Federal Aviation Administration

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TITLE 49—TRANSPORTATION

(1) duties and powers vested in the Secretary
by chapter 4 of title 23, except those related to
highway design, construction and maintenance, traffic control devices, identification
and surveillance of accident locations, and
highway-related aspects of pedestrian safety;
and
(2) additional duties and powers prescribed
by the Secretary.
(d) The Secretary may carry out chapter 301 of
this title through the Administrator.
(e) The Administrator shall consult with the
Federal Highway Administrator on all matters
related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415;
Pub. L. 103–272, § 5(m)(3), July 5, 1994, 108 Stat.
1375.)
HISTORICAL AND REVISION NOTES
Revised
Section
105 .............

Source (U.S. Code)
23:401 (note).

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–564,
§ 201(a) (less pay of Administrator and Deputy Administrator), (b)(2), (c),
(d), 80 Stat. 735; Oct. 15,
1966, Pub. L. 89–670, § 8(h),
80 Stat. 943; restated Dec.
31, 1970, Pub. L. 91–605,
§ 202(a), 84 Stat. 1739.

In subsection (a), the words ‘‘The . . . is an administration in the’’ are substituted for ‘‘There is hereby established within the’’, in section 201(a) (1st sentence) of
the Highway Safety Act of 1966 (Pub. L. 89–564, 80 Stat.
731) to conform to other sections of the revised title.
The words ‘‘(hereafter in this section referred to as the
‘Administration’)’’ are omitted as unnecessary.
In subsection (c), the words ‘‘carry out . . . duties and
powers . . . prescribed by the Secretary’’ are substituted for ‘‘perform such duties as are delegated to
him by the Secretary’’ to eliminate surplus words and
for consistency. The list of excepted programs in clause
(1) is substituted for ‘‘highway safety programs, research and development not specifically referred to in
paragraph (1) of this subsection’’, in section 201(b)(2) of
the Highway Safety Act of 1966 for clarity.
In subsection (d), the words ‘‘Administration . . . authorized by this section’’ are omitted as surplus.
The text of section 201(d) of the Highway Safety Act
of 1966 is omitted as executed.
AMENDMENTS
1994—Subsec. (d). Pub. L. 103–272 substituted ‘‘chapter
301 of this title’’ for ‘‘the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)’’.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE
Pub. L. 112–141, div. C, title I, § 31401, July 6, 2012, 126
Stat. 772, provided that:
‘‘(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE
SOFTWARE, AND EMERGING TECHNOLOGIES.—
‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall establish, within the National Highway
Traffic Safety Administration, a Council for Vehicle
Electronics, Vehicle Software, and Emerging Technologies (referred to in this section as the ‘Council’)
to build, integrate, and aggregate the Administration’s expertise in passenger motor vehicle electronics and other new and emerging technologies.
‘‘(2) IMPLEMENTATION OF ROADMAP.—The Council
shall research the inclusion of emerging lightweight
plastic and composite technologies in motor vehicles
to increase fuel efficiency, lower emissions, meet fuel
economy standards, and enhance passenger motor ve-

§ 106

hicle safety through continued utilization of the Administration’s Plastic and Composite Intensive Vehicle Safety Roadmap (Report No. DOT HS 810 863).
‘‘(3) INTRA-AGENCY COORDINATION.—The Council
shall coordinate with all components of the Administration responsible for vehicle safety, including research and development, rulemaking, and defects investigation.
‘‘(b) HONORS RECRUITMENT PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students
interested in vehicle safety that will enable such students to train with engineers and other safety officials for careers in vehicle safety.
‘‘(2) STIPEND.—The Secretary is authorized to provide a stipend to any student during the student’s
participation in the program established under paragraph (1).
‘‘(c) ASSESSMENT.—The Council, in consultation with
affected stakeholders, shall periodically assess the implications of emerging safety technologies in passenger
motor vehicles, including the effect of such technologies on consumers, product availability, and cost.’’

§ 106. Federal Aviation Administration
(a) The Federal Aviation Administration is an
administration in the Department of Transportation.
(b) The head of the Administration is the Administrator, who shall be appointed by the
President, by and with the advice and consent of
the Senate. When making an appointment, the
President shall consider the fitness of the individual to carry out efficiently the duties and
powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of
Transportation. The term of office for any individual appointed as Administrator after August
23, 1994, shall be 5 years.
(c) The Administrator must—
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related
to aviation.
(d)(1) The Administration has a Deputy Administrator, who shall be appointed by the
President. In making an appointment, the President shall consider the fitness of the appointee
to efficiently carry out the duties and powers of
the office. The Deputy Administrator shall be a
citizen of the United States and have experience
in a field directly related to aviation. An officer
on active duty in an armed force may be appointed as Deputy Administrator. However, if
the Administrator is a former regular officer of
an armed force, the Deputy Administrator may
not be an officer on active duty in an armed
force, a retired regular officer of an armed force,
or a former regular officer of an armed force.
(2) The annual rate of basic pay of the Deputy
Administrator shall be set by the Secretary but
shall not exceed the annual rate of basic pay
payable to the Administrator of the Federal
Aviation Administration.
(3) An officer on active duty or a retired officer serving as Deputy Administrator is entitled
to hold a rank and grade not lower than that
held when appointed as Deputy Administrator.
The Deputy Administrator may elect to receive
(A) the pay provided by law for the Deputy Ad-

§ 106

TITLE 49—TRANSPORTATION

ministrator, or (B) the pay and allowances or
the retired pay of the military grade held. If the
Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate
military department from funds available for
the expenses of the Administration.
(4) The appointment and service of a member
of the armed forces as a Deputy Administrator
does not affect the status, office, rank, or grade
held by that member, or a right or benefit arising from the status, office, rank, or grade. The
Secretary of a military department does not
control the member when the member is carrying out duties and powers of the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or
own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation,
or employment.
(f) AUTHORITY OF THE SECRETARY AND THE ADMINISTRATOR.—
(1) AUTHORITY OF THE SECRETARY.—Except as
provided in paragraph (2), the Secretary of
Transportation shall carry out the duties and
powers, and controls the personnel and activities, of the Administration. Neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the
decisions or recommendations of, a committee, board, or organization established by executive order.
(2) AUTHORITY OF THE ADMINISTRATOR.—The
Administrator—
(A) is the final authority for carrying out
all functions, powers, and duties of the Administration relating to—
(i) the appointment and employment of
all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition and maintenance of
property, services, and equipment of the
Administration;
(iii) except as otherwise provided in
paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins,
and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement
Act of 1996 (or any amendment made by
that Act);
(B) shall offer advice and counsel to the
President with respect to the appointment
and qualifications of any officer or employee
of the Administration to be appointed by the
President or as a political appointee;
(C) may delegate, and authorize successive
redelegations of, to an officer or employee of
the Administration any function, power, or
duty conferred upon the Administrator, unless such delegation is prohibited by law;
and
(D) except as otherwise provided for in this
title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or

