49 U.S.C.

United States Code, 2011
Edition
Title 49 -
TRANSPORTATION
SUBTITLE I - DEPARTMENT
OF TRANSPORTATION
CHAPTER 1 -
ORGANIZATION
Sec. 106 - Federal Aviation
Administration
From the U.S. Government
Printing Office, http://www.gpo.gov/

§106. Federal Aviation Administration

(a) The Federal Aviation Administration is an
administration in the Department of Transportation.

(b) The head of the Administration is the Administrator.
The Administration has a Deputy Administrator. They are 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 reports directly
to the Secretary of Transportation. The term of office for any individual
appointed as Administrator after August 23, 1994, shall be 5 years.

(c) The Administrator must—

(1) be a citizen of the United States;

(2) be a civilian; and

(3) have experience in a field directly related to
aviation.

(d)(1) The Deputy Administrator must be a citizen of the
United States and have experience in a field directly related to aviation. An
officer on active duty in an armed force may be appointed as Deputy
Administrator. However, if the Administrator is a former regular officer of an
armed force, the Deputy Administrator may not be an officer on active duty in an
armed force, a retired regular officer of an armed force, or a former regular
officer of an armed force.

(2) The annual rate of basic pay of the Deputy
Administrator shall be set by the Secretary but shall not exceed the annual rate
of basic pay payable to the Administrator of the Federal Aviation
Administration.

(3) An officer on active duty or a retired officer
serving as Deputy Administrator is entitled to hold a rank and grade not lower
than that held when appointed as Deputy Administrator. The Deputy Administrator
may elect to receive (A) the pay provided by law for the Deputy Administrator,
or (B) the pay and allowances or the retired pay of the military grade held. If
the Deputy Administrator elects to receive the military pay and allowances or
retired pay, the Administration shall reimburse the appropriate military
department from funds available for the expenses of the Administration.

(4) The appointment and service of a member of the armed
forces as a Deputy Administrator does not affect the status, office, rank, or
grade held by that member, or a right or benefit arising from the status,
office, rank, or grade. The Secretary of a military department does not control
the member when the member is carrying out duties and powers of the Deputy
Administrator.

(e) The Administrator and the Deputy Administrator may
not have a pecuniary interest in, or own stock in or bonds of, an aeronautical
enterprise, or engage in another business, vocation, or employment.

(f) Authority of the Secretary and the
Administrator.—

(1) Authority of the
secretary.—Except as provided in paragraph (2), the Secretary of
Transportation shall carry out the duties and powers, and controls the personnel
and activities, of the Administration. Neither the Secretary nor the
Administrator may submit decisions for the approval of, or be bound by the
decisions or recommendations of, a committee, board, or organization established
by executive order.

(2) Authority of the
administrator.—The Administrator—

(A) is the final authority for carrying out all
functions, powers, and duties of the Administration relating to—

(i) the appointment and employment of all officers
and employees of the Administration (other than Presidential and political
appointees);

(ii) the acquisition and maintenance of property,
services, and equipment of the Administration;

(iii) except as otherwise provided in paragraph (3),
the promulgation of regulations, rules, orders, circulars, bulletins, and other
official publications of the Administration; and

(iv) any obligation imposed on the Administrator, or
power conferred on the Administrator, by the Air Traffic Management 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 the appointment and qualifications of any officer or employee of
the Administration to be appointed by the President 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, unless such delegation is
prohibited by law; and

(D) except as otherwise provided for in this title,
and notwithstanding any other provision of law, shall not be required to
coordinate, submit for approval or concurrence, or seek the advice or views of
the Secretary or any other officer or employee of the Department of
Transportation on any matter with respect to which the Administrator is the
final authority.

(3) Regulations.—

(A) In general.—In the
performance of the functions of the Administrator and the Administration, the
Administrator is authorized to issue, rescind, 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. The Administrator
shall act upon all petitions for rulemaking no later than 6 months after the
date such petitions are filed by dismissing 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. The Administrator 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. On February 1 and August 1 of each year the Administrator
shall submit to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a letter listing each deadline the Administrator missed under this
subparagraph 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.

(B) Approval of secretary of
transportation.—(i) The Administrator may not issue a proposed
regulation or final regulation that is likely to result in the expenditure by
State, local, and tribal governments 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 the enactment of the Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century) in any year, or any regulation which is
significant, unless the Secretary of Transportation approves the issuance of the
regulation in advance. For purposes of this paragraph, a regulation is
significant if the Administrator, in consultation with the Secretary (as
appropriate), determines that the regulation is likely to—

(I) have an annual effect on the economy of
$250,000,000 or more or adversely affect in a substantial and material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal governments or
communities; or

(II) raise novel or significant legal or policy
issues arising out of legal mandates that may substantially and materially
affect other transportation modes.

