49 CFR Section 40101 Aviation Programs

Page 713

title is in effect, a State or political subdivision
of a State may not have a different motor vehicle theft prevention standard for a motor vehicle or major replacement part.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1093.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

33118 ..........

§ 40101

TITLE 49—TRANSPORTATION

15:2031.

Source (Statutes at Large)
Oct. 20, 1972, Pub. L. 92–513,
86 Stat. 947, § 614; added
Oct. 25, 1984, Pub. L.
98–547, § 101(a), 98 Stat.
2763; Oct. 25, 1992, Pub. L.
102–519, § 306(a), 106 Stat.
3397.

1997—Pub. L. 105–102, § 2(20), Nov. 20, 1997, 111 Stat.
2205, substituted ‘‘PUBLIC AIRPORTS’’ for ‘‘RESERVED’’ in item for part D and added item for chapter 491.
1996—Pub. L. 104–287, § 5(64), Oct. 11, 1996, 110 Stat.
3395, substituted ‘‘RESERVED’’ for ‘‘MISCELLANEOUS’’ in item for part D, struck out item for chapter
491 ‘‘Buy-American Preferences’’, and added items for
part E and chapter 501.
Pub. L. 104–264, title II, § 277(b), Oct. 9, 1996, 110 Stat.
3248, added item for chapter 482.

PART A—AIR COMMERCE AND SAFETY
SUBPART I—GENERAL

CHAPTER 401—GENERAL PROVISIONS
Sec.

The words ‘‘may not have’’ are substituted for ‘‘no
. . . shall have any authority either to establish, or to
continue in effect’’ to eliminate unnecessary words.

40101.
40102.
40103.
40104.

SUBTITLE VII—AVIATION
PROGRAMS

40105.

PART A—AIR COMMERCE AND SAFETY
SUBPART I—GENERAL
Chapter

Sec.

401.

General Provisions ............................. 40101

411.
413.
415.
417.
419.
421.

Air Carrier Certificates .....................
Foreign Air Transportation ..............
Pricing ...................................................
Operations of Carriers .......................
Transportation of Mail ......................
Labor-Management Provisions ........

441.

Registration and Recordation of
Aircraft ...............................................
Insurance ..............................................
Facilities, Personnel, and Research
Safety Regulation ................................
Security .................................................
Alcohol and Controlled Substances
Testing ................................................
Fees .........................................................

SUBPART II—ECONOMIC REGULATION

41101
41301
41501
41701
41901
42101

SUBPART III—SAFETY

443.
445.
447.
449.
451.
453.

44101
44301
44501
44701
44901

40120.
40121.
40122.
40123.

Investigations and Proceedings ...... 46101
Penalties ................................................ 46301
Special Aircraft Jurisdiction of the
United States .................................... 46501

40127.
40128.
40129.

471.
473.
475.

Airport Development ......................... 47101
International Airport Facilities ...... 47301
Noise ....................................................... 47501

481.

Airport and Airway Trust Fund Authorizations ....................................... 48101
Advance Appropriations for Airport and Airway Trust Facilities 48201
Aviation Security Funding ............... 48301

PART C—FINANCING

483.

40113.
40114.
40115.
40116.
40117.
40118.
40119.

40124.
40125.
40126.

PART B—AIRPORT DEVELOPMENT AND NOISE

482.

40112.

45101
45301

SUBPART IV—ENFORCEMENT AND PENALTIES

461.
463.
465.

40106.
40107.
40108.
40109.
40110.
40111.

PART D—PUBLIC AIRPORTS

491.

METROPOLITAN
WASHINGTON
AIRPORTS ......................................... 49101

501.

Buy-American Preferences ............... 50101

PART E—MISCELLANEOUS

AMENDMENTS
2001—Pub. L. 107–71, title I, § 118(c)(2), Nov. 19, 2001,
115 Stat. 628, added item for chapter 483.

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

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

§ 40101. Policy
(a) ECONOMIC REGULATION.—In carrying out
subpart II of this part and those provisions of
subpart IV applicable in carrying out subpart II,

§ 40101

TITLE 49—TRANSPORTATION

the Secretary of Transportation shall consider
the following matters, among others, as being in
the public interest and consistent with public
convenience and necessity:
(1) assigning and maintaining safety as the
highest priority in air commerce.
(2) before authorizing new air transportation
services, evaluating the safety implications of
those services.
(3) preventing deterioration in established
safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in
air transportation and air commerce, and to
maintain the safety vigilance that has evolved
in air transportation and air commerce and
has come to be expected by the traveling and
shipping public.
(4) the availability of a variety of adequate,
economic, efficient, and low-priced services
without unreasonable discrimination or unfair
or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential
competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits
and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs
of the public and in which decisions are
reached promptly to make it easier to adapt
the air transportation system to the present
and future needs of—
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major
urban areas through secondary or satellite airports if consistent with regional airport plans
of regional and local authorities, and if endorsed by appropriate State authorities—
(A) encouraging the transportation by air
carriers that provide, in a specific market,
transportation exclusively at those airports;
and
(B) fostering an environment that allows
those carriers to establish themselves and
develop secondary or satellite airport services.
(9) preventing unfair, deceptive, predatory,
or anticompetitive practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that
would tend to allow at least one air carrier or
foreign air carrier unreasonably to increase
prices, reduce services, or exclude competition
in air transportation.
(11) maintaining a complete and convenient
system of continuous scheduled interstate air
transportation for small communities and iso-

Page 714

lated areas with direct financial assistance
from the United States Government when appropriate.
(12) encouraging, developing, and maintaining an air transportation system relying on
actual and potential competition—
(A) to provide efficiency, innovation, and
low prices; and
(B) to decide on the variety and quality of,
and determine prices for, air transportation
services.
(13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small
air carriers to ensure a more effective and
competitive airline industry.
(14) promoting, encouraging, and developing
civil aeronautics and a viable, privately-owned
United States air transport industry.
(15) strengthening the competitive position
of air carriers to at least ensure equality with
foreign air carriers, including the attainment
of the opportunity for air carriers to maintain
and increase their profitability in foreign air
transportation.
(16) ensuring that consumers in all regions of
the United States, including those in small
communities and rural and remote areas, have
access to affordable, regularly scheduled air
service.
(b) ALL-CARGO AIR
ATIONS.—In carrying

TRANSPORTATION CONSIDERout subpart II of this part
and those provisions of subpart IV applicable in
carrying out subpart II, the Secretary of Transportation shall consider the following matters,
among others and in addition to the matters referred to in subsection (a) of this section, as
being in the public interest for all-cargo air
transportation:
(1) encouraging and developing an expedited
all-cargo air transportation system provided
by private enterprise and responsive to—
(A) the present and future needs of shippers;
(B) the commerce of the United States;
and
(C) the national defense.
(2) encouraging and developing an integrated
transportation system relying on competitive
market forces to decide the extent, variety,
quality, and price of services provided.
(3) providing services without unreasonable
discrimination, unfair or deceptive practices,
or predatory pricing.

(c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out
subpart III, the Administrator of the Federal
Aviation Administration shall consider the following matters:
(1) the requirements of national defense and
commercial and general aviation.
(2) the public right of freedom of transit
through the navigable airspace.
(d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying out subpart III of this part and
those provisions of subpart IV applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others,
as being in the public interest:

Page 715

§ 40101

TITLE 49—TRANSPORTATION

(1) assigning, maintaining, and enhancing
safety and security as the highest priorities in
air commerce.
(2) regulating air commerce in a way that
best promotes safety and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new aviation technology.
(4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the
safety and efficiency of both of those operations.
(5) consolidating research and development
for air navigation facilities and the installation and operation of those facilities.
(6) developing and operating a common system of air traffic control and navigation for
military and civil aircraft.
(7) providing assistance to law enforcement
agencies in the enforcement of laws related to
regulation of controlled substances, to the extent consistent with aviation safety.
(e) INTERNATIONAL AIR TRANSPORTATION.—In
formulating United States international air
transportation policy, the Secretaries of State
and Transportation shall develop a negotiating
policy emphasizing the greatest degree of competition compatible with a well-functioning
international air transportation system, including the following:
(1) strengthening the competitive position of
air carriers to ensure at least equality with
foreign air carriers, including the attainment
of the opportunity for air carriers to maintain
and increase their profitability in foreign air
transportation.
(2) freedom of air carriers and foreign air
carriers to offer prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air transportation.
(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond
quickly to a shift in market demand.
(5) eliminating operational and marketing
restrictions to the greatest extent possible.
(6) integrating domestic and international
air transportation.
(7) increasing the number of nonstop United
States gateway cities.
(8) opportunities for carriers of foreign countries to increase their access to places in the
United States if exchanged for benefits of
similar magnitude for air carriers or the traveling public with permanent linkage between
rights granted and rights given away.
(9) eliminating discrimination and unfair
competitive practices faced by United States
airlines in foreign air transportation, including—
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge;
and
(E) similar restrictive practices.

(10) promoting, encouraging, and developing
civil aeronautics and a viable, privately-owned
United States air transport industry.
(f) STRENGTHENING COMPETITION.—In selecting
an air carrier to provide foreign air transportation from among competing applicants, the
Secretary of Transportation shall consider, in
addition to the matters specified in subsections
(a) and (b) of this section, the strengthening of
competition among air carriers operating in the
United States to prevent unreasonable concentration in the air carrier industry.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1094;
Pub. L. 104–264, title IV, § 401(a), Oct. 9, 1996, 110
Stat. 3255; Pub. L. 106–181, title II, § 201, Apr. 5,
2000, 114 Stat. 91.)
HISTORICAL AND REVISION NOTES
Revised
Section
40101(a) ......

Source (U.S. Code)
49 App.:1302(a).

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

40101(b) ......

49 App.:1302(b).

40101(c) ......

49 App.:1551(b)(1)(E).
49 App.:1347.
49 App.:1655(c)(1).

40101(d) ......

49 App.:1303.

40101(e) ......

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

40101(f) .......

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

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 102(a), 72 Stat. 740; Nov.
9, 1977, Pub. L. 95–163,
§ 16(b)(1), (2), 91 Stat. 1284;
Oct. 24, 1978, Pub. L.
95–504, § 3(a), 92 Stat. 1705;
restated Feb. 15, 1980, Pub.
L. 96–192, § 2, 94 Stat. 35.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 102(b); added
Nov. 9, 1977, Pub. L. 95–163,
§ 16(b)(3), 91 Stat. 1284.
Aug. 23, 1958, Pub. L. 85–726,
§ 306, 72 Stat. 749.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 103, 72 Stat. 740; Nov. 18,
1988, Pub. L. 100–690,
§ 7202(b), 102 Stat. 4424.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1102(b);
added Feb. 15, 1980, Pub.
L. 96–192, § 17, 94 Stat. 42.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 102(c); added
Oct. 31, 1992, Pub. L.
102–581, § 205, 106 Stat.
4894.

In this part, the words ‘‘overseas air commerce’’ and
‘‘overseas air transportation’’ are omitted as obsolete
because there no longer is a distinction in economic or
safety regulation between ‘‘interstate’’ and ‘‘overseas’’
air commerce or air transportation.
In this section, the words ‘‘In carrying out . . . this
part’’ are substituted for ‘‘In the exercise and performance of its powers and duties under this chapter’’ in 49
App.:1302(a), ‘‘In the exercise and performance of his
powers and duties under this chapter’’ in 49 App.:1303,
and ‘‘In exercising the authority granted in, and discharging the duties imposed by, this chapter’’ in 49
App.:1347 for consistency in the revised title and to
eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II
is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), the Civil Aeronautics Board
was given responsibility for economic issues.
In subsection (a)(2), the word ‘‘full’’ is omitted as surplus. The words ‘‘the recommendations of the Secretary of Transportation on’’ are omitted as obsolete
because the Secretary carries out 49 App.:1302(a). The
words ‘‘and full evaluation of any report or recommendation submitted under section 1307 of this Appendix’’ are omitted as obsolete because the report and
recommendations are no longer required.

