considers appropriate.
(3) Confidentiality of registry.—If as part of the program under paragraph (1) the Administrator of the Transportation Security Administration requires or
permits registration of law enforcement officers, firefighters, or emergency medical technicians who are willing to provide emergency services on commercial
flights during emergencies, the Administrator of the Transportation Security Administration shall take appropriate actions to ensure that the registry is available
only to appropriate airline personnel and otherwise remains confidential.
(4) Consultation.—The Administrator of the Transportation Security Administration shall consult with the Administrator of the Federal Aviation
Administration, appropriate representatives of the commercial airline industry, and organizations representing community-based law enforcement, firefighters,
and emergency medical technicians, in carrying out the program under paragraph (1), including the actions taken under paragraph (3).
(b) Exemption From Liability.—An individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or
omission of the individual in providing or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual
meets such qualifications as the Administrator of the Transportation Security Administration shall prescribe for purposes of this section.
(c) Exception.—The exemption under subsection (b) shall not apply in any case in which an individual provides, or attempts to provide, assistance described
in that paragraph in a manner that constitutes gross negligence or willful misconduct.
(Added Pub. L. 107–71, title I, §131(a), Nov. 19, 2001, 115 Stat. 635; amended Pub. L. 115–254, div. K, title I, §1991(d)(35), Oct. 5, 2018, 132 Stat. 3641.)
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(d)(35)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a)(1). Pub. L. 115–254, §1991(d)(35)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Transportation Security".
Subsec. (a)(4). Pub. L. 115–254, §1991(d)(35)(A)(ii), inserted "the Administrator of the Federal Aviation Administration," after "consult with".
Statutory Notes and Related Subsidiaries

Construction
Pub. L. 107–71, title I, §131(c), Nov. 19, 2001, 115 Stat. 635, provided that: "Nothing in this section [enacting this section] may be construed to
require any modification of regulations of the Department of Transportation governing the possession of firearms while in aircraft or air
transportation facilities or to authorize the possession of a firearm in an aircraft or any such facility not authorized under those regulations."

[For definitions of "aircraft" and "air transportation" used in section 131(c) 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.]

§44945. Disposition of unclaimed money and clothing
(a) Disposition of Unclaimed Money.—Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be
retained by the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation security as required in
this chapter.
(b) Disposition of Unclaimed Clothing.—
(1) In general.—In disposing of unclaimed clothing recovered at any airport security checkpoint, the Administrator of the Transportation Security
Administration shall make every reasonable effort, in consultation with the Secretary of Veterans Affairs, to transfer the clothing to the local airport authority or
other local authorities for donation to charity, including local veterans organizations or other local charitable organizations for distribution to homeless or needy
veterans and veteran families.
(2) Agreements.—In implementing paragraph (1), the Administrator of the Transportation Security Administration may enter into agreements with airport
authorities.
(3) Other charitable arrangements.—Nothing in this subsection shall prevent an airport or the Transportation Security Administration from donating
unclaimed clothing to a charitable organization of their choosing.
(4) Limitation.—Nothing in this subsection shall create a cost to the Government.
(Added Pub. L. 108–334, title V, §515(a), Oct. 18, 2004, 118 Stat. 1317; amended Pub. L. 112–271, §2(a), Jan. 14, 2013, 126 Stat. 2446; Pub. L. 115–254, div.
K, title I, §1991(d)(36), Oct. 5, 2018, 132 Stat. 3641.)
Editorial Notes

Amendments
2018—Subsec. (b)(1), (2). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".
2013—Pub. L. 112–271 inserted "and clothing" after "money" in section catchline, designated existing provisions as subsec. (a), inserted

heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Annual Report
Pub. L. 108–334, title V, §515(b), Oct. 18, 2004, 118 Stat. 1318, provided that: "Not later than 180 days after the date of enactment of this Act

[Oct. 18, 2004] and annually thereafter, the Administrator of the Transportation Security Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the House of Representatives; the
Committee on Commerce, Science and Transportation of the Senate; and the Committee on Appropriations of the Senate, a report that
contains a detailed description of the amount of unclaimed money recovered in total and at each individual airport, and specifically how the
unclaimed money is being used to provide civil aviation security."

§44946. Aviation Security Advisory Committee
(a) Establishment.—The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee.
(b) Duties.—
(1) In general.—The Administrator shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development,
refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security

guidelines.
(2) Recommendations.—
(A) In general.—The Advisory Committee shall develop, at the request of the Administrator, recommendations for improvements to aviation security.
(B) Recommendations of subcommittees.—Recommendations agreed upon by the subcommittees established under this section shall be approved by
the Advisory Committee before transmission to the Administrator.
(3) Periodic reports.—The Advisory Committee shall periodically submit to the Administrator—
(A) reports on matters identified by the Administrator; and
(B) reports on other matters identified by a majority of the members of the Advisory Committee.
(4) Annual report.—The Advisory Committee shall submit to the Administrator an annual report providing information on the activities, findings, and
recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months after the date that the Administrator
receives the annual report, the Administrator shall publish a public version describing the Advisory Committee's activities and such related matters as would
be informative to the public consistent with the policy of section 552(b) of title 5.
(5) Feedback.—Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (2) or (4), the
Administrator shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the
recommendations with which the Administrator concurs, and a justification for why any of the recommendations have been rejected.
(6) Congressional notification.—Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the
Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of
Representatives on such feedback, and provide a briefing upon request.
(7) Report to congress.—Prior to briefing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives under paragraph (6), the Administrator shall submit to such committees a report containing information relating to the
recommendations transmitted by the Advisory Committee in accordance with paragraph (4).
(c) Membership.—
(1) Appointment.—
(A) In general.—The Administrator shall appoint the members of the Advisory Committee.
(B) Composition.—The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each
organization shall be represented by 1 individual (or the individual's designee).
(C) Representation.—The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air
carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers,
airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance
contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses
that conduct security screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry
(including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts.
(2) Term of office.—
(A) Terms.—The term of each member of the Advisory Committee shall be two years, but a member may continue to serve until a successor is
appointed. A member of the Advisory Committee may be reappointed.
(B) Removal.—The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
(3) Prohibition on compensation.—The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by
reason of their service on the Advisory Committee.
(4) Meetings.—
(A) In general.—The Administrator shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as
necessary.
(B) Public meetings.—At least 1 of the meetings described in subparagraph (A) shall be open to the public.
(C) Attendance.—The Advisory Committee shall maintain a record of the persons present at each meeting.

(5) Member access to sensitive security information.—Not later than 60 days after the date of a member's appointment, the Administrator shall
determine if there is cause for the member to be restricted from possessing sensitive security information. Without such cause, and upon the member
voluntarily signing a non-disclosure agreement, the member may be granted access to sensitive security information that is relevant to the member's advisory
duties. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
(6) Chairperson.—A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall
chair the Advisory Committee.
(d) Subcommittees.—
(1) Membership.—The Advisory Committee chairperson, in coordination with the Administrator, may establish within the Advisory Committee any
subcommittee that the Administrator and Advisory Committee determine to be necessary. The Administrator and the Advisory Committee shall create
subcommittees to address aviation security issues, including the following:
(A) Air cargo security.—The implementation of the air cargo security programs established by the Transportation Security Administration to screen air
cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates.
(B) General aviation.—General aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports.
(C) Perimeter and access control.—Recommendations on airport perimeter security, exit lane security and technology at commercial service airports,
and access control issues.
(D) Security technology.—Security technology standards and requirements, including their harmonization internationally, technology to screen
passengers, passenger baggage, carry-on baggage, and cargo, and biometric technology.
(2) Risk-based security.—All subcommittees established by the Advisory Committee chairperson in coordination with the Administrator shall consider riskbased security approaches in the performance of their functions that weigh the optimum balance of costs and benefits in transportation security, including for
passenger screening, baggage screening, air cargo security policies, and general aviation security matters.
(3) Meetings and reporting.—Each subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report
required under subsection (b)(4) information, including recommendations, regarding issues within the subcommittee.
(4) Subcommittee chairs.—Each subcommittee shall be co-chaired by a Government official and an industry official.
(e) Subject Matter Experts.—Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the
respective subcommittee chairpersons.
(f) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees.
(g) Definitions.—In this section:
(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.
(2) Advisory committee.—The term "Advisory Committee" means the aviation security advisory committee established under subsection (a).
(3) Perimeter security.—
(A) In general.—The term "perimeter security" means procedures or systems to monitor, secure, and prevent unauthorized access to an airport,
including its airfield and terminal.
(B) Inclusions.—The term "perimeter security" includes the fence area surrounding an airport, access gates, and access controls.
(Added Pub. L. 113–238, §2(a), Dec. 18, 2014, 128 Stat. 2842; amended Pub. L. 114–190, title III, §3411, July 15, 2016, 130 Stat. 662; Pub. L. 115–254, div. K,
title I, §1991(d)(37), Oct. 5, 2018, 132 Stat. 3641.)
Editorial Notes

References in Text
The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix
to Title 5, Government Organization and Employees.

Amendments
2018—Pub. L. 115–254, §1991(d)(37)(B), substituted "Administrator" for "Assistant Secretary" wherever appearing.
Subsec. (b)(4). Pub. L. 115–254, §1991(d)(37)(C), substituted "the Administrator receives" for "the Secretary receives" and "the Administrator

shall" for "the Secretary shall".
Subsec. (c)(1)(A). Pub. L. 115–254, §1991(d)(37)(D), substituted "The" for "Not later than 180 days after the date of enactment of the Aviation
Security Stakeholder Participation Act of 2014, the".
Subsec. (g). Pub. L. 115–254, §1991(d)(37)(A), added par. (1), redesignated former par. (1) as (2), and struck out former par. (2) which
defined "Assistant Secretary".
2016—Subsec. (b)(5). Pub. L. 114–190, §3411(b), substituted "paragraph (2) or (4)" for "paragraph (4)".
Subsec. (c)(2)(A). Pub. L. 114–190, §3411(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "The term of each
member of the Advisory Committee shall be 2 years. A member of the Advisory Committee may be reappointed."

§44947. Air cargo security division
(a) Establishment.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish an air cargo security
division to carry out and engage with stakeholders regarding the implementation of air cargo security programs established by the Administration.
(b) Leadership; Staffing.—The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service
within the TSA and be staffed by not fewer than 4 full-time equivalents, including the head of the division.
(c) Staffing.—The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing TSA personnel.
(Added Pub. L. 115–254, div. K, title I, §1943(a), Oct. 5, 2018, 132 Stat. 3584.)
Editorial Notes

References in Text
The date of enactment of the TSA Modernization Act, referred to in subsec. (a), is the date of enactment of title I of div. K of Pub. L. 115–254,
which was approved Oct. 5, 2018.

§44948. National Deployment Office
(a) Establishment.—There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with
supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration.
(b) Duties.—The individual designated as the head of the National Deployment Office shall be responsible for the following:
(1) Maintaining a National Deployment Force within the Transportation Security Administration, including transportation security officers, supervisory
transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and
augment the Department of Homeland Security's homeland security operations to mitigate and reduce risk, including for the following:
(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions,
passenger volume mitigation, equipment support, or other reasons.
(B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security.
(C) Response in the aftermath of any manmade disaster, including any terrorist attack.
(D) Other such situations, as determined by the Administrator.
(2) Educating transportation security officers regarding how to participate in the Administration's National Deployment Force.
(3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator.

(4) Approving 1-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the
approval of the appropriate Federal Security Director.
(5) Training officers to serve on the National Deployment Force.
(Added Pub. L. 115–254, div. K, title I, §1988(a), Oct. 5, 2018, 132 Stat. 3622.)
Statutory Notes and Related Subsidiaries

Career Development
Pub. L. 115–254, div. K, title I, §1988(d), Oct. 5, 2018, 132 Stat. 3623, provided that: "The Administrator [of the Transportation Security
Administration] may consider service in the National Deployment Force as a positive factor when evaluating applicants for promotion
opportunities within the TSA [Transportation Security Administration]."

CHAPTER 451—ALCOHOL AND CONTROLLED SUBSTANCES TESTING

Sec.

45101.
45102.
45103.
45104.
45105.
45106.
45107.

Definition.
Alcohol and controlled substances testing programs.
Prohibited service.
Testing and laboratory requirements.
Rehabilitation.
Relationship to other laws, regulations, standards, and orders.
Transportation Security Administration.
Editorial Notes

Amendments
2001—Pub. L. 107–71, title I, §139(5), Nov. 19, 2001, 115 Stat. 641, added item 45107.

§45101. Definition
In this chapter, "controlled substance" means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221.)
Historical and Revision Notes
Revised
Section
45101

Source (U.S. Code)
49 App.:1434(f).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§614(f); added Oct. 28, 1991, Pub. L. 102–
143, §3(a), 105 Stat. 956.

§45102. Alcohol and controlled substances testing programs

(a) Program for Employees of Air Carriers and Foreign Air Carriers.—(1) In the interest of aviation safety, the Administrator of the Federal Aviation
Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion,
random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safetysensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to
conduct reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier
employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crew members, airport security
screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.
(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring
testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions for the use of
alcohol or a controlled substance in violation of law or a Government regulation.
(b) Program for Employees of the Federal Aviation Administration.—(1) The Administrator shall establish a program of preemployment, reasonable
suspicion, random, and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of
the Administration whose duties include responsibility for safety-sensitive functions and shall establish a program of reasonable suspicion, random, and postaccident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a
program of preemployment testing for the use of alcohol for such employees.
(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring
testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a
Government regulation.
(c) Sanctions.—In prescribing regulations under the programs required by this section, the Administrator shall require, as the Administrator considers
appropriate, the suspension or revocation of any certificate issued to an individual referred to in this section, or the disqualification or dismissal of the individual,
under this chapter when a test conducted and confirmed under this chapter indicates the individual has used alcohol or a controlled substance in violation of law
or a Government regulation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221; Pub. L. 104–59, title III, §342(d), Nov. 28, 1995, 109 Stat. 609; Pub. L. 107–71, title I, §139(1), Nov. 19,
2001, 115 Stat. 640.)
Historical and Revision Notes
Revised
Section
45102(a)

49 App.:1434(a)(1).

45102(b)
45102(c)

49 App.:1434(a)(2).
49 App.:1434(a)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§614(a); added Oct. 28, 1991, Pub. L.
102–143, §3(a), 105 Stat. 953.

In subsections (a)(2) and (b)(2), the word "also" is omitted as surplus.
Editorial Notes

Amendments
2001—Subsec. (a). Pub. L. 107–71 substituted "personnel" for "contract personnel" wherever appearing.
1995—Subsec. (a)(1). Pub. L. 104–59, §342(d)(1), added par. (1) and struck out former par. (1) which read as follows: "In the interest of

aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations not later than October 28, 1992, that
establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident
testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive

functions (as decided by the Administrator) for the use of alcohol or a controlled substance in violation of law or a United States Government
regulation."
Subsec. (b)(1). Pub. L. 104–59, §342(d)(2), added par. (1) and struck out former par. (1) which read as follows: "The Administrator shall
establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of alcohol or a controlled
substance in violation of law or a Government regulation for employees of the Administration whose duties include responsibility for safetysensitive functions."
Statutory Notes and Related Subsidiaries

Rulemaking on Random Testing for Prohibited Drugs
Pub. L. 103–305, title V, §501, Aug. 23, 1994, 108 Stat. 1594, provided that, not later than 180 days after Aug. 23, 1994, the Secretary would
complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate required of random
drug testing for personnel engaged in aviation activities.

§45103. Prohibited service
(a) Use of Alcohol or a Controlled Substance.—An individual may not use alcohol or a controlled substance after October 28, 1991, in violation of law
or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for
safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or employee of the Administration with responsibility for
safety-sensitive functions.
(b) Rehabilitation Required To Resume Service.—Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled
substance after October 28, 1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air
carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safetysensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.
(c) Performance of Prior Duties Prohibited.—An individual who served as an airman, crewmember, airport security screening employee, air carrier
employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive
functions and who was found by the Administrator to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government
regulation may not carry out the duties related to air transportation that the individual carried out before the finding of the Administrator if the individual—
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or
(3) refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, §139(2), Nov. 19, 2001, 115 Stat. 640.)
Historical and Revision Notes
Revised
Section
45103(a)

49 App.:1434(b)(1).

45103(b)
45103(c)

49 App.:1434(b)(2).
49 App.:1434(b)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§614(b); added Oct. 28, 1991, Pub. L.
102–143, §3(a), 105 Stat. 954.

In subsection (b), the words "Notwithstanding subsection (a) of this section" are added for clarity.

Editorial Notes

Amendments
2001—Pub. L. 107–71 substituted "screening employee" for "screening contract employee" wherever appearing.

§45104. Testing and laboratory requirements
In carrying out section 45102 of this title, the Administrator of the Federal Aviation Administration shall develop requirements that—
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical
guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this
chapter, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests
and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to
perform controlled substances testing in carrying out this chapter;
(3) require that a laboratory involved in controlled substances testing under this chapter have the capability and facility, at the laboratory, of performing
screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a United States Government regulation be confirmed by
a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a
secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have
the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later
than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the
development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except
that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently
from other employees in similar circumstances.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222.)
Historical and Revision Notes
Revised
Section
45104

Source (U.S. Code)
49 App.:1434(d).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§614(d); added Oct. 28, 1991, Pub. L.
102–143, §3(a), 105 Stat. 955.

In this section, the word "samples" is omitted as surplus.
In clause (2), before subclause (A), the word "subsequent" is omitted as surplus.
In clause (3), the words "of any individual" are omitted as surplus.
In clause (4), the words "by any individual" are omitted as surplus.

In clause (5), the word "tested" is substituted for "assayed" for consistency. The words "2d confirmation test" are substituted for
"independent test" for clarity and consistency.
In clause (6), the word "Secretary" is substituted for "Department" for consistency in the revised title and with other titles of the United States
Code.

§45105. Rehabilitation
(a) Program for Employees of Air Carriers and Foreign Air Carriers.—The Administrator of the Federal Aviation Administration shall prescribe
regulations establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of employees of air
carriers and foreign air carriers referred to in section 45102(a)(1) of this title who need assistance in resolving problems with the use of alcohol or a controlled
substance in violation of law or a United States Government regulation. Each air carrier and foreign air carrier is encouraged to make such a program available
to all its employees in addition to the employees referred to in section 45102(a)(1). The Administrator shall decide on the circumstances under which employees
shall be required to participate in a program. This subsection does not prevent an air carrier or foreign air carrier from establishing a program under this
subsection in cooperation with another air carrier or foreign air carrier.
(b) Program for Employees of the Federal Aviation Administration.—The Administrator shall establish and maintain a rehabilitation program that at
least provides for the identification and opportunity for treatment of employees of the Administration whose duties include responsibility for safety-sensitive
functions who need assistance in resolving problems with the use of alcohol or a controlled substance.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1223; Pub. L. 103–429, §6(58), Oct. 31, 1994, 108 Stat. 4385.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
45105(a)

49 App.:1434(c)(1).

45105(b)

49 App.:1434(c)(2).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§614(c); added Oct. 28, 1991, Pub. L.
102–143, §3(a), 105 Stat. 954.

In subsection (a), the words "of air carriers and foreign air carriers" are added for clarity.
Pub. L. 103–429

This amends 49:45105(a) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.

1224).

Editorial Notes

Amendments
1994—Subsec. (a). Pub. L. 103–429 substituted "section 45102(a)(1)" for "section 45102(a)(1)(A)" in second sentence.
Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Prioritizing and Supporting the Human Intervention Motivation Study (HIMS) Program and the Flight
Attendant Drug and Alcohol Program (FADAP)
Pub. L. 115–254, div. B, title V, §554(a), Oct. 5, 2018, 132 Stat. 3380, provided that: "The [Federal Aviation] Administration shall continue to
prioritize and support the Human Intervention Motivation Study (HIMS) program for flight crewmembers and the Flight Attendant Drug and
Alcohol Program (FADAP) for flight attendants."

Human Intervention Motivation Study
Pub. L. 112–95, title VIII, §819, Feb. 14, 2012, 126 Stat. 127, provided that: "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 Human Intervention Motivation Study program for
cabin crew members employed by commercial air carriers in the United States."

§45106. Relationship to other laws, regulations, standards, and orders
(a) Effect on State and Local Government Laws, Regulations, Standards, or Orders.—A State or local government may not prescribe, issue, or
continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under
this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
(b) International Obligations and Foreign Laws.—(1) In prescribing regulations under this chapter, the Administrator of the Federal Aviation
Administration—
(A) shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(2) The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation
Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in
violation of law or a United States Government regulation.
(c) Other Regulations Allowed.—This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a
regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening
employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with
responsibility for safety-sensitive functions.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, §139(3), Nov. 19, 2001, 115 Stat. 640.)
Historical and Revision Notes
Revised
Section
45106(a)

49 App.:1434(e)(1).

45106(b)
45106(c)

49 App.:1434(e)(3).
49 App.:1434(e)(2).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§614(e); added Oct. 28, 1991, Pub. L.
102–143, §3(a), 105 Stat. 956.

In subsection (a), the word "prescribe" is substituted for "adopt" for consistency in the revised title and with other titles of the United States
Code. The word "rule" is omitted as being synonymous with "regulation". The word "ordinance" is omitted as being included in "law" and
"regulation". The words "actual" and "whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the
general public" are omitted as surplus.
In subsection (c) the word "prevent" is substituted for "restrict the discretion of" to eliminate unnecessary words.

Editorial Notes

Amendments
2001—Subsec. (c). Pub. L. 107–71 substituted "screening employees" for "screening contract employees".

§45107. Transportation Security Administration
(a) Transfer of Functions Relating to Testing Programs With Respect to Airport Security Screening Personnel.—The authority of the
Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing of airport security screening personnel are
transferred to the Administrator of the Transportation Security Administration. Notwithstanding section 45102(a), the regulations prescribed under section
45102(a) shall require testing of such personnel by their employers instead of by air carriers and foreign air carriers.
(b) Applicability of Chapter With Respect to Employees of Administration.—The provisions of this chapter that apply with respect to employees of the
Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect to employees of the Transportation
Security Administration whose duties include responsibility for security-sensitive functions.
(Added Pub. L. 107–71, title I, §139(4), Nov. 19, 2001, 115 Stat. 640; amended Pub. L. 115–254, div. K, title I, §1991(e), Oct. 5, 2018, 132 Stat. 3642.)
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §1991(e)(1), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security".
Subsec. (b). Pub. L. 115–254, §1991(e)(2), struck out at end "The Under Secretary of Transportation for Security, the Transportation Security
Administration, and employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions
shall be subject to and comply with such provisions in the same manner and to the same extent as the Administrator of the Federal Aviation
Administration, the Federal Aviation Administration, and employees of the Federal Aviation Administration whose duties include responsibility
for safety-sensitive functions, respectively."

CHAPTER 453—FEES
Sec.

45301.
45302.
45303.
45304.
45305.
45306.

General provisions.
Fees involving aircraft not providing air transportation.
Administrative provisions.
Maximum fees for private person services.
Registration, certification, and related fees.
Manual surcharge.1
Editorial Notes

Amendments
2012—Pub. L. 112–95, title I, §122(b), Feb. 14, 2012, 126 Stat. 20, added item 45305.
1996—Pub. L. 104–264, title II, §§273(b), 276(b), Oct. 9, 1996, 110 Stat. 3240, 3248, substituted "General provisions" for "Authority to impose

fees" in item 45301, added items 45303 and 45304, and struck out former item 45303 "Maximum fees for private person services".

1 Editorially supplied. Section added by Pub. L. 115–254 without corresponding amendment of chapter analysis.

§45301. General provisions
(a) Schedule of Fees.—The Administrator shall establish a schedule of new fees, and a collection process for such fees, for the following services provided
by the Administration:
(1) Air traffic control and related services provided to aircraft other than military and civilian aircraft of the United States Government or of a foreign
government that neither take off from, nor land in, the United States.
(2) Services (other than air traffic control services) provided to a foreign government or services provided to any entity obtaining services outside the United
States, except that the Administrator shall not impose fees in any manner for production-certification related service performed outside the United States
pertaining to aeronautical products manufactured outside the United States.
(b) Establishment and Adjustment of Fees.—
(1) In general.—In establishing and adjusting fees under this section, the Administrator shall ensure that the fees are reasonably related to the
Administration's costs, as determined by the Administrator, of providing the services rendered.
(2) Services for which costs may be recovered.—Services for which costs may be recovered under this section include the costs of air traffic control,
navigation, weather services, training, and emergency services that are available to facilitate safe transportation over the United States and the costs of other
services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the United States.
(3) Limitations on judicial review.—Notwithstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not
be subject to judicial review:
(A) The establishment or adjustment of a fee by the Administrator under this section.
(B) The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator
when reaching such determination.
(C) An allocation of costs by the Administrator under paragraph (1) to services provided, and the processes and procedures applied by the Administrator
when establishing such allocation.
(4) Aircraft altitude.—Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft
operations in en route or oceanic airspace.
(5) Costs defined.—In this subsection, the term "costs" includes operation and maintenance costs, leasing costs, and overhead expenses associated with
the services provided and the facilities and equipment used in providing such services.
(c) Use of Experts and Consultants.—In developing the system, the Administrator may consult with such nongovernmental experts as the Administrator
may employ and the Administrator may utilize the services of experts and consultants under section 3109 of title 5 without regard to the limitation imposed by the
last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary.
Notwithstanding any other provision of law to the contrary, the Administrator may retain such experts under a contract awarded on a basis other than a
competitive basis and without regard to any such provisions requiring competitive bidding or precluding sole source contract authority.
(d) Production-Certification Related Service Defined.—In this section, the term "production-certification related service" has the meaning given that
term in appendix C of part 187 of title 14, Code of Federal Regulations.
(e) Adjustment of Fees.—In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.
(Added Pub. L. 104–264, title II, §273(a), Oct. 9, 1996, 110 Stat. 3239; amended Pub. L. 106–181, title VII, §719, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71,
title I, §119(d), Nov. 19, 2001, 115 Stat. 629; Pub. L. 112–95, title I, §121, Feb. 14, 2012, 126 Stat. 19; Pub. L. 115–254, div. B, title V, §539(k), Oct. 5, 2018, 132
Stat. 3371.)
Editorial Notes

Prior Provisions
A prior section 45301, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–305, title II, §209, Aug. 23, 1994, 108 Stat. 1589; Pub. L.
104–287, §5(76), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, §3(d)(1)(C), Nov. 20, 1997, 111 Stat. 2215, related to authority to impose fees,
prior to repeal by Pub. L. 104–264, title II, §§203, 273(a), Oct. 9, 1996, 110 Stat. 3227, 3239, effective 30 days after Oct. 9, 1996.

Amendments
2018—Subsec. (a)(1). Pub. L. 115–254 substituted "United States Government" for "United States government".
2012—Subsec. (b). Pub. L. 112–95, §121(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to limitations on fees.
Subsec. (e). Pub. L. 112–95, §121(b), added subsec. (e).
2001—Subsec. (b)(1)(B). Pub. L. 107–71 substituted "reasonably" for "directly" and "Administration's costs, as determined by the

Administrator," for "Administration's costs" and inserted "The Determination of such costs by the Administrator is not subject to judicial review."
at end.
2000—Subsec. (a)(2). Pub. L. 106–181, §719(1), added par. (2) and struck out former par. (2) which read as follows: "Services (other than air
traffic control services) provided to a foreign government."
Subsec. (d). Pub. L. 106–181, §719(2), added subsec. (d).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

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

Overflight Fees
Pub. L. 108–176, title II, §229, Dec. 12, 2003, 117 Stat. 2532, provided that:
"(a) Adoption and Legalization of Certain Rules.—
"(1) Applicability and effect of certain law.—Notwithstanding section 141(d)(1) of the Aviation and Transportation Security Act [Pub. L.
107–71] (49 U.S.C. 44901 note), section 45301(b)(1)(B) of title 49, United States Code, is deemed to apply to and to have effect with respect to the

authority of the Administrator of the Federal Aviation Administration with respect to the interim final rule and final rule, relating to overflight
fees, issued by the Administrator on May 30, 2000, and August 13, 2001, respectively.
"(2) Adoption and legalization.—The interim final rule and final rule referred to in subsection (a), including the fees issued pursuant to
those rules, are adopted, legalized, and confirmed as fully to all intents and purposes as if the same had, by prior Act of Congress, been
specifically adopted, authorized, and directed as of the date those rules were originally issued.
"(3) Fees to which applicable.—This subsection applies to fees assessed after November 19, 2001, and before April 8, 2003, and fees
collected after the requirements of subsection (b) have been met.
"(b) Deferred Collection of Fees.—The Administrator shall defer collecting fees under section 45301(a)(1) of title 49, United States Code, until
the Administrator (1) reports to Congress responding to the issues raised by the court in Air Transport Association of Canada v. Federal

Aviation Administration and Administrator, FAA, decided on April 8, 2003, and (2) consults with users and other interested parties regarding
the consistency of the fees established under such section with the international obligations of the United States.
"(c) Enforcement.—The Administrator shall take an appropriate enforcement action under subtitle VII of title 49, United States Code, against
any user that does not pay a fee under section 45301(a)(1) of such title."

§45302. Fees involving aircraft not providing air transportation
(a) Application.—This section applies only to aircraft not used to provide air transportation.
(b) General Authority and Maximum Fees.—The Administrator of the Federal Aviation Administration may impose fees to pay for the costs of issuing
airman certificates to pilots and certificates of registration of aircraft and processing forms for major repairs and alterations of fuel tanks and fuel systems of
aircraft. The following fees may not be more than the amounts specified:
(1) $12 for issuing an airman's certificate to a pilot.
(2) $25 for registering an aircraft after the transfer of ownership.
(3) $15 for renewing an aircraft registration.
(4) $7.50 for processing a form for a major repair or alteration of a fuel tank or fuel system of an aircraft.
(c) Adjustments.—The Administrator shall adjust the maximum fees established by subsection (b) of this section for changes in the Consumer Price Index of
All Urban Consumers published by the Secretary of Labor.
(d) Credit to Account and Availability.—Money collected from fees imposed under this section shall be credited to the account in the Treasury from which
the Administrator incurs expenses in carrying out chapter 441 and sections 44701–44716 of this title (except sections 44701(c), 44703(g)(2), and 44713(d)(2)).
The money is available to the Administrator to pay expenses for which the fees are collected.
(e) Effective Date.—
(1) In general.—A fee may not be imposed under this section before the date on which the regulations prescribed under sections 44111(d), 44703(g)(2),
and 44713(d)(2) of this title take effect.
(2) Effect of imposition of other fees.—A fee may not be imposed for a service or activity under this section during any period in which a fee for the
same service or activity is imposed under section 45305.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–429, §6(59), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 112–95, title I, §122(c), Feb. 14, 2012,
126 Stat. 20; Pub. L. 115–254, div. B, title V, §539(j), Oct. 5, 2018, 132 Stat. 3371.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
45302(a)

49 App.:1303 (note).

45302(b), (c)

49 App.:1354(f)(1)–(3).

45302(d)

49 App.:1354(f)(4).

Source (U.S. Code)

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§313(f); added Nov. 18, 1988, Pub. L. 100–
690, §7207(c)(1), 102 Stat. 4427.

In subsection (b), before clause (1), the text of 49 App.:1354(f)(3) is omitted as obsolete because the final regulations are effective. The
word "impose" is substituted for "establish and collect" for consistency.
In subsection (d), the words "Money collected from fees imposed" are substituted for "The amount of fees collected" for clarity and
consistency.
Pub. L. 103–429

This amends 49:45302 because the final regulations are not yet effective.
Editorial Notes

Amendments
2018—Subsecs. (d), (e)(1). Pub. L. 115–254 substituted "44703(g)(2)" for "44703(f)(2)".
2012—Subsec. (e). Pub. L. 112–95 designated existing provisions as par. (1), inserted heading, and added par. (2).
1994—Subsec. (e). Pub. L. 103–429 added subsec. (e).
Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Inspector General Audit
Pub. L. 100–690, title VII, §7207(c)(4), Nov. 18, 1988, 102 Stat. 4428, as amended by Pub. L. 104–66, title II, §2041, Dec. 21, 1995, 109 Stat. 728,

provided that: "During the 5-year period beginning after the date on which fees are first collected under section 313(f) of the Federal Aviation
Act of 1958 [see subsec. (b) of this section], the Department of Transportation Inspector General shall conduct an annual audit of the
collection and use of such fees for the purpose of ensuring that such fees do not exceed the costs for which they are collected and submit to
Congress a report on the results of such audit."
[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular
periodic report listed in House Document No. 103–7 (in which the 30th item on page 4 identifies a reporting provision which, as subsequently
amended, is contained in section 7207(c)(4) of Pub. L. 100–690, set out as a note above), see section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance.]

§45303. Administrative provisions
(a) Fees Payable to Administrator.—All fees imposed and amounts collected under this chapter for services performed, or materials furnished, by the
Federal Aviation Administration are payable to the Administrator of the Federal Aviation Administration.
(b) Refunds.—The Administrator may refund any fee paid by mistake or any amount paid in excess of that required.
(c) Receipts Credited to Account.—Notwithstanding section 3302 of title 31, all fees and amounts collected by the Administration, except insurance
premiums and other fees charged for the provision of insurance and deposited in the Aviation Insurance Revolving Fund and interest earned on investments of
such Fund, and except amounts which on September 30, 1996, are required to be credited to the general fund of the Treasury (whether imposed under this
section or not)—
(1) shall be credited to a separate account established in the Treasury and made available for Administration activities;
(2) shall be available immediately for expenditure but only for congressionally authorized and intended purposes; and
(3) shall remain available until expended.
(d) Annual Budget Report by Administrator.—The Administrator shall, on the same day each year as the President submits the annual budget to
Congress, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives—
(1) a list of fee collections by the Administration during the preceding fiscal year;
(2) a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and appropriations;
(3) budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates;

(4) any proposed disposition of surplus fees by the Administration; and
(5) such other information as those committees consider necessary.
(e) Development of Cost Accounting System.—The Administration shall develop a cost accounting system that adequately and accurately reflects the
investments, operating and overhead costs, revenues, and other financial measurement and reporting aspects of its operations.
(f) Compensation to Carriers for Acting as Collection Agents.—The Administration shall prescribe regulations to ensure that any air carrier required,
pursuant to the Air Traffic Management System Performance Improvement Act of 1996 or any amendments made by that Act, to collect a fee imposed on
another party by the Administrator may collect from such other party an additional uniform amount that the Administrator determines reflects the necessary and
reasonable expenses (net of interest accruing to the carrier after collection and before remittance) incurred in collecting and handling the fee.
(g) Data Transparency.—
(1) Air traffic services initial data report.—
(A) Initial report.—Not later than 6 months after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator and the Chief
Operating Officer of the Air Traffic Organization shall, based upon the most recently available full fiscal year data, complete the following calculations for
each segment of air traffic services users:
(i) The total costs allocable to the use of air traffic services for that segment during such fiscal year.
(ii) The total revenues received from that segment during such fiscal year.
(B) Validation of model.—
(i) Review and determination.—Not later than 3 months after completion of the initial report required under subparagraph (A), the inspector general of
the Department of Transportation shall review and determine the validity of the model used by the Administrator and the Chief Operating Officer to
complete the calculations required under subparagraph (A).
(ii) Validation process.—In the event that the inspector general determines that the model used by the Administrator and the Chief Operating Officer
to complete the calculations required by subparagraph (A) is not valid—
(I) the inspector general shall provide the Administrator and Chief Operating Officer recommendations on how to revise the model;
(II) the Administrator and the Chief Operating Officer shall complete the calculations required by subparagraph (A) utilizing the revised model and
resubmit the revised initial report required under subparagraph (A) to the inspector general; and
(III) not later than 3 months after completion of the revised initial report required under subparagraph (A), the inspector general shall review and
determine the validity of the revised model used by the Administrator and the Chief Operating Officer to complete the calculations required by
subparagraph (A).
(iii) Access to data.—The Administrator and the Chief Operating Officer shall provide the inspector general of the Department of Transportation with
unfettered access to all data produced by the cost accounting system operated and maintained pursuant to subsection (e).
(C) Report to congress.—Not later than 60 days after completion of the review and receiving a determination that the model used is valid under
subparagraph (B), the Administrator and the Chief Operating Officer shall submit to the Committee on Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation,
the Committee on Appropriations, and the Committee on Finance of the Senate a report describing the results of the calculations completed under
subparagraph (A).
(D) Publication.—Not later than 60 days after submission of the report required under subparagraph (C), the Administrator and Chief Operating Officer
shall publish the initial report, including any revision thereto if required as a result of the validation process for the model.
(2) Air traffic services biennial data reporting.—
(A) Biennial data reporting.—Not later than March 31, 2019, and biennially thereafter for 8 years, the Administrator and the Chief Operating Officer
shall, using the validated model, complete the following calculations for each segment of air traffic services users for the most recent full fiscal year:
(i) The total costs allocable to the use of the air traffic services for that segment.
(ii) The total revenues received from that segment.

(B) Report to congress.—Not later than 15 days after completing the calculations under subparagraph (A), the Administrator and the Chief Operating
Officer shall complete and submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways
and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the
Committee on Finance of the Senate a report containing the results of such calculations.
(C) Publication.—Not later than 60 days after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating
Officer shall publish the results of such calculations.
(3) Segments of air traffic services users.—
(A) In general.—For purposes of this subsection, each of the following shall constitute a separate segment of air traffic services users:
(i) Passenger air carriers conducting operations under part 121 of title 14, Code of Federal Regulations.
(ii) All-cargo air carriers conducting operations under part 121 of such title.
(iii) Operators covered by part 125 of such title.
(iv) Air carriers and operators of piston-engine aircraft operating under part 135 of such title.
(v) Air carriers and operators of turbine-engine aircraft operating under part 135 of such title.
(vi) Foreign air carriers providing passenger air transportation.
(vii) Foreign air carriers providing all-cargo air transportation.
(viii) Operators of turbine-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.
(ix) Operators of piston-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.
(x) Operators covered by subpart (K) of part 91 of such title.
(xi) Operators covered by part 133 of such title.
(xii) Operators covered by part 136 of such title.
(xiii) Operators covered by part 137 of such title.
(xiv) Operators of public aircraft that qualify under section 40125.
(xv) Operators of aircraft that neither take off from, nor land in, the United States.
(B) Additional segments.—The Secretary may identify and include additional segments of air traffic users under subparagraph (A) as revenue and air
traffic services cost data become available for that additional segment of air traffic services users.
(4) Definitions.—For purposes of this subsection:
(A) Air traffic services.—The term "air traffic services" means services—
(i) 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; and
(ii) provided directly, or contracted for, by the Federal Aviation Administration.
(B) Air traffic services user.—The term "air traffic services user" means any individual or entity using air traffic services provided directly, or
contracted for, by the Federal Aviation Administration within United States airspace or international airspace delegated to the United States.
(Added Pub. L. 104–264, title II, §276(a)(2), Oct. 9, 1996, 110 Stat. 3247; amended Pub. L. 115–254, div. B, title V, §519, Oct. 5, 2018, 132 Stat. 3359.)
Editorial Notes

References in Text
The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is title II of Pub. L. 104–264, Oct. 9,
1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of
this title and Tables.
The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (g)(1)(A), is the date of enactment of Pub. L. 115–254,
which was approved Oct. 5, 2018.

Prior Provisions
A prior section 45303 was renumbered section 45304 of this title.

Amendments
2018—Subsec. (g). Pub. L. 115–254 added subsec. (g).
Statutory Notes and Related Subsidiaries

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

§45304. Maximum fees for private person services
The Administrator of the Federal Aviation Administration may establish maximum fees that private persons may charge for services performed under a
delegation to the person under section 44702(d) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225, §45303; renumbered §45304, Pub. L. 104–264, title II, §276(a)(1), Oct. 9, 1996, 110 Stat. 3247.)
Historical and Revision Notes
Revised
Section
45303

Source (U.S. Code)
49 App.:1355(a) (last sentence
related to fees).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §314(a) (last
sentence related to fees), 72 Stat. 754.
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.

In this section, the word "Administrator" in section 314(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 754) is retained on
authority of 49:106(g). The words "services performed under a delegation to the person under section 44702(d) of this title" are substituted for
"their services" because of the restatement.

§45305. Registration, certification, and related fees
(a) General Authority and Fees.—Subject to subsection (c), the Administrator of the Federal Aviation Administration shall establish and collect a fee for
each of the following services and activities of the Administration that does not exceed the estimated costs of the service or activity:
(1) Registering an aircraft.
(2) Reregistering, replacing, or renewing an aircraft registration certificate.
(3) Issuing an original dealer's aircraft registration certificate.
(4) Issuing an additional dealer's aircraft registration certificate (other than the original).
(5) Issuing a special registration number.