Page 24

seek the advice or views of the Secretary or
any other officer or employee of the Department of Transportation on any matter with
respect to which the Administrator is the
final authority.
(3) REGULATIONS.—
(A) IN GENERAL.—In the performance of the
functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those
functions. The issuance of such regulations
shall be governed by the provisions of chapter 5 of title 5. The Administrator shall act
upon all petitions for rulemaking no later
than 6 months after the date such petitions
are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking. The Administrator shall issue a
final regulation, or take other final action,
not later than 16 months after the last day
of the public comment period for the regulations or, in the case of an advanced notice of
proposed rulemaking, if issued, not later
than 24 months after the date of publication
in the Federal Register of notice of the proposed rulemaking. On February 1 and August 1 of each year the Administrator shall
submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the
Senate a letter listing each deadline the Administrator missed under this subparagraph
during the 6-month period ending on such
date, including an explanation for missing
the deadline and a projected date on which
the action that was subject to the deadline
will be taken.
(B) APPROVAL OF SECRETARY OF TRANSPORTATION.—(i) The Administrator may not
issue a proposed regulation or final regulation that is likely to result in the expenditure by State, local, and tribal governments
in the aggregate, or by the private sector, of
$250,000,000 or more (adjusted annually for
inflation beginning with the year following
the date of the enactment of the Wendell H.
Ford Aviation Investment and Reform Act
for the 21st Century) in any year, or any regulation which is significant, unless the Secretary of Transportation approves the issuance of the regulation in advance. For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation is likely to—
(I) have an annual effect on the economy
of $250,000,000 or more or adversely affect
in a substantial and material way the
economy, a sector of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or
tribal governments or communities; or
(II) raise novel or significant legal or
policy issues arising out of legal mandates
that may substantially and materially affect other transportation modes.

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TITLE 49—TRANSPORTATION

(ii) In an emergency, the Administrator
may issue a regulation described in clause (i)
without prior approval by the Secretary, but
any such emergency regulation is subject to
ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays,
Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
(iii) Any regulation that does not meet the
criteria of clause (i), and any regulation or
other action that is a routine or frequent action or a procedural action, may be issued by
the Administrator without review or approval by the Secretary.
(iv) The Administrator shall submit a copy
of any regulation requiring approval by the
Secretary under clause (i) to the Secretary,
who shall either approve it or return it to
the Administrator with comments within 45
days after receiving it.
(C) PERIODIC REVIEW.—(i) Beginning on the
date which is 3 years after the date of the
enactment of the Air Traffic Management
System Performance Improvement Act of
1996, the Administrator shall review any unusually burdensome regulation issued by the
Administrator after such date of enactment
beginning not later than 3 years after the effective date of the regulation to determine if
the cost assumptions were accurate, the benefit of the regulations, and the need to continue such regulations in force in their
present form.
(ii) The Administrator may identify for review under the criteria set forth in clause (i)
unusually burdensome regulations that were
issued before the date of the enactment of
the Air Traffic Management System Performance Improvement Act of 1996 and that
have been in force for more than 3 years.
(iii) For purposes of this subparagraph, the
term ‘‘unusually burdensome regulation’’
means any regulation that results in the annual expenditure by State, local, and tribal
governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted
annually for inflation beginning with the
year following the date of the enactment of
the Air Traffic Management System Performance Act of 1996) in any year.
(iv) The periodic review of regulations may
be performed by advisory committees and
the Management Advisory Council established under subsection (p).
(4) DEFINITION OF POLITICAL APPOINTEE.—For
purposes of this subsection, the term ‘‘political appointee’’ means any individual who—
(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to
the Executive Schedule);
(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in the Senior Executive Service, as
defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5
of the Code of Federal Regulations.

§ 106

(g) DUTIES AND POWERS OF ADMINISTRATOR.—(1)
Except as provided in paragraph (2) of this subsection, the Administrator shall carry out—
(A) duties and powers of the Secretary of
Transportation under subsection (f) of this
section related to aviation safety (except
those related to transportation, packaging,
marking, or description of hazardous material)
and stated in sections 308(b), 1132(c) and (d),
40101(c), 40103(b), 40106(a), 40108, 40109(b),
40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and
40119, chapter 445 (except sections 44501(b),
44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506,
44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719,
44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911,
44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2),
46303(c),
46304–46308,
46310,
46311,
and
46313–46316, chapter 465, and sections 47504(b)
(related to flight procedures), 47508(a), and
48107 of this title; and
(B) additional duties and powers prescribed
by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901,
44903(a)–(c) and (e), 44906, 44912, 44935–44937,
44938(a) and (b), and 48107 of this title, paragraph
(1)(A) of this subsection does not apply to duties
and powers vested in the Director of Intelligence
and Security by section 44931 1 of this title.
(h) Section 40101(d) of this title applies to duties and powers specified in subsection (g)(1) of
this section. Any of those duties and powers
may be transferred to another part of the Department only when specifically provided by law
or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator
in carrying out those duties or powers is administratively final.
(i) The Deputy Administrator shall carry out
duties and powers prescribed by the Administrator. The Deputy Administrator acts for the
Administrator when the Administrator is absent
or unable to serve, or when the office of the Administrator is vacant.
(j) There is established within the Federal
Aviation Administration an institute to conduct
civil aeromedical research under section 44507 of
this title. Such institute shall be known as the
‘‘Civil Aeromedical Institute’’. Research conducted by the institute should take appropriate
advantage of capabilities of other government
agencies, universities, or the private sector.
(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.—
(1) SALARIES, OPERATIONS, AND MAINTENANCE.—There is authorized to be appropriated
to the Secretary of Transportation for salaries, operations, and maintenance of the Administration—
(A) $9,653,000,000 for fiscal year 2012;
(B) $9,539,000,000 for fiscal year 2013;
(C) $9,596,000,000 for fiscal year 2014; and
(D) $9,653,000,000 for fiscal year 2015.
Such sums shall remain available until expended.
EXPENDITURES.—Out
of
(2)
AUTHORIZED
amounts appropriated under paragraph (1), the
following expenditures are authorized:
1 See

References in Text note below.

§ 106

TITLE 49—TRANSPORTATION

(A) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out and
expand the Air Traffic Control Collegiate
Training Initiative.
(B) Such sums as may be necessary for fiscal years 2012 through 2015 for the completion of the Alaska aviation safety project
with respect to the 3 dimensional mapping of
Alaska’s main aviation corridors.
(C) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out the
Aviation Safety Reporting System and the
development and maintenance of helicopter
approach procedures.
(3) ADMINISTERING PROGRAM WITHIN AVAILFUNDING.—Notwithstanding any other
provision of law, in each of fiscal years 2012
through 2015, if the Secretary determines that
the funds appropriated under paragraph (1) are
insufficient to meet the salary, operations,
and maintenance expenses of the Federal
Aviation Administration, as authorized by
this section, the Secretary shall reduce nonsafety-related activities of the Administration
as necessary to reduce such expenses to a level
that can be met by the funding available
under paragraph (1).
ABLE

(l) PERSONNEL AND SERVICES.—
(1) OFFICERS AND EMPLOYEES.—Except as provided in subsections (a) and (g) of section
40122, the Administrator is authorized, in the
performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to
carry out the functions of the Administrator
and the Administration. In fixing compensation and benefits of officers and employees,
the Administrator shall not engage in any
type of bargaining, except to the extent provided for in section 40122(a), nor shall the Administrator be bound by any requirement to
establish such compensation or benefits at
particular levels.
(2) EXPERTS AND CONSULTANTS.—The Administrator is authorized to obtain the services of
experts and consultants in accordance with
section 3109 of title 5.
(3) TRANSPORTATION AND PER DIEM EXPENSES.—The Administrator is authorized to
pay transportation expenses, and per diem in
lieu of subsistence expenses, in accordance
with chapter 57 of title 5.
(4) USE OF PERSONNEL FROM OTHER AGENCIES.—The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551(1) of title 5).
(5) VOLUNTARY SERVICES.—
(A) GENERAL RULE.—In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and
uncompensated services if such services are
used to displace Federal employees employed on a full-time, part-time, or seasonal
basis.
(B) INCIDENTAL EXPENSES.—The Administrator is authorized to provide for incidental

Page 26

expenses, including transportation, lodging,
and subsistence, for volunteers who provide
voluntary services under this subsection.
(C) LIMITED TREATMENT AS FEDERAL EMPLOYEES.—An individual who provides voluntary services under this subsection shall
not be considered a Federal employee for
any purpose other than for purposes of chapter 81 of title 5, relating to compensation for
work injuries, and chapter 171 of title 28, relating to tort claims.
(6) CONTRACTS.—The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or
other transactions as may be necessary to
carry out the functions of the Administrator
and the Administration. The Administrator
may enter into such contracts, leases, cooperative agreements, and other transactions with
any Federal agency (as such term is defined in
section 551(1) of title 5) or any instrumentality
of the United States, any State, territory, or
possession, or political subdivision thereof,
any other governmental entity, or any person,
firm, association, corporation, or educational
institution, on such terms and conditions as
the Administrator may consider appropriate.
(m) COOPERATION BY ADMINISTRATOR.—With
the consent of appropriate officials, the Administrator may, with or without reimbursement,
use or accept the services, equipment, personnel,
and facilities of any other Federal agency (as
such term is defined in section 551(1) of title 5)
and any other public or private entity. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of
services, equipment, personnel, and facilities.
The head of each Federal agency shall cooperate
with the Administrator in making the services,
equipment, personnel, and facilities of the Federal agency available to the Administrator. The
head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer
to or to receive from the Administration, with
or without reimbursement, supplies, personnel,
services, and equipment other than administrative supplies or equipment.
(n) ACQUISITION.—
(1) IN GENERAL.—The Administrator is authorized—
(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents),
or any interest therein, within and outside
the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for
eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and
maintain equipment for these facilities.

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TITLE 49—TRANSPORTATION

(2) TITLE.—Title to any property or interest
therein acquired pursuant to this subsection
shall be held by the Government of the United
States.
(o) TRANSFERS OF FUNDS.—The Administrator
is authorized to accept transfers of unobligated
balances and unexpended balances of funds appropriated to other Federal agencies (as such
term is defined in section 551(1) of title 5) to
carry out functions transferred by law to the
Administrator or functions transferred pursuant
to law to the Administrator on or after the date
of the enactment of the Air Traffic Management
System Performance Improvement Act of 1996.
(p) MANAGEMENT ADVISORY COUNCIL AND AIR
TRAFFIC SERVICES BOARD.—
(1) ESTABLISHMENT.—Within 3 months after
the date of the enactment of the Air Traffic
Management System Performance Improvement Act of 1996, the Administrator shall establish an advisory council which shall be
known as the Federal Aviation Management
Advisory Council (in this subsection referred
to as the ‘‘Council’’). With respect to Administration management, policy, spending, funding, and regulatory matters affecting the aviation industry, the Council may submit comments, recommended modifications, and dissenting views to the Administrator. The Administrator shall include in any submission to
Congress, the Secretary, or the general public,
and in any submission for publication in the
Federal Register, a description of the comments, recommended modifications, and dissenting views received from the Council, together with the reasons for any differences between the views of the Council and the views
or actions of the Administrator.
(2) MEMBERSHIP.—The Council shall consist
of 13 members, who shall consist of—
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation interests, appointed by—
(i) in the case of initial appointments to
the Council, the President by and with the
advice and consent of the Senate, except
that initial appointments made after May
1, 2003, shall be made by the Secretary of
Transportation; and
(ii) in the case of subsequent appointments to the Council, the Secretary of
Transportation; and
(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by the Secretary of Transportation.
(3) QUALIFICATIONS.—No officer or employee
of the United States Government may be appointed to the Council under paragraph (2)(C)
or to the Air Traffic Services Committee.
(4) FUNCTIONS.—
(A) IN GENERAL.—(i) The Council shall provide advice and counsel to the Administrator on issues which affect or are affected
by the operations of the Administrator. The
Council shall function as an oversight resource for management, policy, spending,
and regulatory matters under the jurisdiction of the Administration.

§ 106

(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the
analysis and ensure that the public interest
is fully protected.
(iii) The Council shall review the process
through which the Administration determines to use advisory circulars and service
bulletins.
(B) MEETINGS.—The Council shall meet on
a regular and periodic basis or at the call of
the chairman or of the Administrator.
(C) ACCESS TO DOCUMENTS AND STAFF.—The
Administration may give the Council or Air
Traffic Services Committee appropriate access to relevant documents and personnel of
the Administration, and the Administrator
shall make available, consistent with the
authority to withhold commercial and other
proprietary information under section 552 of
title 5 (commonly known as the ‘‘Freedom of
Information Act’’), cost data associated with
the acquisition and operation of air traffic
service systems. Any member of the Council
or Air Traffic Services Committee who receives commercial or other proprietary data
from the Administrator shall be subject to
the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such
information.
(5) FEDERAL ADVISORY COMMITTEE ACT NOT TO
APPLY.—The Federal Advisory Committee Act
(5 U.S.C. App.) does not apply to the Council,
the Air Traffic Services Committee, or such
aviation rulemaking committees as the Administrator shall designate.
(6) ADMINISTRATIVE MATTERS.—
(A) TERMS OF MEMBERS APPOINTED UNDER
PARAGRAPH (2)(C).—Members of the Council
appointed under paragraph (2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the President under
paragraph (2)(C)—
(i) 3 shall be appointed for terms of 1
year;
(ii) 4 shall be appointed for terms of 2
years; and
(iii) 3 shall be appointed for terms of 3
years.
(B) TERM FOR AIR TRAFFIC CONTROL REPRESENTATIVE.—The member appointed under
paragraph (2)(D) shall be appointed for a
term of 3 years, except that the term of such
individual shall end whenever the individual
no longer meets the requirements of paragraph (2)(D).
(C) TERMS FOR AIR TRAFFIC SERVICES COMMITTEE MEMBERS.—The members appointed
to the Air Traffic Services Committee shall
be appointed for a term of 5 years, except
that the first members of the Committee
shall be the members of the Air Traffic Services Subcommittee of the Council on the day
before the date of enactment of the Vision
100—Century of Aviation Reauthorization
Act who shall serve in an advisory capacity
until such time as the President appoints
the members of the Committee under paragraph (7).
(D) REAPPOINTMENT.—An individual may
not be appointed to the Committee to more
than two 5-year terms.

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TITLE 49—TRANSPORTATION

(E) VACANCY.—Any vacancy on the Council
or Committee shall be filled in the same
manner as the original appointment, except
that any vacancy caused by a member appointed by the President under paragraph
(2)(C)(i) shall be filled by the Secretary in
accordance with paragraph (2)(C)(ii). Any
member appointed to fill a vacancy occurring before the expiration of the term for
which the member’s predecessor was appointed shall be appointed for the remainder
of that term.
(F) CONTINUATION IN OFFICE.—A member of
the Council or Committee whose term expires shall continue to serve until the date
on which the member’s successor takes office.
(G) REMOVAL.—Any member of the Council
appointed under paragraph (2)(D) may be removed for cause by the President or Secretary whoever makes the appointment. Any
member of the Committee may be removed
for cause by the Secretary.
(H) CLAIMS AGAINST MEMBERS OF COMMITTEE.—
(i) IN GENERAL.—A member appointed to
the Committee shall have no personal liability under Federal law with respect to
any claim arising out of or resulting from
an act or omission by such member within
the scope of service as a member of the
Committee.
(ii) EFFECT ON OTHER LAW.—This subparagraph shall not be construed—
(I) to affect any other immunity or
protection that may be available to a
member of the Subcommittee under applicable law with respect to such transactions;
(II) to affect any other right or remedy
against the United States under applicable law; or
(III) to limit or alter in any way the
immunities that are available under applicable law for Federal officers and employees.
(I) ETHICAL CONSIDERATIONS.—
(i) FINANCIAL DISCLOSURE.—During the
entire period that an individual is serving
as a member of the Committee, such individual shall be treated as serving as an officer or employee referred to in section
101(f) of the Ethics in Government Act of
1978 for purposes of title I of such Act; except that section 101(d) of such Act shall
apply without regard to the number of
days of service in the position.
(ii) RESTRICTIONS ON POST-EMPLOYMENT.—
For purposes of section 207(c) of title 18, an
individual who is a member of the Committee shall be treated as an employee referred to in section 207(c)(2)(A)(i) of such
title during the entire period the individual is a member of the Committee; except
that subsections (c)(2)(B) and (f) of section
207 of such title shall not apply.
(J) CHAIRMAN; VICE CHAIRMAN.—The Council shall elect a chair and a vice chair from
among the members appointed under paragraph (2)(C), each of whom shall serve for a

Page 28

term of 1 year. The vice chair shall perform
the duties of the chairman in the absence of
the chairman.
(K) TRAVEL AND PER DIEM.—Each member
of the Council or Committee shall be paid
actual travel expenses, and per diem in lieu
of subsistence expenses when away from his
or her usual place of residence, in accordance with section 5703 of title 5.
(L) DETAIL OF PERSONNEL FROM THE ADMINISTRATION.—The Administrator shall make
available to the Council or Committee such
staff, information, and administrative services and assistance as may reasonably be required to enable the Council or Committee
to carry out its responsibilities under this
subsection.
(7) AIR TRAFFIC SERVICES COMMITTEE.—
(A) ESTABLISHMENT.—The Administrator
shall establish a committee that is independent of the Council by converting the Air
Traffic Services Subcommittee of the Council, as in effect on the day before the date of
enactment of the Vision 100—Century of
Aviation Reauthorization Act, into such
committee. The committee shall be known
as the Air Traffic Services Committee (in
this subsection referred to as the ‘‘Committee’’).
(B) MEMBERSHIP AND QUALIFICATIONS.—
Subject to paragraph (6)(C), the Committee
shall consist of five members, one of whom
shall be the Administrator and shall serve as
chairperson. The remaining members shall
be appointed by the President with the advice and consent of the Senate and—
(i) shall have a fiduciary responsibility
to represent the public interest;
(ii) shall be citizens of the United States;
and
(iii) shall be appointed without regard to
political affiliation and solely on the basis
of their professional experience and expertise in one or more of the following areas
and, in the aggregate, should collectively
bring to bear expertise in all of the following areas:
(I) Management of large service organizations.
(II) Customer service.
(III) Management of large procurements.
(IV) Information and communications
technology.
(V) Organizational development.
(VI) Labor relations.
(C) PROHIBITIONS ON MEMBERS OF COMMITTEE.—No member of the Committee may—
(i) have a pecuniary interest in, or own
stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a
diversified mutual fund or an interest that
is exempt from the application of section
208 of title 18;
(ii) engage in another business related to
aviation or aeronautics; or
(iii) be a member of any organization
that engages, as a substantial part of its
activities, in activities to influence aviation-related legislation.

Page 29

TITLE 49—TRANSPORTATION

(D) GENERAL RESPONSIBILITIES.—
(i) OVERSIGHT.—The Committee shall
oversee the administration, management,
conduct, direction, and supervision of the
air traffic control system.
(ii) CONFIDENTIALITY.—The Committee
shall ensure that appropriate confidentiality is maintained in the exercise of its duties.
(E) SPECIFIC RESPONSIBILITIES.—The Committee shall have the following specific responsibilities:
(i) STRATEGIC PLANS.—To review, approve, and monitor the strategic plan for
the air traffic control system, including
the establishment of—
(I) a mission and objectives;
(II) standards of performance relative
to such mission and objectives, including
safety, efficiency, and productivity; and
(III) annual and long-range strategic
plans.

§ 106

(II) submit such budget recommendations to the Secretary; and
(III) base such budget recommendations on the annual and long-range strategic plans.
(F) COMMITTEE PERSONNEL MATTERS AND
EXPENSES.—
(i) PERSONNEL MATTERS.—The Committee
may appoint and terminate for purposes of
employment by the Committee any personnel that may be necessary to enable the
Committee to perform its duties, and may
procure temporary and intermittent services under section 40122.
(ii) TRAVEL EXPENSES.—Each member of
the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57
of title 5, United States Code.

(ii) MODERNIZATION AND IMPROVEMENT.—
To review and approve—
(I) methods to accelerate air traffic
control modernization and improvements in aviation safety related to air
traffic control; and
(II) procurements of air traffic control
equipment in excess of $100,000,000.

(G) ADMINISTRATIVE MATTERS.—
(i) POWERS OF CHAIR.—Except as otherwise provided by a majority vote of the
Committee, the powers of the chairperson
shall include—
(I) establishing committees;
(II) setting meeting places and times;
(III) establishing meeting agendas; and
(IV) developing rules for the conduct of
business.

(iii) OPERATIONAL PLANS.—To review the
operational functions of the air traffic
control system, including—
(I) plans for modernization of the air
traffic control system;
(II) plans for increasing productivity
or implementing cost-saving measures;
and
(III) plans for training and education.

(ii) MEETINGS.—The Committee shall
meet at least quarterly and at such other
times as the chairperson determines appropriate.
(iii) QUORUM.—Three members of the
Committee shall constitute a quorum. A
majority of members present and voting
shall be required for the Committee to
take action.

(iv) MANAGEMENT.—To—
(I) review and approve the Administrator’s appointment of a Chief Operating
Officer under section 106(r);
(II) review the Administrator’s selection, evaluation, and compensation of
senior executives of the Administration
who have program management responsibility over significant functions of the
air traffic control system;
(III) review and approve the Administrator’s plans for any major reorganization of the Administration that would
impact on the management of the air
traffic control system;
(IV) review and approve the Administrator’s cost accounting and financial
management structure and technologies
to help ensure efficient and cost-effective air traffic control operation; and
(V) review the performance and compensation of managers responsible for
major acquisition projects, including the
ability of the managers to meet schedule
and budget targets.

(H) REPORTS.—
(i) ANNUAL.—The Committee shall each
year report with respect to the conduct of
its responsibilities under this title to the
Secretary, the Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on
Commerce, Science, and Transportation of
the Senate.
(ii) ADDITIONAL REPORT.—If a determination by the Committee under subparagraph
(D)(i) that the organization and operation
of the air traffic control system are not allowing the Administration to carry out its
mission, the Committee shall report such
determination to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and
Transportation of the Senate.
(iii) ACTION OF ADMINISTRATOR ON REPORT.—Not later than 60 days after the
date of a report of the Committee under
this subparagraph, the Administrator shall
take action with respect to such report. If
the Administrator overturns a recommendation of the Committee, the Administrator shall report such action to the
President, the Committee on Transportation and Infrastructure of the House of

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

§ 106

TITLE 49—TRANSPORTATION
Representatives, and the Committee on
Commerce, Science, and Transportation of
the Senate.
(iv) COMPTROLLER GENERAL’S REPORT.—
Not later than April 30, 2003, the Comptroller General of the United States shall
transmit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on
Commerce, Science, and Transportation of
the Senate a report on the success of the
Committee in improving the performance
of the air traffic control system.

(I) AUTHORIZATION.—There are authorized
to be appropriated to the Committee such
sums as may be necessary for the Committee
to carry out its activities.
(8) AIR TRAFFIC CONTROL SYSTEM DEFINED.—
In this section, the term ‘‘air traffic control
system’’ has the meaning such term has under
section 40102(a).
(q) AIRCRAFT NOISE OMBUDSMAN.—
(1) ESTABLISHMENT.—There shall be in the
Administration an Aircraft Noise Ombudsman.
(2) GENERAL DUTIES AND RESPONSIBILITIES.—
The Ombudsman shall—
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration
proposes changes in aircraft routes so as to
minimize any increases in aircraft noise
over populated areas.
(3) NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES.—The appointment of an Ombudsman
under this subsection shall not result in an increase in the number of full-time equivalent
employees in the Administration.
(r) CHIEF OPERATING OFFICER.—
(1) IN GENERAL.—
(A) APPOINTMENT.—There shall be a Chief
Operating Officer for the air traffic control
system to be appointed by the Administrator, with the approval of the Air Traffic
Services Committee. The Chief Operating
Officer shall report directly to the Administrator and shall be subject to the authority
of the Administrator.
(B) QUALIFICATIONS.—The Chief Operating
Officer shall have a demonstrated ability in
management and knowledge of or experience
in aviation.
(C) TERM.—The Chief Operating Officer
shall be appointed for a term of 5 years.
(D) REMOVAL.—The Chief Operating Officer
shall serve at the pleasure of the Administrator, except that the Administrator shall
make every effort to ensure stability and
continuity in the leadership of the air traffic
control system.
(E) VACANCY.—Any individual appointed to
fill a vacancy in the position of Chief Operating Officer occurring before the expiration
of the term for which the individual’s predecessor was appointed shall be appointed for
the remainder of that term.
(2) COMPENSATION.—
(A) IN GENERAL.—The Chief Operating Officer shall be paid at an annual rate of basic

Page 30

pay to be determined by the Administrator,
with the approval of the Air Traffic Services
Committee. The annual rate may not exceed
the annual compensation paid under section
102 of title 3. The Chief Operating Officer
shall be subject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title.
(B) BONUS.—In addition to the annual rate
of basic pay authorized by subparagraph (A),
the Chief Operating Officer may receive a
bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay,
based upon the Administrator’s evaluation
of the Chief Operating Officer’s performance
in relation to the performance goals set
forth in the performance agreement described in paragraph (3).
(3) ANNUAL PERFORMANCE AGREEMENT.—The
Administrator and the Chief Operating Officer,
in consultation with the Air Traffic Services
Committee, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the
Chief Operating Officer in key operational
areas. The agreement shall be subject to review and renegotiation on an annual basis.
(4) ANNUAL PERFORMANCE REPORT.—The Chief
Operating Officer shall prepare and transmit
to the Secretary of Transportation, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management
report containing such information as may be
prescribed by the Secretary.
(5) RESPONSIBILITIES.—The Administrator
may delegate to the Chief Operating Officer,
or any other authority within the Administration responsibilities, including the following:
(A) STRATEGIC PLANS.—To implement the
strategic plan of the Administration for the
air traffic control system in order to further—
(i) a mission and objectives;
(ii) standards of performance relative to
such mission and objectives, including
safety, efficiency, and productivity;
(iii) annual and long-range strategic
plans; and
(iv) methods of the Administration to
accelerate air traffic control modernization and improvements in aviation safety
related to air traffic control.
(B) OPERATIONS.—To oversee the day-today operational functions of the Administration for air traffic control, including—
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C) BUDGET.—To—
(i) develop a budget request of the Administration related to the air traffic control system;
(ii) submit such budget request to the
Administrator and the Committee; and

Page 31

TITLE 49—TRANSPORTATION

(iii) ensure that the budget request supports the agency’s annual and long-range
strategic plans for air traffic control services.
(s) CHIEF NEXTGEN OFFICER.—
(1) IN GENERAL.—
(A) APPOINTMENT.—There shall be a Chief
NextGen Officer appointed by the Administrator, with the approval of the Secretary.
The Chief NextGen Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.
(B) QUALIFICATIONS.—The Chief NextGen
Officer shall have a demonstrated ability in
management and knowledge of or experience
in aviation and systems engineering.
(C) TERM.—The Chief NextGen Officer
shall be appointed for a term of 5 years.
(D) REMOVAL.—The Chief NextGen Officer
shall serve at the pleasure of the Administrator, except that the Administrator shall
make every effort to ensure stability and
continuity in the leadership of the implementation of NextGen.
(E) VACANCY.—Any individual appointed to
fill a vacancy in the position of Chief
NextGen Officer occurring before the expiration of the term for which the individual’s
predecessor was appointed shall be appointed
for the remainder of that term.
(2) COMPENSATION.—
(A) IN GENERAL.—The Chief NextGen Officer shall be paid at an annual rate of basic
pay to be determined by the Administrator.
The annual rate may not exceed the annual
compensation paid under section 102 of title
3. The Chief NextGen Officer shall be subject
to the postemployment provisions of section
207 of title 18 as if the position of Chief
NextGen Officer were described in section
207(c)(2)(A)(i) of that title.
(B) BONUS.—In addition to the annual rate
of basic pay authorized by subparagraph (A),
the Chief NextGen Officer may receive a
bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay,
based upon the Administrator’s evaluation
of the Chief NextGen Officer’s performance
in relation to the performance goals set
forth in the performance agreement described in paragraph (3).
(3) ANNUAL PERFORMANCE AGREEMENT.—The
Administrator and the Chief NextGen Officer,
in consultation with the Federal Aviation
Management Advisory Council, shall enter
into an annual performance agreement that
sets forth measurable organization and individual goals for the Chief NextGen Officer in
key operational areas. The agreement shall be
subject to review and renegotiation on an annual basis.
(4) ANNUAL PERFORMANCE REPORT.—The Chief
NextGen Officer shall prepare and transmit to
the Secretary of Transportation, the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee
on Science, Space, and Technology of the
House of Representatives, and the Committee
on Commerce, Science, and Transportation of
the Senate an annual management report con-

§ 106

taining such information as may be prescribed
by the Secretary.
(5) RESPONSIBILITIES.—The responsibilities of
the Chief NextGen Officer include the following:
(A) Implementing NextGen activities and
budgets across all program offices of the
Federal Aviation Administration.
(B) Coordinating the implementation of
NextGen activities with the Office of Management and Budget.
(C) Reviewing and providing advice on the
Administration’s modernization programs,
budget, and cost accounting system with respect to NextGen.
(D) With respect to the budget of the Administration—
(i) developing a budget request of the Administration related to the implementation of NextGen;
(ii) submitting such budget request to
the Administrator; and
(iii) ensuring that the budget request
supports the annual and long-range strategic plans of the Administration with respect to NextGen.
(E) Consulting with the Administrator on
the Capital Investment Plan of the Administration prior to its submission to Congress.
(F) Developing an annual NextGen implementation plan.
(G) Ensuring that NextGen implementation activities are planned in such a manner
as to require that system architecture is designed to allow for the incorporation of
novel and currently unknown technologies
into NextGen in the future and that current
decisions do not bias future decisions unfairly in favor of existing technology at the
expense of innovation.
(H) Coordinating with the NextGen Joint
Planning and Development Office with respect to facilitating cooperation among all
Federal agencies whose operations and interests are affected by the implementation of
NextGen.
(6) EXCEPTION.—If the Administrator appoints as the Chief NextGen Officer, pursuant
to paragraph (1)(A), an Executive Schedule
employee covered by section 5315 of title 5,
then paragraphs (1)(B), (1)(C), (2), and (3) of
this subsection shall not apply to such employee.
(7) NEXTGEN DEFINED.—For purposes of this
subsection, the term ‘‘NextGen’’ means the
Next Generation Air Transportation System.
(t) AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.—
(1) ESTABLISHMENT.—There is established in
the Federal Aviation Administration (in this
subsection referred to as the ‘‘Agency’’) an
Aviation Safety Whistleblower Investigation
Office (in this subsection referred to as the
‘‘Office’’).
(2) DIRECTOR.—
(A) APPOINTMENT.—The head of the Office
shall be the Director, who shall be appointed
by the Secretary of Transportation.
(B) QUALIFICATIONS.—The Director shall
have a demonstrated ability in investiga-

§ 106

TITLE 49—TRANSPORTATION

tions and knowledge of or experience in
aviation.
(C) TERM.—The Director shall be appointed
for a term of 5 years.
(D) VACANCIES.—Any individual appointed
to fill a vacancy in the position of the Director occurring before the expiration of the
term for which the individual’s predecessor
was appointed shall be appointed for the remainder of that term.
(3) COMPLAINTS AND INVESTIGATIONS.—
(A) AUTHORITY OF DIRECTOR.—The Director
shall—
(i) receive complaints and information
submitted by employees of persons holding
certificates issued under title 14, Code of
Federal Regulations (if the certificate
holder does not have a similar in-house
whistleblower or safety and regulatory
noncompliance reporting process) and employees of the Agency concerning the possible existence of an activity relating to a
violation of an order, a regulation, or any
other provision of Federal law relating to
aviation safety;
(ii) assess complaints and information
submitted under clause (i) and determine
whether a substantial likelihood exists
that a violation of an order, a regulation,
or any other provision of Federal law relating to aviation safety has occurred; and
(iii) based on findings of the assessment
conducted under clause (ii), make recommendations to the Administrator of the
Agency, in writing, regarding further investigation or corrective actions.
(B) DISCLOSURE OF IDENTITIES.—The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless—
(i) the individual consents to the disclosure in writing; or
(ii) the Director determines, in the
course of an investigation, that the disclosure is required by regulation, statute, or
court order, or is otherwise unavoidable, in
which case the Director shall provide the
individual reasonable advanced notice of
the disclosure.
(C) INDEPENDENCE OF DIRECTOR.—The Secretary, the Administrator, or any officer or
employee of the Agency may not prevent or
prohibit the Director from initiating, carrying out, or completing any assessment of a
complaint or information submitted under
subparagraph (A)(i) or from reporting to
Congress on any such assessment.
(D) ACCESS TO INFORMATION.—In conducting an assessment of a complaint or information submitted under subparagraph (A)(i),
the Director shall have access to all records,
reports, audits, reviews, documents, papers,
recommendations, and other material of the
Agency necessary to determine whether a
substantial likelihood exists that a violation
of an order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred.
(4) RESPONSES TO RECOMMENDATIONS.—Not
later than 60 days after the date on which the

Page 32

Administrator receives a report with respect
to an investigation, the Administrator shall
respond to a recommendation made by the Director under paragraph (3)(A)(iii) in writing
and retain records related to any further investigations or corrective actions taken in response to the recommendation.
(5) INCIDENT REPORTS.—If the Director determines there is a substantial likelihood that a
violation of an order, a regulation, or any
other provision of Federal law relating to
aviation safety has occurred that requires immediate corrective action, the Director shall
report the potential violation expeditiously to
the Administrator and the Inspector General
of the Department of Transportation.
(6) REPORTING OF CRIMINAL VIOLATIONS TO INSPECTOR GENERAL.—If the Director has reasonable grounds to believe that there has been a
violation of Federal criminal law, the Director
shall report the violation expeditiously to the
Inspector General.
(7) ANNUAL REPORTS TO CONGRESS.—Not later
than October 1 of each year, the Director shall
submit to Congress a report containing—
(A) information on the number of submissions of complaints and information received
by the Director under paragraph (3)(A)(i) in
the preceding 12-month period;
(B) summaries of those submissions;
(C) summaries of further investigations
and corrective actions recommended in response to the submissions; and
(D) summaries of the responses of the Administrator to such recommendations.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2416;
Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub.
L. 100–591, § 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub.
L. 101–508, title IX, § 9106, Nov. 5, 1990, 104 Stat.
1388–355; Pub. L. 101–604, title I, § 101(c), Nov. 16,
1990, 104 Stat. 3068; Pub. L. 102–581, title I, § 104,
Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272,
§§ 4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375;
Pub. L. 103–305, title I, § 103, title II, § 201, Aug.
23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title
I, § 103(a), title II, §§ 223(a), 224–230, 276(c), title
XII, § 1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234,
3282; Pub. L. 104–287, § 5(1), Oct. 11, 1996, 110 Stat.
3388; Pub. L. 105–102, § 3(c)(3), Nov. 20, 1997, 111
Stat. 2215; Pub. L. 106–6, § 4, Mar. 31, 1999, 113
Stat. 10; Pub. L. 106–181, title I, § 103(a), title III,
§§ 302(a)–(c), 303, 305, 306, 307(c)(1), title VII, § 701,
Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126,
154; Pub. L. 106–528, § 8(a), Nov. 22, 2000, 114 Stat.
2522; Pub. L. 107–71, title I, § 101(c)(3), (d), Nov. 19,
2001, 115 Stat. 602, 603; Pub. L. 108–176, title I,
§ 103(a),(b), title II, §§ 201–204, 224(c), Dec. 12, 2003,
117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L.
110–330, § 6, Sept. 30, 2008, 122 Stat. 3719; Pub. L.
111–12, § 6, Mar. 30, 2009, 123 Stat. 1458; Pub. L.
111–69, § 6, Oct. 1, 2009, 123 Stat. 2055; Pub. L.
111–116, § 6, Dec. 16, 2009, 123 Stat. 3032; Pub. L.
111–153, § 6, Mar. 31, 2010, 124 Stat. 1085; Pub. L.
111–161, § 6, Apr. 30, 2010, 124 Stat. 1127; Pub. L.
111–197, § 6, July 2, 2010, 124 Stat. 1354; Pub. L.
111–216, title I, § 105, Aug. 1, 2010, 124 Stat. 2350;
Pub. L. 112–30, title II, § 206, Sept. 16, 2011, 125
Stat. 359; Pub. L. 112–91, § 6, Jan. 31, 2012, 126
Stat. 4; Pub. L. 112–95, title I, § 103, title II, §§ 203,
204, title III, §§ 306(b), 341, Feb. 14, 2012, 126 Stat.
16, 37, 61, 78; Pub. L. 112–166, § 2(k)(2), Aug. 10,
2012, 126 Stat. 1286.)

Page 33

HISTORICAL AND REVISION NOTES
PUB. L. 97–449
Revised
Section
106(a) .........

Source (U.S. Code)
49:1341(a) (1st sentence).

49:1652(e)(1) (related
to FAA).
106(b) .........

106(c) .........

106(d) .........

106(e) .........

106(f) ..........
106(g) .........

106(h) .........

106(i) ..........

§ 106

TITLE 49—TRANSPORTATION

49:1341(a) (2d sentence), (b) (1st
sentence less
1st–10th words).
49:1342(a) (1st sentence), (b) (1st
sentence less
1st–11th words).
49:1652(e) (related to
FAA) (1) (less 1st
sentence), (3) (last
sentence).
49:1341(b) (1st sentence 1st–10th
words, 2d sentence).
49:1652(e)(2) (related
to Administrator).
49:1342(b) (1st sentence 1st–11th
words, 2d sentence, 4th–6th
sentences).
49:1652(e)(2) (1st sentence less Administrator).
49:1343(a)(2) (related
to Deputy Administrator).
49:1341(b) (less 1st,
2d sentences).
49:1342(b) (3d sentence).
49:1341(a) (less 1st,
2d sentences).
49:1652(e)(3) (related
to FAA) (less last
sentence).
49:1655(c)(1) (1st sentence proviso).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 301(a), (b), 302(a), (b), 72
Stat. 744; Aug. 14, 1964,
Pub. L. 88–426, § 305(16) (B),
(C), 78 Stat. 424.
Oct. 15, 1966, Pub. L. 89–670,
§ 3(e) (related to FAA), 80
Stat. 932.

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

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

49:1652(e)(4) (related
to FAA).
49:1655(c)(1) (2d, last
sentences).
49:1342(a) (2d, last
sentences).

In subsections (a) and (b), the source provisions are
combined for clarity.
In subsection (a), the words ‘‘referred to in this chapter as the ‘Administration’ ’’ are omitted because of the
style of the revised title.
In subsection (b), the word ‘‘due’’ in 49:1342(b) (1st
sentence less 1st–11th words) is omitted as surplus. The
words ‘‘the duties and powers’’ are substituted for ‘‘the
powers and duties vested in and imposed upon him by
this chapter’’ to eliminate surplus words and for consistency. The word ‘‘consider’’ is substituted for ‘‘with
. . . regard to’’ for clarity.
In subsections (c) and (d), the words ‘‘At the time of
his nomination’’ are omitted as unnecessary and for
consistency.
In subsection (c), the text of 49:1652(e)(2) (last sentence) is omitted as executed.
In subsection (d)(1), the words ‘‘Nothing in this chapter or other law shall preclude’’ in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words ‘‘armed force’’
are substituted for ‘‘armed services’’ to conform to
title 10. The words ‘‘to the position of’’ are omitted as
surplus.
In subsection (d)(2), the word ‘‘continue’’ is omitted
as surplus. The words ‘‘pay provided by law for the Deputy Administrator’’ are substituted for ‘‘compensation
provided for the Deputy Administrator’’ in 49:1342(b)

because the pay provisions were repealed and replaced
by 5:5315. The words ‘‘(including personal money allowance)’’ are omitted as being within the meaning of ‘‘allowance’’ in title 37. The words ‘‘as the case may be’’
are omitted as surplus. The words ‘‘of the military
grade held’’ are substituted for ‘‘military . . . payable
to a commissioned officer of his grade and length of
service’’ to eliminate unnecessary words. The words
‘‘Administration’’ and ‘‘military’’ are added for clarity.
The words ‘‘to defray’’ are omitted as surplus.
In subsection (d)(3), the words ‘‘acceptance of, and’’
are omitted as unnecessary. The word ‘‘held’’ is substituted for ‘‘may occupy or hold’’ to eliminate unnecessary words. The words ‘‘right or benefit’’ are substituted for ‘‘emolument, perquisite, right, privilege, or
benefit’’ to eliminate unnecessary words. The words
‘‘incident to or’’ before ‘‘arising’’ are omitted as surplus.
In subsection (f), the word ‘‘Secretary’’ is substituted
for ‘‘Administrator’’ because of the transfer of aviation
functions to the Secretary under 49:1655(c)(1). The
words ‘‘In the exercise of his duties and the discharge
of his responsibilities under this chapter’’ are omitted
as surplus.
In subsection (g), the words ‘‘are hereby transferred
to’’ in 49:1655(c)(1) are omitted as executed. The words
‘‘carry out’’ are substituted for ‘‘it shall be his duty to
exercise’’ in 49:1655(c)(1) for clarity, consistency, and to
eliminate surplus words. The words ‘‘In addition to
such functions, powers, and duties as are specified in
this chapter’’ in 49:1652(e)(3) are omitted as unnecessary
because of the restatement.
In subsection (h), the first sentence is substituted for
49:1655(c)(1) (2d sentence) for clarity and consistency.
The word ‘‘law’’ is substituted for ‘‘statute’’ in
49:1652(e)(4) for consistency. The words ‘‘carrying out’’
in 49:1655(c)(1) (last sentence) are substituted for ‘‘the
exercise of’’ for consistency. The words after ‘‘administratively final’’ are omitted as unnecessary because of
the restatement of the revised title and those laws giving a right of appeal.
In subsection (i), the words ‘‘and exercise the powers
of’’ are omitted as surplus. The words ‘‘when the office
of the Administrator is vacant’’ are inserted to conform to section 102 of the revised title.
PUB. L. 103–272
Section 4(j)(3)(B) amends 49:106(g) to list the duties
and powers of the Secretary of Transportation that the
Administrator of the Federal Aviation Administration
carries out. The duties and powers are derived from 2
sources. Some were transferred by former 49
App.:1655(c)(1), restated as 49:106 in section 1 of the Act
of January 12, 1983 (Public Law 97–449, 96 Stat. 2417).
The others are from laws enacted after October 15, 1966,
in which the duties and powers are to be carried out by
the Administrator rather than the Secretary.
REFERENCES IN TEXT
The Air Traffic Management System Performance
Improvement Act of 1996, referred to in subsec.
(f)(2)(A)(iv), is title II of Pub. L. 104–264, Oct. 9, 1996, 110
Stat. 3227. For complete classification of this Act to
the Code, see Short Title of 1996 Amendment note set
out under section 40101 of this title and Tables.
The date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (f)(3)(B)(i), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996,
referred to in subsecs. (f)(3)(C), (o), and (p)(1), is the
date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
Section 44931 of this title, referred to in subsec. (g)(2),
was repealed by Pub. L. 107–71, title I, § 101(f)(6), Nov. 19,
2001, 115 Stat. 603.
The Federal Advisory Committee Act, referred to in
subsec. (p)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,

§ 106

TITLE 49—TRANSPORTATION

which is set out in the Appendix to Title 5, Government
Organization and Employees.
The date of enactment of the Vision 100—Century of
Aviation Reauthorization Act, referred to in subsec.
(p)(6)(C), (7)(A), is the date of enactment of Pub. L.
108–176, which was approved Dec. 12, 2003.
The Ethics in Government Act of 1978, referred to in
subsec. (p)(6)(I)(i), is Pub. L. 95–521, Oct. 26, 1978, 92
Stat. 1824. Title I of the Act is set out in the Appendix
to Title 5, Government Organization and Employees.
For complete classification of this Act to the Code, see
Short Title note set out under section 101 of Pub. L.
95–521 in the Appendix to Title 5 and Tables.
AMENDMENTS
2012—Subsec. (b). Pub. L. 112–166, § 2(k)(2)(A), substituted ