49 U.S.C. § 106 — Federal Aviation Administration

Page 28 TITLE 49—TRANSPORTATION § 106 ture of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administration’s projected activi- ties, including— ‘‘(1) the Administrator’s policy priorities; ‘‘(2) any rulemakings projected to be commenced; ‘‘(3) any plans to develop guidelines; ‘‘(4) any plans to restructure the Administration or to establish or alter working groups; ‘‘(5) any planned projects or initiatives of the Ad- ministration, including the working groups and advi- sory committees of the Administration; and ‘‘(6) any projected dates or timetables associated with any of the items described in paragraphs (1) through (5).’’ NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE Pub. L. 112–141, div. C, title I, § 31401, July 6, 2012, 126 Stat. 772, provided that: ‘‘(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING TECHNOLOGIES.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall establish, within the National Highway Traffic Safety Administration, a Council for Vehicle Electronics, Vehicle Software, and Emerging Tech- nologies (referred to in this section as the ‘Council’) to build, integrate, and aggregate the Administra- tion’s expertise in passenger motor vehicle elec- tronics and other new and emerging technologies. ‘‘(2) IMPLEMENTATION OF ROADMAP.—The Council shall research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, lower emissions, meet fuel economy standards, and enhance passenger motor ve- hicle safety through continued utilization of the Ad- ministration’s Plastic and Composite Intensive Vehi- cle Safety Roadmap (Report No. DOT HS 810 863). ‘‘(3) INTRA-AGENCY COORDINATION.—The Council shall coordinate with all components of the Adminis- tration responsible for vehicle safety, including re- search and development, rulemaking, and defects in- vestigation. ‘‘(b) HONORS RECRUITMENT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Secretary shall estab- lish, within the National Highway Traffic Safety Ad- ministration, an honors program for engineering stu- dents, computer science students, and other students interested in vehicle safety that will enable such stu- dents to train with engineers and other safety offi- cials for careers in vehicle safety. ‘‘(2) STIPEND.—The Secretary is authorized to pro- vide a stipend to any student during the student’s participation in the program established under para- graph (1). ‘‘(c) ASSESSMENT.—The Council, in consultation with affected stakeholders, shall periodically assess the im- plications of emerging safety technologies in passenger motor vehicles, including the effect of such tech- nologies on consumers, product availability, and cost.’’ § 106. Federal Aviation Administration (a) IN GENERAL.—The Federal Aviation Admin- istration is an administration in the Depart- ment of Transportation. (b) ADMINISTRATION LEADERSHIP.— (1) ADMINISTRATOR.— (A) IN GENERAL.—The head of the Adminis- tration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) QUALIFICATIONS.—The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomi- nation; and (iv) have experience in organizational management and a field directly related to aviation. (C) FITNESS.—In appointing an individual as Administrator, the President shall con- sider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) TERM OF OFFICE.—The term of office for any individual appointed as Administrator shall be 5 years. (E) REPORTING CHAIN.—Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) DEPUTY ADMINISTRATOR.— (A) IN GENERAL.—The Administrator has a Deputy Administrator, who shall be ap- pointed by the President. (B) QUALIFICATIONS.—The Deputy Adminis- trator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) FITNESS.—In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the of- fice of Administrator is vacant. (D) REPORTING CHAIN.—The Deputy Admin- istrator reports directly to the Adminis- trator. (E) DUTIES.—The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (F) COMPENSATION.— (i) ANNUAL RATE OF BASIC PAY.—The an- nual rate of basic pay of the Deputy Ad- ministrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator. (ii) EXCEPTION.—A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive— (I) the pay provided for the Deputy Ad- ministrator under clause (i); or (II) the pay and allowances or the re- tired pay of the military grade held. (iii) REIMBURSEMENT OF EXPENSES.—If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the ap- propriate military department from funds available for the expenses of the Adminis- tration. (3) LEADERSHIP OF THE ADMINISTRATION DE- FINED.—In this section, the term ‘‘leadership of the Administration’’ means— (A) the Administrator under paragraph (1); and Page 29 TITLE 49—TRANSPORTATION § 106 (B) the Deputy Administrator under para- graph (2). (c) ASSISTANT ADMINISTRATOR FOR RULEMAKING AND REGULATORY IMPROVEMENT.—There is an As- sistant Administrator for Rulemaking and Reg- ulatory Improvement who shall be appointed by the Administrator and shall— (1) be responsible for developing and man- aging the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by— (A) prioritizing rulemaking projects that are necessary to improve safety; (B) establishing the regulatory agenda of the Administration; and (C) coordinating with offices of the Admin- istration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when re- quired by law; (2) not delegate overall responsibility for meeting internal timelines and final comple- tion of the regulatory activities of the Admin- istration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement; (3) on an ongoing basis, review the regula- tions of the Administration in effect to— (A) improve safety; (B) reduce undue regulatory burden; (C) replace prescriptive regulations with performance-based regulations, as appro- priate; (D) prevent duplicative regulations; and (E) increase regulatory clarity and trans- parency whenever possible; (4) make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii); (5) receive, coordinate, and respond to peti- tions for rulemaking and for exemption as pro- vided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition— (A) acknowledging receipt of such petition; (B) confirming completeness of such peti- tion; (C) providing an initial indication of the complexity of the request and how such complexity may impact the timeline for ad- judication; and (D) requesting any additional information, as appropriate, that would assist in the con- sideration of the petition; (6) track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and es- tablish a methodology by which to determine if it would be more efficient and in the inter- est of the public to amend a rule to reduce the future need of waivers and exemptions; and (7) promulgate regulatory updates as deter- mined more efficient or in the best interest of the public under paragraph (6). (d) [Reserved]. (e) PROHIBITION ON CONFLICTING PECUNIARY IN- TERESTS.— (1) IN GENERAL.—The leadership of the Ad- ministration may not have a pecuniary inter- est in, or hold a financial interest in, an aero- nautical enterprise or engage in another busi- ness, vocation, or employment. (2) TEACHING.—Notwithstanding paragraph (1), the Deputy Administrator may not receive compensation for teaching without prior ap- proval of the Administrator. (3) FINANCIAL INTEREST DEFINED.—In this subsection, the term ‘‘financial interest’’— (A) means— (i) any current or contingent ownership, equity, or security interest; (ii) any indebtedness or compensated em- ployment relationship; or (iii) any right to purchase or acquire any such ownership, equity, or security inter- est, including a stock option; and (B) does not include securities held in an index fund. (f) AUTHORITY OF THE SECRETARY AND THE AD- MINISTRATOR.— (1) AUTHORITY OF THE SECRETARY.—Except as provided in paragraphs (2) and (3), the Sec- retary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. In exer- cising duties, powers, and authorities that are assigned to the Secretary or the Adminis- trator under this title, neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the deci- sions or recommendations of, a committee, board, council, or organization that is— (A) established by executive order; or (B) not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Ad- ministrator. (2) AUTHORITY OF THE ADMINISTRATOR.—The Administrator— (A) is the final authority for carrying out all functions, powers, and duties of the Ad- ministration relating to— (i) the appointment and employment of all officers and employees of the Adminis- tration (other than Presidential and polit- ical appointees); (ii) the acquisition, establishment, im- provement, operation, maintenance, secu- rity (including cybersecurity), and dis- posal of property, facilities, services, and equipment of the Administration, includ- ing all elements of the air traffic control system owned by the Administration; (iii) except as otherwise provided in paragraph (4), the promulgation of regula- tions, rules, orders, circulars, bulletins, and other official publications of the Ad- ministration; and (iv) any obligation imposed on the Ad- ministrator, or power conferred on the Ad- ministrator, by the Air Traffic Manage- ment System Performance Improvement Act of 1996 (or any amendment made by that Act); (B) shall offer advice and counsel to the President with respect to civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any Page 30 TITLE 49—TRANSPORTATION § 106 duty carried out by the Administrator pur- suant to paragraph (3), or the provisions of this title, or the appointment and qualifica- tions of any officer or employee of the Ad- ministration to be appointed by the Presi- dent or as a political appointee; (C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, un- less such delegation is prohibited by law; and (D) except as otherwise provided for in this title, and notwithstanding any other provi- sion of law, shall not be required to coordi- nate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Depart- ment of Transportation on any matter with respect to which the Administrator is the final authority. (3) DUTIES AND POWERS OF THE ADMINIS- TRATOR.— (A) IN GENERAL.—The Administrator shall carry out— (i) the duties and powers of the Sec- retary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous ma- terial) and stated in— (I) subsections (c) and (d) of section 1132; (II) sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117; (III) chapter 443; (IV) chapter 445, except sections 44502(a)(3), 44503, and 44509; (V) chapter 447, except sections 44721(b) and 44723; (VI) chapter 448; (VII) chapter 451; (VIII) chapter 453; (IX) section 46104; (X) subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320; (XI) chapter 465; (XII) chapter 471; (XIII) chapter 475; and (XIV) chapter 509 of title 51; and (ii) such additional duties and powers as may be prescribed by the Secretary. (B) APPLICABILITY.—Section 40101(d) ap- plies to the duties and powers specified in subparagraph (A). (C) TRANSFER.—Any of the duties and pow- ers specified in subparagraph (A) may only be transferred to another part of the Depart- ment if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5. (D) ADMINISTRATIVE FINALITY.—A decision of the Administrator in carrying out the du- ties or powers specified in subparagraph (A) is administratively final. (4) REGULATIONS.— (A) IN GENERAL.— (i) ISSUANCE OF REGULATIONS.—In the performance of the functions of the Ad- ministrator and the Administration, the Administrator is authorized to issue, re- scind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5. (ii) PETITIONS FOR RULEMAKING.—The Ad- ministrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dis- missing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking. (iii) RULEMAKING TIMELINE.—The Admin- istrator shall issue a final regulation, or take other final action, not later than 16 months after the last day of the public comment period for the regulations or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after the date of publication in the Federal Register of notice of the proposed rulemaking. (iv) REPORTING REQUIREMENT.—On Feb- ruary 1 and August 1 of each year the Ad- ministrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Com- mittee on Commerce, Science, and Trans- portation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6- month period ending on such date, includ- ing an explanation for missing the dead- line and a projected date on which the ac- tion that was subject to the deadline will be taken. (B) APPROVAL OF SECRETARY OF TRANSPOR- TATION.— (i) IN GENERAL.—The Administrator may not issue, unless the Secretary of Trans- portation approves the issuance of the reg- ulation in advance, a proposed regulation or final regulation that— (I) is likely to result in the expendi- ture by State, local, and Tribal govern- ments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024) in any year; or (II) is significant. (ii) SIGNIFICANT REGULATIONS.—For pur- poses of this paragraph, a regulation is sig- nificant if the Administrator, in consulta- tion with the Secretary (as appropriate), determines that the regulation— (I) will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024); (II) raises novel or serious legal or pol- icy issues that will substantially and Page 31 TITLE 49—TRANSPORTATION § 106 1 So in original. Probably should be ‘‘subclause (I)’’. 2 See References in Text note below. materially affect other transportation modes; or (III) adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competi- tion, jobs, the environment, public health or safety, or a State, local, or Tribal government or community. (iii) EMERGENCY REGULATION.— (I) IN GENERAL.—In an emergency as determined by the Administrator, the Administrator may issue a final regula- tion described in clause (i) without prior approval of the Secretary. (II) OBJECTION.—If the Secretary ob- jects to a regulation issued under sub- clause (II) 1 in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after the issuance, the Administrator shall immediately re- scind such regulation. (iv) OTHER REGULATIONS.—The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation— (I) does not require the approval of the Secretary under clause (i) (excluding a regulation issued under clause (iii)); or (II) is a routine or frequent action or a procedural action. (v) TIMELINE.—The Administrator shall submit a copy of any proposed or final reg- ulation requiring approval by the Sec- retary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments not later than 30 days after receiving the regulation. If the Sec- retary fails to approve or return the regu- lation with comments to the Adminis- trator not later than 30 days after receiv- ing such regulation, the regulation shall be deemed to have been approved by the Secretary. (C) PERIODIC REVIEW.— (i) IN GENERAL.—For any significant reg- ulation issued after the date of enactment of the FAA Reauthorization Act of 2024, in addition to the review requirements estab- lished under section 5.13(d) 2 of title 49, Code of Federal Regulations, the Adminis- trator shall review any significant regula- tion 3 years after the effective date of such regulation. (ii) DISCRETIONARY REVIEW.—The Admin- istrator may review any regulation that has been in effect for more than 3 years. (iii) SUBSTANCE OF REVIEW.—In per- forming a review under clause (i) or (ii), the Administrator shall determine if— (I) the cost assumptions supporting the regulation were accurate; (II) the intended benefit of the regula- tion is being realized; (III) the need remains to continue such regulation as in effect; and (IV) the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) 2 of title 49, Code of Federal Regu- lations. (iv) REVIEW MANAGEMENT.—Any periodic review of a regulation under this subpara- graph shall be managed by the Assistant Administrator for Rulemaking and Regu- latory Improvement, who may task an ad- visory committee or the Management Ad- visory Council established under sub- section (p) to assist in performing the re- view. (5) DEFINITION OF POLITICAL APPOINTEE.—For purposes of this subsection, the term ‘‘polit- ical appointee’’ means any individual who— (A) is employed in a position listed in sec- tions 5312 through 5316 of title 5 (relating to the Executive Schedule); (B) is a limited term appointee, limited emergency appointee, or noncareer ap- pointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), re- spectively, of section 3132(a) of title 5; or (C) is employed in a position in the execu- tive branch of the Government of a confiden- tial or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. (g) [reserved]. (h) TECHNICAL CENTER FOR ADVANCED AERO- SPACE.— (1) IN GENERAL.—There is established within the Administration a technology center to support the advancement of aerospace safety and innovation which shall be known as the ‘‘William J. Hughes Technical Center for Ad- vanced Aerospace’’ (in this subsection referred to as the ‘‘Technical Center’’) that shall be used by the Administrator and, as permitted by the Administrator, other governmental en- tities, academia, and the aerospace industry. (2) MANAGEMENT.—The activities of the Technical Center shall be managed by a Direc- tor. (3) ACTIVITIES.—The activities of the Tech- nical Center shall include— (A) developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by— (i) liaising between external persons and offices of the Administration interested in such work; (ii) providing technical expertise and input, as appropriate; and (iii) providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements; (B) managing technology demonstration grants awarded by the Administrator; (C) identifying software, systems, services, and technologies that could improve avia- tion safety and the operations and manage- ment of the air traffic control system and working with relevant offices of the Admin- Page 32 TITLE 49—TRANSPORTATION § 106 istration to consider the use and integration of such software, systems, services, and technologies, as appropriate; (D) supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, sys- tems, and technologies of such collocated fa- cilities and tenants; (E) managing the facilities of the Tech- nical Center; and (F) carrying out any other duties as deter- mined appropriate by the Administrator. (i) The Deputy Administrator shall carry out duties and powers prescribed by the Adminis- trator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Ad- ministrator is vacant. (j) CIVIL AEROMEDICAL INSTITUTE.—There is es- tablished within the Federal Aviation Adminis- tration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the ‘‘Civil Aeromedical Institute’’. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector. (k) AUTHORIZATION OF APPROPRIATIONS FOR OP- ERATIONS.— (1) SALARIES, OPERATIONS, AND MAINTE- NANCE.—There is authorized to be appropriated to the Secretary of Transportation for sala- ries, operations, and maintenance of the Ad- ministration— (A) $12,729,627,000 for fiscal year 2024; (B) $13,055,000,000 for fiscal year 2025; (C) $13,354,000,000 for fiscal year 2026; (D) $13,650,000,000 for fiscal year 2027; and (E) $13,954,000,000 for fiscal year 2028. Such sums shall remain available until ex- pended. (2) AUTHORIZED EXPENDITURES.—Out of amounts appropriated under paragraph (1), the following expenditures are authorized: (A) Such sums as may be necessary for fis- cal years 2012 through 2015 to carry out and expand the Air Traffic Control Collegiate Training Initiative. (B) Such sums as may be necessary for fis- cal years 2012 through 2015 for the comple- tion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska’s main aviation corridors. (C) Such sums as may be necessary for fis- cal years 2012 through 2015 to carry out the Aviation Safety Reporting System and the development and maintenance of helicopter approach procedures. (D) Not more than the following amounts for commercial space transportation activi- ties: (i) $75,938,000 for fiscal year 2023. (ii) $42,018,000 for fiscal year 2024. (iii) $52,985,000 for fiscal year 2025. (iv) $59,044,000 for fiscal year 2026. (v) $65,225,000 for fiscal year 2027. (vi) $71,529,000 for fiscal year 2028. (3) ADMINISTERING PROGRAM WITHIN AVAIL- ABLE FUNDING.— (A) IN GENERAL.—Notwithstanding any other provision of law, in each of fiscal years 2024 through 2028, if the Secretary deter- mines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance ex- penses of the Federal Aviation Administra- tion, as authorized by this section, the Sec- retary shall reduce nonsafety-related activi- ties of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under para- graph (1). (B) PRIORITIZATION.—In reducing non-safe- ty-related activities of the Administration under subparagraph (A), the Secretary shall prioritize such reductions from amounts other than amounts authorized under this subsection, section 48101, or section 48103. (C) SUNSET.—This paragraph shall cease to be effective on October 1, 2028. (l) PERSONNEL AND SERVICES.— (1) OFFICERS AND EMPLOYEES.—Except as pro- vided in subsections (a) and (g) of section 40122, the Administrator is authorized, in the performance of the functions of the Adminis- trator, to appoint, transfer, and fix the com- pensation of such officers and employees, in- cluding attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensa- tion and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent pro- vided for in section 40122(a), nor shall the Ad- ministrator be bound by any requirement to establish such compensation or benefits at particular levels. (2) EXPERTS AND CONSULTANTS.—The Admin- istrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5. (3) TRANSPORTATION AND PER DIEM EX- PENSES.—The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5. (4) USE OF PERSONNEL FROM OTHER AGEN- CIES.—The Administrator is authorized to uti- lize the services of personnel of any other Fed- eral agency (as such term is defined under sec- tion 551(1) of title 5). (5) VOLUNTARY SERVICES.— (A) GENERAL RULE.—In exercising the au- thority to accept gifts and voluntary serv- ices under section 326 of this title, and with- out regard to section 1342 of title 31, the Ad- ministrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees em- ployed on a full-time, part-time, or seasonal basis. (B) INCIDENTAL EXPENSES.—The Adminis- trator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection. (C) LIMITED TREATMENT AS FEDERAL EM- PLOYEES.—An individual who provides vol- untary services under this subsection shall not be considered a Federal employee for Page 33 TITLE 49—TRANSPORTATION § 106 any purpose other than for purposes of chap- ter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, re- lating to tort claims. (6) CONTRACTS.—The Administrator is au- thorized to enter into and perform such con- tracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooper- ative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate. (7) PROHIBITION ON CERTAIN PERFORMANCE- BASED INCENTIVES.—No employee of the Ad- ministration shall be given an award, financial incentive, or other compensation, as a result of actions to meet performance goals related to meeting or exceeding schedules, quotas, or deadlines for certificates issued under section 44704. (m) COOPERATION BY ADMINISTRATOR.—With the consent of appropriate officials, the Admin- istrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency (as such term is defined in section 551(1) of title 5) and any other public or private entity. The Ad- ministrator may also cooperate with appro- priate officials of other public and private agen- cies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Fed- eral agency available to the Administrator. The head of a Federal agency is authorized, notwith- standing any other provision of law, to transfer to or to receive from the Administration, with or without reimbursement, supplies, personnel, services, and equipment other than administra- tive supplies or equipment. (n) ACQUISITION.— (1) IN GENERAL.—The Administrator is au- thorized— (A) to acquire (by purchase, lease, con- demnation, or otherwise), construct, im- prove, repair, operate, and maintain— (i) air traffic control facilities and equip- ment; (ii) research and testing sites and facili- ties; and (iii) such other real and personal prop- erty (including office space and patents), or any interest therein, within and outside the continental United States as the Ad- ministrator considers necessary; (B) to lease to others such real and per- sonal property; and (C) to provide by contract or otherwise for eating facilities and other necessary facili- ties for the welfare of employees of the Ad- ministration at the installations of the Ad- ministration, and to acquire, operate, and maintain equipment for these facilities. (2) TITLE.—Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States. (o) TRANSFERS OF FUNDS.—The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds ap- propriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred by law to the Administrator or functions transferred pursuant to law to the Administrator on or after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996. (p) MANAGEMENT ADVISORY COUNCIL.— (1) ESTABLISHMENT.—The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Manage- ment Advisory Council (in this subsection re- ferred to as the ‘‘Council’’). (2) MEMBERSHIP.—The Council shall consist of 13 members, who shall consist of— (A) a designee of the Secretary of Trans- portation; (B) a designee of the Secretary of Defense; (C) 5 members representing aerospace and technology interests, appointed by the Ad- ministrator; (D) 5 members representing aerospace and technology interests, appointed by the Sec- retary of Transportation; and (E) 1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees. (3) QUALIFICATIONS.—No officer or employee of the Federal Government may be appointed to the Council under subparagraph (C) or (D) of paragraph (2). (4) FUNCTIONS.— (A) IN GENERAL.— (i) ADVISE; COUNSEL.—The Council shall provide advice and counsel to the Adminis- trator on issues which affect or are af- fected by the activities of the Adminis- trator. (ii) RESOURCE.—The Council shall func- tion as an oversight resource for manage- ment, policy, spending, and regulatory matters under the jurisdiction of the Ad- ministrator. (iii) SUBMISSIONS TO ADMINISTRATION.— With respect to Administration manage- ment, policy, spending, funding, data man- agement and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aero- space industry and the national airspace system, the Council may— (I) regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and (II) request the Administrator include in any submission to Congress, the Sec- retary, or the general public, and in any Page 34 TITLE 49—TRANSPORTATION § 106 submission for publication in the Fed- eral Register, a description of the com- ments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I). (iv) REASONING.—Together with a Coun- cil submission that is published or de- scribed under clause (iii)(II), the Adminis- trator may provide the reasons for any dif- ferences between the views of the Council and the views or actions of the Adminis- trator. (v) COST-BENEFIT ANALYSIS.—The Council shall review the rulemaking cost-benefit analysis process and develop recommenda- tions to improve the analysis and ensure that the public interest is fully protected. (vi) PROCESS REVIEW.—The Council shall review the process through which the Ad- ministration determines to use advisory circulars, service bulletins, and other ex- ternally facing guidance and regulatory material. (B) MEETINGS.—The Council shall meet not less than 3 times annually or at the call of the chair or the Administrator. (C) ACCESS TO DOCUMENTS AND STAFF.—The Administrator may give the Council appro- priate access to relevant documents and per- sonnel of the Administration, and the Ad- ministrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the ‘‘Freedom of Information Act’’), cost data associated with the acquisition and op- eration of air traffic service systems. (D) DISCLOSURE OF COMMERCIAL OR PROPRI- ETARY DATA.—Any member of the Council who receives commercial or other propri- etary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, per- taining to unauthorized disclosure of such information. (5) APPLICATION OF CHAPTER 10 OF TITLE 5.— Chapter 10 of title 5 does not apply to— (A) the Council; (B) such aviation rulemaking committees as the Administrator shall designate; or (C) such aerospace rulemaking committees as the Secretary shall designate. (6) ADMINISTRATIVE MATTERS.— (A) TERMS.—Members of the Council ap- pointed under paragraph (2)(C) shall be ap- pointed for a term of 3 years. (B) TERM FOR AIR TRAFFIC CONTROL REP- RESENTATIVE.—The member appointed under paragraph (2)(E) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of para- graph (2)(E). (C) VACANCY.—Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any mem- ber appointed to fill a vacancy occurring be- fore the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. (D) CONTINUATION IN OFFICE.—A member of the Council whose term expires shall con- tinue to serve until the date on which the successor of the member takes office. (E) REMOVAL.—Any member of the Council appointed under paragraph (2) may be re- moved for cause by whomever makes the ap- pointment. (F) CHAIR; VICE CHAIR.—The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs (C) and (D) of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chair in the absence of the chair. (G) TRAVEL AND PER DIEM.—Each member of the Council shall be paid actual travel ex- penses, and per diem in lieu of subsistence expenses when away from the usual place of residence of the member, in accordance with section 5703 of title 5. (H) DETAIL OF PERSONNEL FROM THE ADMIN- ISTRATION.—The Administrator shall make available to the Council such staff, informa- tion, and administrative services and assist- ance as may reasonably be required to en- able the Council to carry out the respon- sibilities of the Council under this sub- section. (q) AIRCRAFT NOISE OMBUDSMAN.— (1) ESTABLISHMENT.—There shall be in the Administration an Aircraft Noise Ombudsman. (2) GENERAL DUTIES AND RESPONSIBILITIES.— The Ombudsman shall— (A) be appointed by the Administrator; (B) serve as a liaison with the public on issues regarding aircraft noise; and (C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas. (3) NUMBER OF FULL-TIME EQUIVALENT EM- PLOYEES.—The appointment of an Ombudsman under this subsection shall not result in an in- crease in the number of full-time equivalent employees in the Administration. (r) CHIEF OPERATING OFFICER.— (1) IN GENERAL.— (A) APPOINTMENT.—There shall be a Chief Operating Officer for the air traffic control system who is appointed by the Adminis- trator and subject to the authority of the Administrator. (B) QUALIFICATIONS.—The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation. (C) TERM.—The Chief Operating Officer shall be appointed for a term of 5 years. (D) REMOVAL.—The Chief Operating Officer shall serve at the pleasure of the Adminis- trator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system. (E) VACANCY.—Any individual appointed to fill a vacancy in the position of Chief Oper- ating Officer occurring before the expiration Page 35 TITLE 49—TRANSPORTATION § 106 3 So in original. Probably should be ‘‘section 1105 of title 31,’’. of the term for which the individual’s prede- cessor was appointed may be appointed for either the remainder of the term or for a full term. (2) COMPENSATION.— (A) IN GENERAL.—The Chief Operating Offi- cer shall be paid at an annual rate of basic pay to be determined by the Administrator. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be sub- ject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title. (B) BONUS.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set forth in the performance agreement de- scribed in paragraph (3). (3) ANNUAL PERFORMANCE AGREEMENT.—The Administrator and the Chief Operating Officer shall enter into an annual performance agree- ment that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agree- ment shall be subject to review and renegoti- ation on an annual basis and shall include re- sponsibility for— (A) the state of good repair of the air traf- fic control system; (B) the continuous improvement of the safety and efficiency of the air traffic con- trol system; and (C) identifying services and solutions to increase the safety and efficiency of airspace use and to support the safe integration of all airspace users. (4) ANNUAL PERFORMANCE REPORT.—The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation, the Com- mittee on Transportation and Infrastructure of the House of Representatives, and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate an annual management report containing the annual performance agreement required under paragraph (3), an as- sessment of the performance of the Chief Oper- ating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator. (5) RESPONSIBILITIES.—The Administrator may delegate to the Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum the following: (A) STRATEGIC PLANS.—To implement the strategic plan of the Administration for the air traffic control system in order to fur- ther— (i) a mission and objectives; (ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; (iii) annual and long-range strategic plans; (iv) methods of the Administration to accelerate air traffic control moderniza- tion and improvements in aviation safety related to air traffic control; and (v) plans to integrate new entrant oper- ations into the national airspace system and associated action items. (B) OPERATIONS.—To oversee the day-to- day operational functions of the Administra- tion for air traffic control, including— (i) modernization of the air traffic con- trol system; (ii) increasing productivity or imple- menting cost-saving measures; (iii) training and education; and (iv) the management of cost-reimburs- able contracts. (C) BUDGET.—To— (i) develop a budget request of the Ad- ministration related to the air traffic con- trol system; (ii) submit such budget request to the Administrator; and (iii) ensure that the budget request sup- ports the agency’s annual and long-range strategic plans for air traffic control serv- ices. (6) UNFUNDED CAPITAL INVESTMENT NEEDS RE- PORT.— (A) IN GENERAL.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1150 of title 31,3 the Administrator shall submit to the Sec- retary, the Committee on Transportation and Infrastructure of the House of Rep- resentatives, and the Committee on Com- merce, Science, and Transportation of the Senate a report on any unfunded capital in- vestment needs of the air traffic control sys- tem. (B) CONTENTS OF BRIEFING.—In providing the report under subparagraph (A), the Ad- ministrator shall include, for each unfunded capital investment need, the following: (i) A summary description of such un- funded capital investment need. (ii) The objective to be achieved if such unfunded capital investment need is fund- ed in whole or in part. (iii) The additional amount of funds rec- ommended in connection with such objec- tive. (iv) The Budget Line Item Program and Budget Line Item number associated with such unfunded capital investment need, as applicable. (v) Any statutory requirement associ- ated with such unfunded capital invest- ment need, as applicable. (C) PRIORITIZATION OF REQUIREMENTS.—The briefing required under subparagraph (A) shall present unfunded capital investment needs in overall urgency of priority. (D) UNFUNDED CAPITAL INVESTMENT NEED DEFINED.—In this paragraph, the term ‘‘un- funded capital investment need’’ means a program that— Page 36 TITLE 49—TRANSPORTATION § 106 (i) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; (ii) is for infrastructure or a system re- lated to necessary modernization or sustainment of the air traffic control sys- tem; (iii) is listed for any year in the most re- cent National Airspace System Capital In- vestment Plan of the Administration; and (iv) would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if— (I) additional resources had been avail- able for the budget to fund the program, activity, or mission requirement; or (II) the program, activity, or mission requirement has emerged since the budg- et was formulated. (7) AIR TRAFFIC CONTROL SYSTEM DEFINED.— In this section, the term ‘‘air traffic control system’’ has the meaning such term has under section 40102(a). (s) CHIEF TECHNOLOGY OFFICER.— (1) IN GENERAL.— (A) ESTABLISHMENT.—There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system. (B) APPOINTMENT.—The Chief Technology Officer shall be appointed by the Adminis- trator. (C) MINIMUM QUALIFICATIONS.—The Chief Technology Officer shall have— (i) at least 10 years experience in engi- neering management, systems manage- ment, or another relevant technical man- agement field; and (ii) knowledge of or experience in the aviation industry. (2) RESPONSIBILITIES.—The responsibilities of the Chief Technology Officer shall include— (A) ensuring the proper operation, mainte- nance, and cybersecurity of technology sys- tems relating to the air traffic control sys- tem across all offices of the Administration; (B) coordinating the implementation, op- eration, maintenance, and cybersecurity of technology programs relating to the air traf- fic control system with the aerospace indus- try and other Federal agencies; (C) reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration’s budget, cost-accounting system, and benefit- cost analyses with respect to technology programs relating to the air traffic control system; (D) consulting with the Administrator on the Capital Investment Plan of the Adminis- tration prior to its submission to Congress; (E) developing an annual air traffic control system technology operation and mainte- nance plan that is consistent with the an- nual performance targets established under paragraph (4); and (F) ensuring that the air traffic control system architecture remains, to the max- imum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by the Ad- ministration, aircraft operators, or other private providers of information and services related to air traffic management. (3) COMPENSATION.— (A) IN GENERAL.—The Chief Technology Of- ficer shall be paid at an annual rate of basic pay to be determined by the Administrator, in consultation with the Chief Operating Of- ficer. The annual rate may not exceed the annual compensation paid under section 102 of title 3. (B) POST-EMPLOYMENT.—The Chief Tech- nology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of such title. (C) BONUS.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Technology Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Technology Officer’s perform- ance in relation to the performance targets established under paragraph (4). (4) ANNUAL PERFORMANCE TARGETS.— (A) IN GENERAL.—The Administrator and the Chief Operating Officer, in consultation with the Chief Technology Officer, shall es- tablish measurable annual performance tar- gets for the Chief Technology Officer in key operational areas. (B) REPORT.—The Administrator shall transmit to the Committee on Transpor- tation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Senate a report describing the annual per- formance targets established under subpara- graph (A). (5) ANNUAL PERFORMANCE REPORT.—The Chief Technology Officer shall prepare and transmit to the Secretary of Transportation, the Com- mittee on Transportation and Infrastructure of the House of Representatives, and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate an annual report con- taining— (A) detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance tar- gets established under paragraph (4); and (B) other information as may be requested by the Administrator and the Chief Oper- ating Officer. (t) OFFICE OF WHISTLEBLOWER PROTECTION AND AVIATION SAFETY INVESTIGATIONS.— (1) ESTABLISHMENT.—There is established in the Federal Aviation Administration (in this subsection referred to as the ‘‘Agency’’) the Office of Whistleblower Protection and Avia- tion Safety Investigations (in this subsection referred to as the ‘‘Office’’). (2) DIRECTOR.— (A) APPOINTMENT.—The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation. Page 37 TITLE 49—TRANSPORTATION § 106 (B) QUALIFICATIONS.—The Director shall have a demonstrated ability in investiga- tions and knowledge of or experience in aviation. (C) TERM.—The Director shall be appointed for a term of 5 years. (D) VACANCIES.—Any individual appointed to fill a vacancy in the position of the Direc- tor occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the re- mainder of that term. (E) LIMITATION OF DUTIES.— The Director may only perform duties of the Director de- scribed in paragraph (3)(A). (3) COMPLAINTS AND INVESTIGATIONS.— (A) AUTHORITY OF DIRECTOR.—The Director shall— (i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process estab- lished under or pursuant to a safety man- agement system) and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety; (ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law re- lating to aviation safety has occurred; (iii) based on findings of the assessment conducted under clause (ii), make rec- ommendations to the Administrator of the Agency, in writing, regarding further in- vestigation or corrective actions; (iv) receive allegations of whistleblower retaliation by employees of the Agency; (v) coordinate with and provide all nec- essary assistance to the Office of Inves- tigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whis- tleblower retaliation by employees of the Agency; and (vi) investigate allegations of whistle- blower retaliation by employees of the Agency that have been delegated to the Of- fice by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transpor- tation, or the Office of Special Counsel. (B) DISCLOSURE OF IDENTITIES.—The Direc- tor shall not disclose the identity of an indi- vidual who submits a complaint or informa- tion under subparagraph (A)(i) unless— (i) the individual consents to the disclo- sure in writing; or (ii) the Director determines, in the course of an investigation, that the disclo- sure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure. (C) INDEPENDENCE OF DIRECTOR.—The Sec- retary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, car- rying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment. (D) ACCESS TO INFORMATION.—In con- ducting an assessment of a complaint or in- formation submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other mate- rial of the Agency necessary to determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred. (4) RESPONSES TO RECOMMENDATIONS.—Not later than 60 days after the date on which the Administrator receives a report with respect to an investigation, the Administrator shall respond to a recommendation made by the Di- rector under paragraph (3)(A)(iii) in writing and retain records related to any further in- vestigations or corrective actions taken in re- sponse to the recommendation. (5) INCIDENT REPORTS.—If the Director deter- mines there is a substantial likelihood that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred that requires im- mediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation. (6) REPORTING OF CRIMINAL VIOLATIONS TO IN- SPECTOR GENERAL.—If the Director has reason- able grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General. (7) DEPARTMENT OF TRANSPORTATION OFFICE OF THE INSPECTOR GENERAL PEER REVIEW.— (A) IN GENERAL.—Not later than 2 years after the date of enactment of the FAA Re- authorization Act of 2024, and every 5 years thereafter, the inspector general of the De- partment of Transportation shall perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investiga- tions. (B) PEER REVIEW SCOPE.—In completing the peer reviews required under this paragraph, the inspector general shall, to the extent ap- propriate, use the most recent peer review guides published by the Council of the In- spectors General on Integrity and Efficiency Audit Committee and Investigations Com- mittee. (C) REPORTS TO CONGRESS.—Not later than 90 days after the completion of a peer review required under this paragraph, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation Page 38 TITLE 49—TRANSPORTATION § 106 of the Senate a description of any actions taken or to be taken to address the results of the peer review. (8) WHISTLEBLOWER OMBUDSMAN.— (A) IN GENERAL.—Within the Office, there shall be established the position of Whistle- blower Ombudsman. (B) OMBUDSMAN QUALIFICATIONS.—The indi- vidual selected as Ombudsman shall have knowledge of Federal labor law and dem- onstrated government experience in human resource management and conflict resolu- tion. (C) DUTIES.—The Ombudsman shall carry out the following duties: (i) Educate Administration employees about prohibitions against materially ad- verse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions. (ii) Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate. (iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Of- fice of the Chief Counsel, as necessary. (iv) Coordinate with the Office of the In- spector General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary. (v) Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate proc- essing of any protected disclosure or alle- gation of materially adverse acts of retal- iation. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, § 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, § 9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, § 101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, § 104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§ 4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, § 103, title II, § 201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, § 103(a), title II, §§ 223(a), 224–230, 276(c), title XII, § 1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, § 5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, § 3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, § 4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 103(a), title III, §§ 302(a)–(c), 303, 305, 306, 307(c)(1), title VII, § 701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, § 8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, § 101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, § 103(a),(b), title II, §§ 201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L. 110–330, § 6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, § 6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, § 206, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, § 6, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 103, title II, §§ 203, 204, title III, §§ 306(b), 341, Feb. 14, 2012, 126 Stat. 16, 37, 61, 78; Pub. L. 112–166, § 2(k)(2), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 113–188, title XV, § 1501(a), Nov. 26, 2014, 128 Stat. 2023; Pub. L. 114–55, title I, § 103, Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 103, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1103, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, § 103, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 103, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, § 113, title V, §§ 545(a), 564, div. K, title I, § 1991(a), Oct. 5, 2018, 132 Stat. 3200, 3374, 3385, 3626; Pub. L. 116–260, div. V, title I, §§ 114, 133(a), (b), Dec. 27, 2020, 134 Stat. 2333, 2353, 2355; Pub. L. 117–286, § 4(a)(302), (c)(46), Dec. 27, 2022, 136 Stat. 4339, 4359; Pub. L. 117–328, div. Q, § 104, Dec. 29, 2022, 136 Stat. 5253; Pub. L. 118–15, div. B, title II, § 2203, Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, § 103, Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, § 103, Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title I, § 103, title II, §§ 201, 202(a), 203–204(b), 206(g), 210–214, 216, May 16, 2024, 138 Stat. 1034–1041, 1045, 1049–1054.) HISTORICAL AND REVISION NOTES PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 106(a) ......... 49:1341(a) (1st sen- tence). Aug. 23, 1958, Pub. L. 85–726, §§ 301(a), (b), 302(a), (b), 72 Stat. 744; Aug. 14, 1964, Pub. L. 88–426, § 305(16) (B), (C), 78 Stat. 424. 49:1652(e)(1) (related to FAA). Oct. 15, 1966, Pub. L. 89–670, § 3(e) (related to FAA), 80 Stat. 932. 106(b) ......... 49:1341(a) (2d sen- tence), (b) (1st sentence less 1st–10th words). 49:1342(a) (1st sen- tence), (b) (1st sentence less 1st–11th words). 49:1652(e) (related to FAA) (1) (less 1st sentence), (3) (last sentence). 106(c) ......... 49:1341(b) (1st sen- tence 1st–10th words, 2d sen- tence). 49:1652(e)(2) (related to Adminis- trator). 106(d) ......... 49:1342(b) (1st sen- tence 1st–11th words, 2d sen- tence, 4th–6th sentences). 49:1652(e)(2) (1st sen- tence less Admin- istrator). 49:1343(a)(2) (related to Deputy Admin- istrator). Aug. 23, 1958, Pub. L. 85–726, § 302(c)(2) (related to Dep- uty Administrator), 72 Stat. 745. 106(e) ......... 49:1341(b) (less 1st, 2d sentences). 49:1342(b) (3d sen- tence). 106(f) .......... 49:1341(a) (less 1st, 2d sentences). 106(g) ......... 49:1652(e)(3) (related to FAA) (less last sentence). 49:1655(c)(1) (1st sen- tence proviso). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1) (1st sentence pro- viso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. 93–633, § 113(d), 88 Stat. 2163. Page 39 TITLE 49—TRANSPORTATION § 106 HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 106(h) ......... 49:1652(e)(4) (related to FAA). 49:1655(c)(1) (2d, last sentences). 106(i) .......... 49:1342(a) (2d, last sentences). In subsections (a) and (b), the source provisions are combined for clarity. In subsection (a), the words ‘‘referred to in this chap- ter as the ‘Administration’ ’’ are omitted because of the style of the revised title. In subsection (b), the word ‘‘due’’ in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words ‘‘the duties and powers’’ are substituted for ‘‘the powers and duties vested in and imposed upon him by this chapter’’ to eliminate surplus words and for con- sistency. The word ‘‘consider’’ is substituted for ‘‘with . . . regard to’’ for clarity. In subsections (c) and (d), the words ‘‘At the time of his nomination’’ are omitted as unnecessary and for consistency. In subsection (c), the text of 49:1652(e)(2) (last sen- tence) is omitted as executed. In subsection (d)(1), the words ‘‘Nothing in this chap- ter or other law shall preclude’’ in 49:1342(b) (4th sen- tence) are omitted as unnecessary because of the posi- tive statement of authority. The words ‘‘armed force’’ are substituted for ‘‘armed services’’ to conform to title 10. The words ‘‘to the position of’’ are omitted as surplus. In subsection (d)(2), the word ‘‘continue’’ is omitted as surplus. The words ‘‘pay provided by law for the Dep- uty Administrator’’ are substituted for ‘‘compensation provided for the Deputy Administrator’’ in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words ‘‘(including personal money allow- ance)’’ are omitted as being within the meaning of ‘‘al- lowance’’ in title 37. The words ‘‘as the case may be’’ are omitted as surplus. The words ‘‘of the military grade held’’ are substituted for ‘‘military . . . payable to a commissioned officer of his grade and length of service’’ to eliminate unnecessary words. The words ‘‘Administration’’ and ‘‘military’’ are added for clarity. The words ‘‘to defray’’ are omitted as surplus. In subsection (d)(3), the words ‘‘acceptance of, and’’ are omitted as unnecessary. The word ‘‘held’’ is sub- stituted for ‘‘may occupy or hold’’ to eliminate unnec- essary words. The words ‘‘right or benefit’’ are sub- stituted for ‘‘emolument, perquisite, right, privilege, or benefit’’ to eliminate unnecessary words. The words ‘‘incident to or’’ before ‘‘arising’’ are omitted as sur- plus. In subsection (f), the word ‘‘Secretary’’ is substituted for ‘‘Administrator’’ because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words ‘‘In the exercise of his duties and the discharge of his responsibilities under this chapter’’ are omitted as surplus. In subsection (g), the words ‘‘are hereby transferred to’’ in 49:1655(c)(1) are omitted as executed. The words ‘‘carry out’’ are substituted for ‘‘it shall be his duty to exercise’’ in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words ‘‘In addition to such functions, powers, and duties as are specified in this chapter’’ in 49:1652(e)(3) are omitted as unnecessary because of the restatement. In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word ‘‘law’’ is substituted for ‘‘statute’’ in 49:1652(e)(4) for consistency. The words ‘‘carrying out’’ in 49:1655(c)(1) (last sentence) are substituted for ‘‘the exercise of’’ for consistency. The words after ‘‘adminis- tratively final’’ are omitted as unnecessary because of the restatement of the revised title and those laws giv- ing a right of appeal. In subsection (i), the words ‘‘and exercise the powers of’’ are omitted as surplus. The words ‘‘when the office of the Administrator is vacant’’ are inserted to con- form to section 102 of the revised title. PUB. L. 103–272 Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2417). The others are from laws enacted after October 15, 1966, in which the duties and powers are to be carried out by the Administrator rather than the Secretary. Editorial Notes REFERENCES IN TEXT The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f)(2)(A)(iv), 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 2024, referred to in subsecs. (f)(4)(B)(i)(I), (ii)(I), (C)(i) and (t)(7)(A), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024. Section 5.13 of title 49, Code of Federal Regulations, referred to in subsec. (f)(4)(C)(i), (iii)(IV), related in subsection (d) to review of existing Department of Transportation regulations and was omitted in the gen- eral revision of part 5 of title 49, Code of Federal Regu- lations, effective May 3, 2021. See 86 F.R. 17294. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63, § 201(1), inserted heading. Subsec. (b). Pub. L. 118–63, § 201(2), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator re- ports directly to the Secretary of Transportation. The term of office for any individual appointed as Adminis- trator after August 23, 1994, shall be 5 years.’’ Subsecs. (c), (d). Pub. L. 118–63, § 202(a), added subsec. (c) and reserved subsec. (d) and struck out former sub- secs. (c) and (d) which related to qualifications of the Administrator and the office of Deputy Administrator, respectively. Subsec. (e). Pub. L. 118–63, § 203, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘The Administrator and the Deputy Adminis- trator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or en- gage in another business, vocation, or employment.’’ Subsec. (f)(1). Pub. L. 118–63, § 204(a)(1), substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’, ‘‘In exer- cising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither’’ for ‘‘Neither’’, and ‘‘a committee, board, coun- cil, or organization that is—’’ and subpars. (A) and (B) for ‘‘a committee, board, or organization established by executive order.’’ Subsec. (f)(2)(A)(ii). Pub. L. 118–63, § 204(a)(2)(A), sub- stituted ‘‘the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, includ- ing all elements of the air traffic control system owned by the Administration;’’ for ‘‘the acquisition and main- tenance of property, services, and equipment of the Ad- ministration;’’. Page 40 TITLE 49—TRANSPORTATION § 106 Subsec. (f)(2)(A)(iii). Pub. L. 118–63, § 204(a)(2)(B), sub- stituted ‘‘paragraph (4)’’ for ‘‘paragraph (3)’’. Subsec. (f)(2)(B). Pub. L. 118–63, § 204(a)(2)(C), inserted ‘‘civil aviation, any matter for which the Adminis- trator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or’’ after ‘‘with respect to’’. Subsec. (f)(3). Pub. L. 118–63, § 204(a)(5), added par. (3). Former par. (3) redesignated (4). Subsec. (f)(3)(A). Pub. L. 118–63, § 204(a)(3)(A), inserted cl. (i) designation and heading before ‘‘In the perform- ance’’, cl. (ii) designation and heading before ‘‘The Ad- ministrator shall act’’, cl. (iii) designation and heading before ‘‘The Administrator shall issue’’, and cl. (iv) des- ignation and heading before ‘‘On February 1’’. Subsec. (f)(3)(B), (C). Pub. L. 118–63, § 204(a)(3)(B), added subpars. (B) and (C) and struck out former sub- pars. (B) and (C) which related to approval of Secretary of Transportation of certain regulations and periodic review of certain regulations, respectively. Subsec. (f)(4), (5). Pub. L. 118–63, § 204(a)(4), redesig- nated pars. (3) and (4) as (4) and (5), respectively. Subsec. (g). Pub. L. 118–63, § 204(b), added reserved subsec. (g) and struck out former subsec. (g) which re- lated to duties and powers of Administrator. Subsec. (h). Pub. L. 118–63, § 206(g), added subsec. (h) and struck out former subsec. (h) which read as follows: ‘‘Section 40101(d) of this title applies to duties and pow- ers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chap- ter 9 of title 5. A decision of the Administrator in car- rying out those duties or powers is administratively final.’’ Subsec. (j). Pub. L. 118–63, § 210, inserted heading. Subsec. (k)(1)(A) to (F). Pub. L. 118–63, § 103(a), added subpars. (A) to (E) and struck out former subpars. (A) to (F) which appropriated amounts for salaries, oper- ations, and maintenance for fiscal years 2018 to 2023. Subsec. (k)(1)(G). Pub. L. 118–63, § 103(a), struck out subpar. (G) which read as follows: ‘‘$7,259,685,792 for the period beginning on October 1, 2023, and ending on May 10, 2024.’’ Pub. L. 118–41, § 103(1), added subpar. (G) and struck out former subpar. (G) which read as follows: ‘‘$5,208,743,169 for the period beginning on October 1, 2023, and ending on March 8, 2024.’’ Subsec. (k)(2)(D)(i) to (vi). Pub. L. 118–63, § 103(b), added cls. (ii) to (vi), redesignated former cl. (vi) as (i), and struck out former cls. (i) to (v) which authorized expenditure amounts for commercial space transpor- tation activities for fiscal years 2018 to 2022. Subsec. (k)(3). Pub. L. 118–63, § 103(c), designated ex- isting provisions as subpar. (A) and inserted heading, substituted ‘‘in each of fiscal years 2024 through 2028’’ for ‘‘in each of fiscal years 2018 through 2023 and for the period beginning on October 1, 2023, and ending on May 10, 2024’’, and added subpars. (B) and (C). Pub. L. 118–41, § 103(2), substituted ‘‘May 10, 2024’’ for ‘‘March 8, 2024’’. Subsec. (p). Pub. L. 118–63, § 211(2), added subsec. (p) and struck out former subsec. (p) which established the Federal Aviation Management Advisory Council and the Air Traffic Services Committee. Subsec. (p)(8). Pub. L. 118–63, § 211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r). Subsec. (r)(1)(A). Pub. L. 118–63, § 212(1)(A), added sub- par. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘There shall be a Chief Operating Officer for the air traffic control sys- tem to be appointed by the Administrator, with the ap- proval of the Air Traffic Services Committee. The Chief Operating Officer shall report directly to the Adminis- trator and shall be subject to the authority of the Ad- ministrator.’’ Subsec. (r)(1)(E). Pub. L. 118–63, § 212(1)(B), sub- stituted ‘‘may be appointed for either the remainder of the term or for a full term’’ for ‘‘shall be appointed for the remainder of that term’’. Subsec. (r)(2)(A). Pub. L. 118–63, § 212(2), struck out ‘‘, with the approval of the Air Traffic Services Com- mittee’’ after ‘‘Administrator’’. Subsec. (r)(3). Pub. L. 118–63, § 212(3), struck out ‘‘, in consultation with the Air Traffic Services Committee,’’ before ‘‘shall enter’’ and substituted ‘‘annual basis and shall include responsibility for—’’ and subpars. (A) to (C) for ‘‘annual basis.’’ Subsec. (r)(4). Pub. L. 118–63, § 212(4), substituted ‘‘the annual performance agreement required under para- graph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator’’ for ‘‘such information as may be prescribed by the Secretary’’. Subsec. (r)(5). Pub. L. 118–63, § 212(5)(A), substituted ‘‘Chief Operating Officer any authority of the Adminis- trator and shall delegate, at a minimum’’ for ‘‘Chief Operating Officer, or any other authority within the Administration responsibilities, including’’ in intro- ductory provisions. Subsec. (r)(5)(A)(v). Pub. L. 118–63, § 212(5)(B), added cl. (v). Subsec. (r)(5)(C)(ii). Pub. L. 118–63, § 212(5)(C), struck out ‘‘and the Committee’’ after ‘‘Administrator’’. Subsec. (r)(6). Pub. L. 118–63, § 213, which directed the addition of par. (6) at end of subsec. (r), was executed by adding par. (6) after par. (5) to reflect the probable intent of Congress and the intervening redesignation of par. (8) of subsec. (p) as par. (7) of subsec. (r). See below. Subsec. (r)(7). Pub. L. 118–63, § 211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r). Subsec. (s)(1)(A). Pub. L. 118–63, § 214(1)(E), added sub- par. (A). Former subpar. (A) redesignated (B). Pub. L. 118–63, § 214(1)(A), substituted ‘‘The Chief Technology Officer shall be appointed by the Adminis- trator.’’ for ‘‘There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer.’’ Subsec. (s)(1)(B). Pub. L. 118–63, § 214(1)(D), redesig- nated subpar. (A) as (B). Former subpar. (B) redesig- nated (C). Subsec. (s)(1)(B)(i). Pub. L. 118–63, § 214(1)(B), which directed amendment of subpar. (B) by substituting ‘‘management, systems management,’’ for ‘‘manage- ment’’, was executed in cl. (i) by making the substi- tution for ‘‘management’’ the first place appearing, to reflect the probable intent of Congress. Subsec. (s)(1)(C), (D). Pub. L. 118–63, § 214(1)(C), (D), re- designated subpar. (B) as (C) and struck out former sub- pars. (C) and (D) which read as follows: ‘‘(C) REMOVAL.—The Chief Technology Officer shall serve at the pleasure of the Administrator. ‘‘(D) RESTRICTION.—The Chief Technology Officer may not also be the Deputy Administrator.’’ Subsec. (s)(2)(A). Pub. L. 118–63, § 214(2)(A), struck out ‘‘program’’ before ‘‘offices’’. Subsec. (s)(2)(F). Pub. L. 118–63, § 214(2)(B), sub- stituted ‘‘the Administration, aircraft operators, or other private providers of information and services re- lated to air traffic management’’ for ‘‘aircraft opera- tors’’. Subsec. (s)(3)(A). Pub. L. 118–63, § 214(3)(A), struck out at end ‘‘The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title.’’ Subsec. (s)(3)(B), (C). Pub. L. 118–63, § 214(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (t)(7). Pub. L. 118–63, § 216(1), (2), added par. (7) and struck out former par. (7) which related to annual reports to Congress by Director of the Office of Whistle- blower Protection and Aviation Safety Investigations. Subsec. (t)(8)(B). Pub. L. 118–63, § 216(3), struck out comma after ‘‘management’’. 2023—Subsec. (k)(1)(G). Pub. L. 118–34, § 103(1), added subpar. (G) and struck out former subpar. (G) which Page 41 TITLE 49—TRANSPORTATION § 106 read as follows: ‘‘$2,995,027,322 for the period beginning on October 1, 2023, and ending on December 31, 2023.’’ Pub. L. 118–15, § 2203(1), added subpar. (G). Subsec. (k)(3). Pub. L. 118–34, § 103(2), substituted ‘‘March 8, 2024’’ for ‘‘December 31, 2023’’. Pub. L. 118–15, § 2203(2), inserted ‘‘and for the period beginning on October 1, 2023, and ending on December 31, 2023’’ after ‘‘fiscal years 2018 through 2023’’. 2022—Subsec. (d)(1). Pub. L. 117–328 struck out ‘‘, a re- tired regular officer of an armed force, or a former reg- ular officer of an armed force’’ after ‘‘active duty in an armed force’’. Subsec. (p)(5). Pub. L. 117–286, § 4(a)(302), substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Com- mittee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. Subsec. (p)(6)(I)(i). Pub. L. 117–286, § 4(c)(46), sub- stituted ‘‘section 13103(f) of title 5 for purposes of sub- chapter I of chapter 131 of such title; except that sec- tion 13103(d) of such title’’ for ‘‘section 101(f) of the Eth- ics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act’’. 2020—Subsec. (l)(7). Pub. L. 116–260, § 114, added par. (7). Subsec. (t). Pub. L. 116–260, § 133(a)(1)(B), substituted ‘‘Office of Whistleblower Protection and Aviation Safe- ty Investigations’’ for ‘‘Aviation Safety Whistleblower Investigation Office’’ in heading. Subsec. (t)(1). Pub. L. 116–260, § 133(a)(1)(A), sub- stituted ‘‘the Office of Whistleblower Protection and Aviation Safety Investigations’’ for ‘‘an Aviation Safe- ty Whistleblower Investigation Office’’. Subsec. (t)(2)(E). Pub. L. 116–260, § 133(a)(2)(B), added subpar. (E). Subsec. (t)(3)(A)(i). Pub. L. 116–260, § 133(a)(2)(A)(i), substituted ‘‘(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system)’’ for ‘‘(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process)’’. Subsec. (t)(3)(A)(iv) to (vi). Pub. L. 116–260, § 133(a)(2)(A)(ii)–(iv), added cls. (iv) to (vi). Subsec. (t)(7). Pub. L. 116–260, § 133(a)(2)(C)(i), sub- stituted ‘‘November 15’’ for ‘‘October 1’’ in introductory provisions. Subsec. (t)(7)(A). Pub. L. 116–260, § 133(a)(2)(C)(ii), sub- stituted ‘‘paragraph (3)(A)(i) in the preceding fiscal year’’ for ‘‘paragraph (3)(A)(i) in the preceding 12- month period’’. Subsec. (t)(7)(C). Pub. L. 116–260, § 133(a)(3)(A), in- serted ‘‘the resolution of those submissions, including any’’ before ‘‘further’’ and struck out ‘‘and’’ at end. Subsec. (t)(7)(E). Pub. L. 116–260, § 133(a)(3)(B), (C), added subpar. (E). Subsec. (t)(8). Pub. L. 116–260, § 133(b), added par. (8). 2018—Subsec. (g). Pub. L. 115–254, § 1991(a), amended subsec. (g) generally. Prior to amendment, text read as follows: ‘‘(1) Except as provided in paragraph (2) of this sub- section, the Administrator shall carry out— ‘‘(A) duties and powers of the Secretary of Trans- portation under subsection (f) of this section related to aviation safety (except those related to transpor- tation, packaging, marking, or description of haz- ardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504(b) (related to flight procedures), 47508(a), and 48107 of this title; and ‘‘(B) additional duties and powers prescribed by the Secretary of Transportation. ‘‘(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Direc- tor of Intelligence and Security by section 44931 of this title.’’ Subsec. (k)(1)(A)–(E). Pub. L. 115–254, § 113(a), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows: ‘‘(A) $9,653,000,000 for fiscal year 2012; ‘‘(B) $9,539,000,000 for fiscal year 2013; ‘‘(C) $9,596,000,000 for fiscal year 2014; ‘‘(D) $9,653,000,000 for fiscal year 2015; ‘‘(E) $9,909,724,000 for each of fiscal years 2016 and 2017; and’’. Subsec. (k)(1)(F). Pub. L. 115–254, § 113(a), added sub- par. (F) and struck out former subpar. (F) which read as follows: ‘‘$10,025,852,000 for fiscal year 2018.’’ Pub. L. 115–141, § 103(1), added subpar. (F) and struck out former subpar. (F) which read as follows: ‘‘$4,999,191,956 for the period beginning on October 1, 2017, and ending on March 31, 2018.’’ Subsec. (k)(2)(D). Pub. L. 115–254, § 113(b), added sub- par. (D). Subsec. (k)(3). Pub. L. 115–254, § 113(c), substituted ‘‘fiscal years 2018 through 2023,’’ for ‘‘fiscal years 2012 through 2018,’’. Pub. L. 115–141, § 103(2), substituted ‘‘2018’’ for ‘‘2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018’’. Subsec. (p)(5). Pub. L. 115–254, § 564, substituted ‘‘Com- mittee,’’ for ‘‘Committee, or’’ and ‘‘, or such aerospace rulemaking committees as the Secretary shall des- ignate.’’ for period at end. Subsec. (s). Pub. L. 115–254, § 545(a), amended subsec. (s) generally. Prior to amendment, subsec. (s) related to Chief NextGen Officer. 2017—Subsec. (k)(1)(F). Pub. L. 115–63, § 103(1), added subpar. (F). Subsec. (k)(3). Pub. L. 115–63, § 103(2), inserted ‘‘and for the period beginning on October 1, 2017, and ending on March 31, 2018’’ after ‘‘fiscal years 2012 through 2017’’. 2016—Subsec. (k)(1)(E). Pub. L. 114–190, § 1103(1), added subpar. (E) and struck out former subpar. (E) which read as follows: ‘‘$7,711,387,500 for the period beginning on October 1, 2015, and ending on July 15, 2016.’’ Pub. L. 114–141, § 103(1), amended subpar. (E) gen- erally. Prior to amendment, subpar. (E) read as follows: ‘‘$4,870,350,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.’’ Subsec. (k)(3). Pub. L. 114–190, § 1103(2), substituted ‘‘fiscal years 2012 through 2017,’’ for ‘‘fiscal years 2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016,’’. Pub. L. 114–141, § 103(2), substituted ‘‘July 15, 2016’’ for ‘‘March 31, 2016’’. 2015—Subsec. (k)(1)(E). Pub. L. 114–55, § 103(1), added subpar. (E). Subsec. (k)(3). Pub. L. 114–55, § 103(2), inserted ‘‘and for the period beginning on October 1, 2015, and ending on March 31, 2016’’ after ‘‘fiscal years 2012 through 2015’’. 2014—Subsec. (p)(7)(H), (I). Pub. L. 113–188 redesig- nated subpar. (I) as (H) and struck out former subsec. (H) which related to reports and other actions by the Air Traffic Services Committee, Administrator, and Comptroller General. 2012—Subsec. (b). Pub. L. 112–166, § 2(k)(2)(A), sub- stituted ‘‘, who shall be appointed’’ for ‘‘. The Admin- istration has a Deputy Administrator. They are ap- pointed’’. Subsec. (d)(1). Pub. L. 112–166, § 2(k)(2)(B), substituted ‘‘The Administration has a Deputy Administrator, who shall be appointed by the President. In making an ap- pointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall’’ for ‘‘The Deputy Administrator must’’. Page 42 TITLE 49—TRANSPORTATION § 106 Subsec. (k)(1). Pub. L. 112–95, § 103(a), added subpars. (A) to (D) and struck out former subpars. (A) to (H) which authorized appropriations for fiscal years 2004 through 2011 and for the period beginning Oct. 1, 2011, and ending Feb. 17, 2012. Subsec. (k)(1)(H). Pub. L. 112–91 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as fol- lows: ‘‘$3,197,315,080 for the period beginning on October 1, 2011, and ending on January 31, 2012.’’ Subsec. (k)(2). Pub. L. 112–95, § 103(b), redesignated subpars. (E) to (G) as (A) to (C), respectively, sub- stituted ‘‘2012 through 2015’’ for ‘‘2004 through 2007’’ in subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows: ‘‘(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems de- velopment for both general aviation and the vertical flight industry. ‘‘(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach pro- cedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients. ‘‘(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facili- tate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by sepa- rating such aircraft from congested flight paths of fixed-wing aircraft. ‘‘(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Devel- opment of the Federal Aviation Administration to op- erate training courses and to support associated stu- dent travel for both residential and field courses.’’ Subsec. (k)(2)(C). Pub. L. 112–95, § 306(b), inserted ‘‘and the development and maintenance of helicopter ap- proach procedures’’ before period at end. Subsec. (k)(3). Pub. L. 112–95, § 103(c), added par. (3). Subsec. (m). Pub. L. 112–95, § 203, in last sentence, in- serted ‘‘with or’’ after ‘‘from the Administration,’’. Subsec. (s). Pub. L. 112–95, § 204, added subsec. (s). Subsec. (t). Pub. L. 112–95, § 341, added subsec. (t). 2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added sub- pars. (G) and (H). 2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended sub- par. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘$7,813,037,096 for the period beginning on October 1, 2009, and ending on August 1, 2010.’’ Pub. L. 111–197 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘$7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.’’ Pub. L. 111–161 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘$5,454,183,000 for the 7-month period beginning on Oc- tober 1, 2009.’’ Pub. L. 111–153 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘$4,676,574,750 for the 6-month period beginning on Oc- tober 1, 2009.’’ 2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted ‘‘$9,042,467,000 for fiscal year 2009’’ for ‘‘$4,516,364,500 for the 6-month period beginning on October 1, 2008’’. Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as fol- lows: ‘‘$2,338,287,375 for the 3-month period beginning on October 1, 2009.’’ Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F). 2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar. (E). 2003—Subsec. (d)(2) to (4). Pub. L. 108–176, § 204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (f)(2)(A)(ii). Pub. L. 108–176, § 224(c), inserted ‘‘, services,’’ after ‘‘property’’. Subsec. (k)(1). Pub. L. 108–176, § 103(a), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to the Secretary of Transportation for oper- ations of the Administration— ‘‘(A) such sums as may be necessary for fiscal year 2000; ‘‘(B) $6,592,235,000 for fiscal year 2001; ‘‘(C) $6,886,000,000 for fiscal year 2002; and ‘‘(D) $7,357,000,000 for fiscal year 2003. Such sums shall remain available until expended.’’ Subsec. (k)(2). Pub. L. 108–176, § 103(b), redesignated subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. (A) to (C), substituted ‘‘fiscal years 2004 through 2007’’ for ‘‘fiscal years 2000 through 2003’’, added subpars. (D) to (G), struck out former subpars. (A) and (B), which related to expenditures for wildlife measures and a university consortium for an air safety and security management certificate program, and struck out former subpars. (F) to (I), which related to expenditures for the 1998 airport surface operations safety action plan, United States membership obliga- tions in the International Civil Aviation Organization, additional inspectors to enhance air cargo security pro- grams, and improved training programs for airport se- curity screening personnel. Subsec. (p). Pub. L. 108–176, § 201(1), inserted ‘‘and Air Traffic Services Board’’ after ‘‘Council’’ in heading. Subsec. (p)(2). Pub. L. 108–176, § 201(2)(A), substituted ‘‘consist of 13 members, who’’ for ‘‘consist of 18 mem- bers, who’’ in introductory provisions. Subsec. (p)(2)(C)(i). Pub. L. 108–176, § 201(2)(B), in- serted ‘‘, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Trans- portation’’ after ‘‘Senate’’. Subsec. (p)(2)(C)(ii). Pub. L. 108–176, § 201(2)(C)(ii), sub- stituted ‘‘; and’’ for semicolon at end. Subsec. (p)(2)(D). Pub. L. 108–176, § 201(2)(D), sub- stituted ‘‘employees, by the Secretary of Transpor- tation.’’ for ‘‘employees, by— ‘‘(i) in the case of initial appointments to the Coun- cil, the President by and with the advice and consent of the Senate; and ‘‘(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and’’. Subsec. (p)(2)(E). Pub. L. 108–176, § 201(2)(D), struck out subpar. (E) which read as follows: ‘‘5 members ap- pointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Senate.’’ Subsec. (p)(3). Pub. L. 108–176, § 202(1), added par. (3) and struck out former par. (3) which related to quali- fications for serving on the Council. Subsec. (p)(4)(C). Pub. L. 108–176, § 202(2), inserted ‘‘or Air Traffic Services Committee’’ after ‘‘Council’’ in two places. Subsec. (p)(5). Pub. L. 108–176, § 202(3), inserted ‘‘, the Air Traffic Services Committee,’’ after ‘‘Council’’. Subsec. (p)(6)(C). Pub. L. 108–176, § 202(4), in heading substituted ‘‘committee’’ for ‘‘subcommittee’’ and in text substituted ‘‘members appointed’’ for ‘‘member ap- pointed’’, ‘‘to the Air Traffic Services Committee shall’’ for ‘‘under paragraph (2)(E) shall’’, and ‘‘the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100— Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).’’ for ‘‘of the members first ap- pointed under paragraph (2)(E)— ‘‘(i) 2 members shall be appointed for a term of 3 years; ‘‘(ii) 2 members shall be appointed for a term of 4 years; and ‘‘(iii) 1 member shall be appointed for a term of 5 years.’’ Subsec. (p)(6)(D). Pub. L. 108–176, § 202(5), substituted ‘‘to the Committee’’ for ‘‘under paragraph (2)(E)’’. Subsec. (p)(6)(E). Pub. L. 108–176, § 202(6), inserted ‘‘or Committee’’ after ‘‘Council’’. Subsec. (p)(6)(F). Pub. L. 108–176, § 202(7), inserted ‘‘of the Council or Committee’’ after ‘‘member’’. Subsec. (p)(6)(G). Pub. L. 108–176, § 202(8), in second sentence substituted ‘‘Committee’’ for ‘‘Council’’ and Page 43 TITLE 49—TRANSPORTATION § 106 struck out ‘‘appointed under paragraph (2)(E)’’ before ‘‘may be removed’’. Subsec. (p)(6)(H). Pub. L. 108–176, § 202(9)(A), sub- stituted ‘‘committee’’ for ‘‘subcommittee’’ in heading. Subsec. (p)(6)(H)(i). Pub. L. 108–176, § 202(9)(B), (C), substituted ‘‘to the Committee’’ for ‘‘under paragraph (2)(E)’’ and ‘‘of the Committee’’ for ‘‘of the Air Traffic Services Subcommittee’’. Subsec. (p)(6)(I)(i). Pub. L. 108–176, § 202(10), sub- stituted ‘‘is serving as’’ for ‘‘appointed under paragraph (2)(E) is’’ and ‘‘Committee’’ for ‘‘Subcommittee’’. Subsec. (p)(6)(I)(ii). Pub. L. 108–176, § 202(11), sub- stituted ‘‘who is a member of the Committee’’ for ‘‘ap- pointed under paragraph (2)(E)’’ and ‘‘Committee;’’ for ‘‘Subcommittee;’’. Subsec. (p)(6)(K). Pub. L. 108–176, § 202(12), inserted ‘‘or Committee’’ after ‘‘Council’’. Subsec. (p)(6)(L). Pub. L. 108–176, § 202(13), inserted ‘‘or Committee’’ after ‘‘Council’’ in two places. Subsec. (p)(7). Pub. L. 108–176, § 202(14)(A), substituted ‘‘committee’’ for ‘‘subcommittee’’ in heading. Subsec. (p)(7)(A). Pub. L. 108–176, § 202(14)(B), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: ‘‘The Management Advisory Council shall have an air traffic services sub- committee (in this paragraph referred to as the ‘Sub- committee’) composed of the five members appointed under paragraph (2)(E).’’ Subsec. (p)(7)(B), (C). Pub. L. 108–176, § 202(14)(D), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively. Subsec. (p)(7)(D). Pub. L. 108–176, § 202(14)(E), sub- stituted ‘‘Committee’’ for ‘‘Subcommittee’’ in two places. Pub. L. 108–176, § 202(14)(C), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F). Subsec. (p)(7)(E). Pub. L. 108–176, § 202(14)(I), struck out concluding provisions which read as follows: ‘‘The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President’s annual budget request for the Federal Avia- tion Administration for such fiscal year.’’ Pub. L. 108–176, § 202(14)(E), substituted ‘‘Committee’’ for ‘‘Subcommittee’’ in introductory provisions. Pub. L. 108–176, § 202(14)(C), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G). Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, § 202(14)(F), sub- stituted ‘‘make recommendations on’’ for ‘‘approve’’. Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, § 202(14)(G), substituted ‘‘recommendations’’ for ‘‘request’’. Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, § 202(14)(H), substituted ‘‘base such budget recommendations on’’ for ‘‘ensure that the budget request supports’’. Subsec. (p)(7)(F). Pub. L. 108–176, § 202(14)(J), added subpar. (F) and struck out heading and text of former subpar. (F). Text read as follows: ‘‘(i) COMPENSATION OF MEMBERS.—Each member of the Subcommittee shall be compensated at a rate of $25,000 per year. ‘‘(ii) COMPENSATION OF CHAIRPERSON.—Notwith- standing clause (i), the chairperson of the Sub- committee shall be compensated at a rate of $40,000 per year. ‘‘(iii) STAFF.—The chairperson of the Subcommittee may appoint and terminate any personnel that may be necessary to enable the Subcommittee to perform its duties. ‘‘(iv) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairperson of the Subcommittee may procure temporary and intermittent services under sec- tion 3109(b) of title 5, United States Code.’’ Pub. L. 108–176, § 202(14)(C), redesignated subpar (D) as (F). Former subpar. (F) redesignated (H). Subsec. (p)(7)(G). Pub. L. 108–176, § 202(14)(K), sub- stituted ‘‘Committee’’ for ‘‘Subcommittee’’ wherever appearing, redesignated cls. (ii) to (iv) as (i) to (iii), re- spectively, and struck out former cl. (i) which read as follows: ‘‘TERM OF CHAIR.—The members of the Sub- committee shall elect for a 2-year term a chairperson from among the members of the Subcommittee.’’ Pub. L. 108–176, § 202(14)(C), redesignated subpar. (E) as (G). Subsec. (p)(7)(H). Pub. L. 108–176, § 202(14)(C), redesig- nated subpar. (F) as (H). Subsec. (p)(7)(H)(i). Pub. L. 108–176, § 202(14)(L)(i), (ii), substituted ‘‘Committee shall’’ for ‘‘Subcommittee shall’’ and ‘‘Secretary’’ for ‘‘Administrator, the Coun- cil’’. Subsec. (p)(7)(H)(ii). Pub. L. 108–176, § 202(14)(L), sub- stituted ‘‘Committee under’’ for ‘‘Subcommittee under’’, ‘‘subparagraph (D)(i)’’ for ‘‘subparagraph (B)(i)’’, ‘‘Committee shall’’ for ‘‘Subcommittee shall’’, and ‘‘Secretary’’ for ‘‘Administrator, the Council’’. Subsec. (p)(7)(H)(iii), (iv). Pub. L. 108–176, § 202(14)(L)(i), in cl. (iii) substituted ‘‘Committee under’’ for ‘‘Subcommittee under’’ and ‘‘Committee, the’’ for ‘‘Subcommittee, the’’ and in cl. (iv) substituted ‘‘Com- mittee in’’ for ‘‘Subcommittee in’’. Subsec. (p)(7)(I). Pub. L. 108–176, § 202(14)(M), added subpar. (I). Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, § 203(1), sub- stituted ‘‘Air Traffic Services Committee’’ for ‘‘Air Traffic Services Subcommittee of the Aviation Man- agement Advisory Council’’. Subsec. (r)(2)(B). Pub. L. 108–176, § 203(2), inserted ‘‘in’’ before ‘‘paragraph (3)’’. Subsec. (r)(3). Pub. L. 108–176, § 203(3), substituted ‘‘Air Traffic Services Committee’’ for ‘‘Air Traffic Con- trol Subcommittee of the Aviation Management Advi- sory Committee’’. Subsec. (r)(4). Pub. L. 108–176, § 203(4), substituted ‘‘Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transpor- tation of the Senate’’ for ‘‘Transportation and Con- gress’’. Subsec. (r)(5)(A). Pub. L. 108–176, § 203(5), in introduc- tory provisions substituted ‘‘implement the’’ for ‘‘de- velop a’’ and ‘‘in order to further’’ for ‘‘, including the establishment of’’. Subsec. (r)(5)(B). Pub. L. 108–176, § 203(6)(A), sub- stituted ‘‘oversee the day-to-day operational functions of the Administration for air traffic control,’’ for ‘‘re- view the operational functions of the Administration,’’ in introductory provisions. Subsec. (r)(5)(B)(iv). Pub. L. 108–176, § 203(6)(B)–(D), added cl. (iv). Subsec. (r)(5)(C)(i). Pub. L. 108–176, § 203(7), struck out ‘‘prepared by the Administrator’’ after ‘‘air traffic con- trol system’’. Subsec. (r)(5)(C)(ii). Pub. L. 108–176, § 203(8), sub- stituted ‘‘and the Committee’’ for ‘‘and the Secretary of Transportation’’. Subsec. (r)(5)(C)(iii). Pub. L. 108–176, § 203(9), inserted ‘‘agency’s’’ before ‘‘annual’’ and substituted ‘‘for air traffic control services’’ for ‘‘developed under subpara- graph (A) of this subsection’’. 2001—Subsec. (m). Pub. L. 107–71, § 101(d), substituted ‘‘supplies, personnel, services, and’’ for ‘‘supplies and’’ in last sentence. Subsec. (r)(2)(A). Pub. L. 107–71, § 101(c)(3), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: ‘‘The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Adminis- trator. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title.’’ 2000—Subsec. (f)(3)(A). Pub. L. 106–181, § 306, inserted at end ‘‘On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each Page 44 TITLE 49—TRANSPORTATION § 106 deadline the Administrator missed under this subpara- graph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.’’ Subsec. (f)(3)(B)(i). Pub. L. 106–181, § 305(1), (2), in in- troductory provisions, substituted ‘‘$250,000,000’’ for ‘‘$100,000,000’’ and ‘‘Wendell H. Ford Aviation Invest- ment and Reform Act for the 21st Century’’ for ‘‘Air Traffic Management System Performance Improve- ment Act of 1996’’. Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, § 305(1), (3), sub- stituted ‘‘$250,000,000’’ for ‘‘$100,000,000’’ and inserted ‘‘substantial and’’ before ‘‘material’’ and ‘‘or’’ after semicolon at end. Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, § 305(4), added subcl. (II) and struck out former subcls. (II) to (IV) which read as follows: ‘‘(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; ‘‘(III) materially alter the budgetary impact of enti- tlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or ‘‘(IV) raise novel legal or policy issues arising out of legal mandates.’’ Subsec. (g)(1)(A). Pub. L. 106–181, § 701, substituted ‘‘40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections’’ for ‘‘40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a) and (b), chapter 451, sections 45302–45304,’’. Subsec. (k). Pub. L. 106–181, § 103(a), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: ‘‘There is authorized to be appro- priated to the Secretary of Transportation for oper- ations of the Administration $5,632,000,000 for fiscal year 1999.’’ Subsec. (l)(1). Pub. L. 106–181, § 307(c)(1), substituted ‘‘subsections (a) and (g) of section 40122’’ for ‘‘section 40122(a) of this title and section 347 of Public Law 104–50’’. Subsec. (p)(2). Pub. L. 106–528, which directed the sub- stitution of ‘‘18’’ for ‘‘15’’ in section 106(p)(2), without specifying the Code title to be amended, was executed by making the substitution in the introductory provi- sions of subsec. (p)(2) of this section, to reflect the probable intent of Congress. Subsec. (p)(2)(C) to (E). Pub. L. 106–181, § 302(a)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: ‘‘13 members representing aviation interests, appointed by the President by and with the advice and consent of the Senate.’’ Subsec. (p)(3). Pub. L. 106–181, § 302(a)(2), designated existing provisions as subpar. (A), inserted subpar. heading, realigned margins, inserted ‘‘or (2)(E)’’ after ‘‘paragraph (2)(C)’’, and added subpars. (B) and (C). Subsec. (p)(6). Pub. L. 106–181, § 302(b), added subpars. (A) to (I), redesignated former subpars. (B) to (D) as (J) to (L), respectively, and struck out former subpar. (A) which related to terms of members appointed to the Advisory Council. Subsec. (p)(7), (8). Pub. L. 106–181, § 302(c), added pars. (7) and (8). Subsec. (r). Pub. L. 106–181, § 303, added subsec. (r). 1999—Subsec. (k). Pub. L. 106–6 substituted ‘‘$5,632,000,000 for fiscal year 1999.’’ for ‘‘$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.’’ 1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L. 104–264, § 276(c). See 1996 Amendment note below. 1996—Subsec. (b). Pub. L. 104–287 substituted ‘‘August 23, 1994,’’ for ‘‘the date of the enactment of this sen- tence’’. Pub. L. 104–264, § 223(a)(1), substituted ‘‘Except as pro- vided in subsection (f) or in other provisions of law, the Administrator’’ for ‘‘The Administrator’’. Subsec. (f). Pub. L. 104–264, § 223(a)(2), inserted subsec. heading, designated existing provisions as par. (1), in- serted par. (1) heading, substituted ‘‘Except as provided in paragraph (2), the Secretary’’ for ‘‘The Secretary’’, realigned margins, substituted ‘‘Neither the Secretary nor the Administrator may’’ for ‘‘The Secretary may not’’ and ‘‘or be bound’’ for ‘‘nor be bound’’, and added pars. (2) and (3). Subsec. (f)(3). Pub. L. 104–264, § 224(2), added par. (3). Former par. (3) redesignated (4). Subsec. (f)(4). Pub. L. 104–264, § 224(1), redesignated par. (3) as (4). Subsec. (g)(1)(A). Pub. L. 104–264, § 276(c), as added by Pub. L. 105–102, substituted ‘‘45302–45304’’ for ‘‘45302, 45303’’. Subsec. (k). Pub. L. 104–264, § 103(a), substituted ‘‘$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.’’ for ‘‘$4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.’’ Subsec. (l). Pub. L. 104–264, § 225, added subsec. (l). Subsec. (l)(6). Pub. L. 104–264, § 226, added par. (6). Subsec. (m). Pub. L. 104–264, § 227, added subsec. (m). Subsec. (n). Pub. L. 104–264, § 228, added subsec. (n). Subsec. (o). Pub. L. 104–264, § 229, added subsec. (o). Subsec. (p). Pub. L. 104–264, § 230, added subsec. (p). Subsec. (q). Pub. L. 104–264, § 1210, added subsec. (q). 1994—Subsec. (b). Pub. L. 103–305, § 201, inserted at end ‘‘The term of office for any individual appointed as Ad- ministrator after the date of the enactment of this sen- tence shall be 5 years.’’ Subsec. (f). Pub. L. 103–272, § 4(j)(3)(A), substituted ‘‘Secretary of Transportation shall’’ for ‘‘Secretary shall’’. Subsec. (g). Pub. L. 103–272, § 4(j)(3)(B), inserted head- ing and amended text generally. Prior to amendment, text read as follows: ‘‘The Administrator shall carry out— ‘‘(1) duties and powers of the Secretary related to aviation safety (except those related to transpor- tation, packaging, marking, or description of haz- ardous materials) and vested in the Secretary by sec- tion 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under sec- tion 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and ‘‘(2) additional duties and powers prescribed by the Secretary.’’ Subsec. (h). Pub. L. 103–272, § 5(m)(4)(A), substituted ‘‘Section 40101(d) of this title’’ for ‘‘Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)’’. Subsec. (j). Pub. L. 103–272, § 5(m)(4)(B), substituted ‘‘section 44507 of this title’’ for ‘‘section 312(e) of the Federal Aviation Act of 1958’’. Subsec. (k). Pub. L. 103–305, § 103, substituted ‘‘, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fis- cal year 1995, and $4,810,000,000 for fiscal year 1996’’ for ‘‘, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995’’. Pub. L. 103–272, § 4(j)(3)(C), inserted ‘‘to the Secretary of Transportation’’ after ‘‘appropriated’’. 1992—Subsec. (k). Pub. L. 102–581 substituted ‘‘1991,’’ for ‘‘1991 and’’ and inserted before period at end ‘‘, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fis- cal year 1994, and $5,520,000,000 for fiscal year 1995’’. 1990—Subsec. (g)(1). Pub. L. 101–604 inserted ‘‘315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),’’ after ‘‘312–314,’’. Subsec. (k). Pub. L. 101–508 added subsec. (k). Page 45 TITLE 49—TRANSPORTATION § 106 1988—Subsec. (j). Pub. L. 100–591 added subsec. (j). 1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted ‘‘49 App. U.S.C.’’ for ‘‘49 U.S.C.’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–176, § 3, Dec. 12, 2003, 117 Stat. 2493, pro- vided that: ‘‘Except as otherwise specifically provided, this Act [see Tables for classification] and the amend- ments made by this Act shall apply only to fiscal years beginning after September 30, 2003.’’ EFFECTIVE DATE OF 2000 AMENDMENTS Pub. L. 106–528, § 9, Nov. 22, 2000, 114 Stat. 2523, pro- vided that: ‘‘Except as otherwise expressly provided, this Act [amending this section and sections 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 40101, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Nov. 22, 2000].’’ Pub. L. 106–181, § 3, Apr. 5, 2000, 114 Stat. 64, provided that: ‘‘Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years begin- ning after September 30, 1999.’’ Pub. L. 106–181, title III, § 302(d), Apr. 5, 2000, 114 Stat. 121, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall take effect on the date of the enactment of this Act [Apr. 5, 2000]. ‘‘(2) INITIAL NOMINATIONS TO AIR TRAFFIC SERVICES SUBCOMMITTEE.—The Secretary [of Transportation] shall make the initial appointments of the Air Traffic Services Subcommittee of the Aviation Management Advisory Council not later than 3 months after the date of the enactment of this Act. ‘‘(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF SUB- COMMITTEE.—Nothing in this section shall be construed to invalidate the actions and authority of the Federal Aviation Administration prior to the appointment of the members of the Air Traffic Services Sub- committee.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, pro- vided that the amendment made by section 3(c)(3) is ef- fective Oct. 9, 1996. Pub. L. 105–102, § 3(f), Nov. 20, 1997, 111 Stat. 2216, pro- vided that: ‘‘The amendments made by subsections (a) through (d) of this section [amending this section and sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and 47128 of this title, renumbering section 40121 of this title as 40124 of this title, and amending provisions set out as notes under sections 5303 and 47117 of this title] shall take effect as if included in the provisions of the Acts to which the amendments relate.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–264, § 3, Oct. 9, 1996, 110 Stat. 3215, provided that: ‘‘(a) IN GENERAL.—Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act apply only to fiscal years beginning after September 30, 1996. ‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—Noth- ing in this Act or any amendment made by this Act shall be construed as affecting funds made available for a fiscal year ending before October 1, 1996.’’ Pub. L. 104–264, title II, § 203, Oct. 9, 1996, 110 Stat. 3227, provided that: ‘‘The provisions of this title [enact- ing sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending this section and section 41742 of this title, renumbering section 45303 of this title as sec- tion 45304, repealing section 45301 of this title, and en- acting provisions set out as notes under this section and sections 40101, 40110, and 41742 of this title] and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act [Oct. 9, 1996].’’ 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. CONSTRUCTION Pub. L. 118–63, title II, § 204(c), May 16, 2024, 138 Stat. 1041, provided that: ‘‘Nothing in this section [amending this section] or the amendments made by this section shall be construed to restrict any authority vested in the Administrator [of the Federal Aviation Adminis- tration] by statute or by delegation that was in effect on the day before the date of the enactment of this Act [May 16, 2024].’’ AIRSPACE MODERNIZATION OFFICE Pub. L. 118–63, title II, § 207, May 16, 2024, 138 Stat. 1046, provided that: ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—On January 1, 2026, the Adminis- trator [of the Federal Aviation Administration] shall establish within the FAA [Federal Aviation Adminis- tration] an Airspace Modernization Office (in this section referred to as the ‘Office’). ‘‘(2) PLACEMENT.—The Administrator may task an existing office of the FAA with the functions of the Office. ‘‘(3) DUTIES.—The Office shall be responsible for— ‘‘(A) the research and development, systems engi- neering, enterprise architecture, and portfolio man- agement for the continuous modernization of the national airspace system; ‘‘(B) the development of an information-centric national airspace system, including digitization of the processes and technology that supports such system; ‘‘(C) improving the interoperability of FAA sys- tems and third-party systems that support safe op- erations in the national airspace system; and ‘‘(D) developing and periodically updating an in- tegrated plan for the future state of the national airspace system in coordination with other offices of the FAA. ‘‘(b) INTEGRATED PLAN REQUIREMENTS.—The inte- grated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users. The integrated plan shall include the following: ‘‘(1) A description of the demand for services that will be required of the future air transportation sys- tem, and an explanation of how the demand projec- tions were derived, including— ‘‘(A) the most likely range of average annual re- sources required over the duration of the plan to cost effectively maintain the safety, sustainability, and other characteristics of national airspace oper- ation and the mission of the FAA; and ‘‘(B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users. ‘‘(2) A roadmap for creating and implementing the integrated plan, including— ‘‘(A) the most significant technical, operational, and personnel obstacles and the activities nec- Page 46 TITLE 49—TRANSPORTATION § 106 essary to overcome such obstacles, including the role of other Federal agencies, corporations, insti- tutions of higher learning, and nonprofit organiza- tions in carrying out such activities; ‘‘(B) the annual anticipated cost of carrying out such activities; ‘‘(C) the technical milestones that will be used to evaluate the activities; and ‘‘(D) identifying technology gaps that the Admin- istrator or industry may need to address to fully implement the integrated plan. ‘‘(3) A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expendi- tures needed to develop and deploy the system. ‘‘(4) A description of the management of the enter- prise architecture framework for the introduction of any operational improvements and to inform FAA fi- nancial decision-making. ‘‘(5) A justification for the operational improve- ments that the Office determines will need to be de- veloped and deployed by 2040 to meet the needs of na- tional airspace users, including the benefits, costs, and risks of the preferred and alternative options. ‘‘(c) CONSIDERATIONS.—In developing an initial inte- grated plan required under subsection (b) and carrying out such plan, the Office shall consider— ‘‘(1) the results and recommendations of the inde- pendent report on implementation of the NextGen [Next Generation Air Transportation System] pro- gram under section 603 [138 Stat. 1222, not classified to the Code]; ‘‘(2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and ‘‘(3) the findings of the audit required by section 622 [49 U.S.C. 44505 note], and the resulting plan to re- place or enhance the identified legacy systems within a reasonable timeframe. ‘‘(d) CONSULTATION.—In developing and carrying out the integrated plan, the Office shall consult with the NextGen Advisory Committee of the FAA. ‘‘(e) PLAN DEADLINE; BRIEFINGS.— ‘‘(1) PLAN DEADLINE.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Sen- ate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Rep- resentatives, and the Committee on Appropriations of the House of Representatives an initial integrated plan required under subsection (a)(3)(D). ‘‘(2) ANNUAL BRIEFINGS.—The Administrator shall provide the committees of Congress specified in para- graph (1) with an annual briefing describing the progress in carrying out the integrated plan required under subsection (a)(3)(D), including any changes to the plan, through 2028. ‘‘(f) DOT INSPECTOR GENERAL REVIEW.—Not later than 180 days after submission of the initial integrated plan under subsection (e)(1), the inspector general of the Department of Transportation shall begin a review of the integrated plan and submit to the committees of Congress specified in subsection (e)(1) a report that— ‘‘(1) assesses the justification for the integrated plan; ‘‘(2) provides any recommendations for improving the integrated plan; and ‘‘(3) includes any other information that the inspec- tor general determines appropriate.’’ FAA TELEWORK Pub. L. 118–63, title II, § 221, May 16, 2024, 138 Stat. 1058, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration]— ‘‘(1) may establish telework policies for employees of the FAA [Federal Aviation Administration] that allow for the Administrator to reduce the office foot- print and associated expenses of the FAA, if appro- priate, increase workforce retention, and provide flexibilities that the Administrator demonstrates in- creases efficiency and effectiveness of the Adminis- tration, while requiring that any such policy— ‘‘(A) does not adversely impact the mission of the FAA; ‘‘(B) does not reduce the safety or efficiency of the national airspace system; ‘‘(C) for any employee that is designated as an of- ficer or executive in the FAA Executive System or a political appointee (as such term is defined in sec- tion 106 of title 49, United States Code)— ‘‘(i) maximizes time at a duty station for such employee, excluding official travel; and ‘‘(ii) may include telework provisions as deter- mined appropriate by the Administrator, com- mensurate with official duties for such employee; ‘‘(D) provides for on-the-job training opportuni- ties for FAA personnel that are not less than such opportunities available in 2019; ‘‘(E) reflects the appropriate work status of em- ployees based on the job functions of such em- ployee; ‘‘(F) optimizes the work status of inspectors, in- vestigators, and other personnel performing safety- related functions to ensure timely completion of safety oversight activities; ‘‘(G) provides for personnel, including such per- sonnel performing work related to aircraft certifi- cation and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be— ‘‘(i) routinely available on a predictable basis for in-person and virtual communications with external persons; and ‘‘(ii) not hindered from meeting with, visiting, auditing, or inspecting facilities or projects of regulated persons due to any telework policy; and ‘‘(H) provides opportunities for in-person dia- logue, collaboration, and ideation for all employ- ees; ‘‘(2) ensures that locality pay for an employee of the FAA accurately reflects the telework status and duty station of such employee; ‘‘(3) may not establish a telework policy for an em- ployee of the FAA unless such employee will be pro- vided with secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and Federal records, and equip- ment sufficient to enable such employee to be fully productive; and ‘‘(4) not later than 2 years after the date of enact- ment of this Act [May 16, 2024], shall evaluate and ad- dress any telework policies in effect on the day before such date of enactment to ensure that such policies meet the requirements of paragraph (1). ‘‘(b) CONGRESSIONAL UPDATE.—Not later than 1 year after the date of enactment of this Act, and 1 year thereafter, the Administrator shall brief the appro- priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on any telework policies cur- rently in place, the implementation of such policies, and the benefits of such policies. ‘‘(c) CONSULTATION.—If the Administrator determines that telework agreements need to be updated to imple- ment the requirements of subsection (a), the Adminis- trator shall, prior to updating such agreements, con- sult with— ‘‘(1) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and ‘‘(2) labor organizations certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safe- ty inspectors and engineers of the FAA.’’ Page 47 TITLE 49—TRANSPORTATION § 106 FAA PARTICIPATION IN INDUSTRY STANDARDS ORGANIZATIONS Pub. L. 118–63, title II, § 224, May 16, 2024, 138 Stat. 1061, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall encourage the partici- pation of employees of the FAA [Federal Aviation Ad- ministration], as appropriate, in the activities of recog- nized industry standards organizations to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organiza- tions by the Administrator. ‘‘(b) PARTICIPATION.—An employee of the FAA di- rected by the Administrator to participate in a work- ing group, task group, committee, or similar body of a recognized industry standards organization shall— ‘‘(1) actively participate in the discussions and work of such organization; ‘‘(2) accurately represent the position of the Admin- istrator on the subject matter of such discussions and work; ‘‘(3) contribute to the development of work prod- ucts of such organization, unless determined to be in- appropriate by such organization; ‘‘(4) make reasonable efforts to identify and make any concerns of the Administrator relating to such work products known to such organization, including through providing formal comments, as may be al- lowed for under the procedures of such organization; ‘‘(5) provide regular updates to other FAA employ- ees and management on the progress of such work products; and ‘‘(6) seek advice and input from other FAA employ- ees and management, as needed. ‘‘(c) RECOGNIZED INDUSTRY STANDARDS ORGANIZATION DEFINED.—In this section, the term ‘recognized indus- try standards organization’ means a domestic or inter- national organization that— ‘‘(1) uses agreed upon procedures to develop avia- tion-related industry standards or means of compli- ance, including standards or means of compliance that satisfy FAA requirements or guidance; ‘‘(2) is comprised of members of the public, includ- ing subject matter experts, industry representatives, academics and researchers, and government employ- ees; and ‘‘(3) has had at least 1 standard or means of compli- ance accepted by the Administrator or referenced in guidance material or a regulation issued by the FAA after the date of enactment of the Vision 100—Cen- tury of Aviation Reauthorization Act (Public Law 108–176) [Dec. 12, 2003].’’ REQUIRED DESIGNATION Pub. L. 118–63, title II, § 226, May 16, 2024, 138 Stat. 1062, provided that: ‘‘The Administrator [of the Federal Aviation Administration] shall designate any aviation rulemaking committee convened under this Act [see Tables for classification] pursuant to section 106(p)(5) of title 49, United States Code.’’ FAA ENGAGEMENT AND COLLABORATION WITH HBCUS AND MSIS Pub. L. 118–63, title IV, § 404, May 16, 2024, 138 Stat. 1152, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration]— ‘‘(1) shall continue— ‘‘(A) to partner with and conduct outreach to His- torically Black Colleges and Universities and mi- nority serving institutions to promote awareness of educational and career opportunities, including the Educational Partnership Initiative of the FAA [Federal Aviation Administration], and develop curriculum related to aerospace, aviation, and air traffic control; and ‘‘(B) operation of the Minority Serving Institu- tions Internship Program; and ‘‘(2) may— ‘‘(A) make internship placements under the Mi- nority Serving Institutions Internship Program available during academic sessions throughout the year; and ‘‘(B) extend an internship placement under the Minority Serving Institutions Internship Program for a student beyond a single academic session. ‘‘(b) PROGRAM DATA.—In carrying out the Minority Serving Institutions Internship Program, the Adminis- trator shall track data, including annual metrics meas- uring the following with respect to such Program: ‘‘(1) The total number of applicants. ‘‘(2) The total number of applicants offered an in- ternship and the total number of applicants who ac- cept an internship. ‘‘(3) The line of business in which each intern is placed. ‘‘(4) The conversion rate of interns in the Program who are hired as full-time FAA employees. ‘‘(c) MINORITY SERVING INSTITUTION DEFINED.—In this section, the term ‘minority serving institution’ means an institution described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).’’ PROHIBITION ON MANDATES Pub. L. 118–63, title XI, § 1106, May 16, 2024, 138 Stat. 1417, provided that: ‘‘(a) PROHIBITION ON MANDATES.—The Administrator [of the Federal Aviation Administration] may not re- quire any contractor to mandate that employees of such contractor obtain a COVID–19 vaccine or enforce any condition regarding the COVID–19 vaccination sta- tus of employees of a contractor. ‘‘(b) PROHIBITION ON IMPLEMENTATION.—The Adminis- trator may not implement or enforce any requirement that— ‘‘(1) employees of air carriers be vaccinated against COVID–19; ‘‘(2) employees of the FAA [Federal Aviation Ad- ministration] be vaccinated against COVID–19; or ‘‘(3) passengers of air carriers be vaccinated against COVID–19 or wear a mask as a result of a COVID–19 related public health measure.’’ EMERGENCY FAA EMPLOYEE LEAVE FUND Pub. L. 117–2, title VII, § 7103, Mar. 11, 2021, 135 Stat. 98, provided that: ‘‘(a) ESTABLISHMENT; APPROPRIATION.—There is estab- lished in the Federal Aviation Administration the Emergency FAA Employee Leave Fund (in this section referred to as the ‘Fund’), to be administered by the Administrator of the Federal Aviation Administration, for the purposes set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $9,000,000, which shall be deposited into the Fund and remain available through September 30, 2022. ‘‘(b) PURPOSE.—Amounts in the Fund shall be avail- able to the Administrator for the use of paid leave under this section by any employee of the Administra- tion who is unable to work because the employee— ‘‘(1) is subject to a Federal, State, or local quar- antine or isolation order related to COVID–19; ‘‘(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19; ‘‘(3) is caring for an individual who is subject to such an order or has been so advised; ‘‘(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis; ‘‘(5) is caring for a son or daughter of such em- ployee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learn- ing instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 pre- cautions; Page 48 TITLE 49—TRANSPORTATION § 106 ‘‘(6) is experiencing any other substantially similar condition; ‘‘(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is avail- able to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or ‘‘(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization. ‘‘(c) LIMITATIONS.— ‘‘(1) PERIOD OF AVAILABILITY.—Paid leave under this section may only be provided to and used by an em- ployee of the Administration during the period begin- ning on the date of enactment of this section [Mar. 11, 2021] and ending on September 30, 2021. ‘‘(2) TOTAL HOURS; AMOUNT.—Paid leave under this section— ‘‘(A) shall be provided to an employee of the Ad- ministration in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a sea- sonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the ex- tent amounts in the Fund remain available for re- imbursement; ‘‘(B) shall be paid at the same hourly rate as other leave payments; and ‘‘(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full- time employee, or a proportionally equivalent bi- weekly limit for a part-time employee. ‘‘(3) RELATIONSHIP TO OTHER LEAVE.—Paid leave under this section— ‘‘(A) is in addition to any other leave provided to an employee of the Administration; and ‘‘(B) may not be used by an employee of the Ad- ministration concurrently with any other paid leave. ‘‘(4) CALCULATION OF RETIREMENT BENEFIT.—Any paid leave provided to an employee of the Adminis- tration under this section shall reduce the total serv- ice used to calculate any Federal civilian retirement benefit.’’ REGIONAL OMBUDSMEN Pub. L. 115–254, div. B, title I, § 180, Oct. 5, 2018, 132 Stat. 3230, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], with respect to each region of the Federal Aviation Administration, the Regional Administrator for that region shall des- ignate an individual to be the Regional Ombudsman for the region. ‘‘(b) REQUIREMENTS.—Each Regional Ombudsman shall— ‘‘(1) serve as a regional liaison with the public, in- cluding community groups, on issues regarding air- craft noise, pollution, and safety; ‘‘(2) make recommendations to the Administrator for the region to address concerns raised by the pub- lic and improve the consideration of public comments in decision-making processes; and ‘‘(3) be consulted on proposed changes in aircraft operations affecting the region, including arrival and departure routes, in order to minimize environmental impacts, including noise.’’ FEDERAL AVIATION ADMINISTRATION PERFORMANCE MEASURES AND TARGETS Pub. L. 115–254, div. B, title V, § 558, Oct. 5, 2018, 132 Stat. 3383, provided that: ‘‘(a) PERFORMANCE MEASURES.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish performance measures relating to the management of the [Federal Aviation] Administration, which shall, at a minimum, include measures to assess— ‘‘(1) the timely and cost-effective completion of projects; and ‘‘(2) the effectiveness of the Administration in achieving the goals described in section 47171 of title 49, United States Code. ‘‘(b) PERFORMANCE TARGETS.—Not later than 180 days after the date on which the Secretary establishes per- formance measures in accordance with subsection (a), the Secretary shall establish performance targets re- lating to each of the measures described in that sub- section. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act, the inspector general of the De- partment of Transportation shall submit to the appro- priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report describing the progress of the Secretary in meeting the performance targets established under subsection (b).’’ ASSISTANT ADMINISTRATOR FOR RESEARCH AND DEVELOPMENT Pub. L. 115–254, div. B, title VII, § 711, Oct. 5, 2018, 132 Stat. 3410, provided that: ‘‘(a) APPOINTMENT.—Not later than 3 months after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Aviation Administration] shall appoint an Assistant Administrator for Research and Development. ‘‘(b) RESPONSIBILITIES.—The Assistant Administrator for Research and Development shall, at a minimum, be responsible for— ‘‘(1) management and oversight of all the FAA’s [Federal Aviation Administration’s] research and de- velopment programs and activities; and ‘‘(2) production of all congressional reports from the FAA relevant to research and development, in- cluding the national aviation research plan required under section 44501(c) of title 49, United States Code. ‘‘(c) DUAL APPOINTMENT.—The Assistant Adminis- trator for Research and Development may be a dual-ap- pointment, holding the responsibilities of another As- sistant Administrator.’’ EDUCATIONAL REQUIREMENTS Pub. L. 112–95, title II, § 223, Feb. 14, 2012, 126 Stat. 55, provided that: ‘‘The Administrator of the Federal Avia- tion Administration shall make payments to the De- partment of Defense for the education of dependent children of those Administration employees in Puerto Rico and Guam as they are subject to transfer by pol- icy and practice and meet the eligibility requirements of section 2164(c) of title 10, United States Code.’’ FAA REVIEW AND REFORM Pub. L. 115–254, div. B, title V, § 511, Oct. 5, 2018, 132 Stat. 3356, provided that: ‘‘(a) AGENCY REPORT.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator shall submit to the appropriate commit- tees of Congress a detailed analysis of any actions taken to address the findings and recommendations in- cluded in the report required under section 812(d) of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 106 note), including— ‘‘(1) consolidating, phasing-out, or eliminating du- plicative positions, programs, roles, or offices; ‘‘(2) eliminating or streamlining wasteful practices; ‘‘(3) eliminating or phasing-out redundant, obso- lete, or unnecessary functions; ‘‘(4) reforming and streamlining inefficient proc- esses so that the activities of the Administration are completed in an expedited and efficient manner; and ‘‘(5) reforming or eliminating ineffectual or out- dated policies. Page 49 TITLE 49—TRANSPORTATION § 106 ‘‘(b) ADDITIONAL REVIEW.—Not later than 18 months after the date of enactment of this Act, the Adminis- trator shall undertake and complete a thorough review of each program, office, and organization within the Administration to identify— ‘‘(1) duplicative positions, programs, roles, or of- fices; ‘‘(2) wasteful practices; ‘‘(3) redundant, obsolete, or unnecessary functions; ‘‘(4) inefficient processes; and ‘‘(5) ineffectual or outdated policies. ‘‘(c) ACTIONS TO STREAMLINE AND REFORM FAA.—Not later than 60 days after the date of completion of the review under subsection (b), the Administrator shall undertake such actions as may be necessary to address the findings of the Administrator under such sub- section. ‘‘(d) REPORT TO CONGRESS.—Not later than 120 days after the date of completion of the review under sub- section (b), the Administrator shall submit to the ap- propriate committees of Congress a report on the ac- tions taken by the Administrator pursuant to sub- section (c), including any recommendations for legisla- tive or administrative actions.’’ [For definitions of terms used in section 511 of Pub. L. 115–254, set out above, see sections 101 and 501 of Pub. L. 115–254, set out as notes under section 40101 of this title.] Pub. L. 112–95, title VIII, § 812, Feb. 14, 2012, 126 Stat. 124, provided that: ‘‘(a) AGENCY REVIEW.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Ad- ministrator of the Federal Aviation Administration shall undertake a thorough review of each program, of- fice, and organization within the Administration, in- cluding the Air Traffic Organization, to identify— ‘‘(1) duplicative positions, programs, roles, or of- fices; ‘‘(2) wasteful practices; ‘‘(3) redundant, obsolete, or unnecessary functions; ‘‘(4) inefficient processes; and ‘‘(5) ineffectual or outdated policies. ‘‘(b) ACTIONS TO STREAMLINE AND REFORM FAA.—Not later than 120 days after the date of enactment of this Act, the Administrator shall undertake such actions as may be necessary to address the Administrator’s find- ings under subsection (a), including— ‘‘(1) consolidating, phasing-out, or eliminating du- plicative positions, programs, roles, or offices; ‘‘(2) eliminating or streamlining wasteful practices; ‘‘(3) eliminating or phasing-out redundant, obso- lete, or unnecessary functions; ‘‘(4) reforming and streamlining inefficient proc- esses so that the activities of the Administration are completed in an expedited and efficient manner; and ‘‘(5) reforming or eliminating ineffectual or out- dated policies. ‘‘(c) AUTHORITY.—Notwithstanding any other provi- sion of law, the Administrator shall have the authority to undertake the actions required under subsection (b). ‘‘(d) REPORT TO CONGRESS.—Not later than 150 days after the date of enactment of this Act, the Adminis- trator shall submit to Congress a report on the actions taken by the Administrator under this section, includ- ing any recommendations for legislative or administra- tive actions.’’ ORPHAN AVIATION EARMARKS Pub. L. 112–95, title VIII, § 825, Feb. 14, 2012, 126 Stat. 131, provided that: ‘‘(a) EARMARK DEFINED.—In this section, the term ‘earmark’ means a statutory provision or report lan- guage included primarily at the request of a Senator or a Member, Delegate, or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budg- et authority, credit authority, or other spending au- thority for a contract, loan, loan guarantee, grant, or other expenditure with or to an entity or a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process. ‘‘(b) RESCISSION.—If any earmark relating to the Fed- eral Aviation Administration has more than 90 percent of applicable appropriated amounts remaining avail- able for obligation at the end of the 9th fiscal year be- ginning after the fiscal year in which those amounts were appropriated, the unobligated portion of those amounts is rescinded effective at the end of that 9th fiscal year, except that the Administrator of the Fed- eral Aviation Administration may delay any such re- scission if the Administrator determines that an obli- gation with respect to those amounts is likely to occur during the 12-month period beginning on the last day of that 9th fiscal year. ‘‘(c) IDENTIFICATION AND REPORT.— ‘‘(1) AGENCY IDENTIFICATION.—At the end of each fis- cal year, the Administrator shall identify and report to the Director of the Office of Management and Budget every earmark related to the Administration and with respect to which there is an unobligated bal- ance of appropriated amounts. ‘‘(2) ANNUAL REPORT.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, the Director shall submit to Congress and make available to the public on the Internet Web site of the Office a report that in- cludes— ‘‘(A) a listing of each earmark related to the Ad- ministration and with respect to which there is an unobligated balance of appropriated amounts, which shall include the amount of the original ear- mark, the amount of the unobligated balance re- lated to that earmark, and the date on which the funding expires, if applicable; ‘‘(B) the number of rescissions under subsection (b) and the savings resulting from those rescissions for the previous fiscal year; and ‘‘(C) a listing of earmarks related to the Adminis- tration with amounts scheduled for rescission at the end of the current fiscal year.’’ FEDERAL AVIATION ADMINISTRATION SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM Pub. L. 108–176, title VII, § 702, Dec. 12, 2003, 117 Stat. 2576, provided that: ‘‘(a)(1) The Administrator of the Federal Aviation Ad- ministration shall establish a Federal Aviation Admin- istration Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Federal Aviation Administration. ‘‘(2) Individuals shall be selected to receive scholar- ships under this section through a competitive process primarily on the basis of academic merit, with consid- eration given to financial need and the goal of pro- moting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, 1885b]. ‘‘(3) To carry out the Program the Administrator shall enter into contractual agreements with individ- uals selected under paragraph (2) under which the indi- viduals agree to serve as full-time employees of the Federal Aviation Administration, for the period de- scribed in subsection (f)(1), in positions needed by the Federal Aviation Administration and for which the in- dividuals are qualified, in exchange for receiving a scholarship. ‘‘(b) In order to be eligible to participate in the Pro- gram, an individual must— ‘‘(1) be enrolled or accepted for enrollment as a full- time student at an institution of higher education, as a junior or senior undergraduate or graduate student, in an academic field or discipline described in the list made available under subsection (d); ‘‘(2) be a United States citizen or permanent resi- dent; and ‘‘(3) at the time of the initial scholarship award, not be an employee (as defined in section 2105 of title 5, United States Code). Page 50 TITLE 49—TRANSPORTATION § 106 ‘‘(c) An individual seeking a scholarship under this section shall submit an application to the Adminis- trator at such time, in such manner, and containing such information, agreements, or assurances as the Ad- ministrator may require. ‘‘(d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized and shall update the list as necessary. ‘‘(e)(1) The Administrator may provide a scholarship under the Program for an academic year if the indi- vidual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d). ‘‘(2) An individual may not receive a scholarship under this section for more than 4 academic years, un- less the Administrator grants a waiver. ‘‘(3) The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance. ‘‘(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized ex- penses as established by the Administrator by regula- tion. ‘‘(5) The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other author- ized expenses are paid directly to the institution with respect to which the scholarship is provided. ‘‘(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Fed- eral Aviation Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided. ‘‘(2)(A) Except as provided in subparagraph (B), obli- gated service under paragraph (1) shall begin not later than 60 days after the individual obtains the edu- cational degree for which the scholarship was provided. ‘‘(B) The Administrator may defer the obligation of an individual to provide a period of service under para- graph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall pre- scribe the terms and conditions under which a service obligation may be deferred through regulation. ‘‘(g)(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Ad- ministrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obli- gation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their be- half under the agreement, except as provided in sub- section (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation. ‘‘(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after com- pletion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipi- ents breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to— ‘‘(A) the total amount of scholarships received by such individual under this section; plus ‘‘(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States, multiplied by 3. ‘‘(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. ‘‘(2) The Administrator shall by regulation provide for the partial or total waiver or suspension of any ob- ligation of service or payment incurred by an indi- vidual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the in- dividual, or if enforcement of such obligation with re- spect to the individual would be contrary to the best interests of the Government. ‘‘(i) For purposes of this section— ‘‘(1) the term ‘cost of attendance’ has the meaning given that term in section 472 of the Higher Edu- cation Act of 1965 [20 U.S.C. 1087ll]; ‘‘(2) the term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 [20 U.S.C. 1001(a)]; and ‘‘(3) the term ‘Program’ means the Federal Avia- tion Administration Science and Technology Schol- arship Program established under this section. ‘‘(j)(1) There is authorized to be appropriated to the Federal Aviation Administration for the Program $10,000,000 for each fiscal year. ‘‘(2) Amounts appropriated under this section shall remain available for 2 fiscal years. ‘‘(k) The Administrator may provide temporary in- ternships to full-time students enrolled in an under- graduate or post-graduate program leading to an ad- vanced degree in an aerospace-related or aviation safe- ty-related field of endeavor.’’ INTERNET AVAILABILITY OF INFORMATION Pub. L. 106–181, title IX, § 903, Apr. 5, 2000, 114 Stat. 196, provided that: ‘‘The Administrator [of the Federal Aviation Administration] shall make available through the Internet home page of the Federal Aviation Admin- istration the abstracts relating to all research grants and awards made with funds authorized by the amend- ments made by this Act [see Tables for classification]. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.’’ FINDINGS Pub. L. 104–264, title II, § 221, Oct. 9, 1996, 110 Stat. 3227, provided that: ‘‘Congress finds the following: ‘‘(1) In many respects the Administration is a unique agency, being one of the few non-defense gov- ernment agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on out- dated technology to carry out its responsibilities for a state-of-the-art industry. ‘‘(2) Until January 1, 1996, users of the air transpor- tation system paid 70 percent of the budget of the Ad- ministration, with the remaining 30 percent coming from the General Fund. The General Fund contribu- tion over the years is one measure of the benefit re- ceived by the general public, military, and other users of Administration’s services. ‘‘(3) The Administration must become a more effi- cient, effective, and different organization to meet future challenges. ‘‘(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration’s future budget needs. ‘‘(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past re- ceipts must also be spent for the purposes for which such funds were collected. ‘‘(6) The aviation community and the employees of the Administration must come together to improve Page 51 TITLE 49—TRANSPORTATION § 106 the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity. ‘‘(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effec- tive airport expansion and system modernization, these needs cannot be met. ‘‘(8) Absent significant and meaningful reform, fu- ture challenges and needs cannot be met. ‘‘(9) The Administration must have a new way of doing business. ‘‘(10) There is widespread agreement within govern- ment and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade. ‘‘(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment. ‘‘(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure. ‘‘(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation’s airports. ‘‘(14) Because the Administration is a unique Fed- eral entity in that it is a participant in the daily op- erations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administra- tion has the ability to keep pace with new technology and is able to match resources with the real per- sonnel needs of the Administration. ‘‘(15) The existing budget system does not allow for long-term planning or timely acquisition of tech- nology by the Administration. ‘‘(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administra- tion will continue to experience delays and cost over- runs in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur. ‘‘(17) All reforms should be designed to help the Ad- ministration become more responsive to the needs of its customers and maintain the highest standards of safety.’’ PURPOSES Pub. L. 104–264, title II, § 222, Oct. 9, 1996, 110 Stat. 3229, provided that: ‘‘The purposes of this title [see Ef- fective Date of 1996 Amendment note set out above] are— ‘‘(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication; ‘‘(2) to permit the Administration, with Congres- sional review, to establish a program to improve air traffic management system performance and to es- tablish appropriate levels of cost accountability for air traffic management services provided by the Ad- ministration; ‘‘(3) to establish a more autonomous and account- able Administration within the Department of Trans- portation; and ‘‘(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safe- ty of the traveling public.’’ PRESERVATION OF EXISTING AUTHORITY Pub. L. 104–264, title II, § 223(b), Oct. 9, 1996, 110 Stat. 3230, provided that: ‘‘Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delega- tion that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996].’’ PERSONNEL MANAGEMENT SYSTEM FOR FEDERAL AVIATION ADMINISTRATION Pub. L. 104–50, title III, § 347, Nov. 15, 1995, 109 Stat. 460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 105–339, § 5, Oct. 31, 1998, 112 Stat. 3187, which required the Administrator of the Federal Avia- tion Administration to develop and implement, not later than Jan. 1, 1996, a personnel management sys- tem, exempt from most provisions of Title 5, Govern- ment Organization and Employees, to provide for great- er flexibility in the hiring, training, compensation, and location of personnel, was repealed by Pub. L. 106–181, title III, § 307(d), Apr. 5, 2000, 114 Stat. 126. DEPENDENTS OF FEDERAL AVIATION ADMINISTRATION PERSONNEL Pub. L. 106–346, § 101(a) [title III, § 303], Oct. 23, 2000, 114 Stat. 1356, 1356A–23, as amended by Pub. L. 114–95, title IX, § 9215(x), Dec. 10, 2015, 129 Stat. 2172, provided that: ‘‘Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Ad- ministration shall be available: (1) except as otherwise authorized by title VII of the Elementary and Sec- ondary Education Act of 1965 [20 U.S.C. 7701 et seq.], for expenses of primary and secondary schooling for de- pendents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is de- termined by the Secretary that the schools, if any, available in the locality are unable to provide ade- quately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–69, title III, § 303, Oct. 9, 1999, 113 Stat. 1015. Pub. L. 105–277, div. A, § 101(g) [title III, § 303], Oct. 21, 1998, 112 Stat. 2681–439, 2681–464. Pub. L. 105–66, title III, § 303, Oct. 27, 1997, 111 Stat. 1441. Pub. L. 104–205, title III, § 303, Sept. 30, 1996, 110 Stat. 2968. Pub. L. 104–50, title III, § 303, Nov. 15, 1995, 109 Stat. 453. Pub. L. 103–331, title III, § 303, Sept. 30, 1994, 108 Stat. 2488. Pub. L. 103–122, title III, § 303, Oct. 27, 1993, 107 Stat. 1219. Pub. L. 102–388, title III, § 303, Oct. 6, 1992, 106 Stat. 1543. Pub. L. 102–143, title III, § 303, Oct. 28, 1991, 105 Stat. 939. Pub. L. 101–516, title III, § 303, Nov. 5, 1990, 104 Stat. 2178. Pub. L. 101–164, title III, § 303, Nov. 21, 1989, 103 Stat. 1091. Pub. L. 100–457, title III, § 303, Sept. 30, 1988, 102 Stat. 2146. Pub. L. 100–202, § 101(l) [title III, § 303], Dec. 22, 1987, 101 Stat. 1329–358, 1329–377. Pub. L. 99–500, § 101(l) [H.R. 5205, title III, § 303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308. Pub. L. 99–190, § 101(e) [title III, § 303], Dec. 19, 1985, 99 Stat. 1267, 1284. Page 52 TITLE 49—TRANSPORTATION § 106 Pub. L. 98–473, title I, § 101(i) [title III, § 303], Oct. 12, 1984, 98 Stat. 1944, 1961. Pub. L. 98–78, title III, § 303, Aug. 15, 1983, 97 Stat. 470. Pub. L. 97–369, title III, § 306, Dec. 18, 1982, 96 Stat. 1781. Pub. L. 97–102, title III, § 306, Dec. 23, 1981, 95 Stat. 1458. Pub. L. 96–400, title III, § 306, Oct. 9, 1980, 94 Stat. 1695. Pub. L. 96–131, title III, § 307, Nov. 30, 1979, 93 Stat. 1037. Pub. L. 95–335, title III, § 310, Aug. 4, 1978, 92 Stat. 448. Pub. L. 95–85, title III, § 310, Aug. 2, 1977, 91 Stat. 416. Pub. L. 94–387, title III, § 312, Aug. 14, 1976, 90 Stat. 1185. Pub. L. 94–134, title III, § 310, Nov. 24, 1975, 89 Stat. 711. Pub. L. 93–391, title III, § 311, Aug. 28, 1974, 88 Stat. 780. Pub. L. 93–98, title III, § 313, Aug. 16, 1973, 87 Stat. 340. Pub. L. 92–398, title III, § 313, Aug. 22, 1972, 86 Stat. 591. Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203. Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455. Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655. Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312. Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223. Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197. Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369. Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59. Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311. Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395. Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285. Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67. Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63. Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37. Apr. 2, 1956, ch. 161, title I, 70 Stat. 94. June 1, 1955, ch. 113, title I, 69 Stat. 74. May 28, 1954, ch. 242, title I, 68 Stat. 146. June 18, 1953, ch. 132, title I, 67 Stat. 69. AVIATION SAFETY COMMISSION Pub. L. 99–500, title V, §§ 501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783–373, and Pub. L. 99–591, title V, §§ 501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most effi- ciently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986. APPOINTMENT OF RETIRED MILITARY OFFICER AS ADMINISTRATOR Pub. L. 102–308, June 26, 1992, 106 Stat. 273, provided: ‘‘That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards’ appointment to, ac- ceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that sub- chapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is enti- tled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is enti- tled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code. ‘‘SEC. 2. In the performance of his duties as Adminis- trator of the Federal Aviation Administration, General Richards shall be subject to no supervision, control, re- striction, or prohibition (military or otherwise) other than would be operative with respect to him if he were not an officer on the retired list of the United States Air Force. ‘‘SEC. 3. Nothing in this Act shall be construed as ap- proval by the Congress of any future appointments of military persons to the Office of Administrator of the Federal Aviation Administration.’’ Prior provisions authorizing the appointment of a re- tired military officer as Administrator were contained in the following acts: Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678. Pub. L. 101–47, June 30, 1989, 103 Stat. 134. Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125. Pub. L. 89–46, June 22, 1965, 79 Stat. 171. Executive Documents EX. ORD. NO. 13180. AIR TRAFFIC PERFORMANCE-BASED ORGANIZATION Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation’s air transportation system, it is hereby ordered as follows: SECTION 1. Establishment of the Air Traffic Organiza- tion. (a) The Secretary of Transportation (Secretary) shall, consistent with his legal authorities, move to es- tablish within the Federal Aviation Administration (FAA) a performance-based organization to be known as the ‘‘Air Traffic Organization’’ (ATO). (b) The ATO shall be composed of those elements of the FAA’s Air Traffic Services and Research and Acqui- sition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Adminis- trator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator’s re- sponsibility for general safety, security, and policy- making functions for the National Airspace System is unaffected by this order. (c) The Chief Operating Officer (COO) of the Air Traf- fic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Cen- tury (Air-21) (Public Law 106–181) [see Short Title of 2000 Amendments note set out under section 40101 of this title], shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Man- agement Advisory Committee, shall enter into an an- nual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Admin- istrator’s evaluation of the COO’s performance in rela- tion to the targets and goals described above. (d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear state- ment of the mission and objectives for the system’s safety, efficiency, and productivity. This strategic plan Page 53 TITLE 49—TRANSPORTATION § 108 must ensure that ATO actions are consistent with long- term FAA strategies for the aviation system as a whole. (e) The COO shall also enter into a framework agree- ment with the Administrator that will establish the re- lationship of the ATO with the other organizations of the FAA. SEC. 2. Purpose. The FAA’s primary mission is to en- sure the safety, security, and efficiency of the National Airspace System. The purpose of this order is to en- hance that mission and further improve the delivery of air traffic services to the American public by reorga- nizing the FAA’s air traffic services and related offices into a performance-based, results-oriented, organiza- tion. The ATO will be better able to make use of the unique procurement and personnel authorities that the FAA currently has and to better use the additional management reforms enacted by the Congress this year under Air-21. Specifically, the ATO shall: (a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system; (b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control; (c) develop agreements with the Administrator of the FAA and users of the products, services, and capabili- ties it will provide; (d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings; (e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commer- cial space transportation providers, and focus on pro- ducing results that satisfy the FAA’s external cus- tomer needs; (f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administra- tion, to determine the best practices for meeting the diverse needs throughout the National Airspace Sys- tem; (g) establish strong incentives to managers for achieving results; and (h) formulate and recommend to the Administrator any management, fiscal, or legislative changes nec- essary for the organization to achieve its performance goals. SEC. 3. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of the Aviation Man- agement Advisory Committee shall provide, consistent with its responsibilities under Air-21, general oversight to ATO regarding the administration, management, conduct, direction, and supervision of the air traffic control system. SEC. 4. Evaluation and Report. Not later than 5 years after the date of this order, the Aviation Management Advisory Committee shall provide to the Secretary and the Administrator a report on the operation and effec- tiveness of the ATO, together with any recommenda- tions for management, fiscal, or legislative changes to enable the organization to achieve its goals. SEC. 5. Definitions. The term ‘‘air traffic control sys- tem’’ has the same meaning as the term defined by sec- tion 40102(a)(42) [now 40102(a)(47)] of title 49, United States Code. SEC. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instru- mentalities, its officers or employees, or any other per- son. DEFINITIONS FOR TITLE II OF PUB. L. 104–264 Pub. L. 104–264, title II, § 202, Oct. 9, 1996, 110 Stat. 3227, provided that: ‘‘In this title [see Effective Date of 1996 Amendment note set out above], the following defi- nitions apply: ‘‘(1) ADMINISTRATION.—The term ‘Administration’ means the Federal Aviation Administration. ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Aviation Ad- ministration. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ § 107. Federal Transit Administration (a) The Federal Transit Administration is an administration in the Department of Transpor- tation. (b) The head of the Administration is the Ad- ministrator who is appointed by the President, by and with the advice and consent of the Sen- ate. The Administrator reports directly to the Secretary of Transportation. (c) The Administrator shall carry out duties and powers prescribed by the Secretary. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 107 ............. 49:1608 (note). Reorg. Plan No. 2 of 1968, eff. July 1, 1968, § 3, 82 Stat. 1369. In subsection (b), the words ‘‘and shall be com- pensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)’’ are omitted as surplus because of 5:5314. Editorial Notes AMENDMENTS 1991—Pub. L. 102–240 substituted ‘‘Federal Transit Ad- ministration’’ for ‘‘Urban Mass Transportation Admin- istration’’ in section catchline and subsec. (a). Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 102–240, title III, § 3004(a), (b), Dec. 18, 1991, 105 Stat. 2088, provided that: ‘‘(a) REDESIGNATION OF UMTA.—The Urban Mass Transportation Administration of the Department of Transportation shall be known and designated as the ‘Federal Transit Administration’. ‘‘(b) REFERENCES.—Any reference in a law, map, regu- lation, document, paper, or other record of the United States to the Urban Mass Transportation Administra- tion shall be deemed to be a reference to the ‘Federal Transit Administration’.’’ § 108. Pipeline and Hazardous Materials Safety Administration (a) IN GENERAL.—The Pipeline and Hazardous Materials Safety Administration shall be an ad- ministration in the Department of Transpor- tation. (b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear in- tent, encouragement, and dedication of Congress to the furtherance of the highest degree of safe- ty in pipeline transportation and hazardous ma- terials transportation. (c) ADMINISTRATOR.—The head of the Adminis- tration shall be the Administrator who shall be