§ 40101

TITLE 49—TRANSPORTATION

In subsection (a)(4), the words ‘‘by air carriers and
foreign air carriers’’ are omitted as surplus. The words
‘‘unreasonable discrimination’’ are substituted for ‘‘unjust discriminations, undue preferences or advantages’’
for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words ‘‘nevertheless’’, ‘‘on
the one hand’’, and ‘‘on the other’’ are omitted as surplus.
In subsection (a)(8), before subclause (A), the word
‘‘authorities’’ is substituted for ‘‘entities’’ for consistency in the revised title and with other titles of the
Code. In subclause (A), the words ‘‘sole responsibility’’
are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words ‘‘United States’’ are
omitted as surplus because of the definition of ‘‘air carrier’’ in section 40102(a) of the revised title.
In subsection (b)(3), the words ‘‘unreasonable discrimination’’ are substituted for ‘‘unjust discriminations, undue preferences or advantages’’ for consistency
in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III
is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public
Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word ‘‘Administrator’’ in section 306 of the Federal Aviation Act of
1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words ‘‘consider the following
matters’’ are substituted for ‘‘give full consideration
to’’ for consistency in this section.
In subsection (d)(3), the word ‘‘both’’ in 49 App.:1303(c)
is omitted as surplus the first time it appears. The
words ‘‘of the United States’’ are omitted for consistency in the revised title and because of the definition
of ‘‘navigable airspace’’ in section 40102(a) of the revised title. The words ‘‘of those operations’’ are added
for clarity.
In subsection (d)(5), the word ‘‘both’’ in 49 App.:1303(e)
is omitted as surplus.
In subsection (e), before clause (1), the words ‘‘the
Congress intends that’’ are omitted as surplus. In
clauses (1) and (4), the words ‘‘United States’’ are omitted as surplus because of the definition of ‘‘air carrier’’
in section 40102(a) of the revised title. In clause (2), the
word ‘‘prices’’ is substituted for ‘‘fares and rates’’ because of the definition of ‘‘price’’ in section 40102(a). In
clause (8), the words ‘‘places in the United States’’ are
substituted for ‘‘United States points’’ for consistency
in this chapter. The word ‘‘air’’ is added for clarity and
consistency in this subtitle. In clause (9)(C), the word
‘‘unreasonable’’ is substituted for ‘‘undue’’ for consistency in the revised title and with other titles of the
United States Code.

Page 716

beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–135, § 1, Dec. 13, 2007, 121 Stat. 1450, provided that: ‘‘This Act [enacting section 44729 of this
title] may be cited as the ‘Fair Treatment for Experienced Pilots Act’.’’
Pub. L. 110–113, § 1, Nov. 8, 2007, 121 Stat. 1039, provided that: ‘‘This Act [enacting and amending provisions set out as notes under this section] may be cited
as the ‘Procedural Fairness for September 11 Victims
Act of 2007’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–297, § 1, Aug. 9, 2004, 118 Stat. 1095, provided that: ‘‘This Act [enacting section 44113 of this
title, amending sections 44107 and 44108 of this title,
and enacting provisions set out as notes under section
44101 of this title] may be cited as ‘Cape Town Treaty
Implementation Act of 2004’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–176, § 1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Vision 100—Century of Aviation
Reauthorization Act’.’’
Pub. L. 108–176, title III, § 301, Dec. 12, 2003, 117 Stat.
2533, provided that: ‘‘This title [enacting subchapter III
of chapter 471 of this title, amending sections 40104,
40128, 47106, 47503, and 47504 of this title, and enacting
provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be
cited as ‘Aviation Streamlining Approval Process Act
of 2003’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–296, title XIV, § 1401, Nov. 25, 2002, 116
Stat. 2300, provided that: ‘‘This title [enacting section
44921 of this title and section 513 of Title 6, Domestic
Security, amending sections 44903 and 44918 of this
title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as
a note under section 44903 of this title] may be cited as
the ‘Arming Pilots Against Terrorism Act’.’’
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107–71, § 1, Nov. 19, 2001, 115 Stat. 597, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Aviation and Transportation Security
Act’.’’

AMENDMENTS
2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).
1996—Subsec. (d)(1). Pub. L. 104–264, § 401(a)(1)(B),
added par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104–264, § 401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out ‘‘its development and’’ after ‘‘best promotes’’. Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104–264, § 401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted ‘‘encouraging
and developing civil aeronautics, including new aviation technology’’ for ‘‘promoting, encouraging, and developing civil aeronautics’’. Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104–264, § 401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years

SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–528, § 1, Nov. 22, 2000, 114 Stat. 2517, provided that: ‘‘This Act [amending sections 106, 41104,
44903, 44935, and 44936 of this title, enacting provisions
set out as notes under sections 106, 44903, and 44936 of
this title, and amending provisions set out as notes
under sections 40128 and 47501 of this title] may be cited
as the ‘Airport Security Improvement Act of 2000’.’’
Pub. L. 106–181, § 1(a), Apr. 5, 2000, 114 Stat. 61, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’.’’
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–6, § 1, Mar. 31, 1999, 113 Stat. 10, provided
that: ‘‘This Act [amending sections 106, 44310, 47104,
47115 to 47117, 48101, and 48103 of this title] may be cited
as the ‘Interim Federal Aviation Administration Authorization Act’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–155, § 1, Feb. 11, 1998, 112 Stat. 5, provided
that: ‘‘This Act [amending section 48102 of this title
and enacting provisions set out as a note under section

Page 717

§ 40101

TITLE 49—TRANSPORTATION

48102 of this title] may be cited as the ‘FAA Research,
Engineering, and Development Authorization Act of
1998’.’’
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–137, § 1, Dec. 2, 1997, 111 Stat. 2640, provided
that: ‘‘This Act [amending sections 40102, 44302, 44305,
44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title]
may be cited as the ‘Aviation Insurance Reauthorization Act of 1997’.’’
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of Pub. L. 104–264 provided that: ‘‘This
Act [see Tables for classification] may be cited as the
‘Federal Aviation Reauthorization Act of 1996’.’’
Section 201 of title II of Pub. L. 104–264 provided that:
‘‘This title [enacting sections 40121, 40122, 45301, 45303,
48111, and 48201 of this title, amending sections 106 and
41742 of this title, renumbering section 45303 of this
title as section 45304, repealing former section 45301 of
this title, and enacting provisions set out as notes
under this section and sections 106, 40110, and 41742 of
this title] may be cited as the ‘Air Traffic Management
System Performance Improvement Act of 1996’.’’
Section 278(a) of Pub. L. 104–264 provided that: ‘‘This
section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of
this title] may be cited as the ‘Rural Air Service Survival Act’.’’
Section 501 of title V of Pub. L. 104–264 provided that:
‘‘This title [amending sections 30305, 44936, and 46301 of
this title and enacting provisions set out as notes
under sections 30305 and 44935 of this title] may be cited
as the ‘Pilot Records Improvement Act of 1996’.’’
Section 601 of title VI of Pub. L. 104–264 provided
that: ‘‘This title [enacting section 44724 of this title]
may be cited as the ‘Child Pilot Safety Act’.’’
Section 701 of title VII of Pub. L. 104–264 provided
that: ‘‘This title [enacting sections 1136 and 41113 of
this title and provisions set out as notes under section
41113 of this title] may be cited as the ‘Aviation Disaster Family Assistance Act of 1996’.’’
Section 801 of title VIII of Pub. L. 104–264 provided
that: ‘‘This title [enacting section 47133 of this title,
amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of
this title] may be cited as the ‘Airport Revenue Protection Act of 1996’.’’
Section 1101 of title XI of Pub. L. 104–264 provided
that: ‘‘This title [amending sections 44501, 44508, and
48102 of this title] may be cited as the ‘FAA Research,
Engineering, and Development Management Reform
Act of 1996’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–305, § 1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: ‘‘This Act [enacting sections 41311, 41714,
41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713,
41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to
47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to
48104, and 48108 of this title and section 9502 of Title 26,
Internal Revenue Code, renumbering former section
47129 of this title as section 47131 of this title, enacting
provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502,
45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348
of former Title 49, Transportation] may be cited as the
‘Federal Aviation Administration Authorization Act of
1994’.’’
Pub. L. 103–305, title III, § 301, Aug. 23, 1994, 108 Stat.
1589, provided that: ‘‘This title [enacting section 47509
of this title, amending sections 44505 and 48102 of this
title, and enacting provisions set out as notes under
this section and section 49101 of this title] may be cited
as the ‘Federal Aviation Administration Research, En-

gineering,
1994’.’’

and

Development

Authorization

Act

of

FINDINGS
Pub. L. 110–113, § 2, Nov. 8, 2007, 121 Stat. 1039, provided that: ‘‘Congress finds the following:
‘‘(1) The September 11th Victims Compensation
Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101
note) establishes a Federal cause of action in the
United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent
crash of American Airlines flights 11 and 77, and
United Airlines flights 93 and 175, on September 11,
2001.
‘‘(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal
Rules of Civil Procedure [28 U.S.C. App.] effectively
limit service of a subpoena to any place within, or
within 100 miles of, the district of the court by which
it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a
subpoena at any other place.
‘‘(3) Litigating a Federal cause of action under the
September 11 Victims Compensation Fund of 2001 is
likely to involve the testimony and the production of
other documents and tangible things by a substantial
number of witnesses, many of whom may not reside,
be employed, or regularly transact business in, or
within 100 miles of, the Southern District of New
York.’’
REVITALIZATION OF AVIATION AND AERONAUTICS
Pub. L. 108–176, § 4, Dec. 12, 2003, 117 Stat. 2493, provided that: ‘‘Congress finds the following:
‘‘(1) The United States has revolutionized the way
people travel, developing new technologies and aircraft to move people more efficiently and more safely.
‘‘(2) Past Federal investment in aeronautics research and development has benefited the economy
and national security of the United States and the
quality of life of its citizens.
‘‘(3) The total impact of civil aviation on the
United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national
product and 11,000,000 jobs in the national workforce.
Civil aviation products and services generate a significant surplus for United States trade accounts, and
amount to significant numbers of the Nation’s highly
skilled, technologically qualified work force.
‘‘(4) Aerospace technologies, products, and services
underpin the advanced capabilities of our men and
women in uniform and those charged with homeland
security.
‘‘(5) Future growth in civil aviation increasingly
will be constrained by concerns related to aviation
system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption.
‘‘(6) Revitalization and coordination of the United
States efforts to maintain its leadership in aviation
and aeronautics are critical and must begin now.
‘‘(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States
and found that—
‘‘(A) aerospace will be at the core of the Nation’s
leadership and strength throughout the 21st century;
‘‘(B) aerospace will play an integral role in the
Nation’s economy, security, and mobility; and
‘‘(C) global leadership in aerospace is a national
imperative.
‘‘(8) Despite the downturn in the global economy,
projections of the Federal Aviation Administration
indicate that upwards of 1,000,000,000 people will fly
annually by 2013. Efforts must begin now to prepare
for future growth in the number of airline passengers.

§ 40101

TITLE 49—TRANSPORTATION

‘‘(9) The United States must increase its investment in research and development to revitalize the
aviation and aerospace industries, to create jobs, and
to provide educational assistance and training to prepare workers in those industries for the future.’’
REPORT ON LONG-TERM ENVIRONMENTAL IMPROVEMENTS
Pub. L. 108–176, title III, § 321, Dec. 12, 2003, 117 Stat.
2540, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation,
in consultation with the Administrator of the National
Aeronautics and Space Administration, shall conduct a
study of ways to reduce aircraft noise and emissions
and to increase aircraft fuel efficiency. The study
shall—
‘‘(1) explore new operational procedures for aircraft
to achieve those goals;
‘‘(2) identify both near-term and long-term options
to achieve those goals;
‘‘(3) identify infrastructure changes that would contribute to attainment of those goals;
‘‘(4) identify emerging technologies that might contribute to attainment of those goals;
‘‘(5) develop a research plan for application of such
emerging technologies, including new combustor and
engine design concepts and methodologies for designing high bypass ratio turbofan engines so as to minimize the effects on climate change per unit of production of thrust and flight speed; and
‘‘(6) develop an implementation plan for exploiting
such emerging technologies to attain those goals.
‘‘(b) REPORT.—The Secretary shall transmit a report
on the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 1 year after the date of enactment of
this Act [Dec. 12, 2003].
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $500,000 for
fiscal year 2004 to carry out this section.’’
REDUCTION OF NOISE AND EMISSIONS FROM CIVILIAN
AIRCRAFT
Pub. L. 108–176, title III, § 326, Dec. 12, 2003, 117 Stat.
2542, provided that:
‘‘(a) ESTABLISHMENT OF RESEARCH PROGRAM.—From
amounts made available under section 48102(a) of title
49, United States Code, the Secretary of Transportation
shall establish a research program related to reducing
community exposure to civilian aircraft noise or emissions through grants or other measures authorized
under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The program shall include participation by educational and research institutions that have existing facilities for developing and testing noise reduction engine technology.
‘‘(b) DESIGNATION OF INSTITUTE AS A CENTER OF EXCELLENCE.—The Administrator of the Federal Aviation
Administration shall designate an institution described
in subsection (a) as a Center of Excellence for Noise
and Emission Research.’’
AIR TRANSPORTATION SYSTEM JOINT PLANNING AND
DEVELOPMENT OFFICE
Pub. L. 108–176, title VII, § 709, Dec. 12, 2003, 117 Stat.
2582, provided that:
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Transportation shall establish in the Federal Aviation Administration a joint planning and development office to
manage work related to the Next Generation Air
Transportation System. The office shall be known as
the Next Generation Air Transportation System Joint
Planning and Development Office (in this section referred to as the ‘Office’).
‘‘(2) The responsibilities of the Office shall include—
‘‘(A) creating and carrying out an integrated plan
for a Next Generation Air Transportation System
pursuant to subsection (b);