(ii) In an emergency, the Administrator may issue a
regulation described in clause (i) without prior approval by the Secretary, but
any such emergency regulation is subject to ratification by the Secretary after
it is issued and shall be rescinded by the Administrator within 5 days
(excluding Saturdays, Sundays, and legal public holidays) after issuance if the
Secretary fails to ratify its issuance.

(iii) Any regulation that does not meet the criteria
of clause (i), and any regulation or other action that is a routine or frequent
action or a procedural action, may be issued by the Administrator without review
or approval by the Secretary.

(iv) The Administrator shall submit a copy of any
regulation requiring approval by the Secretary under clause (i) to the
Secretary, who shall either approve it or return it to the Administrator with
comments within 45 days after receiving it.

(C) Periodic
review.—(i) Beginning on the date which is 3 years after the date
of the enactment of the Air Traffic Management System Performance Improvement
Act of 1996, the Administrator shall review any unusually burdensome regulation
issued by the Administrator after such date of enactment beginning not later
than 3 years after the effective date of the regulation to determine if the cost
assumptions were accurate, the benefit of the regulations, and the need to
continue such regulations in force in their present form.

(ii) The Administrator may identify for review under
the criteria set forth in clause (i) unusually burdensome regulations that were
issued before the date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996 and that have been in force for more than 3
years.

(iii) For purposes of this subparagraph, the term
“unusually burdensome regulation” means any regulation that results in the
annual expenditure by State, local, and tribal governments in the aggregate, or
by the private sector, of $25,000,000 or more (adjusted annually for inflation
beginning with the year following the date of the enactment of the Air Traffic
Management System Performance Act of 1996) in any year.

(iv) The periodic review of regulations may be
performed by advisory committees and the Management Advisory Council established
under subsection (p).

(4) Definition of political
appointee.—For purposes of this subsection, the term “political
appointee” means any individual who—

(A) is employed in a position listed in sections
5312 through 5316 of title 5 (relating to the Executive Schedule);

(B) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive Service, as defined
under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5;
or

(C) is employed in a position in the executive
branch of the Government of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations.

(g) Duties and Powers of
Administrator.—(1) Except as provided in paragraph (2) of this
subsection, the Administrator shall carry out—

(A) duties and powers of the Secretary of
Transportation under subsection (f) of this section related
to aviation safety (except those related to transportation, packaging, marking,
or description of hazardous 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 Director of Intelligence and Security by section 44931 1 of this title.

(h) Section 40101(d) of this title applies to duties and
powers 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 chapter 9
of title 5. A decision of the Administrator in carrying out those duties or
powers is administratively final.

(i) The Deputy Administrator shall carry out duties and
powers prescribed by the Administrator. The Deputy Administrator acts for the
Administrator when the Administrator is absent or unable to serve, or when the
office of the Administrator is vacant.

(j) There is established within the Federal Aviation
Administration 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
Operations.—

(1) Salaries, operations, and
maintenance.—There is authorized to be appropriated to the
Secretary of Transportation for salaries, operations, and maintenance of the
Administration—

(A) $7,591,000,000 for fiscal year 2004;

(B) $7,732,000,000 for fiscal year 2005;

(C) $7,889,000,000 for fiscal year 2006;

(D) $8,064,000,000 for fiscal year 2007;

(E) $9,042,467,000 for fiscal year 2009;

(F) $9,350,028,000 for fiscal year 2010;

(G) $9,514,000,000 for fiscal year 2011; and

(H) $3,197,315,080 for the period beginning on
October 1, 2011, and ending on January 31, 2012.

Such sums shall remain available until
expended.

(2) Authorized
expenditures.—Out of amounts appropriated under paragraph (1),
the following expenditures are authorized:

(A) Such sums as may be necessary for fiscal years
2004 through 2007 to support infrastructure systems development 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 procedures 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 facilitate the takeoff, flight, and landing of
tiltrotor aircraft and to improve the national airspace system by separating
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 Development of the Federal
Aviation Administration to operate training courses and to support associated
student travel for both residential and field courses.

(E) Such sums as may be necessary for fiscal years
2004 through 2007 to carry out and expand the Air Traffic Control Collegiate
Training Initiative.

(F) Such sums as may be necessary for fiscal years
2004 through 2007 for the completion of the Alaska aviation safety project with
respect to the 3 dimensional mapping of Alaska's main aviation corridors.

(G) Such sums as may be necessary for fiscal years
2004 through 2007 to carry out the Aviation Safety Reporting System.

(l) Personnel and
Services.—

(1) Officers and
employees.—Except as provided in subsections (a) and (g) of
section 40122, the Administrator is authorized, in the performance of the
functions of the Administrator, to appoint, transfer, and fix the compensation
of such officers and employees, including attorneys, as may be necessary to
carry out the functions of the Administrator and the Administration. In fixing
compensation and benefits of officers and employees, the Administrator shall not
engage in any type of bargaining, except to the extent provided for in section
40122(a), nor shall the Administrator be bound by any requirement to establish
such compensation or benefits at particular levels.