(6) Issuing a renewal of a special registration number reservation.
(7) Recording a security interest in an aircraft or aircraft part.
(8) Issuing an airman certificate.
(9) Issuing a replacement airman certificate.
(10) Issuing an airman medical certificate.
(11) Providing a legal opinion pertaining to aircraft registration or recordation.
(b) Certification Services.—Subject to subsection (c), and notwithstanding section 45301(a), the Administrator may establish and collect a fee from a
foreign government or entity for services related to certification, regardless of where the services are provided, if the fee—
(1) is established and collected in a manner consistent with aviation safety agreements; and
(2) does not exceed the estimated costs of the services.
(c) Limitation on Collection.—No fee may be collected under this section unless the expenditure of the fee to pay the costs of activities and services for
which the fee is imposed is provided for in advance in an appropriations Act.
(d) Fees Credited as Offsetting Collections.—
(1) In general.—Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall—
(A) be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including all costs associated with collecting
the fee; and
(C) remain available until expended.
(2) Continuing appropriations.—The Administrator may continue to assess, collect, and spend fees established under this section during any period in
which the funding for the Federal Aviation Administration is provided under an Act providing continuing appropriations in lieu of the Administration's regular
appropriations.
(3) Adjustments.—The Administrator shall adjust a fee established under subsection (a) for a service or activity if the Administrator determines that the
actual cost of the service or activity is higher or lower than was indicated by the cost data used to establish such fee.
(Added Pub. L. 112–95, title I, §122(a), Feb. 14, 2012, 126 Stat. 19; amended Pub. L. 115–254, div. B, title II, §244, Oct. 5, 2018, 132 Stat. 3260.)
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254, §244(1), substituted "Subject to subsection (c)" for "Subject to subsection (b)" in introductory provisions.
Subsecs. (b) to (d). Pub. L. 115–254, §244(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

§45306. Manual surcharge
(a) In General.—Not later 3 years after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall impose and collect a surcharge
on a Civil Aviation Registry transaction that—
(1) is conducted in person at the Civil Aviation Registry;
(2) could be conducted, as determined by the Administrator, with the same or greater level of efficiency by electronic or other remote means; and
(3) is not related to research or other non-commercial activities.
(b) Maximum Surcharge.—A surcharge imposed and collected under subsection (a) shall not exceed twice the maximum fee the Administrator is authorized
to charge for the registration of an aircraft, not used to provide air transportation, after the transfer of ownership under section 45302(b)(2).

(c) Credit to Account and Availability.—Monies collected from a surcharge imposed under subsection (a) shall be treated as monies collected under
section 45302 and subject to the terms and conditions set forth in section 45302(d).
(Added Pub. L. 115–254, div. B, title V, §546(d), Oct. 5, 2018, 132 Stat. 3376.)
Editorial Notes

References in Text
The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which
was approved Oct. 5, 2018.

subpart iv—enforcement and penalties

CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS
Sec.

46101.
46102.
46103.
46104.
46105.
46106.
46107.
46108.
46109.
46110.
46111.

Complaints and investigations.
Proceedings.
Service of notice, process, and actions.
Evidence.
Regulations and orders.
Enforcement by the Department of Transportation.
Enforcement by the Attorney General.
Enforcement of certificate requirements by interested persons.
Joinder and intervention.
Judicial review.
Certificate actions in response to a security threat.
Editorial Notes

Amendments
2003—Pub. L. 108–176, title VI, §601(b), Dec. 12, 2003, 117 Stat. 2563, added item 46111.
2001—Pub. L. 107–71, title I, §140(b)(8), Nov. 19, 2001, 115 Stat. 641, substituted "Department of Transportation" for "Secretary of

Transportation and Administrator of the Federal Aviation Administration" in item 46106.

§46101. Complaints and investigations
(a) General.—(1) A person may file a complaint in writing with the Secretary of Transportation (or the Administrator of the Transportation Security
Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the
Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the
Federal Aviation Administration) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this
section, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall investigate the
complaint if a reasonable ground appears to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration for the investigation.

(2) On the initiative of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as
appropriate, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may conduct an
investigation, if a reasonable ground appears to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal
Aviation Administration for the investigation, about—
(A) a person violating this part or a requirement prescribed under this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may
dismiss a complaint without a hearing when the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration is of the opinion that the complaint does not state facts that warrant an investigation or action.
(4) After notice and an opportunity for a hearing and subject to section 40105(b) of this title, the Secretary of Transportation, Administrator of the
Transportation Security Administration, or Administrator of the Federal Aviation Administration shall issue an order to compel compliance with this part if the
Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration finds in an investigation under this
subsection that a person is violating this part.
(b) Complaints Against Members of Armed Forces.—The Secretary of Transportation, Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration shall refer a complaint against a member of the armed forces of the United States performing official duties
to the Secretary of the department concerned for action. Not later than 90 days after receiving the complaint, the Secretary of that department shall inform the
Secretary of Transportation, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration of the action
taken on the complaint, including any corrective or disciplinary action taken.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1)–(3), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46101(a)(1)

49 App.:1482(a) (1st, 2d sentences).

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46101(a)(2)

46101(a)(3)

46101(a)(4)

49 App.:1482(b).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1482(a) (3d sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1482(c).

46101(b)

49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1482(a) (4th, last
sentences).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1002(a), (b),
72 Stat. 788.
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.
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.

Aug. 23, 1958, Pub. L. 85–726, §1002(c), 72
Stat. 789; Feb. 15, 1980, Pub. L. 96–192,
§25, 94 Stat. 47.

49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a)(1), the words "the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to
aviation safety duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement
prescribed under this part" are substituted for "the Secretary of Transportation or the Board, as to matters within their respective jurisdictions
. . . with respect to anything done or omitted to be done by any person in contravention of any provisions of this chapter, or of any requirement
established pursuant thereto" for clarity and because of the restatement. The words "Except as provided in subsection (b) of this section" are
added because of the restatement of the source provisions in subsection (b) of this section. The words "If the person complained against shall
not satisfy the complaint and" are omitted as surplus.
In subsection (a)(2), before clause (A), the words "the Secretary of Transportation or the Administrator, as appropriate" are substituted for
"The Secretary of Transportation or Board, with respect to matters within their respective jurisdictions" to eliminate unnecessary words. The
words "if a reasonable ground appears to the Secretary or Administrator for the investigation" are substituted for 49 App.:1482(b) (last
sentence) for clarity and to eliminate unnecessary words. Clause (A) is substituted for "in any case and as to any matter or thing within their
respective jurisdictions, concerning which complaint is authorized to be made to or before the Secretary of Transportation or Board by any
provision of this chapter . . . or relating to the enforcement of any of the provisions of this chapter" for clarity and to eliminate unnecessary
words.
In subsection (a)(4), the words "an opportunity for a" are added for consistency in the revised title and with other titles of the United States
Code. The words "compel compliance with this part" are substituted for "compel such person to comply therewith" for clarity. The words "in an
investigation under this subsection" are substituted for "in any investigation instituted upon complaint or upon their own initiative" to eliminate
unnecessary words. The words "is violating this part" are substituted for "has failed to comply with any provision of this chapter or any
requirement established pursuant thereto" for clarity and to eliminate unnecessary words. The words "with respect to matters within their
jurisdiction" are omitted as unnecessary because of the restatement.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever
appearing.
Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.
Subsec. (a)(1). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the
Administrator)".
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
2001—Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), (2), inserted "the Under Secretary of Transportation for Security with respect to security
duties and powers designated to be carried out by the Under Secretary or" after "(or" and substituted ", Under Secretary, or Administrator" for
"or Administrator" in two places.
Subsec. (a)(2). Pub. L. 107–71, §140(b)(2), (3), in introductory provisions, substituted ", Under Secretary, or Administrator, as" for "of
Transportation or the Administrator, as" and substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.
Subsec. (a)(3), (4). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.
Subsec. (b). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.
Statutory Notes and Related Subsidiaries

Authority for Legal Counsel To Issue Certain Notices
Pub. L. 115–254, div. B, title III, §396, Oct. 5, 2018, 132 Stat. 3327, provided that: "Not later than 90 days after the date of enactment of this Act
[Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall designate the appropriate legal counsel of the [Federal Aviation]
Administration as an appropriate official for purposes of section 13.11 of title 14, Code of Federal Regulations."

§46102. Proceedings
(a) Conducting Proceedings.—Subject to subchapter II of chapter 5 of title 5, the Secretary of Transportation (or the Administrator of the Transportation
Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration
or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of
the Federal Aviation Administration) may conduct proceedings in a way conducive to justice and the proper dispatch of business.
(b) Appearance.—A person may appear and be heard before the Secretary, the Administrator of the Transportation Security Administration, and the
Administrator of the Federal Aviation Administration in person or by an attorney. The Secretary may appear and participate as an interested party in a
proceeding the Administrator of the Federal Aviation Administration conducts under section 40113(a) of this title.
(c) Recording and Public Access.—Official action taken by the Secretary, Administrator of the Transportation Security Administration, and Administrator of
the Federal Aviation Administration under this part shall be recorded. Proceedings before the Secretary, Administrator of the Transportation Security
Administration, and Administrator of the Federal Aviation Administration shall be open to the public on the request of an interested party unless the Secretary,
Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration decides that secrecy is required because of
national defense.
(d) Conflicts of Interest.—The Secretary, the Administrator of the Transportation Security Administration, the Administrator of the Federal Aviation
Administration, or an officer or employee of the Federal Aviation Administration may not participate in a proceeding referred to in subsection (a) of this section in
which the individual has a pecuniary interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1), (2), (4)–(6), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1)–(5), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46102(a)

49 App.:1481 (1st sentence).

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46102(b)

46102(c)

46102(d)

49 App.:1481 (3d, 4th sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1481 (last sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1481 (2d sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1001, 72
Stat. 788.
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.
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.

In subsection (a), the cross-reference to chapter 7 of title 5 is omitted as unnecessary.
In subsection (b), the text of 49 App.:1481 (4th sentence words after last comma) is omitted as obsolete. The words "National Transportation
Safety Board" were substituted for "Board" in 49 App.:1481 (4th sentence) because 49 App.:1655(d) transferred all functions, duties, and
powers of the Civil Aeronautics Board under titles VI and VII of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775) to the
Secretary of Transportation to be carried out through the former National Transportation Safety Board in the Department of Transportation.
Title VI includes sections 602 and 609 [49 App.:1422, 1429], that provide for appeals to the Civil Aeronautics Board (subsequently transferred
to the National Transportation Safety Board), and section 611(e) [49 App.:1431(e)], that provides for appeals to the National Transportation
Safety Board. Under 49 App.:1902(a), the National Transportation Safety Board in the Department of Transportation was replaced by an
independent National Transportation Safety Board outside the Department, and 49 App.:1903(a)(9)(A) gave the independent Board the
authority to review appeals from actions of the Secretary under 49 App.:1422, 1429, and 1431(e).
In subsection (c), the words "vote and" are omitted as surplus.
In subsection (d), the words "officer or employee of the Administration" are substituted for "member" for clarity and consistency in the
revised title and with other titles of the United States Code. The words "hearing or" are omitted as surplus. The words "referred to in
subsection (a) of this section" are added for clarity.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever
appearing.
Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
Subsec. (b). Pub. L. 115–254, §1991(f)(5)(A), substituted "the Administrator of the Federal Aviation Administration" for "the Administrator" in
two places.
Subsec. (c). Pub. L. 115–254, §1991(f)(5)(B), substituted "and Administrator of the Federal Aviation Administration" for "and Administrator" in
two places.
Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator".
Subsec. (d). Pub. L. 115–254, §1991(f)(5)(C), substituted "the Administrator of the Federal Aviation Administration, or an officer or employee
of the Federal Aviation Administration" for "the Administrator, or an officer or employee of the Administration".
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or" after "(or".
Subsec. (b). Pub. L. 107–71, §140(b)(4), substituted ", the Under Secretary, and the Administrator" for "and the Administrator".
Subsec. (c). Pub. L. 107–71, §140(b)(2), (5), substituted ", Under Secretary, and Administrator" for "and Administrator" in two places and
", Under Secretary, or Administrator" for "or Administrator".
Subsec. (d). Pub. L. 107–71, §140(b)(6), inserted "the Under Secretary," after "Secretary,".

§46103. Service of notice, process, and actions
(a) Designating Agents.—(1) Each air carrier and foreign air carrier shall designate an agent on whom service of notice and process in a proceeding before,
and an action of, the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers
designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may be made.

(2) The designation—
(A) shall be in writing and filed with the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration; and
(B) may be changed in the same way as originally made.
(b) Service.—(1) Service may be made—
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the designated agent of the person.
(2) The date of service made by certified or registered mail is the date of mailing.
(c) Serving Agents.—Service on an agent designated under this section shall be made at the office or usual place of residence of the agent. If an air carrier
or foreign air carrier does not have a designated agent, service may be made by posting the notice, process, or action in the office of the Secretary,
Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46103(a)

49 App.:1485(b) (1st sentence).

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46103(b)

49 App.:1485(c).

46103(c)

49 App.:1485(b) (last sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1005(b), 72
Stat. 794..
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.
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.
Aug. 23, 1958, Pub. L. 85–726, §1005(c), 72
Stat. 794; restated Aug. 25, 1959, Pub. L.
86–199, 73 Stat. 427.

In subsection (a)(1), the words "in a proceeding before" are added for clarity. The word "action" is substituted for "orders, decisions, and
requirements" to eliminate unnecessary words. The words "for and on behalf of said carrier" are omitted as surplus.
In subsection (a)(2)(B), the words "from time to time" are omitted as surplus.
In subsection (b)(1)(B), the words "in writing for the purpose" are omitted as surplus.
In subsection (b)(1)(C), the word "addressed" is omitted as surplus.
In subsection (b)(2), the word "date" is substituted for "time" for clarity and consistency.
In subsection (c), the words "with like effect as if made personally upon such carrier" are omitted as surplus.
Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the
Administrator)".
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
Subsec. (a)(2)(A). Pub. L. 115–254, §1991(f)(2), (4), substituted "Administrator of the Transportation Security Administration," for "Under
Secretary," and "or Administrator of the Federal Aviation Administration" for "or Administrator".
Subsec. (c). Pub. L. 115–254, §1991(f)(2), (4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary,"
and "or Administrator of the Federal Aviation Administration" for "or Administrator".
2001—Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties
and powers designated to be carried out by the Under Secretary or" after "(or".
Subsec. (a)(2)(A). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".
Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

§46104. Evidence
(a) General.—In conducting a hearing or investigation under this part, the Secretary of Transportation (or the Administrator of the Transportation Security
Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the
Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the
Federal Aviation Administration) may—
(1) subpoena witnesses and records related to a matter involved in the hearing or investigation from any place in the United States to the designated place
of the hearing or investigation;
(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence at a place in the United States the Secretary, Administrator of the Transportation Security Administration, or Administrator of the
Federal Aviation Administration designates.
(b) Compliance With Subpoenas.—If a person disobeys a subpoena, the Secretary, the Administrator of the Transportation Security Administration, the
Administrator of the Federal Aviation Administration, or a party to a proceeding before the Secretary, Administrator of the Transportation Security Administration,
or Administrator of the Federal Aviation Administration may petition a court of the United States to enforce the subpoena. A judicial proceeding to enforce a
subpoena under this section may be brought in the jurisdiction in which the proceeding or investigation is conducted. The court may punish a failure to obey an
order of the court to comply with the subpoena as a contempt of court.
(c) Depositions.—(1) In a proceeding or investigation, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the
Federal Aviation Administration may order a person to give testimony by deposition and to produce records. If a person fails to be deposed or to produce
records, the order may be enforced in the same way a subpoena may be enforced under subsection (b) of this section.
(2) A deposition may be taken before an individual designated by the Secretary, Administrator of the Transportation Security Administration, or Administrator of
the Federal Aviation Administration and having the power to administer oaths.
(3) Before taking a deposition, the party or the attorney of the party proposing to take the deposition must give reasonable notice in writing to the opposing
party or the attorney of record of that party. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be under oath. The person taking the deposition shall prepare, or cause to be prepared, a
transcript of the testimony taken. The transcript shall be subscribed by the deponent. Each deposition shall be filed promptly with the Secretary, Administrator of
the Transportation Security Administration, or Administrator of the Federal Aviation Administration.
(5) If the laws of a foreign country allow, the testimony of a witness in that country may be taken by deposition—
(A) by a consular officer or an individual commissioned by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the
Federal Aviation Administration or agreed on by the parties by written stipulation filed with the Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation Administration; or

(B) under letters rogatory issued by a court of competent jurisdiction at the request of the Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation Administration.
(d) Witness Fees and Mileage and Certain Foreign Country Expenses.—A witness summoned before the Secretary, Administrator of the Transportation
Security Administration, or Administrator of the Federal Aviation Administration or whose deposition is taken under this section and the individual taking the
deposition are each entitled to the same fee and mileage that the witness and individual would have been paid for those services in a court of the United States.
Under regulations of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, the
Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall pay the necessary expenses
incident to executing, in another country, a commission or letter rogatory issued at the initiative of the Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation Administration.
(e) Designating Employees To Conduct Hearings.—When designated by the Secretary, Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration, an employee appointed under section 3105 of title 5 may conduct a hearing, subpoena witnesses,
administer oaths, examine witnesses, and receive evidence at a place in the United States the Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation Administration designates. On request of a party, the Secretary, Administrator of the Transportation
Security Administration, or Administrator of the Federal Aviation Administration shall hear or receive argument.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227; Pub. L. 107–71, title I, §140(b)(1), (2), (6), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1)–(4), (6), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46104(a)

Source (U.S. Code)
49 App.:1354(c) (related to this
chapter).

49 App.:1484(a) (related to member
of the Board), (b) (1st sentence),
(c) (1st sentence).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46104(b)

49 App.:1354(c) (related to this
chapter).
49 App.:1484(c) (last sentence), (d).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).
49 App.:1484(e) (1st, last
sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).

46104(c)(1)

46104(c)(2)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§313(c)
(related to this Act), 1004(a)–(h), 72 Stat.
753, 792.

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.
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.

46104(c)(3)

46104(c)(4)

46104(c)(5)

46104(d)

46104(e)

49 App.:1484(e) (2d sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).
49 App.:1484(e) (3d sentence).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).
49 App.:1484(f).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).
49 App.:1484(g).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).
49 App.:1484(b) (last sentence), (h).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1354(c) (related to this
chapter).
49 App.:1484(a) (related to
examiner).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In this section, the word "Administrator" in section 313(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on
authority of 49:106(g).
Subsection (a)(1) is substituted for "sign and issue subpenas", "shall have the power to require by subpena the attendance and testimony of
witnesses and the production of all books, papers, and documents relating to any matter under investigation", and "The attendance of
witnesses, and the production of books, papers, and documents, may be required from any place in the United States, at any designated
place of hearing" in 49 App.:1484 for clarity and consistency in the revised title and with other titles of the United States Code and to eliminate
unnecessary words.
In subsection (b), the words "petition a court of the United States to enforce the subpena" are substituted for "invoke the aid of any court of
the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the
provisions of this section" in 49 App.:1484(c) to eliminate unnecessary words. The words "to enforce a subpena under this section" are
substituted for "in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear
before the Board (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question" in 49
App.:1484(d) to eliminate unnecessary words.
In subsection (c)(1), the words "pending before it, at any stage of such proceeding or investigation" in 49 App.:1484(e) are omitted as
surplus. The words "a person to give" are substituted for "to be taken", and the words "to produce records" are added, for clarity and

consistency. The last sentence is substituted for 49 App.:1484(e) (last sentence) for clarity and consistency and to eliminate unnecessary
words.
In subsection (c)(4), the words "shall be cautioned . . . to testify the whole truth, and shall be carefully examined" in 49 App.:1484(f) are
omitted as surplus. The words "shall be under oath" are substituted for "shall be required to swear (or affirm, if he so requests)" for consistency
and because of 1:1.
In subsection (d), the words "that the witness and individual would have been" are added for clarity and consistency in the revised title and
with other titles of the Code. The words "fees, charges, or" and "on the subject" are omitted as surplus.
In subsection (e), the words "duly . . . for such purpose" are omitted as surplus. The words "employee appointed under section 3105 of title 5"
are substituted for "examiner", and the words "subpena witnesses" are substituted for "sign and issue subpenas", for consistency in the
revised title and with other titles of the Code. The words "In all cases heard by an examiner or a single member" are omitted as surplus.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(f)(6)(A), substituted "subpoena" for "subpena" wherever appearing.
Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever

appearing.

Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)"

in introductory provisions.
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary" in introductory provisions.
Subsec. (b). Pub. L. 115–254, §1991(f)(6)(B), substituted "Subpoenas" for "Subpenas" in heading and "the Administrator of the Federal
Aviation Administration, or" for "the Administrator, or" in text.
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), in introductory provisions inserted "the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".
Subsec. (a)(4). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".
Subsec. (b). Pub. L. 107–71, §140(b)(2), (6), inserted "the Under Secretary," after 'Secretary," and substituted ", Under Secretary, or
Administrator" for "or Administrator".
Subsecs. (c) to (e). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.

§46105. Regulations and orders
(a) Effectiveness of Orders.—Except as provided in this part, a regulation prescribed or order issued by the Secretary of Transportation (or the
Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to
be carried out by the Administrator of the Federal Aviation Administration) takes effect within a reasonable time prescribed by the Secretary, Administrator of the
Transportation Security Administration, or Administrator of the Federal Aviation Administration. The regulation or order remains in effect under its own terms or
until superseded. Except as provided in this part, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal
Aviation Administration may amend, modify, or suspend an order in the way, and by giving the notice, the Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation Administration decides.
(b) Contents and Service of Orders.—An order of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the
Federal Aviation Administration shall include the findings of fact on which the order is based and shall be served on the parties to the proceeding and the
persons affected by the order.

(c) Emergencies.—When the Administrator of the Federal Aviation Administration is of the opinion that an emergency exists related to safety in air commerce
and requires immediate action, the Administrator, on the initiative of the Administrator or on complaint, may prescribe regulations and issue orders immediately
to meet the emergency, with or without notice and without regard to this part and subchapter II of chapter 5 of title 5. The Administrator shall begin a proceeding
immediately about an emergency under this subsection and give preference, when practicable, to the proceeding.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1228; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1)–(4), (7), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46105(a)

Source (U.S. Code)

49 App.:1485(a) (words before 1st
proviso), (d), (e).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46105(b)

46105(c)

49 App.:1485(f).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1485(a) (provisos).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1005(a),
(d)–(f), 72 Stat. 794.
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.
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.

In subsection (a), the words "under its own terms or until superseded" are substituted for "until their further order, rule, or regulation, or for a
specified period of time, as shall be prescribed in the order, rule, or regulation" for clarity and to eliminate unnecessary words. The word
"amend" is added for consistency in the revised title. The text of 49 App.:1485(e) is omitted as surplus.
In subsection (c), the words "without complaint" and "if he so orders" are omitted as surplus. The words "prescribe . . . issue" are substituted
for "make" for consistency in the revised title and with other titles of the United States Code. The words "just and reasonable" and "as may be
essential in the interest of safety in air commerce" are omitted as surplus. The words "without regard to this part and subchapter II of chapter 5
of title 5" are substituted for "without answer or other form of pleading by the interested person or persons, and . . . hearing, or the making or
filing of a report" to eliminate unnecessary words. The words "over all others under this chapter" are omitted as surplus.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever
appearing.
Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
Subsec. (c). Pub. L. 115–254, §1991(f)(7), substituted "When the Administrator of the Federal Aviation Administration" for "When the
Administrator".

2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), (2), inserted "the Under Secretary of Transportation for Security with respect to security duties
and powers designated to be carried out by the Under Secretary or" after "(or" and substituted ", Under Secretary, or Administrator" for "or
Administrator" wherever appearing.
Subsec. (b). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

§46106. Enforcement by the Department of Transportation
The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be
carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may bring a civil action against a person in a
district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this
part. The action may be brought in the judicial district in which the person does business or the violation occurred.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229; Pub. L. 107–71, title I, §140(b)(1), (7), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1), (3), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46106

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1487(a) (related to Secretary Aug. 23, 1958, Pub. L. 85–726, §1007(a)
and CAB).
(related to Administrator and CAB), 72
Stat. 796.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(E); added Oct. 4, 1984, Pub.
L. 98–443, §3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.

The words "their duly authorized agents" are omitted as surplus. The words "may bring a civil action" are substituted for "may apply" for
consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.). The word "prescribed" is added for consistency in the revised title and with other titles of the Code. The words "condition, or limitation"
are omitted as being included in "term". The text of 49 App.:1487(a) (words after semicolon related to Secretary and CAB) is omitted as
surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and

powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
2001—Pub. L. 107–71, §140(b)(7), substituted "Department of Transportation" for "Secretary of Transportation and Administrator of the
Federal Aviation Administration" in section catchline.
Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers
designated to be carried out by the Under Secretary or" after "(or".

§46107. Enforcement by the Attorney General
(a) Civil Actions To Enforce Section 40106(b).—The Attorney General may bring a civil action in a district court of the United States against a person to
enforce section 40106(b) of this title. The action may be brought in the judicial district in which the person does business or the violation occurred.
(b) Civil Actions To Enforce This Part.—(1) On request of the Secretary of Transportation (or the Administrator of the Transportation Security
Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the
Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the
Federal Aviation Administration), the Attorney General may bring a civil action in an appropriate court—
(A) to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part; and
(B) to prosecute a person violating this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this
part.
(2) The costs and expenses of a civil action shall be paid out of the appropriations for the expenses of the courts of the United States.
(c) Participation of Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration.—On request of the Attorney General, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal
Aviation Administration, as appropriate, may participate in a civil action under this part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I,
§1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46107(a)

46107(b)

46107(c)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1487(a) (related to Attorney
General).

Aug. 23, 1958, Pub. L. 85–726, §1007(a)
(related to Attorney General), 72 Stat. 796;
Aug. 5, 1974, Pub. L. 93–366, §108, 88
Stat. 414.
49 App.:1487(b) (related to Secretary Aug. 23, 1958, Pub. L. 85–726, §§1007(b)
and CAB).
(related to Administrator and CAB), 1008
(related to Administrator and CAB), 72
Stat. 796.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(E); added Oct. 4, 1984, Pub.
L. 98–443, §3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.
49 App.:1488 (related to Secretary
and CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a), the words "may bring a civil action" are substituted for "may apply" for consistency in the revised title and with other titles
of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) (words after
semicolon related to Attorney General) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure.
In subsection (b)(1), before clause (A), the words "Attorney General" are substituted for "any district attorney of the United States to whom
the Board or Secretary of Transportation may apply", and the words "under the direction of the Attorney General" are omitted, because of

28:503 and 509. The words "bring a civil action" are substituted for "institute . . . and to prosecute . . . all necessary proceedings" for
consistency in the revised title and with other titles of the Code and rule 2 of the Federal Rules of Civil Procedure. In clauses (A) and (B), the
words "prescribed" and "issued" are added for consistency in the revised title and with other titles of the Code. The words "condition, or
limitation" are omitted as being included in "term".
In subsection (b)(2), the words "civil action" are substituted for "prosecutions" for consistency in the revised title and with other titles of the
Code.
In subsection (c), the words "civil action" are substituted for "proceeding in court" for consistency in the revised title and with other titles of
the Code and rule 2 of the Federal Rules of Civil Procedure.
Editorial Notes

Amendments
2018—Subsec. (b)(1). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the
Administrator)" in introductory provisions.
Pub. L. 115–254, §1991(f)(1), in introductory provisions, substituted "Administrator of the Transportation Security Administration with respect
to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under
Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
Subsec. (c). Pub. L. 115–254, §1991(f)(4), which directed substitution of "Administrator of the Transportation Security Administration," for
"Under Secretary,", was executed by making the substitution in heading and text to reflect the probable intent of Congress.
Pub. L. 115–254, §1991(f)(2), which directed substitution of "or Administrator of the Federal Aviation Administration" for "or Administrator",
was executed by making the substitution in heading and text to reflect the probable intent of Congress.
2001—Subsec. (b)(1). Pub. L. 107–71, §140(b)(1), in introductory provisions, inserted "the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".
Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" in heading and text.

§46108. Enforcement of certificate requirements by interested persons
An interested person may bring a civil action in a district court of the United States against a person to enforce section 41101(a)(1) of this title. The action may
be brought in the judicial district in which the defendant does business or the violation occurred.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229.)
Historical and Revision Notes
Revised
Section
46108

Source (U.S. Code)
49 App.:1487(a) (related to party in
interest).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1007(a)
(related to party in interest), 72 Stat. 796.

The words "interested person" are substituted for "party in interest" for consistency. The words "may bring a civil action" are substituted for
"may apply" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) (words after semicolon related to party in interest) is omitted as surplus because of
28:1651 and rule 81(b) of the Federal Rules of Civil Procedure.

§46109. Joinder and intervention

A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation (or the Administrator of the
Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security
Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the
Administrator) or civil action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part
may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1230; Pub. L. 115–254, div. K, title I, §1991(f)(8), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46109

49 App.:1489.

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1009, 72
Stat. 796.
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.

The words "proceeding . . . or civil action" are substituted for "proceeding . . . whether such proceedings be instituted . . . or be begun
originally in any court of the United States" for consistency in the revised title and with other titles of the United States Code and rule 2 of the
Federal Rules of Civil Procedure (28 App. U.S.C.). The words "prescribed . . . issued" are added for consistency in the revised title and with
other titles of the Code. The words "condition, or limitation" are omitted as being included in "term". The words "may be joined as a party or
permitted to intervene" are substituted for "it shall be lawful to include as parties, or to permit the intervention of" for clarity. The text of 49
App.:1489 (words after semicolon) is omitted as surplus.
Editorial Notes

Amendments
2018—Pub. L. 115–254 inserted "(or the Administrator of the Transportation Security Administration with respect to security duties and powers
designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator)" after "Secretary of
Transportation".

§46110. Judicial review
(a) Filing and Venue.—Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title,
a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation
Administration) in whole or in part under this part, part B, or subsection (l) or (s) 1 of section 114 may apply for review of the order by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or
has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the
60th day only if there are reasonable grounds for not filing by the 60th day.
(b) Judicial Procedures.—When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to
the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary,
Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any
proceeding in which the order was issued, as provided in section 2112 of title 28.

(c) Authority of Court.—When the petition is sent to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the
Federal Aviation Administration, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary,
Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to conduct further proceedings. After
reasonable notice to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, the court
may grant interim relief by staying the order or taking other appropriate action when good cause for its action exists. Findings of fact by the Secretary,
Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, if supported by substantial evidence, are
conclusive.
(d) Requirement for Prior Objection.—In reviewing an order under this section, the court may consider an objection to an order of the Secretary,
Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration only if the objection was made in the
proceeding conducted by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration or if
there was a reasonable ground for not making the objection in the proceeding.
(e) Supreme Court Review.—A decision by a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1230; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 108–176, title II, §228, Dec.
12, 2003, 117 Stat. 2532; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642.)
Historical and Revision Notes
Revised
Section
46110(a)

46110(b)

46110(c)

46110(d)

46110(e)

Source (U.S. Code)
49 App.:1486(a), (b) (as 1486(a), (b)
relates to Secretary and CAB).

Source (Statutes at Large)

Aug. 23, 1958, Pub. L. 85–726, §1006(a), (b),
(e), (f) (as §1006(a), (b), (e), (f) relates to
Administrator and CAB), 72 Stat. 795.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1601(b)(1)(E); added Oct. 4, 1984, Pub.
L. 98–443, §3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.
49 App.:1486(c) (related to Secretary Aug. 23, 1958, Pub. L. 85–726, §1006(c)
and CAB).
(related to Administrator and CAB), 72
Stat. 795; restated June 29, 1960, Pub. L.
86–546, §1, 74 Stat. 255.
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1486(d) (related to Secretary Aug. 23, 1958, Pub. L. 85–726, §1006(d)
and CAB).
(related to Administrator and CAB), 72
Stat. 795; restated Sept. 13, 1961, Pub. L.
87–225, §2, 75 Stat. 497.
49 App.:1486(e) (1st sentence
related to Secretary and CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1486(e) (last sentence)
(related to Secretary and CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
49 App.:1486(f) (related to Secretary

and CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsections (a)–(d), the word "Administrator" in section 1006 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 795) is
retained on authority of 49:106(g).
In subsection (a), the words "affirmative or negative" are omitted as surplus. The words "is issued" are substituted for "the entry of" for
consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words "if any" are omitted as surplus. The words "of any proceeding" are added for clarity. The words "complained of"
are omitted as surplus.
In subsection (c), the word "amend" is added for consistency in the revised title. The word "interim" is substituted for "interlocutory" for
clarity. The words "taking other appropriate action" are substituted for "by such mandatory or other relief as may be appropriate" for clarity and
to eliminate unnecessary words.
In subsection (d), the words "made in the proceeding conducted by" are substituted for "urged before" for clarity.
Editorial Notes

References in Text
Subsection (s) of section 114, referred to in subsec. (a), was redesignated subsec. (r) by Pub. L. 110–161, div. E, title V, §568(a), Dec. 26,
2007, 121 Stat. 2092.

Amendments
2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever
appearing.
Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".
Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation
for Security with respect to security duties and powers designated to be carried out by the Under Secretary".
2003—Subsec. (a). Pub. L. 108–176, in first sentence, struck out "safety" before "duties and powers designated to be carried out by the
Administrator)" and substituted "in whole or in part under this part, part B, or subsection (l) or (s) of section 114" for "under this part".
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or" after "(or".
Subsecs. (b) to (d). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.
Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see
section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
1 See References in Text note below.

§46111. Certificate actions in response to a security threat
(a) Orders.—The Administrator of the Federal Aviation Administration shall issue an order amending, modifying, suspending, or revoking any part of a
certificate issued under this title if the Administrator of the Federal Aviation Administration is notified by the Administrator of the Transportation Security
Administration that the holder of the certificate poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety. If
requested by the Administrator of the Transportation Security Administration, the order shall be effective immediately.
(b) Hearings for Citizens.—An individual who is a citizen of the United States who is adversely affected by an order of the Administrator of the Federal
Aviation Administration under subsection (a) is entitled to a hearing on the record.
(c) Hearings.—When conducting a hearing under this section, the administrative law judge shall not be bound by findings of fact or interpretations of laws and
regulations of the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration.
(d) Appeals.—An appeal from a decision of an administrative law judge as the result of a hearing under subsection (b) shall be made to the Transportation
Security Oversight Board established by section 115. The Board shall establish a panel to review the decision. The members of this panel (1) shall not be
employees of the Transportation Security Administration, (2) shall have the level of security clearance needed to review the determination made under this
section, and (3) shall be given access to all relevant documents that support that determination. The panel may affirm, modify, or reverse the decision.
(e) Review.—A person substantially affected by an action of a panel under subsection (d), or the Administrator of the Transportation Security Administration
when the Administrator of the Transportation Security Administration decides that the action of the panel under this section will have a significant adverse impact
on carrying out this part, may obtain review of the order under section 46110. The Administrator of the Transportation Security Administration and the
Administrator of the Federal Aviation Administration shall be made a party to the review proceedings. Findings of fact of the panel are conclusive if supported by
substantial evidence.
(f) Explanation of Decisions.—An individual who commences an appeal under this section shall receive a written explanation of the basis for the
determination or decision and all relevant documents that support that determination to the maximum extent that the national security interests of the United
States and other applicable laws permit.
(g) Classified Evidence.—
(1) In general.—The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation
Administration and the Director of Central Intelligence, shall issue regulations to establish procedures by which the Administrator of the Transportation Security
Administration, as part of a hearing conducted under this section, may provide an unclassified summary of classified evidence upon which the order of the
Administrator of the Federal Aviation Administration was based to the individual adversely affected by the order.
(2) Review of classified evidence by administrative law judge.—
(A) Review.—As part of a hearing conducted under this section, if the order of the Administrator of the Federal Aviation Administration issued under
subsection (a) is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information
may be submitted by the Administrator of the Transportation Security Administration to the reviewing administrative law judge, pursuant to appropriate
security procedures, and shall be reviewed by the administrative law judge ex parte and in camera.
(B) Security clearances.—Pursuant to existing procedures and requirements, the Administrator of the Transportation Security Administration shall, in
coordination, as necessary, with the heads of other affected departments or agencies, ensure that administrative law judges reviewing orders of the
Administrator of the Federal Aviation Administration under this section possess security clearances appropriate for their work under this section.
(3) Unclassified summaries of classified evidence.—As part of a hearing conducted under this section and upon the request of the individual adversely
affected by an order of the Administrator of the Federal Aviation Administration under subsection (a), the Administrator of the Transportation Security
Administration shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under paragraph (1), an
unclassified summary of any classified information upon which the order of the Administrator of the Federal Aviation Administration is based.
(Added Pub. L. 108–176, title VI, §601(a), Dec. 12, 2003, 117 Stat. 2561; amended Pub. L. 115–254, div. B, title V, §539(l), div. K, title I, §1991(f)(9), Oct. 5,
2018, 132 Stat. 3371, 3643.)
Editorial Notes

References in Text

Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(2)(A), is section 1(a) of Pub. L. 96–456, which is set out in
the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments
2018—Pub. L. 115–254, §1991(f)(9)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(f)(9)(A), inserted "the" before "Federal Aviation Administration shall issue" and substituted "Administrator
of the Federal Aviation Administration is notified by the Administrator of the Transportation Security Administration" for "Administrator is
notified by the Under Secretary for Border and Transportation Security of the Department of Homeland Security".
Subsecs. (b), (c), (e). Pub. L. 115–254, §1991(f)(9)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsec. (g). Pub. L. 115–254, §1991(f)(9)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator" wherever
appearing.
Subsec. (g)(2)(A). Pub. L. 115–254, §§539(l), 1991(f)(9)(C), made identical amendments, substituting "(18 U.S.C. App.))" for "(18 U.S.C.
App.)".
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

Deemed References to Chapters 509 and 511 of Title 51
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see
section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

CHAPTER 463—PENALTIES
Sec.

46301.
46302.
46303.
46304.
46305.
46306.
46307.
46308.
46309.
46310.
46311.
46312.
46313.
46314.
46315.
46316.

Civil penalties.
False information.
Carrying a weapon.
Liens on aircraft.
Actions to recover civil penalties.
Registration violations involving aircraft not providing air transportation.
Violation of national defense airspace.
Interference with air navigation.
Concession and price violations.
Reporting and recordkeeping violations.
Unlawful disclosure of information.
Transporting hazardous material.
Refusing to appear or produce records.
Entering aircraft or airport area in violation of security requirements.
Lighting violations involving transporting controlled substances by aircraft not providing air
transportation.
General criminal penalty when specific penalty not provided.

46317.
46318.
46319.
46320.

Criminal penalty for pilots operating in air transportation without an airman's certificate.
Interference with cabin or flight crew.
Permanent closure of an airport without providing sufficient notice.
Interference with wildfire suppression, law enforcement, or emergency response effort by
operation of unmanned aircraft.
Editorial Notes

Amendments
2016—Pub. L. 114–190, title II, §2205(c), July 15, 2016, 130 Stat. 631, added item 46320.
2003—Pub. L. 108–176, title I, §185(b), Dec. 12, 2003, 117 Stat. 2518, added item 46319.
2000—Pub. L. 106–181, title V, §§509(b), 511(b), Apr. 5, 2000, 114 Stat. 141, 142, added items 46317 and 46318.

§46301. Civil penalties
(a) General Penalty.—(1) A person is liable to the United States Government for a civil penalty of not more than $25,000 (or $1,100 if the person is an
individual or small business concern) for violating—
(A) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter
415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II or
III of chapter 421, chapter 423, chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter
448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), chapter 451, section 47107(b) (including any
assurance made under such section), or section 47133 of this title;
(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies;
(C) any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service under this part.
(2) A separate violation occurs under this subsection for each day the violation (other than a violation of section 41719) continues or, if applicable, for each
flight involving the violation (other than a violation of section 41719).
(3) Penalty for diversion of aviation revenues.—The amount of a civil penalty assessed under this section for a violation of section 47107(b) of this title
(or any assurance made under such section) or section 47133 of this title may be increased above the otherwise applicable maximum amount under this section
to an amount not to exceed 3 times the amount of revenues that are used in violation of such section.
(4) Aviation security violations.—Notwithstanding paragraph (1) of this subsection, the maximum civil penalty for violating chapter 449 shall be $10,000;
except that the maximum civil penalty shall be $25,000 in the case of a person operating an aircraft for the transportation of passengers or property for
compensation (except an individual serving as an airman).
(5) Penalties applicable to individuals and small business concerns.—
(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000
for violating—
(i) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717–
44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909), chapter 451, or section 46314(a) of this title; or
(ii) a regulation prescribed or order issued under any provision to which clause (i) applies.
(B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern
related to—
(i) the transportation of hazardous material;
(ii) the registration or recordation under chapter 441 of an aircraft not used to provide air transportation;
(iii) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;
(iv) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or
(v) a violation of section 40127 or section 41705, relating to discrimination.