Page 718

‘‘(B) overseeing research and development on that
system;
‘‘(C) creating a transition plan for the implementation of that system;
‘‘(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective
and directed programs that will result in applicable
research;
‘‘(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical
firms;
‘‘(F) coordinating the development and utilization
of new technologies to ensure that when available,
they may be used to their fullest potential in aircraft
and in the air traffic control system;
‘‘(G) facilitating the transfer of technology from research programs such as the National Aeronautics
and Space Administration program and the Department of Defense Advanced Research Projects Agency
program to Federal agencies with operational responsibilities and to the private sector; and
‘‘(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by
Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space
Administration, the Department of Commerce, and
the Department of Defense.
‘‘(3) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments
and other Federal agencies.
‘‘(4) In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including
representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.
‘‘(b) INTEGRATED PLAN.—The integrated plan shall be
designed to ensure that the Next Generation Air Transportation System meets air transportation safety, security, mobility, efficiency, and capacity needs beyond
those currently included in the Federal Aviation Administration’s operational evolution plan and accomplishes the goals under subsection (c). The integrated
plan shall include—
‘‘(1) a national vision statement for an air transportation system capable of meeting potential air traffic
demand by 2025;
‘‘(2) a description of the demand and the performance characteristics that will be required of the Nation’s future air transportation system, and an explanation of how those characteristics were derived, including the national goals, objectives, and policies
the system is designed to further, and the underlying
socioeconomic determinants, and associated models
and analyses;
‘‘(3) a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the characteristics outlined
under clause (ii) [(2)], including—
‘‘(A) the most significant technical obstacles and
the research and development activities necessary
to overcome them, including for each project, the
role of each Federal agency, corporations, and universities;
‘‘(B) the annual anticipated cost of carrying out
the research and development activities; and
‘‘(C) the technical milestones that will be used to
evaluate the activities; and
‘‘(4) a description of the operational concepts to
meet the system performance requirements for all
system users and a timeline and anticipated expenditures needed to develop and deploy the system to
meet the vision for 2025.
‘‘(c) GOALS.—The Next Generation Air Transportation System shall—

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TITLE 49—TRANSPORTATION

‘‘(1) improve the level of safety, security, efficiency, quality, and affordability of the National Airspace System and aviation services;
‘‘(2) take advantage of data from emerging groundbased and space-based communications, navigation,
and surveillance technologies;
‘‘(3) integrate data streams from multiple agencies
and sources to enable situational awareness and
seamless global operations for all appropriate users
of the system, including users responsible for civil
aviation, homeland security, and national security;
‘‘(4) leverage investments in civil aviation, homeland security, and national security and build upon
current air traffic management and infrastructure
initiatives to meet system performance requirements
for all system users;
‘‘(5) be scalable to accommodate and encourage substantial growth in domestic and international transportation and anticipate and accommodate continuing technology upgrades and advances;
‘‘(6) accommodate a wide range of aircraft operations, including airlines, air taxis, helicopters, general aviation, and unmanned aerial vehicles; and
‘‘(7) take into consideration, to the greatest extent
practicable, design of airport approach and departure
flight paths to reduce exposure of noise and emissions
pollution on affected residents.
‘‘(d) REPORTS.—The Administrator of the Federal
Aviation Administration shall transmit to the Committee on Commerce, Science, and Transportation in the
Senate and the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science and Technology] in the House of
Representatives—
‘‘(1) not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the integrated plan
required in subsection (b); and
‘‘(2) annually at the time of the President’s budget
request, a report describing the progress in carrying
out the plan required under subsection (b) and any
changes to that plan.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Office $50,000,000
for each of the fiscal years 2004 through 2010.’’
NEXT GENERATION AIR TRANSPORTATION SENIOR
POLICY COMMITTEE
Pub. L. 108–176, title VII, § 710, Dec. 12, 2003, 117 Stat.
2584, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall establish a senior policy committee to work with
the Next Generation Air Transportation System Joint
Planning and Development Office. The senior policy
committee shall be chaired by the Secretary.
‘‘(b) MEMBERSHIP.—In addition to the Secretary, the
senior policy committee shall be composed of—
‘‘(1) the Administrator of the Federal Aviation Administration (or the Administrator’s designee);
‘‘(2) the Administrator of the National Aeronautics
and Space Administration (or the Administrator’s
designee);
‘‘(3) the Secretary of Defense (or the Secretary’s
designee);
‘‘(4) the Secretary of Homeland Security (or the
Secretary’s designee);
‘‘(5) the Secretary of Commerce (or the Secretary’s
designee);
‘‘(6) the Director of the Office of Science and Technology Policy (or the Director’s designee); and
‘‘(7) designees from other Federal agencies determined by the Secretary of Transportation to have an
important interest in, or responsibility for, other aspects of the system.
‘‘(c) FUNCTION.—The senior policy committee shall—
‘‘(1) advise the Secretary of Transportation regarding the national goals and strategic objectives for the
transformation of the Nation’s air transportation
system to meet its future needs;
‘‘(2) provide policy guidance for the integrated plan
for the air transportation system to be developed by

§ 40101

the Next Generation Air Transportation System
Joint Planning and Development Office;
‘‘(3) provide ongoing policy review for the transformation of the air transportation system;
‘‘(4) identify resource needs and make recommendations to their respective agencies for necessary funding for planning, research, and development activities; and
‘‘(5) make legislative recommendations, as appropriate, for the future air transportation system.
‘‘(d) CONSULTATION.—In carrying out its functions
under this section, the senior policy committee shall
consult with, and ensure participation by, the private
sector (including representatives of general aviation,
commercial aviation, aviation labor, and the space industry), members of the public, and other interested
parties and may do so through a special advisory committee composed of such representatives.’’
REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL
AVIATION ENTITIES
Pub. L. 108–176, title VIII, § 817, Dec. 12, 2003, 117 Stat.
2592, provided that:
‘‘(a) IN GENERAL.—The Secretary of Transportation
may make grants to reimburse the following general
aviation entities for the security costs incurred and
revenue foregone as a result of the restrictions imposed
by the Federal Government following the terrorist attacks on the United States that occurred on September
11, 2001:
‘‘(1) General aviation entities that operate at Ronald Reagan Washington National Airport.
‘‘(2) Airports that are located within 15 miles of
Ronald Reagan Washington National Airport and
were operating under security restrictions on the
date of enactment of this Act [Dec. 12, 2003] and general aviation entities operating at those airports.
‘‘(3) General aviation entities affected by implementation of section 44939 of title 49, United States
Code.
‘‘(4) General aviation entities that were affected by
Federal Aviation Administration Notices to Airmen
FDC 2/1099 and 3/1862 or section 352 of the Department
of Transportation and Related Agencies Appropriations Act, 2003 (Public Law 108–7, division I) [117 Stat.
420], or both.
‘‘(5) Sightseeing operations that were not authorized to resume in enhanced class B air space under
Federal Aviation Administration notice to airmen 1/
1225.
‘‘(b) DOCUMENTATION.—Reimbursement under this section shall be made in accordance with sworn financial
statements or other appropriate data submitted by
each general aviation entity demonstrating the costs
incurred and revenue foregone to the satisfaction of the
Secretary.
‘‘(c) GENERAL AVIATION ENTITY DEFINED.—In this section, the term ‘general aviation entity’ means any person (other than a scheduled air carrier or foreign air
carrier, as such terms are defined in section 40102 of
title 49, United States Code) that—
‘‘(1) operates nonmilitary aircraft under part 91 of
title 14, Code of Federal Regulations, for the purpose
of conducting its primary business;
‘‘(2) manufactures nonmilitary aircraft with a maximum seating capacity of fewer than 20 passengers or
aircraft parts to be used in such aircraft;
‘‘(3) provides services necessary for nonmilitary operations under such part 91; or
‘‘(4) operates an airport, other than a primary airport (as such terms are defined in such section 40102),
that—
‘‘(A) is listed in the national plan of integrated
airport systems developed by the Federal Aviation
Administration under section 47103 of such title; or
‘‘(B) is normally open to the public, is located
within the confines of enhanced class B airspace (as
defined by the Federal Aviation Administration in
Notice to Airmen FDC 1/0618), and was closed as a
result of an order issued by the Federal Aviation

§ 40101

TITLE 49—TRANSPORTATION

Page 720

Administration in the period beginning September
11, 2001, and ending January 1, 2002, and remained
closed as a result of that order on January 1, 2002.
Such term includes fixed based operators, flight
schools, manufacturers of general aviation aircraft and
products, persons engaged in nonscheduled aviation enterprises, and general aviation independent contractors.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section
$100,000,000. Such sums shall remain available until expended.’’

20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, § 428, Dec.
12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, § 8404,
Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title
I, § 178, Nov. 30, 2005, 119 Stat. 2427, required each air
carrier providing scheduled air transportation on a
route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation
on that route by any other air carrier that suspended,
interrupted, or discontinued air passenger service on
the route by reason of insolvency or bankruptcy of the
other air carrier occurring on or before Nov. 30, 2006.

GAO REPORT ON AIRLINES’ ACTIONS TO IMPROVE
FINANCES AND ON EXECUTIVE COMPENSATION

RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO SEPTEMBER 11TH VICTIM COMPENSATION FUND

Pub. L. 108–176, title VIII, § 826, Dec. 12, 2003, 117 Stat.
2596, provided that:
‘‘(a) FINDING.—Congress finds that the United States
Government has by law provided substantial financial
assistance to United States commercial airlines in the
form of war risk insurance and reinsurance and other
economic benefits and has imposed substantial economic and regulatory burdens on those airlines. In
order to determine the economic viability of the domestic commercial airline industry and to evaluate the
need for additional measures or the modification of existing laws, Congress needs more frequent information
and independently verified information about the financial condition of these airlines.
‘‘(b) GAO REPORT.—Not later than one year after the
date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall prepare a report for Congress analyzing the financial condition of the United States airline industry in its efforts to reduce the costs, improve
the earnings and profits and balances of each individual
air carrier. The report shall recommend steps that the
industry should take to become financially self-sufficient.
‘‘(c) GAO AUTHORITY.—In order to compile the report
required by subsection (b), the Comptroller General, or
any of the Comptroller General’s duly authorized representatives, shall have access for the purpose of audit
and examination to any books, accounts, documents,
papers, and records of such air carriers that relate to
the information required to compile the report. The
Comptroller General shall submit with the report a certification as to whether the Comptroller General has
had access to sufficient information to make informed
judgments on the matters covered by the report.
‘‘(d) REPORTS TO CONGRESS.—The Comptroller General shall transmit the report required by subsection
(b) to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.’’
MAIL AND FREIGHT WAIVERS
Pub. L. 107–71, title I, § 127, Nov. 19, 2001, 115 Stat. 632,
provided that:
‘‘(a) IN GENERAL.—During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board,
may grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or
other Federal agency or department) that would permit
such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or
within a State if the Secretary determines that—
‘‘(1) extraordinary air transportation needs or concerns exist; and
‘‘(2) the waiver is in the public interest, taking into
consideration the isolation of and dependence on air
transportation of the State.
‘‘(b) LIMITATIONS.—The Secretary may impose reasonable limitations on any such waiver.’’
AIR CARRIERS REQUIRED TO HONOR TICKETS FOR
SUSPENDED SERVICE
Pub. L. 107–71, title I, § 145, Nov. 19, 2001, 115 Stat. 645,
as amended by Pub. L. 108–7, div. I, title III, § 372, Feb.

Pub. L. 107–56, title VI, § 622(e)(2), Oct. 26, 2001, 115
Stat. 372, provided that: ‘‘With respect to any compensation payable under title IV of Public Law 107–42
[set out as a note below], the failure of a crime victim
compensation program, after the effective date of final
regulations issued pursuant to section 407 of Public
Law 107–42, to provide compensation otherwise required
pursuant to section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) shall not render that program ineligible for future grants under the Victims of Crime
Act of 1984 [42 U.S.C. 10601 et seq.].’’
AIR TRANSPORTATION SAFETY AND SYSTEM
STABILIZATION
Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended
by Pub. L. 107–71, title I, § 124(a), (c), (d), title II, § 201,
Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–134, title I,
§ 114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title
VIII, § 890, title XII, § 1201(2), Nov. 25, 2002, 116 Stat. 2251,
2286; Pub. L. 110–113, § 3, Nov. 8, 2007, 121 Stat. 1039; Pub.
L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974,
provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Air Transportation
Safety and System Stabilization Act’.
‘‘TITLE I—AIRLINE STABILIZATION
‘‘SEC. 101. AVIATION DISASTER RELIEF.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, the President shall take the following actions to compensate air carriers for losses incurred by
the air carriers as a result of the terrorist attacks on
the United States that occurred on September 11, 2001:
‘‘[(1) Repealed. Pub. L. 110–161, div. D, title I, Dec.
26, 2007, 121 Stat. 1974.]
‘‘(2) Compensate air carriers in an aggregate
amount equal to $5,000,000,000 for—
‘‘(A) direct losses incurred beginning on September 11, 2001, by air carriers as a result of any Federal ground stop order issued by the Secretary of
Transportation or any subsequent order which continues or renews such a stoppage; and
‘‘(B) the incremental losses incurred beginning
September 11, 2001, and ending December 31, 2001, by
air carriers as a direct result of such attacks.
‘‘(b) EMERGENCY DESIGNATION.—Congress designates
the amount of new budget authority and outlays in all
fiscal years resulting from this title as an emergency
requirement pursuant to section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(e)). Such amount shall be available only to
the extent that a request, that includes designation of
such amount as an emergency requirement as defined
in such Act [see Short Title note set out under section
900 of Title 2, The Congress], is transmitted by the
President to Congress.
‘‘[SEC. 102. Repealed. Pub. L. 110–161, div. D, title I,
Dec. 26, 2007, 121 Stat. 1974.]
‘‘SEC. 103. SPECIAL RULES FOR COMPENSATION.
‘‘(a) DOCUMENTATION.—Subject to subsection (b), the
amount of compensation payable to an air carrier
under section 101(a)(2) may not exceed the amount of

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TITLE 49—TRANSPORTATION

losses described in section 101(a)(2) that the air carrier
demonstrates to the satisfaction of the President, using
sworn financial statements or other appropriate data,
that the air carrier incurred. The Secretary of Transportation and the Comptroller General of the United
States may audit such statements and may request any
information that the Secretary and the Comptroller
General deems necessary to conduct such audit.
‘‘(b) MAXIMUM AMOUNT OF COMPENSATION PAYABLE
PER AIR CARRIER.—The maximum total amount of compensation payable to an air carrier under section
101(a)(2) may not exceed the lesser of—
‘‘(1) the amount of such air carrier’s direct and incremental losses described in section 101(a)(2); or
‘‘(2) in the case of—
‘‘(A) flights involving passenger-only or combined
passenger and cargo transportation, the product
of—
‘‘(i) $4,500,000,000; and
‘‘(ii) the ratio of—
‘‘(I) the available seat miles of the air carrier
for the month of August 2001 as reported to the
Secretary; to
‘‘(II) the total available seat miles of all such
air carriers for such month as reported to the
Secretary; and
‘‘(B) flights involving cargo-only transportation,
the product of—
‘‘(i) $500,000,000; and
‘‘(ii) the ratio of—
‘‘(I) the revenue ton miles or other auditable
measure of the air carrier for cargo for the latest quarter for which data is available as reported to the Secretary; to
‘‘(II) the total revenue ton miles or other
auditable measure of all such air carriers for
cargo for such quarter as reported to the Secretary.
‘‘(c) PAYMENTS.—The President may provide compensation to air carriers under section 101(a)(2) in 1 or
more payments up to the amount authorized by this
title.
‘‘(d) COMPENSATION FOR CERTAIN AIR CARRIERS.—
‘‘(1) SET-ASIDE.—The President may set aside a portion of the amount of compensation payable to air
carriers under section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances) for whom the application of a
distribution formula containing available seat miles
as a factor would inadequately reflect their share of
direct and incremental losses. The President shall reduce the $4,500,000,000 specified in subsection
(b)(2)(A)(i) by the amount set aside under this subsection.
‘‘(2) DISTRIBUTION OF AMOUNTS.—The President shall
distribute the amount set aside under this subsection
proportionally among such air carriers based on an
appropriate auditable measure, as determined by the
President.
‘‘[SEC. 104. Repealed. Pub. L. 110–161, div. D, title I,
Dec. 26, 2007, 121 Stat. 1974.]
‘‘SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
‘‘(a) ACTION OF SECRETARY.—The Secretary of Transportation should take appropriate action to ensure that
all communities that had scheduled air service before
September 11, 2001, continue to receive adequate air
transportation service and that essential air service to
small communities continues without interruption.
‘‘(b) ESSENTIAL AIR SERVICE.—There is authorized to
be appropriated to the Secretary to carry out the essential air service program under subchapter II of chapter 417 of title 49, United States Code, $120,000,000 for
fiscal year 2002.
‘‘(c) SECRETARIAL OVERSIGHT.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary is authorized to require an
air carrier receiving direct financial assistance under

§ 40101

this Act to maintain scheduled air service to any
point served by that carrier before September 11, 2001.
‘‘(2) AGREEMENTS.—In applying paragraph (1), the
Secretary may require air carriers receiving direct financial assistance under this Act to enter into agreements which will ensure, to the maximum extent
practicable, that all communities that had scheduled
air service before September 11, 2001, continue to receive adequate air transportation service.
‘‘SEC. 106. REPORTS.
‘‘(a) REPORT.—Not later than February 1, 2002, the
President shall transmit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the
House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on the Budget of
the Senate a report on the financial status of the air
carrier industry and the amounts of assistance provided under this title to each air carrier.
‘‘(b) UPDATE.—Not later than the last day of the 7month period following the date of enactment of this
Act [Sept. 22, 2001], the President shall update and
transmit the report to the Committees.
‘‘SEC. 107. DEFINITIONS.
‘‘In this title, the following definitions apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ has the
meaning such term has under section 40102 of title 49,
United States Code.
‘‘[(2) Repealed. Pub. L. 110–161, div. D, title I, Dec.
26, 2007, 121 Stat. 1974.]
‘‘(3) INCREMENTAL LOSS.—The term ‘incremental
loss’ does not include any loss that the President determines would have been incurred if the terrorist attacks on the United States that occurred on September 11, 2001, had not occurred.
‘‘TITLE II—AVIATION INSURANCE
‘‘SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS.
‘‘(a) IN GENERAL.—[Amended section 44302 of this
title.]
‘‘(b) COVERAGE.—
‘‘(1) IN GENERAL.—[Amended section 44303 of this
title.]
‘‘(2) [Transferred to section 44303(b) of this title.]
‘‘(c) REINSURANCE.—[Amended section 44304 of this
title.]
‘‘(d) PREMIUMS.—[Amended section 44306 of this title.]
‘‘(e) CONFORMING AMENDMENT.—[Amended section
44305(b) of this title.]
‘‘SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND SUBCONTRACTORS OF AIR
CARRIERS.
‘‘Notwithstanding any other provision of this title,
the Secretary may extend any provision of chapter 443
of title 49, United States Code, as amended by this
title, and the provisions of this title, to vendors,
agents, and subcontractors of air carriers. For the 180day period beginning on the date of enactment of this
Act [Sept. 22, 2001], the Secretary may extend or amend
any such provisions so as to ensure that the entities referred to in the preceding sentence are not responsible
in cases of acts of terrorism for losses suffered by third
parties that exceed the amount of such entities’ liability coverage, as determined by the Secretary.
‘‘TITLE III—TAX PROVISIONS
‘‘SEC. 301. EXTENSION OF DUE DATE FOR EXCISE
TAX DEPOSITS; TREATMENT OF LOSS COMPENSATION.
‘‘(a) EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS.—
‘‘(1) IN GENERAL.—In the case of an eligible air carrier, any airline-related deposit required under section 6302 of the Internal Revenue Code of 1986 [26
U.S.C. 6302] to be made after September 10, 2001, and

§ 40101

TITLE 49—TRANSPORTATION

before November 15, 2001, shall be treated for purposes
of such Code [26 U.S.C. 1 et seq.] as timely made if
such deposit is made on or before November 15, 2001.
If the Secretary of the Treasury so prescribes, the
preceding sentence shall be applied by substituting
for ‘November 15, 2001’ each place it appears—
‘‘(A) ‘January 15, 2002’; or
‘‘(B) such earlier date after November 15, 2001, as
such Secretary may prescribe.
‘‘(2) ELIGIBLE AIR CARRIER.—For purposes of this
subsection, the term ‘eligible air carrier’ means any
domestic corporation engaged in the trade or business of transporting (for hire) persons by air if such
transportation is available to the general public.
‘‘(3) AIRLINE-RELATED DEPOSIT.—For purposes of
this subsection, the term ‘airline-related deposit’
means any deposit of taxes imposed by subchapter C
of chapter 33 of such Code [26 U.S.C. 4261 et seq.] (relating to transportation by air).
‘‘(b) TREATMENT OF LOSS COMPENSATION.—Nothing in
any provision of law shall be construed to exclude from
gross income under the Internal Revenue Code of 1986
any compensation received under section 101(a)(2) of
this Act.
‘‘TITLE IV—VICTIM COMPENSATION
‘‘SEC. 401. SHORT TITLE.
‘‘This title may be cited as the ‘September 11th Victim Compensation Fund of 2001’.
‘‘SEC. 402. DEFINITIONS.
‘‘In this title, the following definitions apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ means a
citizen of the United States undertaking by any
means, directly or indirectly, to provide air transportation and includes employees and agents (including
persons engaged in the business of providing air
transportation security and their affiliates) of such
citizen. For purposes of the preceding sentence, the
term ‘agent’, as applied to persons engaged in the
business of providing air transportation security,
shall only include persons that have contracted directly with the Federal Aviation Administration on
or after and commenced services no later than February 17, 2002, to provide such security, and had not
been or are not debarred for any period within 6
months from that date.
‘‘(2) AIR TRANSPORTATION.—The term ‘air transportation’ means foreign air transportation, interstate
air transportation, or the transportation of mail by
aircraft.
‘‘(3) AIRCRAFT MANUFACTURER.—The term ‘aircraft
manufacturer’ means any entity that manufactured
the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes
of September 11, 2001, including employees and agents
of that entity.
‘‘(4) AIRPORT SPONSOR.—The term ‘airport sponsor’
means the owner or operator of an airport (as defined
in section 40102 of title 49, United States Code).
‘‘(5) CLAIMANT.—The term ‘claimant’ means an individual filing a claim for compensation under section
405(a)(1).
‘‘(6) COLLATERAL SOURCE.—The term ‘collateral
source’ means all collateral sources, including life insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001.
‘‘(7) ECONOMIC LOSS.—The term ‘economic loss’
means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related
to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss
of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
‘‘(8) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ means an individual determined to be eligible
for compensation under section 405(c).