(2) Experts and
consultants.—The Administrator is authorized to obtain the
services of experts and consultants in accordance with section 3109 of title
5.

(3) Transportation and per diem
expenses.—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
agencies.—The Administrator is authorized to utilize the services
of personnel of any other Federal agency (as such term is defined under section
551(1) of title 5).

(5) Voluntary
services.—

(A) General rule.—In
exercising the authority to accept gifts and voluntary services under section
326 of this title, and without regard to section 1342 of title 31, the
Administrator may not accept voluntary and uncompensated services if such
services are used to displace Federal employees employed on a full-time,
part-time, or seasonal basis.

(B) Incidental
expenses.—The Administrator 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
employees.—An individual who provides voluntary services under
this subsection shall not be considered a Federal employee for any purpose other
than for purposes of chapter 81 of title 5, relating to compensation for work
injuries, and chapter 171 of title 28, relating to tort claims.

(6) Contracts.—The
Administrator is authorized to enter into and perform such contracts, 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, cooperative 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.

(m) Cooperation by
Administrator.—With the consent of appropriate officials, the
Administrator 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 Administrator may also cooperate with appropriate officials of other public
and private agencies 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 Federal agency available to the Administrator. The head of
a Federal agency is authorized, notwithstanding any other provision of law, to
transfer to or to receive from the Administration, without reimbursement,
supplies, personnel, services, and equipment other than administrative supplies
or equipment.

(n) Acquisition.—

(1) In general.—The
Administrator is authorized—

(A) to acquire (by purchase, lease, condemnation, or
otherwise), construct, improve, repair, operate, and maintain—

(i) air traffic control facilities and
equipment;

(ii) research and testing sites and facilities;
and

(iii) such other real and personal property
(including office space and patents), or any interest therein, within and
outside the continental United States as the Administrator considers
necessary;

(B) to lease to others such real and personal
property; and

(C) to provide by contract or otherwise for eating
facilities and other necessary facilities for the welfare of employees of the
Administration at the installations of the Administration, 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 appropriated 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 and Air
Traffic Services Board.—

(1)
Establishment.—Within 3 months after the date of
the enactment of the Air Traffic Management System Performance Improvement Act
of 1996, the Administrator shall establish an advisory council which shall be
known as the Federal Aviation Management Advisory Council (in this subsection
referred to as the “Council”). With respect to Administration management,
policy, spending, funding, and regulatory matters affecting the aviation
industry, the Council may submit comments, recommended modifications, and
dissenting views to the Administrator. The Administrator shall include in any
submission to Congress, the Secretary, or the general public, and in any
submission for publication in the Federal Register, a description of the
comments, recommended modifications, and dissenting views received from the
Council, together with the reasons for any differences between the views of the
Council and the views or actions of the Administrator.

(2) Membership.—The
Council shall consist of 13 members, who shall consist of—

(A) a designee of the Secretary of
Transportation;

(B) a designee of the Secretary of Defense;

(C) 10 members representing aviation interests,
appointed by—

(i) in the case of initial appointments to the
Council, the President by and with the advice and consent of the Senate, except
that initial appointments made after May 1, 2003, shall be made by the Secretary
of Transportation; and

(ii) in the case of subsequent appointments to the
Council, the Secretary of Transportation; and

(D) 1 member appointed, from among individuals who
are the leaders of their respective unions of air traffic
control system employees, by the Secretary of Transportation.

(3) Qualifications.—No
officer or employee of the United States Government may be appointed to the
Council under paragraph (2)(C) or to the Air Traffic Services Committee.

(4) Functions.—

(A) In general.—(i) The
Council shall provide advice and counsel to the Administrator on issues which
affect or are affected by the operations of the Administrator. The Council shall
function as an oversight resource for management, policy, spending, and
regulatory matters under the jurisdiction of the Administration.

(ii) The Council shall review the rulemaking
cost-benefit analysis process and develop recommendations to improve the
analysis and ensure that the public interest is fully protected.

(iii) The Council shall review the process through
which the Administration determines to use advisory circulars and service
bulletins.

(B) Meetings.—The
Council shall meet on a regular and periodic basis or at the call of the
chairman or of the Administrator.

(C) Access to documents and
staff.—The Administration may give the Council or Air Traffic
Services Committee appropriate access to relevant documents and personnel of the
Administration, and the Administrator shall make available, consistent with the
authority to withhold commercial and other proprietary information under section
552 of title 5 (commonly known as the “Freedom of Information Act”), cost data
associated with the acquisition and operation of air traffic service systems.
Any member of the Council or Air Traffic Services Committee who receives
commercial or other proprietary data from the Administrator shall be subject to
the provisions of section 1905 of title 18, pertaining to unauthorized
disclosure of such information.

(5) Federal advisory committee act not
to apply.—The Federal Advisory Committee Act (5 U.S.C. App.) does
not apply to the Council, the Air Traffic Services Committee, or such aviation
rulemaking committees as the Administrator shall designate.