(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 committed by an individual or small business concern shall be
$5,000 instead of $1,000.
(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41712 (including a regulation prescribed or order issued under such
section) or any other regulation prescribed by the Secretary of Transportation by an individual or small business concern that is intended to afford consumer
protection to commercial air transportation passengers shall be $2,500 for each violation.
(6) Failure To Collect Airport Security Badges 1.—Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator)
who employs an employee to whom an airport security badge or other identifier used to obtain access to a secure area of an airport is issued before, on, or after
the date of enactment of this paragraph and who does not collect or make reasonable efforts to collect such badge from the employee on the date that the
employment of the employee is terminated and does not notify the operator of the airport of such termination within 24 hours of the date of such termination shall
be liable to the Government for a civil penalty not to exceed $10,000.
(7) Penalties Relating to Harm to Passengers With Disabilities 1.—
(A) Penalty for bodily harm or damage to wheelchair or other mobility aid.—The amount of a civil penalty assessed under this section for a
violation of section 41705 that involves damage to a passenger's wheelchair or other mobility aid or injury to a passenger with a disability may be increased
above the otherwise applicable maximum amount under this section for a violation of section 41705 to an amount not to exceed 3 times the maximum penalty
otherwise allowed.
(B) Each act constitutes separate offense.—Notwithstanding paragraph (2), a separate violation of section 41705 occurs for each act of discrimination
prohibited by that section.
(b) Smoke Alarm Device Penalty.—(1) A passenger may not tamper with, disable, or destroy a smoke alarm device located in a lavatory on an aircraft
providing air transportation or intrastate air transportation.
(2) An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.
(c) Procedural Requirements.—(1) The Secretary of Transportation may impose a civil penalty for the following violations only after notice and an
opportunity for a hearing:
(A) a violation of subsection (b) of this section or chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502,
41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, chapter 423, or
section 44909 of this title.
(B) a violation of a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.
(C) a violation of any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title.
(D) a violation under subsection (a)(1) of this section related to the transportation of hazardous material.
(2) The Secretary shall give written notice of the finding of a violation and the civil penalty under paragraph (1) of this subsection.
(d) Administrative Imposition of Penalties.—(1) In this subsection—
(A) "flight engineer" means an individual who holds a flight engineer certificate issued under part 63 of title 14, Code of Federal Regulations.
(B) "mechanic" means an individual who holds a mechanic certificate issued under part 65 of title 14, Code of Federal Regulations.
(C) "pilot" means an individual who holds a pilot certificate issued under part 61 of title 14, Code of Federal Regulations.
(D) "repairman" means an individual who holds a repairman certificate issued under part 65 of title 14, Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration may impose a civil penalty for a violation of chapter 401 (except sections 40103(a) and (d), 40105,
40106(b), 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448,
chapter 451, section 46301(b), section 46302 (for a violation relating to section 46504), section 46318, section 46319, section 46320, or section 47107(b) (as
further defined by the Secretary of Transportation under section 47107(k) and including any assurance made under section 47107(b)) of this title or a regulation
prescribed or order issued under any of those provisions. The Secretary of Homeland Security may impose a civil penalty for a violation of chapter 449 (except
sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909), section 46302 (except for a violation relating to section 46504), or section
46303 of this title or a regulation prescribed or order issued under any of those provisions. The Secretary of Homeland Security or Administrator of the Federal
Aviation Administration shall give written notice of the finding of a violation and the penalty.

(3) In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security or Administrator of the Federal Aviation Administration under this
subsection, the issues of liability and the amount of the penalty may not be reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of a civil action involving a penalty the
Secretary of Homeland Security or Administrator of the Federal Aviation Administration initiates if—
(A) the amount in controversy is more than—
(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;
(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or
(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;
(B) the action is in rem or another action in rem based on the same violation has been brought;
(C) the action involves an aircraft subject to a lien that has been seized by the Government; or
(D) another action has been brought for an injunction based on the same violation.
(5)(A) The Administrator of the Federal Aviation Administration may issue an order imposing a penalty under this subsection against an individual acting as a
pilot, flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason the Administrator of the Federal Aviation
Administration relied on for the proposed penalty and providing the individual an opportunity to answer the charges and be heard about why the order shall not
be issued.
(B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this subsection to the National
Transportation Safety Board. After notice and an opportunity for a hearing on the record, the Board shall affirm, modify, or reverse the order. The Board may
modify a civil penalty imposed to a suspension or revocation of a certificate.
(C) When conducting a hearing under this paragraph, the Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but
is bound by all validly adopted interpretations of laws and regulations the Administrator of the Federal Aviation Administration carries out and of written agency
policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or
otherwise not according to law.
(D) When an individual files an appeal with the Board under this paragraph, the order of the Administrator of the Federal Aviation Administration is stayed.
(6) An individual substantially affected by an order of the Board under paragraph (5) of this subsection, or the Administrator of the Federal Aviation
Administration when the Administrator of the Federal Aviation Administration decides that an order of the Board under paragraph (5) will have a significant
adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator of the Federal Aviation
Administration shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(7)(A) The Administrator of the Federal Aviation Administration may impose a penalty on a person (except an individual acting as a pilot, flight engineer,
mechanic, or repairman) only after notice and an opportunity for a hearing on the record.
(B) In an appeal from a decision of an administrative law judge as the result of a hearing under subparagraph (A) of this paragraph, the Administrator of the
Federal Aviation Administration shall consider only whether—
(i) each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence;
(ii) each conclusion of law is made according to applicable law, precedent, and public policy; and
(iii) the judge committed a prejudicial error that supports the appeal.
(C) Except for good cause, a civil action involving a penalty under this paragraph may not be initiated later than 2 years after the violation occurs.
(D) In the case of a violation of section 47107(b) of this title or any assurance made under such section—
(i) a civil penalty shall not be assessed against an individual;
(ii) a civil penalty may be compromised as provided under subsection (f); and
(iii) judicial review of any order assessing a civil penalty may be obtained only pursuant to section 46110 of this title.
(8) The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board
may impose under this subsection is—
(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;
(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or
(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.

(9) This subsection applies only to a violation occurring after August 25, 1992.
(e) Penalty Considerations.—In determining the amount of a civil penalty under subsection (a)(3) of this section related to transportation of hazardous
material, the Secretary of Transportation shall consider—
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing
business; and
(3) other matters that justice requires.
(f) Compromise and Setoff.—(1)(A) The Secretary may compromise the amount of a civil penalty imposed for violating—
(i) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447
(except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908,
and 44909), or chapter 451 of this title; or
(ii) a regulation prescribed or order issued under any provision to which clause (i) of this subparagraph applies.
(B) The Postal Service may compromise the amount of a civil penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the
penalty.
(g) Judicial Review.—An order of the Secretary or the Administrator of the Federal Aviation Administration imposing a civil penalty may be reviewed judicially
only under section 46110 of this title.
(h) Nonapplication.—(1) This section does not apply to the following when performing official duties:
(A) a member of the armed forces of the United States.
(B) a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the Administrator of the
Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security
Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration) a timely report on action taken.
(i) Small Business Concern Defined.—In this section, the term "small business concern" has the meaning given that term in section 3 of the Small
Business Act (15 U.S.C. 632).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103–305, title I, §112(c), title II, §207(c), Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103–429,
§6(60), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title V, §502(c), title VIII, §804(b), title XII, §1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286; Pub. L.
104–287, §5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, §3(c)(4), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title II, §222, title V, §§503(c),
504(b), 519(c), title VII, §§707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106–424, §15, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 107–71,
title I, §140(d)(1)–(4), Nov. 19, 2001, 115 Stat. 642; Pub. L. 107–296, title XVI, §1602, Nov. 25, 2002, 116 Stat. 2312; Pub. L. 108–176, title V, §503(a)–(c), Dec.
12, 2003, 117 Stat. 2557, 2558; Pub. L. 108–458, title IV, §4027(a), Dec. 17, 2004, 118 Stat. 3727; Pub. L. 110–53, title XIII, §1302(b), Aug. 3, 2007, 121 Stat.
392; Pub. L. 110–161, div. E, title V, §542, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 112–74, div. D, title V, §564(a), Dec. 23, 2011, 125 Stat. 981; Pub. L. 112–95,
title IV, §415(b), title VIII, §803, Feb. 14, 2012, 126 Stat. 96, 119; Pub. L. 113–188, title XV, §1501(b)(2)(B), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 114–190, title
II, §2205(b), July 15, 2016, 130 Stat. 631; Pub. L. 115–254, div. B, title III, §372(e), title IV, §436, div. K, title I, §1991(g)(1), Oct. 5, 2018, 132 Stat. 3312, 3344,
3643.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
46301(a)

Source (U.S. Code)
49 App.:1303 (note).

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.

49 App.:1405 (last sentence).

49 App.:1471(a)(1) (1st, 2d
sentences less subchapter VII).

49 App.:1655(c)(1).

46301(b)

49 App.:1374(d)(2).

46301(c)

49 App.:1471(a)(1) (3d, 5th
sentences less subchapter VII).
49 App.:1551(b)(1)(E).

46301(d)(1)

49 App.:1471(a)(3)(H).

46301(d)(2)

49 App.:1303 (note).

46301(d)(3)
46301(d)(4)
46301(d)(5)
46301(d)(6)

49 App.:1471(a)(3)(A).
49 App.:1471(a)(3)(B).
49 App.:1471(a)(3)(C).
49 App.:1471(a) (3)(D)(i)–(iv).
49 App.:1471(a) (3)(D)(v) (less
Administrator under subch. VII).
49 App.:1471(a)(3)(E).
49 App.:1471(a)(3)(G).
49 App.:1471(a)(3)(F).
49 App.:1471(a)(1) (4th sentence
less subchapter VII).
49 App.:1471(a)(2) (related to

46301(d)(7)
46301(d)(8)
46301(d)(9)
46301(e)
46301(f)

Aug. 23, 1958, Pub. L. 85–726, §505 (last
sentence), 72 Stat. 774.
Aug. 23, 1958, Pub. L. 85–726, §901(a)(1)
(less title VII), 72 Stat. 783; restated July
10, 1962, Pub. L. 87–528, §12, 76 Stat.
149; Aug. 5, 1974, Pub. L. 93–366, §107,
88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633,
§113(b), 88 Stat. 2162; Oct. 24, 1978, Pub.
L. 95–504, §35(a), 92 Stat. 1740; Aug. 8,
1985, Pub. L. 99–83, §551(b)(2), 99 Stat.
225; Dec. 30, 1987, Pub. L. 100–223,
§204(a)– (c), 101 Stat. 1519; Nov. 18,
1988, Pub. L. 100–690, §7208(a), 102
Stat. 4429.
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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§404(d)(2); added Dec. 22, 1987, Pub. L.
100–202, §328(a), 101 Stat. 1329–383.

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.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§901(a)(3) (less (D)(v) (related to
Administrator under title VII)); added Nov.
18, 1988, Pub. L. 100–690, §7208(b), 102
Stat. 4429; restated Aug. 26, 1992, Pub. L.
102–345, §2(a), 106 Stat. 923; Oct. 31,
1992, Pub. L. 102–581, §208, 106 Stat.
4895.
Nov. 18, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.

Aug. 23, 1958, Pub. L. 85–726, §901(a)(2)

subchapter III, V, VI, or XII, §1501,
1514, or 1515(e)(2)(B), and Postal
Service).

46301(g)

46301(h)

(related to title III, V, VI, or XII, §1101, 1114,
or 1115(e)(2)(B), and Postmaster General),
72 Stat. 784; July 10, 1962, Pub. L. 87–
528, §12, 76 Stat. 150; restated Oct. 24,
1978, Pub. L. 95–504, §35(b), 92 Stat.
1740; Dec. 30, 1987, Pub. L. 100–223,
§204(d), 101 Stat. 1519.

49 App.:1551(b)(1)(E).
49 App.:1471(a)(1) (6th sentence
less subchapter VII).
49 App.:1551(b)(1)(E).
49 App.:1471(a)(1) (last sentence
less subchapter VII).
49 App.:1551(b)(1)(E).

In this section, the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words
"United States Postal Service" and "Postal Service" are substituted for "Postmaster General" because of section 4(a) of the Postal
Reorganization Act (Public Law 91–375, 84 Stat. 773).
In subsections (a)(1)(C) and (c), the words "condition, or limitation" are omitted as surplus.
In subsection (a)(2), before clause (A), the words "occurring after December 30, 1987" are omitted as obsolete.
In subsection (b)(1), the word "providing" is substituted for "engaged in" for consistency in the revised title.
In subsection (b)(2), the words "in accordance with section 1471 of this Appendix" are omitted as surplus.
In subsection (c)(1), before clause (A), the words "or his delegate" are omitted because of 49:322(b). The word "impose" is substituted for
"assessed" for consistency. The words "amount of any such" are omitted as surplus.
In subsection (d), the word "impose" is substituted for "assess" for consistency.
In subsection (d)(1), before clause (A), the words "the following definitions apply" are omitted as surplus.
In subsection (d)(2), the text of section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat 4434) is omitted as obsolete.
The words "or the delegate of the Administrator" are omitted because of 49:322(b).
In subsection (d)(4)(C), the word "or" is substituted for "and" for clarity.
In subsection (d)(5)(B) and (7)(A), the words "in accordance with section 554 of title 5" are omitted for consistency in the revised title and
because 5:554 applies to a hearing on the record unless otherwise stated.
In subsection (d)(5)(B), the words "consistent with this subsection" are omitted as surplus.
In subsection (d)(5)(C), the word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).
In subsection (d)(7)(B), before clause (i), the words "as the result of a hearing under subparagraph (A) of this paragraph" are added for
clarity.
In subsection (e), before clause (1), the words "civil penalty under subsection (a)(3) of this section related to transportation of hazardous
material" are substituted for "such penalty" for clarity. In clause (1), the word "committed" is omitted as surplus.
In subsection (f)(2), the word "imposed" is substituted for "when finally determined or fixed by order of the Board" for consistency. The words
"agreed upon" are omitted as surplus.
In subsection (g), the word "imposing" is substituted for "assessing" for consistency.
In subsection (h)(2), the words "with respect thereto" are omitted as surplus. The word "Administrator" in section 901(a)(1) of the Federal
Aviation Act of 1958 (Public Law 85–726, 72 Stat. 783) is retained on authority of 49:106(g).
Pub. L. 103–429

This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct erroneous cross-references.
Pub. L. 104–287,

§5(77)(A) and (B)

These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law
103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by
section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in
terms of chapters.

Pub. L. 104–287,

§5(77)(C)

This makes a conforming amendment to 49:46301(a)(3).
Pub. L. 104–287,

§5(77)(D)–(F)

These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct errors in the codification enacted by section 1 of the Act of July 5, 1994
(Public Law 103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as
enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by
restating it in terms of chapters.
Editorial Notes

References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of Pub. L. 110–161, which was approved Dec.
26, 2007.
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (d)(4)(A), (8), is the date of
enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

Amendments
2018—Subsec. (a)(1)(A). Pub. L. 115–254, §372(e)(1), inserted "chapter 448," after "chapter 447 (except sections 44717 and 44719–44723),".
Subsec. (a)(5)(A)(i). Pub. L. 115–254, §1991(g)(1)(A)(i), substituted "chapter 451" for "or chapter 451".
Pub. L. 115–254, §372(e)(2), inserted "chapter 448," after "chapter 447 (except sections 44717–44723),".
Subsec. (a)(5)(D). Pub. L. 115–254, §1991(g)(1)(A)(ii), inserted "of Transportation" after "Secretary".
Subsec. (a)(7). Pub. L. 115–254, §436, added par. (7).
Subsec. (d)(2). Pub. L. 115–254, §1991(g)(1)(B)(i), substituted "defined by the Secretary of Transportation" for "defined by the Secretary" and

"Administrator of the Federal Aviation Administration shall" for "Administrator shall".
Pub. L. 115–254, §372(e)(3), inserted "chapter 448," after "chapter 447 (except sections 44717 and 44719–44723),".
Subsec. (d)(3) to (7). Pub. L. 115–254, §1991(g)(1)(B)(ii), substituted "Administrator of the Federal Aviation Administration" for "Administrator"
wherever appearing.
Subsec. (d)(8). Pub. L. 115–254, §1991(g)(1)(B)(ii), (iii), substituted "Administrator of the Transportation Security Administration" for "Under
Secretary" and "Administrator of the Federal Aviation Administration" for "Administrator" in introductory provisions.
Subsec. (e). Pub. L. 115–254, §1991(g)(1)(C), inserted "of Transportation" after "Secretary" in introductory provisions.
Subsec. (f)(1)(A)(i). Pub. L. 115–254, §372(e)(4), inserted "chapter 448," after "chapter 447 (except sections 44717 and 44719–44723),".
Subsec. (g). Pub. L. 115–254, §1991(g)(1)(D), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsec. (h)(2). Pub. L. 115–254, §1991(g)(1)(E), substituted "Administrator of the Transportation Security Administration with respect to
security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator
of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the
Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to
be carried out by the Under Secretary or the Administrator with respect to aviation safety duties and powers designated to be carried out by
the Administrator".
2016—Subsec. (d)(2). Pub. L. 114–190 inserted "section 46320," after "section 46319,".

2014—Subsec. (d)(2). Pub. L. 113–188 substituted "section 47107(k)" for "section 47107(l)".
2012—Subsec. (a)(1)(A). Pub. L. 112–95, §803(1), inserted "chapter 451," before "section 47107(b)".
Pub. L. 112–95, §415(b), inserted "chapter 423," after "chapter 421,".
Subsec. (a)(5)(A)(i). Pub. L. 112–95, §803(2)(B), inserted ", or chapter 451" after "44907–44909)".
Pub. L. 112–95, §803(2)(A), which directed the substitution of "chapter 449" for "or chapter 449", could not be executed because of the prior
amendment by Pub. L. 112–74, §564(a). See 2011 Amendment note below.
Subsec. (c)(1)(A). Pub. L. 112–95, §415(b), inserted "chapter 423," after "chapter 421,".
Subsec. (d)(2). Pub. L. 112–95, §803(3), substituted "44723), chapter 451," for "44723) or", "section 46302" for "46302", "section 46318,
section 46319, or section 47107(b)" for "46318, or 47107(b)" in first sentence , and "section 46302" for "46302", "or section 46303 of this title" for
"46303,", and "any of those provisions" for "such chapter 449" in second sentence.
Subsec. (f)(1)(A)(i). Pub. L. 112–95, §803(4), substituted "chapter 449" for "or chapter 449" and inserted ", or chapter 451" after "44909)".
2011—Subsec. (a)(5)(A)(i). Pub. L. 112–74 substituted "chapter 449" for "or chapter 449" and inserted ", or section 46314(a)" after "44909)".
2007—Subsec. (a)(4). Pub. L. 110–53 struck out "or another requirement under this title administered by the Under Secretary of
Transportation for Security" after "chapter 449".
Subsec. (a)(6). Pub. L. 110–161 added par. (6).
2004—Subsec. (d)(2). Pub. L. 108–458, §4027(a)(1)–(3), substituted "46302 (for a violation relating to section 46504)," for "46302, 46303,",

"The Secretary of Homeland Security may" for "The Under Secretary of Transportation for Security may", "44909), 46302 (except for a
violation relating to section 46504), 46303," for "44909)", and "The Secretary of Homeland Security or" for "The Under Secretary or".
Subsec. (d)(3). Pub. L. 108–458, §4027(a)(3), substituted "Secretary of Homeland Security or" for "Under Secretary or".
Subsec. (d)(4). Pub. L. 108–458, §4027(a)(3), substituted "Secretary of Homeland Security or" for "Under Secretary or" in introductory
provisions.
Subsec. (d)(4)(A). Pub. L. 108–458, §4027(a)(4), realigned margins.
2003—Subsec. (a)(1). Pub. L. 108–176, §503(a)(1), substituted "$25,000 (or $1,100 if the person is an individual or small business concern)"
for "$1,000" in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 108–176, §503(a)(2), (3), struck out "or" before "section 47107(b)" and substituted "section), or section 47133" for
"section)".
Subsec. (a)(2). Pub. L. 108–176, §503(a)(5), substituted "section 41719" for "section 41715" in two places.
Pub. L. 108–176, §503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: "A person operating an aircraft
for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a
civil penalty of not more than $10,000 for violating—
"(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 (except
sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or
"(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies."
Subsec. (a)(3). Pub. L. 108–176, §503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: "A civil penalty
of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to
"(A) the transportation of hazardous material;
"(B) the registration or recordation under chapter 441 of this title of an aircraft not used to provide air transportation;
"(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;
"(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or
"(E) a violation of section 41705, relating to discrimination against handicapped individuals."
Subsec. (a)(4). Pub. L. 108–176, §503(a)(6), substituted "paragraph (1)" for "paragraphs (1) and (2)".
Pub. L. 108–176, §503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2).
Subsec. (a)(5). Pub. L. 108–176, §503(a)(7), added par. (5). Former par. (5) redesignated (3).
Subsec. (a)(6). Pub. L. 108–176, §503(a)(4), struck out heading and text of par. (6). Text read as follows: "Notwithstanding paragraph (1), the
maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000."

Subsec. (a)(7). Pub. L. 108–176, §503(a)(4), struck out heading and text of par. (7). Text read as follows: "Notwithstanding paragraphs (1) and
(4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or
any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers,
shall be $2,500 for each violation."
Subsec. (a)(8). Pub. L. 108–176, §503(a)(4), redesignated par. (8) as (4).
Subsec. (d)(4)(A). Pub. L. 108–176, §503(b)(1), substituted "more than—" for "more than $50,000;" and added cls. (i) to (iii).
Subsec. (d)(8). Pub. L. 108–176, §503(b)(2), substituted "is—" for "is $50,000." and added subpars. (A) to (C).
Subsec. (i). Pub. L. 108–176, §503(c), added subsec. (i).
2002—Subsec. (a)(8). Pub. L. 107–296 added par. (8).
2001—Subsec. (d)(2). Pub. L. 107–71, §140(d)(1)(C), inserted "Under Secretary or" before "Administrator shall".
Pub. L. 107–71, §140(d)(1)(B), inserted after first sentence "The Under Secretary of Transportation for Security may impose a civil penalty for
a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation
prescribed or order issued under such chapter 449."
Pub. L. 107–71, §140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out ", chapter 449 (except sections 44902, 44903(d),
44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),", was executed by striking out ", chapter 449 (except sections 44902, 44903(d),
44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)," before "or section 46301(b)", to reflect the probable intent of Congress.
Subsec. (d)(3), (4). Pub. L. 107–71, §140(d)(2), substituted "Under Secretary or Administrator" for "Administrator".
Subsec. (d)(8). Pub. L. 107–71, §140(d)(3), substituted "Under Secretary, Administrator," for "Administrator".
Subsec. (h)(2). Pub. L. 107–71, §140(d)(4), inserted "the Under Secretary of Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or" after "(or".
2000—Subsec. (a)(1)(A). Pub. L. 106–181, §§519(c), 720(1), substituted "subchapter II or III of chapter 421" for "subchapter II of chapter 421"
and struck out "46302, 46303, or" before "47107(b) (including".
Subsec. (a)(3)(C). Pub. L. 106–181, §503(c), added subpar. (C).
Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§504(b), 707(b), added subpars. (D) and (E).
Subsec. (a)(6). Pub. L. 106–181, §222(b), inserted heading and realigned margins.
Subsec. (a)(7). Pub. L. 106–181, §222(a), added par. (7).
Subsec. (d)(2). Pub. L. 106–424 substituted "46301(b), 46302, 46303, 46318," for "46302, 46303,".
Subsec. (d)(7)(A). Pub. L. 106–181, §720(2), substituted "a penalty on a person" for "a penalty on an individual".
Subsec. (g). Pub. L. 106–181, §720(3), inserted "or the Administrator" after "Secretary".
1997—Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105–102 repealed Pub. L. 104–264, §§502(c), 1220(b). See 1996 Amendment notes
below.
1996—Subsec. (a)(1)(A). Pub. L. 104–287, §5(77)(A)(iii), (iv), inserted "or" after "46303," and struck out ", or 41715" after "under such
section)".
Pub. L. 104–287, §5(77)(A)(ii), substituted "section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except
sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section" for "or any of sections 44701(a) or (b), 44702–
44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,".
Pub. L. 104–287, §5(77)(A)(i), substituted "chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505,
and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714)," for "any of sections 41301–41306, 41308–
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,".
Pub. L. 104–264, §1220(b), which directed amendment of subpar. (A) by inserting "44718(d)," after "44716,", was repealed by Pub. L. 105–102.
Pub. L. 104–264, §502(c)(1), which directed amendment of subpar. (A) by inserting "44724," after "44718(d),", was repealed by Pub. L. 105–
102.
Subsec. (a)(2)(A). Pub. L. 104–287, §5(77)(B), substituted ", section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449
(except sections 44902, 44903(d), 44904, and 44907–44909)" for "or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c),
44905, 44906, 44912–44915, or 44932–44938".
Pub. L. 104–264, §502(c)(2), which directed amendment of subpar. (A) by inserting "44724," after "44716,", was repealed by Pub. L. 105–102.

Subsec. (a)(3). Pub. L. 104–287, §5(77)(C), realigned margins of subpars. (A) and (B).
Subsec. (a)(5). Pub. L. 104–264, §804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "In the case of a violation
of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000."
Subsec. (c)(1)(A). Pub. L. 104–287, §5(77)(D)(ii), (iii), struck out "or" before "subchapter II" and inserted ", or section 44909" before "of this
title".
Pub. L. 104–287, §5(77)(D)(i), substituted "chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505,
and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714)," for "any of sections 41301–41306, 41308–
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,".
Subsec. (d)(2). Pub. L. 104–287, §5(77)(E), substituted "section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723),
chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section" for "or any of
sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,".
Pub. L. 104–264, §1220(b), which directed amendment of par. (2) by inserting "44718(d)," after "44716,", was repealed by Pub. L. 105–102.
Pub. L. 104–264, §502(c)(1), which directed amendment of par. (2) by inserting "44724," after "44718(d),", was repealed by Pub. L. 105–102.
Subsec. (f)(1)(A)(i). Pub. L. 104–287, §5(77)(F), substituted "section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723),
or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)" for "or any of sections
44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938".
Pub. L. 104–264, §1220(b), which directed amendment of cl. (i) by inserting "44718(d)," after "44716,", was repealed by Pub. L. 105–102.
Pub. L. 104–264, §502(c)(1), which directed amendment of cl. (i) by inserting "44724," after "44718(d),", was repealed by Pub. L. 105–102.
1994—Subsec. (a)(1)(A). Pub. L. 103–429, §6(60)(A), substituted "any of sections 41301–41306" for "section 41301–41306" and "any of
sections 44701(a)" for "section 44701(a)".
Pub. L. 103–305, §207(c)(1), inserted ", or 41715" before "of this title".
Pub. L. 103–305, §112(c)(1)(A), substituted "46303, 47107(b) (including any assurance made under such section)" for "or 46303".
Subsec. (a)(2)(A). Pub. L. 103–429, §6(60)(B), substituted "any of sections 44701(a)" for "section 44701(a)".
Subsec. (a)(4). Pub. L. 103–305, §207(c)(2), inserted "(other than a violation of section 41715)" after "the violation" in two places.
Subsec. (a)(5). Pub. L. 103–305, §112(c)(1)(B), added par. (5).
Subsec. (a)(6). Pub. L. 103–305, §207(c)(3), added par. (6).
Subsec. (c)(1)(A). Pub. L. 103–429, §6(60)(C), substituted "any of sections 41301–41306" for "section 41301–41306".
Subsec. (d)(2). Pub. L. 103–429, §6(60)(B), substituted "any of sections 44701(a)" for "section 44701(a)".
Pub. L. 103–305, §112(c)(2), substituted "46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any
assurance made under section 47107(b))" for "or 46303".
Subsec. (d)(7)(D). Pub. L. 103–305, §112(c)(3), added subpar. (D).
Subsec. (f)(1)(A)(i). Pub. L. 103–429, §6(60)(B), substituted "any of sections 44701(a)" for "section 44701(a)".
Statutory Notes and Related Subsidiaries

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

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

Effective Date of 2000 Amendment

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

Effective Date of 1997 Amendment
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(4) is effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L.
105–102, set out as a note under section 106 of this title.

Effective Date of 1996 Amendments
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by section 502(c) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first
received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section
30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and
not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a
note under section 106 of this title.

Effective Date of 1994 Amendments
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Amendment by section 207(c) of Pub. L. 103–305 effective Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set out as an Effective Date
note under section 41719 of this title.

Savings Provision
Pub. L. 102–345, §2(c), Aug. 26, 1992, 106 Stat. 925, provided that: "Notwithstanding subsections (a) and (b) of this section, sections 901(a)(3)
and 905 of the Federal Aviation Act of 1958 [Pub. L. 85–726] as in effect on July 31, 1992, shall continue in effect on and after such date of
enactment with respect to violations of the Federal Aviation Act of 1958 occurring before such date of enactment."

Laser Pointer Incidents
Pub. L. 114–190, title II, §2104, July 15, 2016, 130 Stat. 620, provided that:
"(a) In General.—Beginning 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation

Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates 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] regarding—
"(1) the number of incidents involving the beam from a laser pointer (as defined in section 39A of title 18, United States Code) being aimed
at, or in the flight path of, an aircraft in the airspace jurisdiction of the United States;
"(2) the number of civil or criminal enforcement actions taken by the Federal Aviation Administration, the Department of Transportation,
or another Federal agency with regard to the incidents described in paragraph (1), including the amount of the civil or criminal penalties
imposed on violators;
"(3) the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal enforcement action; and
"(4) any actions the Department of Transportation or another Federal agency has taken on its own, or in conjunction with other Federal
agencies or local law enforcement agencies, to deter the type of activity described in paragraph (1).
"(b) Civil Penalties.—The Administrator shall revise the maximum civil penalty that may be imposed on an individual who aims the beam of
a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft, to be $25,000."
1 So in original. Words following initial word in par. heading probably should not be capitalized.

§46302. False information
(a) Civil Penalty.—A person that, knowing the information to be false, gives, or causes to be given, under circumstances in which the information reasonably
may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506
of this title, is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.
(b) Compromise and Setoff.—(1) The Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation, may
compromise the amount of a civil penalty imposed under subsection (a) of this section.
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the
penalty.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 108–458, title IV, §4027(b), Dec. 17, 2004, 118 Stat. 3727.)
Historical and Revision Notes
Revised
Section
46302(a)

Source (U.S. Code)
49 App.:1471(c).

46302(b)

49 App.:1471(a)(2) (related to
1471(c)).

49 App.:1551(b)(1)(E).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§901(c); added Oct. 12, 1984, Pub. L. 98–
473, §2014(a)(1), 98 Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726, §901(a)(2)
(related to §901(c)), 72 Stat. 784; July 10,
1962, Pub. L. 87–528, §12, 76 Stat. 150;
restated Oct. 24, 1978, Pub. L. 95–504,
§35(b), 92 Stat. 1740; Oct. 12, 1984, Pub.
L. 98–473, §2014(b), 98 Stat. 2189.
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.

In subsection (a), the words "gives, or causes to be given" are substituted for "imparts or conveys or causes to be imparted or conveyed" to
eliminate unnecessary words. The words "attempt or", "a crime", and "which shall be recoverable in a civil action brought in the name of the
United States" are omitted as surplus.
In subsection (b)(1), the words "imposed under" are substituted for "provided for in" for consistency.
In subsection (b)(2), the words "imposed or compromised" are substituted for "The amount of such penalty when finally determined or fixed
by order of the Board, or the amount agreed upon in compromise" to eliminate unnecessary words.
Editorial Notes

Amendments
2004—Subsec. (b)(1). Pub. L. 108–458 substituted "Secretary of Homeland Security and, for a violation relating to section 46504, the
Secretary of Transportation," for "Secretary of Transportation".

§46303. Carrying a weapon
(a) Civil Penalty.—An individual who, when on, or attempting to board, an aircraft in, or intended for operation in, air transportation or intrastate air
transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in

flight is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.
(b) Compromise and Setoff.—(1) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under subsection (a) of this
section.
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the
penalty.
(c) Nonapplication.—This section does not apply to—
(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official
capacity; or
(2) another individual the Administrator of the Federal Aviation Administration or the Secretary of Homeland Security by regulation authorizes to carry arms
in an official capacity.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 107–71, title I, §140(d)(5), Nov. 19, 2001, 115 Stat. 642; Pub. L. 108–458, title IV, §4027(c), Dec.
17, 2004, 118 Stat. 3727.)
Historical and Revision Notes
Revised
Section
46303(a)

Source (U.S. Code)
49 App.:1471(d) (words after 3d
comma).

46303(b)

49 App.:1471(a)(2) (related to
1471(d)).

49 App.:1551(b)(1)(E).

46303(c)

49 App.:1471(d) (words before 3d
comma).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§901(d); added Oct. 12, 1984, Pub. L. 98–
473, §2014(a)(1), 98 Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726, §901(a)(2)
(related to §901(d)), 72 Stat. 784; July 10,
1962, Pub. L. 87–528, §12, 76 Stat. 150;
restated Oct. 24, 1978, Pub. L. 95–504,
§35(b), 92 Stat. 1740; Oct. 12, 1984, Pub.
L. 98–473, §2014(b), 98 Stat. 2189.
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.

In subsection (a), the words "deadly or" and "which shall be recoverable in a civil action brought in the name of the United States" are
omitted as surplus.
In subsection (b)(1), the words "imposed under" are substituted for "provided for in" for consistency.
In subsection (b)(2), the words "imposed or compromised" are substituted for "The amount of such penalty when finally determined or fixed
by order of the Board, or the amount agreed upon in compromise" to eliminate unnecessary words.
In subsection (c)(1), the words "State or political subdivision of a State" are substituted for "municipal or State government" for consistency
in the revised title and with other titles of the United States Code. The words "or required" are omitted as surplus.
Editorial Notes

Amendments
2004—Subsec. (b)(1). Pub. L. 108–458, §4027(c)(1), substituted "Secretary of Homeland Security" for "Secretary of Transportation".
Subsec. (c)(2). Pub. L. 108–458, §4027(c)(2), substituted "Secretary of Homeland Security" for "Under Secretary of Transportation for

Security".
2001—Subsec. (c)(2). Pub. L. 107–71 inserted "or the Under Secretary of Transportation for Security" after "Federal Aviation Administration".

§46304. Liens on aircraft
(a) Aircraft Subject to Liens.—When an aircraft is involved in a violation referred to in section 46301(a)(1)(A)–(C) of this title and the violation is by the
owner of, or individual commanding, the aircraft, the aircraft is subject to a lien for the civil penalty.
(b) Seizure.—An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person authorized to take custody of it
under regulations of the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers
designated to be carried out by the Administrator of the Federal Aviation Administration). A report on the seizure shall be submitted to the Attorney General. The
Attorney General promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought.
(c) Release.—An aircraft seized under subsection (b) of this section shall be released from custody when—
(1) the civil penalty is paid;
(2) a compromise amount agreed on is paid;
(3) the aircraft is seized under a civil action in rem to enforce the lien;
(4) the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or
(5) a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited
with the Secretary or Administrator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 108–176, title V, §503(d)(2), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 115–254, div. K, title I,
§1991(g)(2), Oct. 5, 2018, 132 Stat. 3644.)
Historical and Revision Notes
Revised
Section
46304(a)

49 App.:1471(b).

46304(b)

49 App.:1473(b)(2).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46304(c)

49 App.:1473(b)(3).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §§901(b),
903(b)(2), (3), 72 Stat. 784, 786.
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.
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.

In this section, the word "civil" is added before "penalty" for consistency in the revised title and with other titles of the United States Code.
In subsections (b) and (c), the word "Administrator" in section 902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72
Stat. 786) is retained on authority of 49:106(g). The words "Attorney General" are substituted for "United States attorney for the judicial district
in which the seizure is made" and "United States attorney" because of 28:503 and 509.
In subsection (b), the words "report on the seizure" are substituted for "report of the cause" for clarity. The words "bring a civil action in rem"
are substituted for "institute proceedings" for clarity and consistency in the revised title and with other titles of the Code and the Federal Rules
of Civil Procedure (28 App. U.S.C.). The words "that the action will not be brought" are substituted for "of his failure to so act" for clarity.
In subsection (c)(3), the words "under a civil action in rem" are substituted for "in pursuance of process of any court in proceedings in rem"
to eliminate unnecessary words and for consistency.
Editorial Notes

Amendments
2018—Subsec. (b). Pub. L. 115–254 substituted "or the Administrator of the Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "or the Administrator of the
Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator".
2003—Subsec. (a). Pub. L. 108–176 struck out ", (2), or (3)" after "section 46301(a)(1)(A)–(C)".
Statutory Notes and Related Subsidiaries

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

§46305. Actions to recover civil penalties
A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem against an aircraft
subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil
action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty
imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20.
Issues of fact tried by a jury may be reexamined only under common law rules.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235.)
Historical and Revision Notes
Revised
Section
46305

49 App.:1473(b)(1).

49 App.:1473(b)(4).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §903(b)(1),
72 Stat. 786; Oct. 24, 1978, Pub. L. 95–
504, §36, 92 Stat. 1741.
Aug. 23, 1958, Pub. L. 85–726, §903(b)(4),
72 Stat. 787.
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.

The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131. The words "imposed or assessed" are omitted as surplus. The words
"bringing a civil action" are substituted for "proceedings in personam", the words "civil action in rem" are substituted for "proceedings in rem",
and the words "civil action" are substituted for "civil suits", for consistency in the revised title and with other titles of the United States Code and
the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "regardless of the place an aircraft in a civil action in rem is seized" are
substituted for 49 App.:1473(b)(1) (last sentence) to eliminate unnecessary words. The word "civil" is added after "involving a" for clarity. The
words "(except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board)" are
substituted for "other than those assessed by the Board" because the Civil Aeronautics Board went out of existence and its duties and powers
were transferred to the Secretary of Transportation.

§46306. Registration violations involving aircraft not providing air transportation
(a) Application.—This section applies only to aircraft not used to provide air transportation.
(b) General Criminal Penalty.—Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3
years, or both, if the person—
(1) knowingly and willfully forges or alters a certificate authorized to be issued under this part;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the
aircraft;
(4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or
fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry;
(5) owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another
person to operate the aircraft when—
(A) the aircraft is not registered under section 44103 of this title or the certificate of registration is suspended or revoked; or
(B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without
registration for a period of time after transfer of ownership;
(6) knowingly and willfully operates or attempts to operate an aircraft eligible for registration under section 44102 of this title knowing that—
(A) the aircraft is not registered under section 44103 of this title;
(B) the certificate of registration is suspended or revoked; or
(C) the person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;
(7) knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman's certificate authorizing the individual to serve in that
capacity;
(8) knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman's certificate authorizing the
individual to serve in that capacity; or
(9) operates an aircraft with a fuel tank or fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not
comply with regulations and requirements of the Administrator of the Federal Aviation Administration.
(c) Controlled Substance Criminal Penalty.—(1) In this subsection, "controlled substance" has the same meaning given that term in section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(2) A person violating subsection (b) of this section shall be fined under title 18, imprisoned for not more than 5 years, or both, if the violation is related to
transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment of more than one year under a law of the United States or a State; or
(B) that is provided is related to an act punishable by death or imprisonment for more than one year under a law of the United States or a State related to a
controlled substance (except a law related to simple possession of a controlled substance).
(3) A term of imprisonment imposed under paragraph (2) of this subsection shall be served in addition to, and not concurrently with, any other term of
imprisonment imposed on the individual.
(d) Seizure and Forfeiture.—(1) The Administrator of Drug Enforcement or the Commissioner of U.S. Customs and Border Protection may seize and forfeit
under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a
person is charged with the violation.
(2) An aircraft's use is presumed to have been related to a violation of, or to aid or facilitate a violation of—
(A) subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered;
(B) subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration;
(C) subsection (b)(4) of this section if—
(i) the aircraft is registered to a false or fictitious person; or

(ii) the application form used to obtain the aircraft certificate of registration contains a material false statement;
(D) subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or
(E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered—
(i) in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or
(ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft.
(3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to a memorandum of
understanding to establish procedures to carry out this subsection.
(e) Relationship to State Laws.—This part does not prevent a State from establishing a criminal penalty, including providing for forfeiture and seizure of
aircraft, for a person that—
(1) knowingly and willfully forges or alters an aircraft certificate of registration;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the
aircraft; or
(4) obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration by—
(A) knowingly and willfully falsifying or concealing a material fact;
(B) making a false, fictitious, or fraudulent statement; or
(C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 104–287, §5(78), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24,
2016, 130 Stat. 210.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
46306(a)
46306(b)

46306(c)(1)
46306(c)(2)
46306(c)(3)
46306(d)
46306(e)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1303 (note).

Nov. 18, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.
49 App.:1472(b)(1), (2) (1st sentence Aug. 23, 1958, Pub. L. 85–726, §902(b)(1)–
cl. (A)).
(4), 72 Stat. 784; Oct. 19, 1984, Pub. L.
98–499, §6, 98 Stat. 2316; restated Nov.
18, 1988, Pub. L. 100–690, §7209(a), 102
Stat. 4429.
49 App.:1472(b)(4).
49 App.:1472(b)(2) (1st sentence cl.
(B)).
49 App.:1472(b)(2) (last sentence).
49 App.:1472(b)(3).
49 App.:1472(b)(5).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(b)(5); added Oct. 27, 1986, Pub. L.
99–570, §3401(a)(1), 100 Stat. 3207–99;
Nov. 18, 1988, Pub. L. 100–690, §7209(a),
(b)(1), 102 Stat. 4429, 4432.

In subsections (b)(9), (d), and (e), the word "Administrator" in section 902(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat.

784) is retained on authority of 49:106(g).

In subsection (b), before clause (1), the words "Except as provided by subsection (c) of this section" are added for clarity. The words "It shall
be unlawful for any person" and "upon conviction" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not
more than $15,000" for consistency with title 18. In clause (1), the words "counterfeit" and "falsely make" are omitted as surplus. In clause (4),
the words "covering up", "representation", and "writing" are omitted as surplus. In clause (7), the word "valid" is omitted as surplus.
In subsection (c)(2), before clause (A), the words "fined under title 18" are substituted for "a fine of not more than $25,000" for consistency
with title 18.
In subsection (d)(1) and (3), the words "Administrator of Drug Enforcement" are substituted for "Drug Enforcement Administration of the
Department of Justice" and "Drug Enforcement Administration" because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973,
87 Stat. 1092). The words "Commissioner of Customs" and "Commissioner" are substituted for "United States Customs Service" because of
19:2071.
In subsection (d)(2)(A), the words "aircraft certificate of registration" are substituted for "registration" for consistency in this section. The
words "counterfeited" and "falsely made" are omitted as surplus.
In subsections (d)(2)(C)(ii) and (e), the words "aircraft certificate of registration" are substituted for "aircraft registration certificate" for
consistency with 49 App.:1401, restated in chapter 441 of the revised title.
In subsection (e), before clause (1), the words "this subsection or in any other provision of" are omitted as surplus. In clause (1), the words
"counterfeits" and "falsely makes" are omitted as surplus. In clause (4)(A), the words "covering up" are omitted as surplus. In clause (4)(B), the
words "or representation" are omitted as surplus. In clause (4)(C), the words "writing or" are omitted as surplus.
Pub. L. 104–287

This makes a clarifying amendment to 49:46306(c)(2)(B).
Editorial Notes

Amendments
1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted "that is" before "provided".
Statutory Notes and Related Subsidiaries

Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (d)(1) on authority of section
802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including
functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the
Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally
by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

§46307. Violation of national defense airspace
A person that knowingly or willfully violates section 40103(b)(3) of this title or a regulation prescribed or order issued under section 40103(b)(3) shall be fined
under title 18, imprisoned for not more than one year, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1237.)
Historical and Revision Notes
Revised
Section
46307

Source (U.S. Code)
49 App.:1523.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1203, 72
Stat. 800.

The words "In addition to the penalties otherwise provided for by this chapter" are omitted as surplus. The word "prescribed" is added for
consistency in the revised title. The words "fined under title 18" are substituted for "a fine of not exceeding $10,000", and the words "shall be
deemed guilty of a misdemeanor" are omitted, for consistency with title 18. The words "and upon conviction thereof" and "such fine and
imprisonment" are omitted as surplus.

§46308. Interference with air navigation
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—
(1) with intent to interfere with air navigation in the United States, exhibits in the United States a light or signal at a place or in a way likely to be mistaken for
a true light or signal established under this part or for a true light or signal used at an air navigation facility;
(2) after a warning from the Administrator of the Federal Aviation Administration, continues to maintain a misleading light or signal; or
(3) knowingly interferes with the operation of a true light or signal.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.)
Historical and Revision Notes
Revised
Section
46308

49 App.:1472(c).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(c), 72
Stat. 784.
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.

In this section, before clause (1), the words "fined under title 18" are substituted for "a fine of not exceeding $5,000" for consistency with title
18. The words "such fine and imprisonment" are omitted as surplus. In clause (1), the words "used at" are substituted for "in connection with"
for clarity. The words "airport or other" are omitted as being included in the definition of "air navigation facility" in section 40102(a) of the
revised title. In clause (2), the word "due" is omitted as surplus. The word "Administrator" in section 902(c) of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). In clause (3), the words "removes, extinguishes, or" are omitted as
surplus.

§46309. Concession and price violations

(a) Criminal Penalty for Offering, Granting, Giving, or Helping To Obtain Concessions and Lower Prices.—An air carrier, foreign air carrier, ticket
agent, or officer, agent, or employee of an air carrier, foreign air carrier, or ticket agent shall be fined under title 18 if the air carrier, foreign air carrier, ticket agent,
officer, agent, or employee—
(1) knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in violation of this part; or
(2) by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price
lawfully in effect.
(b) Criminal Penalty for Receiving Rebates, Privileges, and Facilities.—A person shall be fined under title 18 if the person by any means—
(1) knowingly and willfully solicits, accepts, or receives a rebate of a part of a price lawfully in effect for the foreign air transportation of property, or a service
related to the foreign air transportation; or
(2) knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be specified in a currently
effective tariff applicable to the foreign air transportation of property.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.)
Historical and Revision Notes
Revised
Section
46309(a)

49 App.:1472(d)(1).

46309(b)

49 App.:1472(d)(2).

49 App.:1551(b)(1)(E).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(d)(1),
72 Stat. 785; Jan. 3, 1975, Pub L. 93–623,
§8(b), 88 Stat. 2105.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(d)(2); added Jan. 3, 1975, Pub. L.
93–623, §8(b), 88 Stat. 2106.
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.

In this section, the words "fined under title 18" are substituted for "a fine of not less than $100 and not more than $5,000" and "fined not less
than $100, nor more than $5,000" for consistency with title 18. The words "for each offense" are omitted as surplus. The words "fares, or
charges" are omitted as surplus because of the definition of "rate" in section 40102(a) of the revised title.
In subsection (a), before clause (1), the word "representative" is omitted as surplus. The words "shall be deemed guilty of a misdemeanor"
are omitted as superseded by 18:3559. The words "and, upon conviction thereof" are omitted as surplus. In clause (2), the words "device or"
and "suffer or" are omitted as surplus.
In subsection (b), before clause (1), the words "by any means" are substituted for "in any manner or by any device" for consistency in this
section and to eliminate unnecessary words. In clauses (1) and (2), the word "foreign" is added for clarity because only foreign air
transportation has regulated prices. In clause (1), the word "rebate" is substituted for "refund or remittance" for consistency in this section. In
clause (2), the word "favor" is omitted as being included in "privilege".

§46310. Reporting and recordkeeping violations
(a) General Criminal Penalty.—An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18 for intentionally—
(1) failing to make a report or keep a record under this part;
(2) falsifying, mutilating, or altering a report or record under this part; or
(3) filing a false report or record under this part.

(b) Safety Regulation Criminal Penalty.—An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18, imprisoned for not
more than 5 years, or both, for intentionally falsifying or concealing a material fact, or inducing reliance on a false statement of material fact, in a report or record
under section 44701(a) or (b) or any of sections 44702–44716 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
46310

Source (U.S. Code)
49 App.:1472(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(e), 72
Stat. 785; restated Sept. 30, 1987, Pub. L.
100–121, 101 Stat. 792.

In this section, the word "representative" is omitted as surplus. The words "account" and "memorandum" are omitted as being included in
"record".
In subsection (a), before clause (1), the words "fined under title 18" are substituted for "fined not more than $5,000 in the case of an
individual and not more than $10,000 in the case of a person other than an individual" for consistency in this section and with title 18.
In subsection (b), the words "or representation" are omitted a surplus.
Pub. L. 103–429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
Editorial Notes

Amendments
1994—Subsec. (b). Pub. L. 103–429 inserted "any of sections" before "44702–44716".
Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§46311. Unlawful disclosure of information
(a) Criminal Penalty.—The Secretary of Transportation, the Administrator of the Transportation Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the Transportation Security Administration, or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration, or an
officer or employee of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall be
fined under title 18, imprisoned for not more than 2 years, or both, if the Secretary, Administrator of the Transportation Security Administration, Administrator of
the Federal Aviation Administration, officer, or employee knowingly and willfully discloses information that—
(1) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee
acquires when inspecting the records of an air carrier; or
(2) is withheld from public disclosure under section 40115 of this title.

(b) Nonapplication.—Subsection (a) of this section does not apply if—
(1) the officer or employee is directed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration to disclose information that the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation
Administration had ordered withheld; or
(2) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee is
directed by a court of competent jurisdiction to disclose the information.
(c) Withholding Information From Congress.—This section does not authorize the Secretary, Administrator of the Transportation Security Administration,
or Administrator of the Federal Aviation Administration to withhold information from a committee of Congress authorized to have the information.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(6), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)
(3), Oct. 5, 2018, 132 Stat. 3644.)
Historical and Revision Notes
Revised
Section
46311(a), (b)

Source (U.S. Code)

49 App.:1472(f) (words before
proviso).
49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

46311(c)

49 App.:1472(f) (proviso).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(f), 72
Stat. 785.
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.
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.

In this section, the word "Administrator" in section 902(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on
authority of 49:106(g).
In subsection (a), before clause (1), the words "fined under title 18" are substituted for "a fine of not more than $5,000" for consistency with
title 18. The words "upon conviction thereof be subject for each offense" are omitted as surplus. The words "any fact or" are omitted as being
included in "information". In clause (1), the words "the Secretary, Administrator, officer, or employee acquires" are substituted for "may come to
his knowledge" for clarity and consistency.
In subsection (b)(2), the words "or a judge thereof" are omitted as surplus.
In subsection (c), the word "duly" is omitted as surplus.
Editorial Notes

Amendments
2018—Pub. L. 115–254, §1991(g)(3)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary"
wherever appearing.
Subsec. (a). Pub. L. 115–254, §1991(g)(3)(A)(i), in introductory provisions, substituted "Administrator of the Transportation Security
Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security
Administration, or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the Under Secretary, the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be carried out by the Administrator", "Administrator of the Federal Aviation
Administration shall" for "Administrator shall", and "Administrator of the Federal Aviation Administration," for "Administrator,".
Subsec. (a)(1). Pub. L. 115–254, §1991(g)(3)(A)(ii), substituted "Administrator of the Federal Aviation Administration" for "Administrator".
Subsecs. (b), (c). Pub. L. 115–254, §1991(g)(3)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator"
wherever appearing.
2001—Subsec. (a). Pub. L. 107–71, §140(d)(6), in introductory provisions, inserted "the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried out by the Under Secretary," after "Transportation," and "Under Secretary," after
"Secretary," and substituted ", Under Secretary, or Administrator" for "or Administrator".
Subsec. (a)(1). Pub. L. 107–71, §140(d)(6)(B) inserted "Under Secretary," after "Secretary,".
Subsec. (b)(1). Pub. L. 107–71, §140(d)(6)(C), substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.
Subsec. (b)(2). Pub. L. 107–71, §140(d)(6)(B) inserted "Under Secretary," after "Secretary,".
Subsec. (c). Pub. L. 107–71, §140(d)(6)(C), substituted ", Under Secretary, or Administrator" for "or Administrator".

§46312. Transporting hazardous material
(a) In General.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, in violation of a regulation or requirement
related to the transportation of hazardous material prescribed by the Secretary of Transportation under this part or chapter 51—
(1) willfully delivers, or causes to be delivered, property containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in
air commerce; or
(2) recklessly causes the transportation in air commerce of the property.
(b) Knowledge of Regulations.—For purposes of subsection (a), knowledge by the person of the existence of a regulation or requirement related to the
transportation of hazardous material prescribed by the Secretary under this part or chapter 51 is not an element of an offense under this section but shall be
considered in mitigation of the penalty.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 106–181, title V, §507, Apr. 5, 2000, 114 Stat. 140; Pub. L. 109–59, title VII, §7128(a), Aug. 10,
2005, 119 Stat. 1909.)
Historical and Revision Notes
Revised
Section
46312

Source (U.S. Code)
49 App.:1472(h)(2).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(h)(2),
72 Stat. 785; restated Jan. 3, 1975, Pub. L.
93–633, §113(c), 88 Stat. 2162.

In this section, before clause (1), the words "is guilty of an offense", "Upon conviction", and "for each offense" are omitted as surplus. The
words "fined under title 18" are substituted for "a fine of not more than $25,000" for consistency with title 18. The word "prescribed" is
substituted for "issued" for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "shipment,
baggage, or other" are omitted as surplus.
Editorial Notes

Amendments
2005—Subsec. (a). Pub. L. 109–59, §7128(a)(1), substituted "this part or chapter 51—" for "this part—" in introductory provisions.
Subsec. (b). Pub. L. 109–59, §7128(a)(2), inserted "or chapter 51" after "under this part".

2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a
note under section 106 of this title.

§46313. Refusing to appear or produce records
A person not obeying a subpoena or requirement of the Secretary of Transportation (or the Administrator of the Transportation Security Administration with
respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the
Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation
Administration) to appear and testify or produce records shall be fined under title 18, imprisoned for not more than one year, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)
(4), Oct. 5, 2018, 132 Stat. 3644.)
Historical and Revision Notes
Revised
Section
46313

49 App.:1472(g).

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(g), 72
Stat. 785.
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.
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.

The word "Administrator" in section 902(g) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of
49:106(g). The words "not obeying" are substituted for "who shall neglect or refuse . . . or to answer any lawful inquiry . . . in obedience to" to
eliminate surplus words. The word "lawful" is omitted as surplus. The word "appear" is substituted for "attend" for clarity. The word "records" is
substituted for "books, papers, or documents" for consistency in the revised title and with other titles of the United States Code. The words "if
in his power to do so" are omitted as surplus. The words "shall be guilty of a misdemeanor" are omitted for consistency with title 18. The words
"and, upon conviction thereof" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not less than $100 nor
more than $5,000" for consistency with title 18.
Editorial Notes

Amendments
2018—Pub. L. 115–254 substituted "subpoena" for "subpena" and "Administrator of the Transportation Security Administration with respect to
security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator
of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the
Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to

be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator".
2001—Pub. L. 107–71 inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to
be carried out by the Under Secretary or" after "(or".

§46314. Entering aircraft or airport area in violation of security requirements
(a) Prohibition.—A person may not knowingly and willfully enter, in violation of security requirements prescribed under section 44901, 44903(b) or (c), or
44906 of this title, an aircraft or an airport area that serves an air carrier or foreign air carrier.
(b) Criminal Penalty.—(1) A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than one year, or both.
(2) A person violating subsection (a) of this section with intent to evade security procedures or restrictions or with intent to commit, in the aircraft or airport
area, a felony under a law of the United States or a State shall be fined under title 18, imprisoned for not more than 10 years, or both.
(c) Notice of Penalties.—
(1) In general.—Each operator of an airport in the United States that is required to establish an air transportation security program pursuant to section
44903(c) shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed
under section 46301(a)(5)(A)(i) and subsection (b) of this section are displayed near all screening locations, all locations where passengers exit the sterile
area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate.
(2) Effect of signs on penalties.—An individual shall be subject to a penalty imposed under section 46301(a)(5)(A)(i) or subsection (b) of this section
without regard to whether signs are displayed at an airport as required by paragraph (1).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 112–74, div. D, title V, §564(b), (c), Dec. 23, 2011, 125 Stat. 981.)
Historical and Revision Notes
Revised
Section
46314

Source (U.S. Code)
49 App.:1472(r).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(r); added Dec. 30, 1987, Pub. L.
100–223, §204(f)(2), 101 Stat. 1520.

In subsection (b), the words "fined under title 18" are substituted for "a fine not to exceed $1,000" and "a fine not to exceed $10,000" for
consistency with title 18.
In subsection (b)(1), the words "Upon conviction" are omitted as surplus.
In subsection (b)(2), the words "airport area" are substituted for "secured area" for consistency in this section.
Editorial Notes

Amendments
2011—Subsec. (b)(2). Pub. L. 112–74, §564(b), inserted "with intent to evade security procedures or restrictions or" after "of this section".
Subsec. (c). Pub. L. 112–74, §564(c), added subsec. (c).

§46315. Lighting violations involving transporting controlled substances by aircraft not providing air
transportation
(a) Application.—This section applies only to aircraft not used to provide air transportation.
(b) Criminal Penalty.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if—

(1) the person knowingly and willfully operates an aircraft in violation of a regulation or requirement of the Administrator of the Federal Aviation
Administration related to the display of navigation or anticollision lights;
(2) the person is knowingly transporting a controlled substance by aircraft or aiding or facilitating a controlled substance offense; and
(3) the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment for more than one year under a law of the United States or a State; or
(B) is provided in connection with an act punishable by death or imprisonment for more than one year under a law of the United States or a State related
to a controlled substance (except a law related to simple possession of a controlled substance).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240.)
Historical and Revision Notes
Revised
Section
46315(a)

49 App.:1303 (note).

46315(b)

49 App.:1472(q).

Source (U.S. Code)

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690, §7214, 102
Stat. 4434.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(q); added Oct. 19, 1984, Pub. L. 98–
499, §5(a), 98 Stat. 2315; restated Oct. 27,
1986, Pub. L. 99–570, §3401(b)(1), 100
Stat. 3207–100; Nov. 18, 1988, Pub. L.
100–690, §7209(c)(1), (2)(A), 102 Stat.
4432.

In subsection (b), before clause (1), the words "fined under title 18" are substituted for "a fine not exceeding $25,000" for consistency with
title 18. In clause (2), the word "knowingly" is substituted for "and with knowledge of such act" to eliminate unnecessary words.

§46316. General criminal penalty when specific penalty not provided
(a) Criminal Penalty.—Except as provided by subsection (b) of this section, when another criminal penalty is not provided under this chapter, a person that
knowingly and willfully violates this part, a regulation prescribed or order issued by the Secretary of Transportation (or the Administrator of the Transportation
Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration
or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of
the Federal Aviation Administration) under this part, or any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title shall be fined
under title 18. A separate violation occurs for each day the violation continues.
(b) Nonapplication.—Subsection (a) of this section does not apply to chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441
(except section 44109), chapter 445, chapter 447 (except section 44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of
this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240; Pub. L. 104–287, §5(79), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(d)(1)(D), Nov. 20, 1997, 111
Stat. 2215; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)(5), Oct. 5, 2018, 132 Stat. 3645.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
46316

Source (U.S. Code)
49 App.:1472(a).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §902(a), 72
Stat. 784; restated July 10, 1962, Pub. L.
87–528, §13, 76 Stat. 150.

49 App.:1551(b)(1)(E).

49 App.:1655(c)(1).

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.
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.

In subsection (a), the word "prescribed" is added for consistency in the revised title. The words "condition, or limitation of" are omitted as
surplus. The word "Administrator" in section 902(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority
of 49:106(g). The words "or in section 1474 of this Appendix" are omitted as surplus because 49 App.:1474 is not included in the revised title.
The words "shall be deemed guilty of a misdemeanor" are omitted for consistency with title 18. The words "and upon conviction thereof" are
omitted as surplus. The words "shall be fined under title 18" are substituted for "shall be subject for the first offense to a fine of not more than
$500, and for any subsequent offense to a fine of not more than $2,000" for consistency with title 18.
In subsection (b), reference to 49 App.:ch. 20, subch. VII is omitted as unnecessary because subchapter VII is not restated in this part.
Pub. L. 104–287

This amends 49:46316(b) to make it easier to include future sections in the cross-reference by restating it in terms of chapters.
Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration with respect to security duties
and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal
Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried
out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers
designated to be carried out by the Administrator".
2001—Subsec. (a). Pub. L. 107–71 inserted "the Under Secretary of Transportation for Security with respect to security duties and powers
designated to be carried out by the Under Secretary or" after "(or".
1997—Subsec. (b). Pub. L. 105–102 amended directory language of Pub. L. 104–287. See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–287, as amended by Pub. L. 105–102, substituted "chapter 447 (except section 44718(a)), and chapter 449
(except sections 44902, 44903(d), 44904, and 44907–44909)" for "and sections 44701(a) and (b), 44702–44716, 44901, 44903(b) and (c),
44905, 44906, 44912–44915, and 44932–44938".
Statutory Notes and Related Subsidiaries

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

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Transfer of Functions

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

§46317. Criminal penalty for pilots operating in air transportation without an airman's certificate
(a) General Criminal Penalty.—An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual—
(1) knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman's certificate
authorizing the individual to serve in that capacity; or
(2) knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not
have an airman's certificate authorizing the individual to serve in that capacity.
(b) Controlled Substance Criminal Penalty.—
(1) Controlled substances defined.—In this subsection, the term "controlled substance" has the meaning given that term in section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(2) Criminal penalty.—An individual violating subsection (a) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the violation is
related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and that transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment of more than 1 year under a Federal or State law; or
(B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law related to a controlled substance (except a
law related to simple possession (as that term is used in section 46306(c)) of a controlled substance).
(3) Terms of imprisonment.—A term of imprisonment imposed under paragraph (2) shall be served in addition to, and not concurrently with, any other
term of imprisonment imposed on the individual subject to the imprisonment.
(Added Pub. L. 106–181, title V, §509(a), Apr. 5, 2000, 114 Stat. 141.)
Statutory Notes and Related Subsidiaries

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

§46318. Interference with cabin or flight crew
(a) General Rule.—An individual who physically or sexually assaults or threatens to physically or sexually assault a member of the flight crew or cabin crew
of a civil aircraft or any other individual on the aircraft, or takes any action that poses an imminent threat to the safety of the aircraft or other individuals on the
aircraft is liable to the United States Government for a civil penalty of not more than $35,000.
(b) Compromise and Setoff.—
(1) Compromise.—The Secretary may compromise the amount of a civil penalty imposed under this section.
(2) Setoff.—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts the
Government owes the person liable for the penalty.
(Added Pub. L. 106–181, title V, §511(a), Apr. 5, 2000, 114 Stat. 142; amended Pub. L. 115–254, div. B, title III, §339(a), Oct. 5, 2018, 132 Stat. 3282.)

Editorial Notes

Amendments
2018—Subsec. (a). Pub. L. 115–254 inserted "or sexually" after "physically" in two places and substituted "$35,000" for "$25,000".
Statutory Notes and Related Subsidiaries

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

§46319. Permanent closure of an airport without providing sufficient notice
(a) Prohibition.—A public agency (as defined in section 47102) may not permanently close an airport listed in the national plan of integrated airport systems
under section 47103 without providing written notice to the Administrator of the Federal Aviation Administration at least 30 days before the date of the closure.
(b) Publication of Notice.—The Administrator shall publish each notice received under subsection (a) in the Federal Register.
(c) Civil Penalty.—A public agency violating subsection (a) shall be liable for a civil penalty of $10,000 for each day that the airport remains closed without
having given the notice required by this section.
(Added Pub. L. 108–176, title I, §185(a), Dec. 12, 2003, 117 Stat. 2517.)
Statutory Notes and Related Subsidiaries

Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–

176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§46320. Interference with wildfire suppression, law enforcement, or emergency response effort by operation of
unmanned aircraft
(a) In General.—Except as provided in subsection (b), an individual who operates an unmanned aircraft and in so doing knowingly or recklessly interferes
with a wildfire suppression, law enforcement, or emergency response effort is liable to the United States Government for a civil penalty of not more than $20,000.
(b) Exceptions.—This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a
State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or
agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
(c) Compromise and Setoff.—
(1) Compromise.—The United States Government may compromise the amount of a civil penalty imposed under this section.
(2) Setoff.—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from the amounts the
Government owes the person liable for the penalty.
(d) Definitions.—In this section, the following definitions apply:
(1) Wildfire.—The term "wildfire" has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
(2) Wildfire suppression.—The term "wildfire suppression" means an effort to contain, extinguish, or suppress a wildfire.
(Added Pub. L. 114–190, title II, §2205(a), July 15, 2016, 130 Stat. 630.)

Sec.

46501.
46502.
46503.
46504.
46505.
46506.
46507.

CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

Definitions.
Aircraft piracy.
Interference with security screening personnel.
Interference with flight crew members and attendants.
Carrying a weapon or explosive on an aircraft.
Application of certain criminal laws to acts on aircraft.
False information and threats.

Editorial Notes

Amendments
2018—Pub. L. 115–254, div. B, title V, §539(m), div. K, title I, §1991(h)(2), Oct. 5, 2018, 132 Stat. 3371, 3645, made identical amendments,

striking out item 46503 "Repealed".
2001—Pub. L. 107–71, title I, §114(b), Nov. 19, 2001, 115 Stat. 623, added item 46503 "Interference with security screening personnel".
1994—Pub. L. 103–322, title VI, §60003(b)(1), Sept. 13, 1994, 108 Stat. 1970, substituted "Repealed" for "Death penalty sentencing procedure
for aircraft piracy" in item 46503.

§46501. Definitions
In this chapter—
(1) "aircraft in flight" means an aircraft from the moment all external doors are closed following boarding—
(A) through the moment when one external door is opened to allow passengers to leave the aircraft; or
(B) until, if a forced landing, competent authorities take over responsibility for the aircraft and individuals and property on the aircraft.
(2) "special aircraft jurisdiction of the United States" includes any of the following aircraft in flight:
(A) a civil aircraft of the United States.
(B) an aircraft of the armed forces of the United States.
(C) another aircraft in the United States.
(D) another aircraft outside the United States—
(i) that has its next scheduled destination or last place of departure in the United States, if the aircraft next lands in the United States;
(ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in
the United States with the individual still on the aircraft; or
(iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation) if the aircraft lands in the United States with the individual still on the aircraft.
(E) any other aircraft leased without crew to a lessee whose principal place of business is in the United States or, if the lessee does not have a principal
place of business, whose permanent residence is in the United States.
(3) an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) when the individual, when on an
aircraft in flight—
(A) by any form of intimidation, unlawfully seizes, exercises control of, or attempts to seize or exercise control of, the aircraft; or
(B) is an accomplice of an individual referred to in subclause (A) of this clause.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240.)
Historical and Revision Notes

Revised
Section
46501(1)

Source (U.S. Code)
49 App.:1301(38) (words after 10th
comma).

49 App.:1472(n)(4).

46501(2)

49 App.:1301(38) (words before 10th
comma).
49 App.:1472(n)(2).

46501(3)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§101(38); added Oct. 14, 1970, Pub. L.
91–449, §1(1), 84 Stat. 921; restated Aug.
5, 1974, Pub. L. 93–366, §§102, 206, 88
Stat. 409, 419; Nov. 9, 1977, Pub. L. 95–
163, §17(b)(1), 91 Stat. 1286; Oct. 24,
1978, Pub. L. 95–504, §2(b), 92 Stat.
1705; Oct. 12, 1984, Pub. L. 98–473,
§2013(c), 98 Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(n)(2), (4); added Aug. 5, 1974, Pub.
L. 93–366, §103(b), 88 Stat. 410, 411.

In clause (2), before subclause (A), the words "any of the following" are substituted for "includes" for clarity. In subclause (B), the words
"armed forces" are substituted for "national defense forces" because of 10:101. In subclause (D)(i), the word "place" is substituted for "point"
for consistency in the revised title. The word "actually" is omitted as surplus. In subclause (D)(ii), the words "on which an individual commits"
are substituted for "having . . . committed aboard" for clarity. In subclause (D)(iii), the words "against which an individual commits" are
substituted for "regarding which an offense . . . is committed" for clarity. The words "(Montreal, September 23, 1971)" are omitted as surplus. In
subclause (E), the words "the lessee does not have a principal place of business" are substituted for "none" for clarity.
In clause (3), the words "by force or threat thereof, or . . . other" are omitted as surplus.

§46502. Aircraft piracy
(a) In Special Aircraft Jurisdiction.—(1) In this subsection—
(A) "aircraft piracy" means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force
or violence, or any form of intimidation, and with wrongful intent.
(B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt
if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.
(2) An individual committing or attempting or conspiring to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned
for life.
(b) Outside Special Aircraft Jurisdiction.—(1) An individual committing or conspiring to commit an offense (as defined in the Convention for the
Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States—
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned
for life.
(2) There is jurisdiction over the offense in paragraph (1) if—

(A) a national of the United States was aboard the aircraft;
(B) an offender is a national of the United States; or
(C) an offender is afterwards found in the United States.
(3) For purposes of this subsection, the term "national of the United States" has the meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1241; Pub. L. 103–429, §6(61), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–132, title VII, §§721(a), 723(b), Apr.
24, 1996, 110 Stat. 1298, 1300.)
Historical and Revision Notes

Pub. L. 103–272
Revised
Section
46502(a)(1)

49 App.:1472(i)(2), (3).

46502(a)(2)
46502(b)(1)

49 App.:1472(i)(1).
49 App.:1472(n)(1).

46502(b)(2)

49 App.:1472(n)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(i); added Sept. 5, 1961, Pub. L. 87–
197, §1, 75 Stat. 466; Oct. 14, 1970, Pub.
L. 91–449, §1(3), 84 Stat. 921; Aug. 5,
1974, Pub. L. 93–366, §§103(a), 104, 88
Stat. 410, 411.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(n)(1), (3); added Aug. 5, 1974, Pub.
L. 93–366, §103(b), 88 Stat. 410.

In subsection (a)(1)(B), the words "offense of" are omitted as surplus.
In subsection (a)(2), the words "as herein defined" are omitted as surplus.
In subsection (b)(2), the words "the place of actual" are omitted as surplus. The words "as defined in paragraph (2) of this subsection" are
omitted because of the restatement. The word "country" is substituted for "State" for consistency in the revised title and with other titles of the
United States Code.
Pub. L. 103–429

This amends 49:46502(a)(2)(B) and (b)(1)(B) to clarify the restatement of 49 App.:1472(i)(1)(B) and (n)(1)(B) by section 1 of the Act of July
5, 1994 (Public Law 103–272, 108 Stat. 1241, 1242).
Editorial Notes

Amendments
1996—Subsec. (a)(2). Pub. L. 104–132, §723(b)(1), inserted "or conspiring" after "attempting".
Subsec. (b)(1). Pub. L. 104–132, §§721(a)(1), 723(b)(2), in introductory provisions, inserted "or conspiring to commit" after "committing" and

struck out "and later found in the United States" after "jurisdiction of the United States".
Subsec. (b)(2). Pub. L. 104–132, §721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "This subsection
applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the
country of registration of the aircraft."
Subsec. (b)(3). Pub. L. 104–132, §721(a)(3), added par. (3).
1994—Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 inserted "notwithstanding section 3559(b) of title 18," before "if the death".

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Death Penalty Procedures for Certain Air Piracy Cases Occurring Before Enactment of the Federal
Death Penalty Act of 1994
Pub. L. 109–177, title II, §211, Mar. 9, 2006, 120 Stat. 230, provided that:
"(a) In General.—Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended, as of the

time of its enactment [Sept. 13, 1994], by adding at the end the following:
" '(c) [Omitted, see below.]'.
"(b) Severability Clause.—If any provision of section 60003(b)(2) of the Violent Crime and Law Enforcement Act of 1994 (Public Law 103–322)
[repealed section 46503 of this title], or the application thereof to any person or any circumstance is held invalid, the remainder of such section
and the application of such section to other persons or circumstances shall not be affected thereby."
Pub. L. 103–322, title VI, §60003(c), as added by Pub. L. 109–177, title II, §211(a), Mar. 9, 2006, 120 Stat. 230, provided that:
"(c) Death Penalty Procedures for Certain Previous Aircraft Piracy Violations.—An individual convicted of violating section 46502 of title 49,
United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United
States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–
322) [Sept. 13, 1994], but after the enactment of the Antihijacking Act of 1974 (Public Law 93–366) [Aug. 5, 1974], it is determined by the finder
of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of
the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist,
beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor,
has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term 'especially heinous, cruel, or
depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by
adding the limiting language 'in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is
used in section 3592(c)(6) of title 18, United States Code."

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

§46503. Interference with security screening personnel
An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security
duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be
fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the
individual may be imprisoned for any term of years or life imprisonment.
(Added Pub. L. 107–71, title I, §114(a), Nov. 19, 2001, 115 Stat. 623.)
Editorial Notes

Prior Provisions

A prior section 46503, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1242, provided for death penalty sentencing procedure for individuals
convicted of aircraft piracy, prior to repeal by Pub. L. 103–322, title VI, §60003(b)(2), Sept. 13, 1994, 108 Stat. 1970.

§46504. Interference with flight crew members and attendants
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of
the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or
attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in
assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, §811(i), Oct. 26, 2001, 115 Stat. 382.)
Historical and Revision Notes
Revised
Section
46504

Source (U.S. Code)
49 App.:1472(j).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(j); added Sept. 5, 1961, Pub. L. 87–
197, §1, 75 Stat. 466; Oct. 14, 1970, Pub.
L. 91–449, §1(3), 84 Stat. 921.

The words "or threatens" are omitted as being included in "intimidating". The words "(including any steward or stewardess)" are omitted as
being included in "attendant". The words "fined under title 18" are substituted for "fined not more than $10,000" for consistency with title 18.
The words "deadly or" are omitted as surplus.
Editorial Notes

Amendments
2001—Pub. L. 107–56 inserted "or attempts or conspires to do such an act," before "shall be fined under title 18,".

§46505. Carrying a weapon or explosive on an aircraft
(a) Definition.—In this section, "loaded firearm" means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a
cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.
(b) General Criminal Penalty.—An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual—
(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the
individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;
(2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or
(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.
(c) Criminal Penalty Involving Disregard for Human Life.—An individual who willfully and without regard for the safety of human life, or with reckless
disregard for the safety of human life, violates subsection (b) of this section, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if
death results to any person, shall be imprisoned for any term of years or for life.
(d) Nonapplication.—Subsection (b)(1) of this section does not apply to—
(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry
arms in an official capacity;

(2) another individual the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration by regulation
authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the
presence of the weapon.
(e) Conspiracy.—If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 104–132, title VII, §705(b), Apr. 24, 1996, 110 Stat. 1295; Pub. L. 107–56, title VIII, §§810(g),
811(j), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–71, title I, §140(d)(8), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(h)(1), Oct. 5,
2018, 132 Stat. 3645.)
Historical and Revision Notes
Revised
Section
46505(a)

49 App.:1472(l)(4).

46505(b)

49 App.:1472(l)(1).

46505(c)

49 App.:1472(l)(2).

46505(d)

49 App.:1472(l)(3).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(l)(4); added Feb. 18, 1980, Pub. L.
96–193, §502(c), 94 Stat. 59.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(l)(1); added Sept. 5, 1961, Pub. L.
87–197, §1, 75 Stat. 466; Aug. 5, 1974,
Pub. L. 93–366, §203, 88 Stat. 417;
restated Feb. 18, 1980, Pub. L. 96–193,
§502(a), 94 Stat. 59; Oct. 12, 1984, Pub. L.
98–473, §2014(c)(1), 98 Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(l)(2); added Sept. 5, 1961, Pub. L.
87–197, §1, 75 Stat. 466; restated Aug. 5,
1974, Pub. L. 93–366, §203, 88 Stat. 418;
Oct. 12, 1984, Pub. L 98–473, §2014(c)(2),
98 Stat. 2189.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(l)(3); added Sept. 5, 1961, Pub. L.
87–197, §1, 75 Stat. 466; restated Aug. 5,
1974, Pub. L. 93–366, §203, 88 Stat. 418;
Feb. 18, 1980, Pub. L. 96–193, §502(b), 94
Stat. 59.

In subsection (a), the definition of "firearm" is merged with the definition of "loaded firearm" because the term "firearm" is only used in the
defined term "loaded firearm".
In subsections (b) and (c), the words "fined under title 18" are substituted for "fined not more than $10,000" and "fined not more than
$25,000" for consistency with title 18.
In subsections (b)(1) and (d)(2), the words "deadly or" are omitted as surplus.
In subsection (b)(2), the words "baggage or other" are omitted as surplus.
In subsection (b)(3), the words "bomb or similar" are omitted as surplus.
In subsection (d)(1), the words "State or political subdivision of a State" are substituted for "municipal or State government" for consistency
in the revised title and with other titles of the United States Code. The words "or required" are omitted as surplus.
In subsection (d)(3), the word "contained" is omitted as surplus.

Editorial Notes

Amendments
2018—Subsec. (d)(2). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of
Transportation for Security".
2001—Subsec. (c). Pub. L. 107–56, §810(g), substituted "20 years, or both, and, if death results to any person, shall be imprisoned for any
term of years or for life." for "15 years, or both."
Subsec. (d)(2). Pub. L. 107–71, §140(d)(8), inserted "or the Under Secretary of Transportation for Security" after "Federal Aviation
Administration".
Subsec. (e). Pub. L. 107–56, §811(j), added subsec. (e).
1996—Subsec. (b). Pub. L. 104–132, §705(b)(1), substituted "10 years" for "one year".
Subsec. (c). Pub. L. 104–132, §705(b)(2), substituted "15 years" for "5 years".

§46506. Application of certain criminal laws to acts on aircraft
An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that—
(1) if committed in the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18) would violate section 113, 114, 661,
662, 1111, 1112, 1113, or 2111 or chapter 109A of title 18, shall be fined under title 18, imprisoned under that section or chapter, or both; or
(2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code §22-1112), shall be fined under title 18, imprisoned
under section 9 of the Act, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1245.)
Historical and Revision Notes
Revised
Section
46506

Source (U.S. Code)
49 App.:1472(k).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(k); added Sept. 5, 1961, Pub. L. 87–
197, §1, 75 Stat. 466; Oct. 14, 1970, Pub.
L. 91–449, §1(3), 84 Stat. 921; Nov. 10,
1986, Pub. L. 99–646, §87(d)(8), 100 Stat.
3624; Nov. 14, 1986, Pub. L. 99–654, §3(b)
(8), 100 Stat. 3664.

In clause (1), the words "fined under title 18, imprisoned under that section or chapter, or both" are substituted for "punished as provided
therein" for consistency with title 18.
In clause (2), the words "fined under title 18, imprisoned under section 9 of the Act, or both" are substituted for "punished as provided
therein" for consistency with title 18.
Editorial Notes

References in Text
Section 9 of the Act of July 29, 1892, referred to in par. (2), is section 9 of act July 29, 1892, ch. 320, 27 Stat. 324, as amended, which is not
classified to the Code. Section 9 of the Act was reclassified to section 22–1312 of the D.C. Code (2014).

§46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if the individual—
(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or causes to be given, under
circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that
would violate section 46502(a), 46504, 46505, or 46506 of this title; or
(2)(A) threatens to violate section 46502(a), 46504, 46505, or 46506 of this title, or causes a threat to violate any of those sections to be made; and
(B) has the apparent determination and will to carry out the threat.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1245.)
Historical and Revision Notes
Revised
Section
46507

Source (U.S. Code)
49 App.:1472(m).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§902(m); added Sept. 5, 1961, Pub. L. 87–
197, §1, 75 Stat. 467; restated Oct. 12,
1984, Pub. L. 98–473, §2014(d)(1), 98
Stat. 2190.

In this section, before clause (1), the words "fined under title 18" are substituted for "fined not more than $25,000" for consistency with title
18. In clauses (1) and (2), the words "a felony" are omitted as surplus. In clause (1), the words "gives, or causes to be given" are substituted
for "imparts or conveys or causes to be imparted or conveyed" to eliminate unnecessary words. The words "attempt or" are omitted as surplus.
In clause (2), the words "threatens . . . or causes a threat . . . to be made" are substituted for "imparts or conveys or causes to be imparted or
conveyed any threat" to eliminate unnecessary words.