Page 722

‘‘(9) NONECONOMIC LOSSES.—The term ‘noneconomic
losses’ means losses for physical and emotional pain,
suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life,
loss of society and companionship, loss of consortium
(other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
‘‘(10) SPECIAL MASTER.—The term ‘Special Master’
means the Special Master appointed under section
404(a).
‘‘SEC. 403. PURPOSE.
‘‘It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result
of the terrorist-related aircraft crashes of September
11, 2001.
‘‘SEC. 404. ADMINISTRATION.
‘‘(a) IN GENERAL.—The Attorney General, acting
through a Special Master appointed by the Attorney
General, shall—
‘‘(1) administer the compensation program established under this title;
‘‘(2) promulgate all procedural and substantive
rules for the administration of this title; and
‘‘(3) employ and supervise hearing officers and
other administrative personnel to perform the duties
of the Special Master under this title.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for
the Special Master in carrying out this title.
‘‘SEC. 405. DETERMINATION OF ELIGIBILITY FOR
COMPENSATION.
‘‘(a) FILING OF CLAIM.—
‘‘(1) IN GENERAL.—A claimant may file a claim for
compensation under this title with the Special Master. The claim shall be on the form developed under
paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought.
‘‘(2) CLAIM FORM.—
‘‘(A) IN GENERAL.—The Special Master shall develop a claim form that claimants shall use when
submitting claims under paragraph (1). The Special
Master shall ensure that such form can be filed
electronically, if determined to be practicable.
‘‘(B) CONTENTS.—The form developed under subparagraph (A) shall request—
‘‘(i) information from the claimant concerning
the physical harm that the claimant suffered, or
in the case of a claim filed on behalf of a decedent
information confirming the decedent’s death, as a
result of the terrorist-related aircraft crashes of
September 11, 2001;
‘‘(ii) information from the claimant concerning
any possible economic and noneconomic losses
that the claimant suffered as a result of such
crashes; and
‘‘(iii) information regarding collateral sources
of compensation the claimant has received or is
entitled to receive as a result of such crashes.
‘‘(3) LIMITATION.—No claim may be filed under paragraph (1) after the date that is 2 years after the date
on which regulations are promulgated under section
407.
‘‘(b) REVIEW AND DETERMINATION.—
‘‘(1) REVIEW.—The Special Master shall review a
claim submitted under subsection (a) and determine—
‘‘(A) whether the claimant is an eligible individual under subsection (c);
‘‘(B) with respect to a claimant determined to be
an eligible individual—
‘‘(i) the extent of the harm to the claimant, including any economic and noneconomic losses;
and
‘‘(ii) the amount of compensation to which the
claimant is entitled based on the harm to the

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TITLE 49—TRANSPORTATION

claimant, the facts of the claim, and the individual circumstances of the claimant.
‘‘(2) NEGLIGENCE.—With respect to a claimant, the
Special Master shall not consider negligence or any
other theory of liability.
‘‘(3) DETERMINATION.—Not later than 120 days after
that date on which a claim is filed under subsection
(a), the Special Master shall complete a review, make
a determination, and provide written notice to the
claimant, with respect to the matters that were the
subject of the claim under review. Such a determination shall be final and not subject to judicial review.
‘‘(4) RIGHTS OF CLAIMANT.—A claimant in a review
under paragraph (1) shall have—
‘‘(A) the right to be represented by an attorney;
‘‘(B) the right to present evidence, including the
presentation of witnesses and documents; and
‘‘(C) any other due process rights determined appropriate by the Special Master.
‘‘(5) NO PUNITIVE DAMAGES.—The Special Master
may not include amounts for punitive damages in
any compensation paid under a claim under this title.
‘‘(6) COLLATERAL COMPENSATION.—The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the
collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A claimant shall be determined
to be an eligible individual for purposes of this subsection if the Special Master determines that such
claimant—
‘‘(A) is an individual described in paragraph (2);
and
‘‘(B) meets the requirements of paragraph (3).
‘‘(2) INDIVIDUALS.—A claimant is an individual described in this paragraph if the claimant is—
‘‘(A) an individual who—
‘‘(i) was present at the World Trade Center,
(New York, New York), the Pentagon (Arlington,
Virginia), or the site of the aircraft crash at
Shanksville, Pennsylvania at the time, or in the
immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and
‘‘(ii) suffered physical harm or death as a result
of such an air crash;
‘‘(B) an individual who was a member of the flight
crew or a passenger on American Airlines flight 11
or 77 or United Airlines flight 93 or 175, except that
an individual identified by the Attorney General to
have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001,
or a representative of such individual shall not be
eligible to receive compensation under this title; or
‘‘(C) in the case of a decedent who is an individual
described in subparagraph (A) or (B), the personal
representative of the decedent who files a claim on
behalf of the decedent.
‘‘(3) REQUIREMENTS.—
‘‘(A) Single claim.—Not more than one claim may
be submitted under this title by an individual or on
behalf of a deceased individual.
‘‘(B) Limitation on civil action.—
‘‘(i) IN GENERAL.—Upon the submission of a
claim under this title, the claimant waives the
right to file a civil action (or to be a party to an
action) in any Federal or State court for damages
sustained as a result of the terrorist-related aircraft crashes of September 11, 2001. The preceding
sentence does not apply to a civil action to recover collateral source obligations, or to a civil
action against any person who is a knowing participant in any conspiracy to hijack any aircraft
or commit any terrorist act.
‘‘(ii) PENDING ACTIONS.—In the case of an individual who is a party to a civil action described
in clause (i), such individual may not submit a
claim under this title unless such individual withdraws from such action by the date that is 90 days

§ 40101

after the date on which regulations are promulgated under section 407.
‘‘SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
‘‘(a) IN GENERAL.—Not later than 20 days after the
date on which a determination is made by the Special
Master regarding the amount of compensation due a
claimant under this title, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant.
‘‘(b) PAYMENT AUTHORITY.—This title constitutes
budget authority in advance of appropriations Acts and
represents the obligation of the Federal Government to
provide for the payment of amounts for compensation
under this title.
‘‘(c) ADDITIONAL FUNDING.—
‘‘(1) IN GENERAL.—The Attorney General is authorized to accept such amounts as may be contributed
by individuals, business concerns, or other entities to
carry out this title, under such terms and conditions
as the Attorney General may impose.
‘‘(2) USE OF SEPARATE ACCOUNT.—In making payments under this section, amounts contained in any
account containing funds provided under paragraph
(1) shall be used prior to using appropriated amounts.
‘‘SEC. 407. REGULATIONS.
‘‘Not later than 90 days after the date of enactment
of this Act [Sept. 22, 2001], the Attorney General, in
consultation with the Special Master, shall promulgate
regulations to carry out this title, including regulations with respect to—
‘‘(1) forms to be used in submitting claims under
this title;
‘‘(2) the information to be included in such forms;
‘‘(3) procedures for hearing and the presentation of
evidence;
‘‘(4) procedures to assist an individual in filing and
pursuing claims under this title; and
‘‘(5) other matters determined appropriate by the
Attorney General.
‘‘SEC. 408. LIMITATION ON LIABILITY.
‘‘(a) IN GENERAL.—
‘‘(1) LIABILITY LIMITED TO INSURANCE COVERAGE.—
Notwithstanding any other provision of law, liability
for all claims, whether for compensatory or punitive
damages or for contribution or indemnity, arising
from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11,
2001, whether fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount greater than
the limits of liability insurance coverage maintained
by that air carrier, aircraft manufacturer, airport
sponsor, or person.
‘‘(2) WILLFUL DEFAULTS ON REBUILDING OBLIGATION.—Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General determines, after notice
and an opportunity for a hearing on the record, that
the person has defaulted willfully on a contractual
obligation to rebuild, or assist in the rebuilding of,
the World Trade Center.
‘‘(3) LIMITATIONS ON LIABILITY FOR NEW YORK
CITY.—Liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity arising from the terrorist-related aircraft
crashes of September 11, 2001, against the City of New
York shall not exceed the greater of the city’s insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this
Act, submits a claim under section 405, the claimant
waives the right to file a civil action (or to be a party
to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, including any
such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source obligations.

§ 40101

TITLE 49—TRANSPORTATION

‘‘(b) FEDERAL CAUSE OF ACTION.—
‘‘(1) AVAILABILITY OF ACTION.—There shall exist a
Federal cause of action for damages arising out of the
hijacking and subsequent crashes of American Airlines flights 11 and 77, and United Airlines flights 93
and 175, on September 11, 2001. Notwithstanding section 40120(c) of title 49, United States Code, this cause
of action shall be the exclusive remedy for damages
arising out of the hijacking and subsequent crashes of
such flights.
‘‘(2) SUBSTANTIVE LAW.—The substantive law for decision in any such suit shall be derived from the law,
including choice of law principles, of the State in
which the crash occurred unless such law is inconsistent with or preempted by Federal law.
‘‘(3) JURISDICTION.—The United States District
Court for the Southern District of New York shall
have original and exclusive jurisdiction over all actions brought for any claim (including any claim for
loss of property, personal injury, or death) resulting
from or relating to the terrorist-related aircraft
crashes of September 11, 2001.
‘‘(4) NATIONWIDE SUBPOENAS.—
‘‘(A) IN GENERAL.—A subpoena requiring the attendance of a witness at trial or a hearing conducted under this section may be served at any
place in the United States.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this subsection is intended to diminish the authority of a
court to quash or modify a subpoena for the reasons
provided in clause (i), (iii), or (iv) of subparagraph
(A) or subparagraph (B) of rule 45(c)(3) of the Federal Rules of Civil Procedure [28 U.S.C. App.].
‘‘(c) EXCLUSION.—Nothing in this section shall in any
way limit any liability of any person who is a knowing
participant in any conspiracy to hijack any aircraft or
commit any terrorist act. Subsections (a) and (b) do
not apply to civil actions to recover collateral source
obligations.
‘‘SEC. 409. RIGHT OF SUBROGATION.
‘‘The United States shall have the right of subrogation with respect to any claim paid by the United
States under this title, subject to the limitations described in section 408.
‘‘TITLE V—AIR TRANSPORTATION SAFETY
‘‘SEC. 501. INCREASED AIR TRANSPORTATION
SAFETY.
‘‘Congress affirms the President’s decision to spend
$3,000,000,000 on airline safety and security in conjunction with this Act in order to restore public confidence
in the airline industry.
‘‘SEC. 502. CONGRESSIONAL COMMITMENT.
‘‘Congress is committed to act expeditiously, in consultation with the Secretary of Transportation, to
strengthen airport security and take further measures
to enhance the security of air travel.
‘‘TITLE VI—SEPARABILITY
‘‘SEC. 601. SEPARABILITY.
‘‘If any provision of this Act (including any amendment made by this Act [amending sections 44302 to
44306 of this title]) or the application thereof to any
person or circumstance is held invalid, the remainder
of this Act (including any amendment made by this
Act) and the application thereof to other persons or circumstances shall not be affected thereby.’’
[Pub. L. 107–134, title I, § 114(b), Jan. 23, 2002, 115 Stat.
2436, provided that: ‘‘The amendment made by this section [amending Pub. L. 107–42, set out above] shall take
effect as if included in section 301 of the Air Transportation Safety and System Stabilization Act (Public
Law 107–42).’’]
[Memorandum of President of the United States,
Sept. 25, 2001, 66 F.R. 49507, delegated to the Secretary
of Transportation the authority vested in the President
under section 101(a)(2) of Pub. L. 107–42, set out above,
to compensate air carriers for direct and incremental

Page 724

losses they incurred from the terrorist attacks of Sept.
11, 2001, and any resulting ground stop order.]
INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS
Pub. L. 106–181, title III, § 309, Apr. 5, 2000, 114 Stat.
127, provided that:
‘‘(a) INDEPENDENT ASSESSMENT.—
‘‘(1) IN GENERAL.—The Inspector General of the Department of Transportation shall conduct the assessments described in this section. To conduct the assessments, the Inspector General may use the staff
and resources of the Inspector General or contract
with one or more independent entities.
‘‘(2) ASSESSMENT OF ADEQUACY AND ACCURACY OF FAA
COST DATA AND ATTRIBUTIONS.—
‘‘(A) IN GENERAL.—The Inspector General shall
conduct an assessment to ensure that the method
for calculating the overall costs of the Federal
Aviation Administration and attributing such costs
to specific users is appropriate, reasonable, and understandable to the users.
‘‘(B) COMPONENTS.—In conducting the assessment
under this paragraph, the Inspector General shall
assess the following:
‘‘(i) The Administration’s cost input data, including the reliability of the Administration’s
source documents and the integrity and reliability of the Administration’s data collection process.
‘‘(ii) The Administration’s system for tracking
assets.
‘‘(iii) The Administration’s bases for establishing asset values and depreciation rates.
‘‘(iv) The Administration’s system of internal
controls for ensuring the consistency and reliability of reported data.
‘‘(v) The Administration’s definition of the
services to which the Administration ultimately
attributes its costs.
‘‘(vi) The cost pools used by the Administration
and the rationale for and reliability of the bases
which the Administration proposes to use in allocating costs of services to users.
‘‘(C) REQUIREMENTS FOR ASSESSMENT OF COST
POOLS.—In carrying out subparagraph (B)(vi), the
Inspector General shall—
‘‘(i) review costs that cannot reliably be attributed to specific Administration services or activities (called ‘common and fixed costs’ in the Administration Cost Allocation Study) and consider
alternative methods for allocating such costs; and
‘‘(ii) perform appropriate tests to assess relationships between costs in the various cost pools
and activities and services to which the costs are
attributed by the Administration.
‘‘(3) COST EFFECTIVENESS.—
‘‘(A) IN GENERAL.—The Inspector General shall assess the progress of the Administration in cost and
performance management, including use of internal
and external benchmarking in improving the performance and productivity of the Administration.
‘‘(B) ANNUAL REPORTS.—Not later than December
31, 2000, and annually thereafter until December 31,
2004, the Inspector General shall transmit to Congress an updated report containing the results of
the assessment conducted under this paragraph.
‘‘(C) INFORMATION TO BE INCLUDED IN FAA FINANCIAL REPORT.—The Administrator [of the Federal
Aviation Administration] shall include in the annual financial report of the Administration information on the performance of the Administration
sufficient to permit users and others to make an informed evaluation of the progress of the Administration in increasing productivity.
‘‘(b) FUNDING.—There are authorized to be appropriated such sums as may be necessary to carry out
this section.’’
OPERATIONS OF AIR TAXI INDUSTRY
Pub. L. 106–181, title VII, § 735, Apr. 5, 2000, 114 Stat.
171, provided that:

Page 725

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TITLE 49—TRANSPORTATION

‘‘(a) STUDY.—The Administrator [of the Federal Aviation Administration], in consultation with the National Transportation Safety Board and other interested persons, shall conduct a study of air taxi operators regulated under part 135 of title 14, Code of Federal
Regulations.
‘‘(b) CONTENTS.—The study shall include an analysis
of the size and type of the aircraft fleet, relevant aircraft equipment, hours flown, utilization rates, safety
record by various categories of use and aircraft type,
sales revenues, and airports served by the air taxi fleet.
‘‘(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study.’’
FINDINGS
Section 271 of Pub. L. 104–264 provided that: ‘‘Congress finds the following:
‘‘(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a
leader in aviation safety.
‘‘(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
‘‘(3) The Administration certifies more than 650
training schools for pilots and nonpilots, more than
4,858 repair stations, and more than 193 maintenance
schools.
‘‘(4) The Administration certifies pilot examiners,
who are then qualified to determine if a person has
the skills necessary to become a pilot.
‘‘(5) The Administration certifies more than 6,000
medical examiners, each of whom is then qualified to
medically certify the qualifications of pilots and nonpilots.
‘‘(6) The Administration certifies more than 470 airports, and provides a limited certification for another
205 airports. Other airports in the United States are
also reviewed by the Administration.
‘‘(7) The Administration each year performs more
than 355,000 inspections.
‘‘(8) The Administration issues more than 655,000 pilot’s licenses and more than 560,000 nonpilot’s licenses (including mechanics).
‘‘(9) The Administration’s certification means that
the product meets world-wide recognized standards of
safety and reliability.
‘‘(10) The Administration’s certification means
aviation-related equipment and services meet worldwide recognized standards.
‘‘(11) The Administration’s certification is recognized by governments and businesses throughout the
world and as such may be a valuable element for any
company desiring to sell aviation-related products
throughout the world.
‘‘(12) The Administration’s certification may constitute a valuable license, franchise, privilege or benefits for the holders.
‘‘(13) The Administration also is a major purchaser
of computers, radars, and other systems needed to
run the air traffic control system. The Administration’s design, acceptance, commissioning, or certification of such equipment enables the private sector
to market those products around the world, and as
such confers a benefit on the manufacturer.
‘‘(14) The Administration provides extensive services to public use aircraft.’’
PURPOSES
Section 272 of title II of Pub. L. 104–264 provided that:
‘‘The purposes of this subtitle [subtitle C (§§ 271–278) of
title II of Pub. L. 104–264, enacting sections 45301, 45303,
48111, and 48201 of this title, amending section 41742 of
this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title,
and enacting provisions set out as notes under this section and section 41742 of this title] are—
‘‘(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that

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

INDEPENDENT

FAA
OF

FINANCIAL RENATIONAL CIVIL

Section 274 of Pub. L. 104–264, as amended by Pub. L.
106–181, title III, § 307(c)(3), Apr. 5, 2000, 114 Stat. 126,
provided that:
‘‘(a) INDEPENDENT ASSESSMENT.—
‘‘(1) INITIATION.—Not later than 30 days after the
date of the enactment of this Act [Oct. 9, 1996], the
Administrator [of the Federal Aviation Administration] shall contract with an entity independent of the
Administration [Federal Aviation Administration]
and the Department of Transportation to conduct a
complete independent assessment of the financial requirements of the Administration through the year
2002.
‘‘(2) ASSESSMENT CRITERIA.—The Administrator
shall provide to the independent entity estimates of
the financial requirements of the Administration for
the period described in paragraph (1), using as a base
the fiscal year 1997 appropriation levels established
by Congress. The independent assessment shall be
based on an objective analysis of agency funding
needs.
‘‘(3) CERTAIN FACTORS TO BE TAKEN INTO ACCOUNT.—
The independent assessment shall take into account
all relevant factors, including—
‘‘(A) anticipated air traffic forecasts;
‘‘(B) other workload measures;
‘‘(C) estimated productivity gains, if any, which
contribute to budgetary requirements;
‘‘(D) the need for programs; and
‘‘(E) the need to provide for continued improvements in all facets of aviation safety, along with
operational improvements in air traffic control.
‘‘(4) COST ALLOCATION.—The independent assessment shall also assess the costs to the Administration occasioned by the provision of services to each
segment of the aviation system.
‘‘(5) DEADLINE.—The independent assessment shall
be completed no later than 90 days after the contract
is awarded, and shall be submitted to the Commission
established under subsection (b), the Secretary [of
Transportation], the Secretary of the Treasury, the
Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate,
and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the
House of Representatives.
‘‘(b) NATIONAL CIVIL AVIATION REVIEW COMMISSION.—
‘‘(1) ESTABLISHMENT.—There is established a commission to be known as the National Civil Aviation
Review Commission (hereinafter in this section referred to as the ‘Commission’).

§ 40101

TITLE 49—TRANSPORTATION

‘‘(2) MEMBERSHIP.—The Commission shall consist of
21 members to be appointed as follows:
‘‘(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the
Treasury, from among individuals who have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues
important to general aviation, major air carriers,
air cargo carriers, regional air carriers, business
aviation, airports, aircraft manufacturers, the financial community, aviation industry workers, and
airline passengers. At least one member appointed
under this subparagraph shall have detailed knowledge of the congressional budgetary process.
‘‘(B) Two members appointed by the Speaker of
the House of Representatives.
‘‘(C) Two members appointed by the minority
leader of the House of Representatives.
‘‘(D) Two members appointed by the majority
leader of the Senate.
‘‘(E) Two members appointed by the minority
leader of the Senate.
‘‘(3) TASK FORCES.—The Commission shall establish
an aviation funding task force and an aviation safety
task force to carry out the responsibilities of the
Commission under this subsection.
‘‘(4) FIRST MEETING.—The Commission may conduct
its first meeting as soon as a majority of the members of the Commission are appointed.
‘‘(5) HEARINGS AND CONSULTATION.—
‘‘(A) HEARINGS.—The Commission shall take such
testimony and solicit and receive such comments
from the public and other interested parties as it
considers appropriate, shall conduct 2 public hearings after affording adequate notice to the public
thereof, and may conduct such additional hearings
as may be necessary.
‘‘(B) CONSULTATION.—The Commission shall consult on a regular and frequent basis with the Secretary, the Secretary of the Treasury, the Committee on Commerce, Science, and Transportation and
the Committee on Finance of the Senate, and the
Committee on Transportation and Infrastructure
and the Committee on Ways and Means of the
House of Representatives.
‘‘(C) FACA NOT TO APPLY.—The Commission shall
not be considered an advisory committee for purposes of the Federal Advisory Committee Act (5
U.S.C. App.).
‘‘(6) DUTIES OF AVIATION FUNDING TASK FORCE.—
‘‘(A) REPORT TO SECRETARY.—
‘‘(i) IN GENERAL.—The aviation funding task
force established pursuant to paragraph (3) shall
submit a report setting forth a comprehensive
analysis of the Administration’s budgetary requirements through fiscal year 2002, based upon
the independent assessment under subsection (a),
that analyzes alternative financing and funding
means for meeting the needs of the aviation system through the year 2002. The task force shall
submit a preliminary report of that analysis to
the Secretary not later than 6 months after the
independent assessment is completed under subsection (a). The Secretary shall provide comments on the preliminary report to the task force
within 30 days after receiving the report. The
task force shall issue a final report of such comprehensive analysis within 30 days after receiving
the Secretary’s comments on its preliminary report.
‘‘(ii) CONTENTS.—The report submitted by the
aviation funding task force under clause (i)—
‘‘(I) shall consider the independent assessment under subsection (a);
‘‘(II) shall consider estimated cost savings, if
any, resulting from the procurement and personnel reforms included in this Act [see Tables
for classification] or in sections 40110(d) and
40122(g) of title 49, United States Code, and additional financial initiatives;

Page 726

‘‘(III) shall include specific recommendations
to Congress on how the Administration can reduce costs, raise additional revenue for the support of agency operations, and accelerate modernization efforts; and
‘‘(IV) shall include a draft bill containing the
changes in law necessary to implement its recommendations.
‘‘(B) RECOMMENDATIONS.—The aviation funding
task force shall make such recommendations under
subparagraph (A)(ii)(III) as the task force deems appropriate. Those recommendations may include—
‘‘(i) proposals for off-budget treatment of the
Airport and Airway Trust Fund;
‘‘(ii) alternative financing and funding proposals, including linked financing proposals;
‘‘(iii) modifications to existing levels of Airport
and Airways Trust Fund receipts and taxes for
each type of tax;
‘‘(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under
subparagraph (F) and methods to ensure that
costs are borne by users on a fair and equitable
basis;
‘‘(v) methods to ensure that funds collected
from the aviation community are able to meet
the needs of the agency;
‘‘(vi) methods to ensure that funds collected
from the aviation community and passengers are
used to support the aviation system;
‘‘(vii) means of meeting the airport infrastructure needs for large, medium, and small airports;
and
‘‘(viii) any other matter the task force deems
appropriate to address the funding and needs of
the Administration and the aviation system.
‘‘(C) ADDITIONAL RECOMMENDATIONS.—The aviation funding task force report may also make recommendations concerning—
‘‘(i) means of improving productivity by expanding and accelerating the use of automation
and other technology;
‘‘(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs;
‘‘(iii) methods to accelerate air traffic control
modernization and improvements in aviation
safety and safety services;
‘‘(iv) the elimination of unneeded programs; and
‘‘(v) a limited innovative program based on
funding mechanisms such as loan guarantees, financial partnerships with for-profit private sector
entities, government-sponsored enterprises, and
revolving loan funds, as a means of funding specific facilities and equipment projects, and to provide limited additional funding alternatives for
airport capacity development.
‘‘(D) IMPACT ASSESSMENT FOR RECOMMENDATIONS.—
For each recommendation contained in the aviation funding task force’s report, the report shall include a full analysis and assessment of the impact
implementation of the recommendation would have
on—
‘‘(i) safety;
‘‘(ii) administrative costs;
‘‘(iii) the congressional budget process;
‘‘(iv) the economics of the industry (including
the proportionate share of all users);
‘‘(v) the ability of the Administration to utilize
the sums collected; and
‘‘(vi) the funding needs of the Administration.
‘‘(E) TRUST FUND TAX RECOMMENDATIONS.—If the
task force’s report includes a recommendation that
the existing Airport and Airways Trust Fund tax
structure be modified, the report shall—
‘‘(i) state the specific rates for each group affected by the proposed modifications;
‘‘(ii) consider the impact such modifications
shall have on specific users and the public (including passengers); and

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‘‘(iii) state the basis for the recommendations.
‘‘(F) FEE SYSTEM RECOMMENDATIONS.—If the task
force’s report includes a recommendation that a fee
system be established, including an air traffic control performance-based user fee system, the report
shall consider—
‘‘(i) the impact such a recommendation would
have on passengers, air fares (including low-fare,
high frequency service), service, and competition;
‘‘(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system through
contributions to the Airport and Airways Trust
Fund;
‘‘(iii) continuing the promotion of fair and competitive practices;
‘‘(iv) the unique circumstances associated with
interisland air carrier service in Hawaii and rural
air service in Alaska;
‘‘(v) the impact such a recommendation would
have on service to small communities;
‘‘(vi) the impact such a recommendation would
have on services provided by regional air carriers;
‘‘(vii) alternative methodologies for calculating
fees so as to achieve a fair and reasonable distribution of costs of service among users;
‘‘(viii) the usefulness of phased-in approaches to
implementing such a financing system;
‘‘(ix) means of assuring the provision of general
fund contributions, as appropriate, toward the
support of the Administration; and
‘‘(x) the provision of incentives to encourage
greater efficiency in the provision of air traffic
services by the Administration and greater efficiency in the use of air traffic services by aircraft
operators.
‘‘(7) DUTIES OF AVIATION SAFETY TASK FORCE.—
‘‘(A) REPORT TO ADMINISTRATOR.—Not later than 1
year after the date of the enactment of this Act
[Oct. 9, 1996], the aviation safety task force established pursuant to paragraph (3) shall submit to the
Administrator a report setting forth a comprehensive analysis of aviation safety in the United States
and emerging trends in the safety of particular sectors of the aviation industry.
‘‘(B) CONTENTS.—The report to be submitted
under subparagraph (A) shall include an assessment
of—
‘‘(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors;
‘‘(ii) the Administration’s processes for ensuring the public safety from fraudulent parts in
civil aviation and the extent to which use of suspected unapproved parts requires additional oversight or enforcement action; and
‘‘(iii) the ability of the Administration to anticipate changes in the aviation industry and to
develop policies and actions to ensure the highest
level of aviation safety in the 21st century.
‘‘(8) ACCESS TO DOCUMENTS AND STAFF.—The Administration may give the Commission appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make
available, consistent with the authority to withhold
commercial and other proprietary information under
section 552 of title 5, United States Code (commonly
known as the ‘Freedom of Information Act’), cost
data associated with the acquisition and operation of
air traffic service systems. Any member of the Commission who receives commercial or other proprietary data from the Administrator shall be subject to
the provisions of section 1905 of title 18, United
States Code, pertaining to unauthorized disclosure of
such information.
‘‘(9) TRAVEL AND PER DIEM.—Each member of the
Commission shall be paid actual travel expenses, and
per diem in lieu of subsistence expenses when away
from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code.

§ 40101

‘‘(10) DETAIL OF PERSONNEL FROM THE ADMINISTRATION.—The Administrator shall make available to the
Commission such staff, information, and administrative services and assistance as may reasonably be required to enable the Commission to carry out its responsibilities under this subsection.
‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection.
‘‘(c) REPORTS TO CONGRESS.—
‘‘(1) REPORT BY THE SECRETARY BASED ON FINAL REPORT OF AVIATION FUNDING TASK FORCE.—
‘‘(A) CONSIDERATION OF TASK FORCE’S PRELIMINARY
REPORT.—Not later than 30 days after receiving the
preliminary report of the aviation funding task
force, the Secretary, in consultation with the Secretary of the Treasury, shall furnish comments on
the report to the task force.
‘‘(B) REPORT TO CONGRESS.—Not later than 30 days
after receiving the final report of the aviation funding task force, and in no event more than 1 year
after the date of the enactment of this Act, the Secretary, after consulting the Secretary of the Treasury, shall transmit a report to the Committee on
Commerce, Science, and Transportation and the
Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and
the Committee on Ways and Means of the House of
Representatives. Such report shall be based upon
the final report of the task force and shall contain
the Secretary’s recommendations for funding the
needs of the aviation system through the year 2002.
‘‘(C) CONTENTS.—The Secretary shall include in
the report to Congress under subparagraph (B)—
‘‘(i) a copy of the final report of the task force;
and
‘‘(ii) a draft bill containing the changes in law
necessary to implement the Secretary’s recommendations.
‘‘(D) PUBLICATION.—The Secretary shall cause a
copy of the report to be printed in the Federal Register upon its transmittal to Congress under subparagraph (B).
‘‘(2) REPORT BY THE ADMINISTRATOR BASED ON FINAL
REPORT OF AVIATION SAFETY TASK FORCE.—Not later
than 30 days after receiving the report of the aviation
safety task force, the Administrator shall transmit
the report to Congress, together with the Administrator’s recommendations for improving aviation safety
in the United States.
‘‘(d) GAO AUDIT OF COST ALLOCATION.—The Comptroller General shall conduct an assessment of the manner
in which costs for air traffic control services are allocated between the Administration and the Department
of Defense. The Comptroller General shall report the
results of the assessment, together with any recommendations the Comptroller General may have for reallocation of costs and for opportunities to increase the
efficiency of air traffic control services provided by the
Administration and by the Department of Defense, to
the Commission, the Administrator, the Secretary of
Defense, the Committee on Transportation and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation
of the Senate not later than 180 days after the date of
the enactment of this Act.
‘‘(e) GAO ASSESSMENT.—Not later than 180 days after
the date of the enactment of this Act, the Comptroller
General shall transmit to the Commission and Congress
an independent assessment of airport development
needs.’’
JOINT AVIATION RESEARCH AND DEVELOPMENT
PROGRAM
Pub. L. 103–305, title III, § 303, Aug. 23, 1994, 108 Stat.
1590, provided that:
‘‘(a) ESTABLISHMENT.—The Administrator [of the Federal Aviation Administration], in consultation with the
heads of other appropriate Federal agencies, shall

§ 40101

TITLE 49—TRANSPORTATION

jointly establish a program to conduct research on
aviation technologies that enhance United States competitiveness. The program shall include—
‘‘(1) next-generation satellite communications, including global positioning satellites;
‘‘(2) advanced airport and airplane security;
‘‘(3) environmentally compatible technologies, including technologies that limit or reduce noise and
air pollution;
‘‘(4) advanced aviation safety programs; and
‘‘(5) technologies and procedures to enhance and
improve airport and airway capacity.
‘‘(b) PROCEDURES FOR CONTRACTS AND GRANTS.—The
Administrator and the heads of the other appropriate
Federal agencies shall administer contracts and grants
entered into under the program established under subsection (a) in accordance with procedures developed
jointly by the Administrator and the heads of the other
appropriate Federal agencies. The procedures should
include an integrated acquisition policy for contract
and grant requirements and for technical data rights
that are not an impediment to joint programs among
the Federal Aviation Administration, the other Federal
agencies involved, and industry.
‘‘(c) PROGRAM ELEMENTS.—The program established
under subsection (a) shall include—
‘‘(1) selected programs that jointly enhance public
and private aviation technology development;
‘‘(2) an opportunity for private contractors to be involved in such technology research and development;
and
‘‘(3) the transfer of Government-developed technologies to the private sector to promote economic
strength and competitiveness.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Of amounts
authorized to be appropriated for fiscal years 1995 and
1996 under section 48102(a) of title 49, United States
Code, as amended by section 302 of this title, there are
authorized to be appropriated for fiscal years 1995 and
1996, respectively, such sums as may be necessary to
carry out this section.’’
AIR QUALITY IN AIRCRAFT CABINS
Pub. L. 108–176, title VIII, § 815, Dec. 12, 2003, 117 Stat.
2592, provided that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall undertake the studies
and analysis called for in the report of the National Research Council entitled ‘The Airliner Cabin Environment and the Health of Passengers and Crew’.
‘‘(b) REQUIRED ACTIVITIES.—In carrying out this section, the Administrator, at a minimum, shall—
‘‘(1) conduct surveillance to monitor ozone in the
cabin on a representative number of flights and aircraft to determine compliance with existing Federal
Aviation Regulations for ozone;
‘‘(2) collect pesticide exposure data to determine
exposures of passengers and crew;
‘‘(3) analyze samples of residue from aircraft ventilation ducts and filters after air quality incidents
to identify the contaminants to which passengers and
crew were exposed;
‘‘(4) analyze and study cabin air pressure and altitude; and
‘‘(5) establish an air quality incident reporting system.
‘‘(c) REPORT.—Not later than 30 months after the date
of enactment of this Act [Dec. 12, 2003], the Administrator shall transmit to Congress a report on the findings of the Administrator under this section.’’
Pub. L. 106–181, title VII, § 725, Apr. 5, 2000, 114 Stat.
166, provided that:
‘‘(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN
COMMERCIAL AIRCRAFT.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act [Apr. 5, 2000], the
Administrator [of the Federal Aviation Administration] shall arrange for and provide necessary data to
the National Academy of Sciences to conduct a 12month, independent study of air quality in passenger

Page 728

cabins of aircraft used in air transportation and foreign air transportation, including the collection of
new data, in coordination with the Federal Aviation
Administration, to identify contaminants in the aircraft air and develop recommendations for means of
reducing such contaminants.
‘‘(2) ALTERNATIVE AIR SUPPLY.—The study should
examine whether contaminants would be reduced by
the replacement of engine and auxiliary power unit
bleed air with an alternative supply of air for the aircraft passengers and crew.
‘‘(3) SCOPE.—The study shall include an assessment
and quantitative analysis of each of the following:
‘‘(A) Contaminants of concern, as determined by
the National Academy of Sciences.
‘‘(B) The systems of air supply on aircraft, including the identification of means by which contaminants may enter such systems.
‘‘(C) The toxicological and health effects of the
contaminants of concern, their byproducts, and the
products of their degradation.
‘‘(D) Any contaminant used in the maintenance,
operation, or treatment of aircraft, if a passenger
or a member of the air crew may be directly exposed to the contaminant.
‘‘(E) Actual measurements of the contaminants of
concern in the air of passenger cabins during actual
flights in air transportation or foreign air transportation, along with comparisons of such measurements to actual measurements taken in public
buildings.
‘‘(4) PROVISION OF CURRENT DATA.—The Administrator shall collect all data of the Federal Aviation
Administration that is relevant to the study and
make the data available to the National Academy of
Sciences in order to complete the study.
‘‘(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA.—
‘‘(1) IN GENERAL.—The Administrator may consider
the feasibility of using the flight data recording system on aircraft to monitor and record appropriate
data related to air inflow quality, including measurements of the exposure of persons aboard the aircraft
to contaminants during normal aircraft operation
and during incidents involving air quality problems.
‘‘(2) PASSENGER CABINS.—The Administrator may
also consider the feasibility of using the flight data
recording system to monitor and record data related
to the air quality in passengers cabins of aircraft.’’
Pub. L. 103–305, title III, § 304, Aug. 23, 1994, 108 Stat.
1591, provided that:
‘‘(a) ESTABLISHMENT.—The Administrator [of the Federal Aviation Administration], in consultation with the
heads of other appropriate Federal agencies, shall establish a research program to determine—
‘‘(1) what, if any, aircraft cabin air conditions, including pressure altitude systems, on flights within
the United States are harmful to the health of airline
passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness; and
‘‘(2) the risk of airline passengers and crew contracting infectious diseases during flight.
‘‘(b) CONTRACT WITH CENTER FOR DISEASE CONTROL.—
In carrying out the research program established under
subsection (a), the Administrator and the heads of the
other appropriate Federal agencies shall contract with
the Center for Disease Control [now Centers for Disease
Control and Prevention] and other appropriate agencies
to carry out any studies necessary to meet the goals of
the program set forth in subsection (c).
‘‘(c) GOALS.—The goals of the research program established under subsection (a) shall be—
‘‘(1) to determine what, if any, cabin air conditions
currently exist on domestic aircraft used for flights
within the United States that could be harmful to the
health of airline passengers and crew, as indicated by
physical symptoms such as headaches, nausea, fatigue, and lightheadedness, and including the risk of
infection by bacteria and viruses;
‘‘(2) to determine to what extent, changes in, cabin
air pressure, temperature, rate of cabin air circula-

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TITLE 49—TRANSPORTATION

tion, the quantity of fresh air per occupant, and humidity on current domestic aircraft would reduce or
eliminate the risk of illness or discomfort to airline
passengers and crew; and
‘‘(3) to establish a long-term research program to
examine potential health problems to airline passengers and crew that may arise in an airplane cabin
on a flight within the United States because of cabin
air quality as a result of the conditions and changes
described in paragraphs (1) and (2).
‘‘(d) PARTICIPATION.—In carrying out the research
program established under subsection (a), the Administrator shall encourage participation in the program by
representatives of aircraft manufacturers, air carriers,
aviation employee organizations, airline passengers,
and academia.
‘‘(e) REPORT.—(1) Within six months after the date of
enactment of this Act [Aug. 23, 1994], the Administrator
shall submit to the Congress a plan for implementation
of the research program established under subsection
(a).
‘‘(2) The Administrator shall annually submit to the
Congress a report on the progress made during the year
for which the report is submitted toward meeting the
goals set forth in subsection (c).
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of amounts
authorized to be appropriated for fiscal years 1995 and
1996 under section 48102(a) of title 49, United States
Code, as amended by section 302 of this title, there are
authorized to be appropriated for fiscal years 1995 and
1996, respectively, such sums as may be necessary to
carry out this section.’’
INFORMATION ON DISINSECTION OF AIRCRAFT
Pub. L. 103–305, title V, § 507, Aug. 23, 1994, 108 Stat.
1595, provided that:
‘‘(a) AVAILABILITY OF INFORMATION.—In the interest of
protecting the health of air travelers, the Secretary
shall publish a list of the countries (as determined by
the Secretary) that require disinsection of aircraft
landing in such countries while passengers and crew are
on board such aircraft.
‘‘(b) REVISION.—The Secretary shall revise the list required under subsection (a) on a periodic basis.
‘‘(c) PUBLICATION.—The Secretary shall publish the
list required under subsection (a) not later than 30 days
after the date of the enactment of this Act [Aug. 23,
1994]. The Secretary shall publish a revision to the list
not later than 30 days after completing the revision
under subsection (b).’’
GENERAL AVIATION REVITALIZATION ACT OF 1994
Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, § 3(e), Nov. 20, 1997, 111 Stat. 2215,
provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘General Aviation Revitalization Act of 1994’.
‘‘SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS
AGAINST AIRCRAFT MANUFACTURERS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), no civil action for damages for death or injury to
persons or damage to property arising out of an accident involving a general aviation aircraft may be
brought against the manufacturer of the aircraft or the
manufacturer of any new component, system, subassembly, or other part of the aircraft, in its capacity
as a manufacturer if the accident occurred—
‘‘(1) after the applicable limitation period beginning on—
‘‘(A) the date of delivery of the aircraft to its first
purchaser or lessee, if delivered directly from the
manufacturer; or
‘‘(B) the date of first delivery of the aircraft to a
person engaged in the business of selling or leasing
such aircraft; or
‘‘(2) with respect to any new component, system,
subassembly, or other part which replaced another

§ 40101

component, system, subassembly, or other part originally in, or which was added to, the aircraft, and
which is alleged to have caused such death, injury, or
damage, after the applicable limitation period beginning on the date of completion of the replacement or
addition.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply—
‘‘(1) if the claimant pleads with specificity the facts
necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to
continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from
the Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or
other part, that is causally related to the harm which
the claimant allegedly suffered;
‘‘(2) if the person for whose injury or death the
claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency;
‘‘(3) if the person for whose injury or death the
claim is being made was not aboard the aircraft at
the time of the accident; or
‘‘(4) to an action brought under a written warranty
enforceable under law but for the operation of this
Act.
‘‘(c) GENERAL AVIATION AIRCRAFT DEFINED.—For the
purposes of this Act, the term ‘general aviation aircraft’ means any aircraft for which a type certificate or
an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration,
which, at the time such certificate was originally issued, had a maximum seating capacity of fewer than 20
passengers, and which was not, at the time of the accident, engaged in scheduled passenger-carrying operations as defined under regulations in effect under part
A of subtitle VII of title 49, United States Code, at the
time of the accident.
‘‘(d) RELATIONSHIP TO OTHER LAWS.—This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be
brought after the applicable limitation period for such
civil action established by subsection (a).
‘‘SEC. 3. OTHER DEFINITIONS.
‘‘For purposes of this Act—
‘‘(1) the term ‘aircraft’ has the meaning given such
term in section 40102(a)(6) of title 49, United States
Code;
‘‘(2) the term ‘airworthiness certificate’ means an
airworthiness certificate issued under section
44704(c)(1) of title 49, United States Code, or under
any predecessor Federal statute;
‘‘(3) the term ‘limitation period’ means 18 years
with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of
such aircraft; and
‘‘(4) the term ‘type certificate’ means a type certificate issued under section 44704(a) of title 49, United
States Code, or under any predecessor Federal statute.
‘‘SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
‘‘(a) EFFECTIVE DATE.—Except as provided in subsection (b), this Act shall take effect on the date of the
enactment of this Act [Aug. 17, 1994].
‘‘(b) APPLICATION OF ACT.—This Act shall not apply
with respect to civil actions commenced before the
date of the enactment of this Act.’’
NATIONAL COMMISSION TO ENSURE A STRONG
COMPETITIVE AIRLINE INDUSTRY
Pub. L. 102–581, title II, § 204, Oct. 31, 1992, 106 Stat.
4891, as amended Pub. L. 103–13, § 1, Apr. 7, 1993, 107
Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Indus-

§ 40101

TITLE 49—TRANSPORTATION

try to make a complete investigation and study of financial condition of the airline industry, adequacy of
competition in the airline industry, and legal impediments to a financially strong and competitive airline
industry, to report to President and Congress not later
than 90 days after the date on which initial appointments of members to the Commission were completed,
and to terminate on the 30th day following transmission of report.
EX. ORD. NO. 13479. TRANSFORMATION OF THE NATIONAL
AIR TRANSPORTATION SYSTEM
Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the United States
to establish and maintain a national air transportation
system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United
States, including through effective implementation of
the Next Generation Air Transportation System
(NextGen).
SEC. 2. Definitions. As used in this order the term
‘‘Next Generation Air Transportation System’’ means
the system to which section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law
108–176) (Act) refers.
SEC. 3. Functions of the Secretary of Transportation.
Consistent with sections 709 and 710 of the Act and the
policy set forth in section 1 of this order, the Secretary
of Transportation shall:
(a) take such action within the authority of the Secretary, and recommend as appropriate to the President
such action as is within the authority of the President,
to implement the policy set forth in section 1 of this
order and in particular to implement the NextGen in a
safe, secure, timely, environmentally sound, efficient,
and effective manner;
(b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section
1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee);
(c) not later than 60 days after the date of this order,
establish within the Department of Transportation a
support staff (Staff), including employees from departments and agencies assigned pursuant to subsection
4(e) of this order, to support, as directed by the Secretary, the Secretary and the Committee in the performance of their duties relating to the policy set forth
in section 1 of this order; and
(d) not later than 180 days after the date of this order,
establish an advisory committee to provide advice to
the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set
forth in section 1 of this order, including aviation-related subjects and any related performance measures
specified by the Secretary, pursuant to section 710 of
the Act.
SEC. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth
in section 1 of this order:
(a) the Secretary of Defense shall assist the Secretary
of Transportation by:
(i) collaborating, as appropriate, and verifying that
the NextGen meets the national defense needs of the
United States consistent with the policies and plans
established under applicable Presidential guidance;
and
(ii) furnishing, as appropriate, data streams to integrate national defense capabilities of the United
States civil and military systems relating to the national air transportation system, and coordinating
the development of requirements and capabilities to
address tracking and other activities relating to noncooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate;

Page 730

(b) the Secretary of Commerce shall:
(i) develop and make available, as appropriate, the
capabilities of the Department of Commerce, including those relating to aviation weather and spectrum
management, to support the NextGen; and
(ii) take appropriate account of the needs of the
NextGen in the trade, commerce, and other activities
of the Department of Commerce, including those relating to the development and setting of standards;
(c) the Secretary of Homeland Security shall assist
the Secretary of Transportation by ensuring that:
(i) the NextGen includes the aviation-related security capabilities necessary to ensure the security of
persons, property, and activities within the national
air transportation system consistent with the policies and plans established under applicable Presidential guidance; and
(ii) the Department of Homeland Security shall
continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate;
(d) the Administrator of the National Aeronautics
and Space Administration shall carry out the Administrator’s duties under Executive Order 13419 of December
20, 2006, in a manner consistent with that order and the
policy set forth in section 1 of this order;
(e) the heads of executive departments and agencies
shall provide to the Secretary of Transportation such
information and assistance, including personnel and
other resources for the Staff to which subsection 3(c) of
this order refers, as may be necessary and appropriate
to implement this order as agreed to by the heads of
the departments and agencies involved; and
(f) the Director of the Office of Management and
Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order.
SEC. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified
in section 710 of the Act, the Committee shall:
(a) report not less often than every 2 years to the
President, through the Secretary of Transportation, on
progress made and projected to implement the policy
set forth in section 1 of this order, together with such
recommendations including performance measures for
administrative or other action as the Committee determines appropriate;
(b) review the proposals by the heads of executive departments and agencies to the Director of the Office of
Management and Budget with respect to programs affecting the policy set forth in section 1 of this order,
and make recommendations including performance
measures thereon, through the Secretary of Transportation, to the Director; and
(c) advise the Secretary of Transportation and,
through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Security, and
the Administrator of the National Aeronautics and
Space Administration, with respect to the activities of
their departments and agencies in the implementation
of the policy set forth in section 1 of this order.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or
agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or
any other person.
GEORGE W. BUSH.

Page 731

TITLE 49—TRANSPORTATION

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

§ 40102. Definitions
(a) GENERAL DEFINITIONS.—In this part—
(1) ‘‘aeronautics’’ means the science and art
of flight.
(2) ‘‘air carrier’’ means a citizen of the
United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) ‘‘air commerce’’ means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or
the operation of aircraft that directly affects,
or may endanger safety in, foreign or interstate air commerce.
(4) ‘‘air navigation facility’’ means a facility
used, available for use, or designed for use, in
aid of air navigation, including—
(A) a landing area;
(B) a light;
(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and
(D) another structure or mechanism for
guiding or controlling flight in the air or the
landing and takeoff of aircraft.
(5) ‘‘air transportation’’ means foreign air
transportation, interstate air transportation,
or the transportation of mail by aircraft.
(6) ‘‘aircraft’’ means any contrivance invented, used, or designed to navigate, or fly in,
the air.
(7) ‘‘aircraft engine’’ means an engine used,
or intended to be used, to propel an aircraft,
including a part, appurtenance, and accessory
of the engine, except a propeller.
(8) ‘‘airman’’ means an individual—
(A) in command, or as pilot, mechanic, or
member of the crew, who navigates aircraft
when under way;
(B) except to the extent the Administrator
of the Federal Aviation Administration may
provide otherwise for individuals employed
outside the United States, who is directly in
charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines,
propellers, or appliances; or
(C) who serves as an aircraft dispatcher or
air traffic control-tower operator.
(9) ‘‘airport’’ means a landing area used regularly by aircraft for receiving or discharging
passengers or cargo.
(10) ‘‘all-cargo air transportation’’ means
the transportation by aircraft in interstate air
transportation of only property or only mail,
or both.
(11) ‘‘appliance’’ means an instrument,
equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being
used, or intended to be used, in operating or
controlling aircraft in flight, including a parachute, communication equipment, and another
mechanism installed in or attached to aircraft

§ 40102

during flight, and not a part of an aircraft, aircraft engine, or propeller.
(12) ‘‘cargo’’ means property, mail, or both.
(13) ‘‘charter air carrier’’ means an air carrier holding a certificate of public convenience
and necessity that authorizes it to provide
charter air transportation.
(14) ‘‘charter air transportation’’ means
charter trips in air transportation authorized
under this part.
(15) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the
United States;
(B) a partnership each of whose partners is
an individual who is a citizen of the United
States; or
(C) a corporation or association organized
under the laws of the United States or a
State, the District of Columbia, or a territory or possession of the United States, of
which the president and at least two-thirds
of the board of directors and other managing
officers are citizens of the United States,
which is under the actual control of citizens
of the United States, and in which at least 75
percent of the voting interest is owned or
controlled by persons that are citizens of the
United States.
(16) ‘‘civil aircraft’’ means an aircraft except
a public aircraft.
(17) ‘‘civil aircraft of the United States’’
means an aircraft registered under chapter 441
of this title.
(18) ‘‘conditional sales contract’’ means a
contract—
(A) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part,
under which the buyer takes possession of
the property but title to the property vests
in the buyer at a later time on—
(i) paying any part of the purchase price;
(ii) performing another condition; or
(iii) the happening of a contingency; or
(B) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part,
under which the bailee or lessee—
(i) agrees to pay an amount substantially equal to the value of the property;
and
(ii) is to become, or has the option of becoming, the owner of the property on complying with the contract.
(19) ‘‘conveyance’’ means an instrument, including a conditional sales contract, affecting
title to, or an interest in, property.
(20) ‘‘Federal airway’’ means a part of the
navigable airspace that the Administrator designates as a Federal airway.
(21) ‘‘foreign air carrier’’ means a person, not
a citizen of the United States, undertaking by
any means, directly or indirectly, to provide
foreign air transportation.
(22) ‘‘foreign air commerce’’ means the
transportation of passengers or property by
aircraft for compensation, the transportation
of mail by aircraft, or the operation of aircraft
in furthering a business or vocation, between a
place in the United States and a place outside
the United States when any part of the transportation or operation is by aircraft.