(6) Administrative
matters.—

(A) Terms of members appointed under
paragraph (2)(c).—Members of the Council appointed under
paragraph (2)(C) shall be appointed for a term of 3 years. Of the members first
appointed by the President under paragraph (2)(C)—

(i) 3 shall be appointed for terms of 1 year;

(ii) 4 shall be appointed for terms of 2 years;
and

(iii) 3 shall be appointed for terms of 3
years.

(B) Term for air traffic control
representative.—The member appointed under paragraph (2)(D) 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 paragraph
(2)(D).

(C) Terms for air traffic services
committee members.—The members appointed to the Air Traffic
Services Committee shall be appointed for a term of 5 years, except that 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).

(D) Reappointment.—An
individual may not be appointed to the Committee to more than two 5-year
terms.

(E) Vacancy.—Any
vacancy on the Council or Committee shall be filled in the same manner as the
original appointment, except that any vacancy caused by a member appointed by
the President under paragraph (2)(C)(i) shall be filled by the Secretary in
accordance with paragraph (2)(C)(ii). Any member appointed to fill a vacancy
occurring before the expiration of the term for which the member's predecessor
was appointed shall be appointed for the remainder of that term.

(F) Continuation in
office.—A member of the Council or Committee whose term expires
shall continue to serve until the date on which the member's successor takes
office.

(G) Removal.—Any member
of the Council appointed under paragraph (2)(D) may be removed for cause by the
President or Secretary whoever makes the appointment. Any member of the
Committee may be removed for cause by the Secretary.

(H) Claims against members of
committee.—

(i) In general.—A
member appointed to the Committee shall have no personal liability under Federal
law with respect to any claim arising out of or resulting from an act or
omission by such member within the scope of service as a member of the
Committee.

(ii) Effect on other
law.—This subparagraph shall not be construed—

(I) to affect any other immunity or protection that
may be available to a member of the Subcommittee under applicable law with
respect to such transactions;

(II) to affect any other right or remedy against the
United States under applicable law; or

(III) to limit or alter in any way the immunities
that are available under applicable law for Federal officers and
employees.

(I) Ethical
considerations.—

(i) Financial
disclosure.—During the entire period that an individual is
serving as a member of the Committee, such individual shall be treated as
serving as an officer or employee referred to in section 101(f) of the Ethics in
Government Act of 1978 for purposes of title I of such Act; except that section
101(d) of such Act shall apply without regard to the number
of days of service in the position.

(ii) Restrictions on
post-employment.—For purposes of section 207(c) of title 18, an
individual who is a member of the Committee shall be treated as an employee
referred to in section 207(c)(2)(A)(i) of such title during the entire period
the individual is a member of the Committee; except that subsections (c)(2)(B)
and (f) of section 207 of such title shall not apply.

(J) Chairman; vice
chairman.—The Council shall elect a chair and a vice chair from
among the members appointed under paragraph (2)(C), each of whom shall serve for
a term of 1 year. The vice chair shall perform the duties of the chairman in the
absence of the chairman.

(K) Travel and per
diem.—Each member of the Council or Committee shall be paid
actual travel expenses, and per diem in lieu of subsistence expenses when away
from his or her usual place of residence, in accordance with section 5703 of
title 5.

(L) Detail of personnel from the
administration.—The Administrator shall make available to the
Council or Committee such staff, information, and administrative services and
assistance as may reasonably be required to enable the Council or Committee to
carry out its responsibilities under this subsection.

(7) Air traffic services
committee.—

(A) Establishment.—The
Administrator shall establish a committee that is independent of the Council by
converting the Air Traffic Services Subcommittee of the Council, as in effect on
the day before the date of enactment of the Vision 100—Century of Aviation
Reauthorization Act, into such committee. The committee shall be known as the
Air Traffic Services Committee (in this subsection referred to as the
“Committee”).

(B) Membership and
qualifications.—Subject to paragraph (6)(C), the Committee shall
consist of five members, one of whom shall be the Administrator and shall serve
as chairperson. The remaining members shall be appointed by the President with
the advice and consent of the Senate and—

(i) shall have a fiduciary responsibility to
represent the public interest;

(ii) shall be citizens of the United States; and

(iii) shall be appointed without regard to political
affiliation and solely on the basis of their professional experience and
expertise in one or more of the following areas and, in the aggregate, should
collectively bring to bear expertise in all of the following areas:

(I) Management of large service organizations.

(II) Customer service.

(III) Management of large procurements.

(IV) Information and communications technology.

(V) Organizational development.

(VI) Labor relations.

(C) Prohibitions on members of
committee.—No member of the Committee may—

(i) have a pecuniary interest in, or own stock in or
bonds of, an aviation or aeronautical enterprise, except an interest in a
diversified mutual fund or an interest that is exempt from the application of
section 208 of title 18;

(ii) engage in another business related to aviation
or aeronautics; or

(iii) be a member of any organization that engages,
as a substantial part of its activities, in activities to influence
aviation-related legislation.

(D) General
responsibilities.—

(i) Oversight.—The
Committee shall oversee the administration, management, conduct, direction, and
supervision of the air traffic control system.

(ii)
Confidentiality.—The Committee shall ensure that
appropriate confidentiality is maintained in the exercise of its duties.

(E) Specific
responsibilities.—The Committee shall have the following specific
responsibilities:

(i) Strategic plans.—To
review, approve, and monitor the strategic plan for the air traffic control
system, including the establishment of—

(I) a mission and objectives;

(II) standards of performance relative to such
mission and objectives, including safety, efficiency, and productivity; and

(III) annual and long-range strategic plans.

(ii) Modernization and
improvement.—To review and approve—

(I) methods to accelerate air traffic control
modernization and improvements in aviation safety related to air traffic
control; and

(II) procurements of air traffic control equipment
in excess of $100,000,000.

(iii) Operational
plans.—To review the operational functions of the air traffic
control system, including—

(I) plans for modernization of the air traffic
control system;

(II) plans for increasing productivity or
implementing cost-saving measures; and

(III) plans for training and education.

(iv)
Management.—To—

(I) review and approve the Administrator's
appointment of a Chief Operating Officer under section 106(r);

(II) review the Administrator's selection,
evaluation, and compensation of senior executives of the Administration who have
program management responsibility over significant functions of the air traffic
control system;

(III) review and approve the Administrator's plans
for any major reorganization of the Administration that would impact on the
management of the air traffic control system;

(IV) review and approve the Administrator's cost
accounting and financial management structure and technologies to help ensure
efficient and cost-effective air traffic control operation; and

(V) review the performance and compensation of
managers responsible for major acquisition projects, including the ability of
the managers to meet schedule and budget targets.

(v) Budget.—To—

(I) review and make recommendations on the budget
request of the Administration related to the air traffic control system prepared
by the Administrator;

(II) submit such budget recommendations to the
Secretary; and

(III) base such budget recommendations on the annual
and long-range strategic plans.

(F) Committee personnel matters and
expenses.—

(i) Personnel
matters.—The Committee may appoint and terminate for purposes of
employment by the Committee any personnel that may be necessary to enable the
Committee to perform its duties, and may procure temporary and intermittent
services under section 40122.

(ii) Travel
expenses.—Each member of the Committee shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5, United States
Code.

(G) Administrative
matters.—

(i) Powers of
chair.—Except as otherwise provided by a majority vote of the
Committee, the powers of the chairperson shall include—

(I) establishing committees;

(II) setting meeting places and times;

(III) establishing meeting agendas; and

(IV) developing rules for the conduct of
business.

(ii) Meetings.—The
Committee shall meet at least quarterly and at such other times as the
chairperson determines appropriate.

(iii) Quorum.—Three
members of the Committee shall constitute a quorum. A majority of members
present and voting shall be required for the Committee to take action.

(H) Reports.—

(i) Annual.—The
Committee shall each year report with respect to the conduct of its
responsibilities under this title to the Secretary, the Committee on
Transportation and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate.

(ii) Additional
report.—If a determination by the Committee under subparagraph
(D)(i) that the organization and operation of the air traffic control system are
not allowing the Administration to carry out its mission, the Committee shall
report such determination to the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.

(iii) Action of administrator on
report.—Not later than 60 days after the date of a report of the
Committee under this subparagraph, the Administrator shall take action with
respect to such report. If the Administrator overturns a recommendation of the
Committee, the Administrator shall report such action to the President, the
Committee on Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of the Senate.

(iv) Comptroller general's
report.—Not later than April 30, 2003, the Comptroller General of
the United States shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the success of the
Committee in improving the performance of the air traffic control system.

(I)
Authorization.—There are authorized to be
appropriated to the Committee such sums as may be necessary for the Committee to
carry out its activities.

(8) Air traffic control system
defined.—In this section, the term “air traffic control system”
has the meaning such term has under section 40102(a).

(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
employees.—The appointment of an Ombudsman under this subsection
shall not result in an increase 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 to be
appointed by the Administrator, with the approval of the Air Traffic Services
Committee. The Chief Operating Officer shall report directly to the
Administrator and shall be 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 Administrator, 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 Operating
Officer occurring before the expiration of the term for which the individual's
predecessor was appointed shall be appointed for the remainder of that
term.

(2) Compensation.—

(A) In general.—The
Chief Operating Officer shall be paid at an annual rate of basic pay to be
determined by the Administrator, with the approval of the Air Traffic Services
Committee. The annual rate may not exceed the annual compensation paid under
section 102 of title 3. The Chief Operating Officer shall be subject 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 described in paragraph
(3).

(3) Annual performance
agreement.—The Administrator and the Chief Operating Officer, in
consultation with the Air Traffic Services Committee, shall enter into an annual
performance agreement that sets forth measurable organization and individual
goals for the Chief Operating Officer in key operational areas. The agreement
shall be subject to review and renegotiation on an annual basis.

(4) Annual performance
report.—The Chief Operating Officer shall prepare and transmit to
the Secretary of Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate an annual management report containing
such information as may be prescribed by the Secretary.

(5)
Responsibilities.—The Administrator may delegate to
the Chief Operating Officer, or any other authority within the Administration
responsibilities, including the following:

(A) Strategic plans.—To
implement the strategic plan of the Administration for the air traffic control
system in order to further—

(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; and

(iv) methods of the Administration to accelerate air
traffic control modernization and improvements in aviation safety related to air
traffic control.

(B) Operations.—To
oversee the day-to-day operational functions of the Administration for air
traffic control, including—

(i) modernization of the air traffic control
system;

(ii) increasing productivity or implementing
cost-saving measures;

(iii) training and education; and

(iv) the management of cost-reimbursable
contracts.

(C) Budget.—To—

(i) develop a budget request of the Administration
related to the air traffic control system;

(ii) submit such budget request to the Administrator
and the Committee; and

(iii) ensure that the budget request supports the
agency's annual and long-range strategic plans for air traffic control
services.

(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.)

Historical and Revision
Notes
Pub. L. 97–449

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

106(a)

49:1341(a) (1st sentence).

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 sentence), (b) (1st sentence less 1st–10th
words).

49:1342(a) (1st sentence), (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 sentence 1st–10th words, 2d sentence).

49:1652(e)(2) (related to Administrator).

106(d)

49:1342(b) (1st sentence 1st–11th words, 2d sentence,
4th–6th sentences).

49:1652(e)(2) (1st sentence less Administrator).

49:1343(a)(2) (related to Deputy Administrator).

Aug. 23, 1958, Pub. L. 85–726, §302(c)(2) (related to
Deputy Administrator), 72 Stat. 745.

106(e)

49:1341(b) (less 1st, 2d sentences).

49:1342(b) (3d sentence).

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 sentence proviso).

Oct. 15, 1966, Pub. L. 89–670, §6(c)(1) (1st sentence
proviso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. 93–633,
§113(d), 88 Stat. 2163.

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 chapter 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 consistency. 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 sentence)
is omitted as executed.

In subsection (d)(1), the words “Nothing in this chapter or
other law shall preclude” in 49:1342(b) (4th sentence) are omitted as
unnecessary because of the positive 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 Deputy 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 allowance)” are omitted as being within the
meaning of “allowance” 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 substituted for “may occupy or hold”
to eliminate unnecessary words. The words “right or benefit” are substituted for
“emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary
words. The words “incident to or” before “arising” are omitted as surplus.

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 “administratively final” are omitted as unnecessary
because of the restatement of the revised title and those laws giving 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 conform 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.

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 the enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century, referred to in subsec.
(f)(3)(B)(i), is the date of enactment of Pub. L. 106–181, which was approved
Apr. 5, 2000.

The date of the enactment of the Air Traffic Management
System Performance Improvement Act of 1996, referred to in subsecs. (f)(3)(C),
(o), and (p)(1), is the date of enactment of Pub. L. 104–264, which was
approved Oct. 9, 1996.

Section 44931 of this title, referred to in subsec. (g)(2),
was repealed by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat.
603.

The Federal Advisory Committee Act, referred to in subsec.
(p)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the
Appendix to Title 5, Government Organization and Employees.

The date of enactment of the Vision 100—Century of Aviation
Reauthorization Act, referred to in subsec. (p)(6)(C), (7)(A), is the date of
enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

The Ethics in Government Act of 1978, referred to in subsec.
(p)(6)(I)(i), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title I of the
Act is set out in the Appendix to Title 5, Government Organization and
Employees. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95–521
in the Appendix to Title 5 and Tables.

Amendments

2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added
subpars. (G) and (H).

2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended
subpar. (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 October 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 October 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 follows: “$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 follows:

“(1) In general.—There is
authorized to be appropriated to the Secretary of Transportation for operations
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 obligations in the
International Civil Aviation Organization, additional inspectors to enhance air
cargo security programs, and improved training programs for airport security
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 members, who” in introductory
provisions.

Subsec. (p)(2)(C)(i). Pub. L. 108–176, §201(2)(B), inserted
“, except that initial appointments made after May 1, 2003, shall be made
by the Secretary of Transportation” after “Senate”.

Subsec. (p)(2)(C)(ii). Pub. L. 108–176, §201(2)(C)(ii),
substituted “; and” for semicolon at end.

Subsec. (p)(2)(D). Pub. L. 108–176, §201(2)(D), substituted
“employees, by the Secretary of Transportation.” for “employees, by—

“(i) in the case of initial appointments to the Council,
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 appointed by the Secretary after
consultation with the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, 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 qualifications 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 appointed”, “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 appointed 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 struck out “appointed under
paragraph (2)(E)” before “may be removed”.

Subsec. (p)(6)(H). Pub. L. 108–176, §202(9)(A), substituted
“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), substituted
“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), substituted
“who is a member of the Committee” for “appointed 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
subcommittee (in this paragraph referred to as the ‘Subcommittee’) 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), substituted
“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 Aviation 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),
substituted “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.—Notwithstanding clause (i), the chairperson of the
Subcommittee 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 section 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), substituted
“Committee” for “Subcommittee” wherever appearing, redesignated cls. (ii) to
(iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as
follows: “Term of chair.—The members of the
Subcommittee 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), redesignated
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 Council”.

Subsec. (p)(7)(H)(ii). Pub. L. 108–176, §202(14)(L),
substituted “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
“Committee 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),
substituted “Air Traffic Services Committee” for “Air Traffic Services
Subcommittee of the Aviation Management 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 Control Subcommittee of the
Aviation Management Advisory 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 Transportation
of the Senate” for “Transportation and Congress”.

Subsec. (r)(5)(A). Pub. L. 108–176, §203(5), in introductory
provisions substituted “implement the” for “develop a” and “in order to further”
for “, including the establishment of”.

Subsec. (r)(5)(B). Pub. L. 108–176, §203(6)(A), substituted
“oversee the day-to-day operational functions of the Administration for air
traffic control,” for “review 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 control system”.

Subsec. (r)(5)(C)(ii). Pub. L. 108–176, §203(8), substituted
“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 subparagraph (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 Administrator. 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
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a letter listing each deadline the Administrator missed under this
subparagraph 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
introductory provisions, substituted “$250,000,000” for “$100,000,000” and
“Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” for
“Air Traffic Management System Performance Improvement Act of 1996”.

Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, §305(1), (3),
substituted “$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 entitlements,
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 appropriated to the Secretary of Transportation for
operations 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
substitution 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
provisions 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 sentence”.

Pub. L. 104–264, §223(a)(1), substituted “Except as provided
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), inserted 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 Administrator after the
date of the enactment of this sentence 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 heading
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 transportation, packaging, marking, or
description of hazardous materials) and vested in the Secretary by section
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 section 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 fiscal 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 fiscal 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).

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.”.

Effective Date of 2003 Amendment

Pub. L. 108–176, §3, Dec. 12, 2003, 117 Stat. 2493, 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 beginning after September 30, 2003.”

Effective Date of 2000 Amendments

Pub. L. 106–528, §9, Nov. 22, 2000, 114 Stat. 2523, provided
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 beginning 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 section [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
subcommittee.—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 Subcommittee.”

Effective Date of 1997 Amendment

Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215,
provided that the amendment made by section 3(c)(3) is effective Oct. 9,
1996.

Pub. L. 105–102, §3(f), Nov. 20, 1997, 111 Stat. 2216,
provided 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

Section 3 of Pub. L. 104–264 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.—Nothing 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.”

Section 203 of title II of Pub. L. 104–264 provided that:
“The provisions of this title [enacting 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 section 45304, repealing
section 45301 of this title, and enacting 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.

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
Administration shall establish a Federal Aviation Administration 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 scholarships
under this section through a competitive process primarily on the basis of
academic merit, with consideration given to financial need and the goal of
promoting 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 individuals selected under paragraph (2) under
which the individuals agree to serve as full-time employees of the Federal
Aviation Administration, for the period described in subsection (f)(1), in
positions needed by the Federal Aviation Administration and for which the
individuals are qualified, in exchange for receiving a scholarship.

“(b) In order to be eligible to participate in the Program,
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 resident;
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).

“(c) An individual seeking a scholarship under this section
shall submit an application to the Administrator at such time, in such manner,
and containing such information, agreements, or assurances as the Administrator
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 individual 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, unless 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 expenses as established by the
Administrator by regulation.

“(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 authorized 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 Federal 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), obligated
service under paragraph (1) shall begin not later than 60 days after the
individual obtains the educational degree for which the scholarship was
provided.

“(B) The Administrator may defer the obligation of an
individual to provide a period of service under paragraph (1) if the
Administrator determines that such a deferral is appropriate. The Administrator
shall prescribe 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 Administrator 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 obligation 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 behalf under the agreement, except as
provided in subsection (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 completion 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 recipients 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 obligation of service or payment
incurred by an individual under the Program (or a contractual agreement
thereunder) whenever compliance by the individual is impossible or would involve
extreme hardship to the individual, or if enforcement of such obligation with
respect 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 Education 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 Aviation
Administration Science and Technology Scholarship 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 internships to
full-time students enrolled in an undergraduate or post-graduate program leading
to an advanced degree in an aerospace-related or aviation safety-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
Administration the abstracts relating to all research grants and awards made
with funds authorized by the amendments 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

Section 221 of Pub. L. 104–264 provided that: “Congress finds
the following:

“(1) In many respects the Administration is a unique
agency, being one of the few non-defense government agencies that operates 24
hours a day, 365 days of the year, while continuing to rely on outdated
technology to carry out its responsibilities for a state-of-the-art
industry.

“(2) Until January 1, 1996, users of the air
transportation system paid 70 percent of the budget of the Administration, with
the remaining 30 percent coming from the General Fund. The General Fund
contribution over the years is one measure of the benefit received by the
general public, military, and other users of Administration's services.

“(3) The Administration must become a more efficient,
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 receipts 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 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 effective airport expansion and system modernization,
these needs cannot be met.

“(8) Absent significant and meaningful reform, future
challenges and needs cannot be met.

“(9) The Administration must have a new way of doing
business.

“(10) There is widespread agreement within government 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 Federal
entity in that it is a participant in the daily operations 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 Administration
has the ability to keep pace with new technology and is able to match resources
with the real personnel needs of the Administration.

“(15) The existing budget system does not allow for
long-term planning or timely acquisition of technology by the
Administration.

“(16) Without reforms in the areas of procurement,
personnel, funding, and governance, the Administration will continue to
experience delays and cost overruns 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
Administration become more responsive to the needs of its customers and maintain
the highest standards of safety.”

Purposes

Section 222 of title II of Pub. L. 104–264 provided that:
“The purposes of this title [see Effective 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 Congressional
review, to establish a program to improve air traffic management system
performance and to establish appropriate levels of cost accountability for air
traffic management services provided by the Administration;

“(3) to establish a more autonomous and accountable
Administration within the Department of Transportation; 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 safety of the traveling public.”

Preservation of Existing Authority

Section 223(b) of title II of Pub. L. 104–264 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 delegation 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 Aviation Administration to develop and implement, not later than
Jan. 1, 1996, a personnel management system, exempt from most provisions of
Title 5, Government Organization and Employees, to provide for greater
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, provided that: “Hereafter, funds appropriated under
this or any other Act for expenditures by the Federal Aviation Administration
shall be available: (1) except as otherwise authorized by title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for
expenses of primary and secondary schooling for dependents 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 determined by the Secretary that the schools, if any,
available in the locality are unable to provide adequately 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.

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 efficiently 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,
acceptance 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 subchapter IV of chapter 55 of title 5, United States
Code, affects the amount of retired pay to which he is entitled 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 entitled 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 Administrator of the Federal Aviation Administration, General
Richards shall be subject to no supervision, control, restriction, 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 approval 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 retired
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.

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 Organization. (a) The Secretary of Transportation
(Secretary) shall, consistent with his legal authorities, move to establish
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 Acquisition 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 (Administrator). The Administrator may delegate responsibility
for any operational activity of the air traffic control system to the head of
the ATO. The Administrator's responsibility for general safety, security, and
policymaking functions for the National Airspace System is unaffected by this
order.

(c) The Chief Operating Officer (COO) of the Air Traffic
Control System, established by the Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (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 Management Advisory Committee, shall enter
into an annual 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 Administrator's evaluation of the COO's performance in
relation 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 statement of the mission and
objectives for the system's safety, efficiency, and productivity. This strategic
plan 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 agreement with
the Administrator that will establish the relationship of the ATO with the other
organizations of the FAA.

Sec. 2. Purpose. The
FAA's primary mission is to ensure the safety, security, and efficiency of the
National Airspace System. The purpose of this order is to enhance that mission
and further improve the delivery of air traffic services to the American public
by reorganizing the FAA's air traffic services and related offices into a
performance-based, results-oriented, organization. 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 capabilities 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 commercial space transportation providers, and
focus on producing results that satisfy the FAA's external customer needs;

(f) consult with appropriate Federal, State, and local public
agencies, including the Department of Defense and the National Aeronautics and
Space Administration, to determine the best practices for meeting the diverse
needs throughout the National Airspace System;

(g) establish strong incentives to managers for achieving
results; and

(h) formulate and recommend to the Administrator any
management, fiscal, or legislative changes necessary for the organization to
achieve its performance goals.

Sec. 3. Aviation Management
Advisory Committee. The Air Traffic Control Subcommittee of the Aviation
Management 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 effectiveness of the ATO, together
with any recommendations for management, fiscal, or legislative changes to
enable the organization to achieve its goals.

Sec. 5. Definitions.
The term “air traffic control system” has the same meaning as the term defined
by section 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
instrumentalities, its officers or employees, or any other person.

Definitions for Title II of Pub. L. 104–264

Section 202 of title II of Pub. L. 104–264 provided that: “In
this title [see Effective Date of 1996 Amendment note set out above], the
following definitions apply:

“(1) Administration.—The
term ‘Administration’ means the Federal Aviation Administration.

“(2) Administrator.—The term
‘Administrator’ means the Administrator of the Federal Aviation
Administration.

“(3) Secretary.—The term
‘Secretary’ means the Secretary of Transportation.”

1 See References in Text note below.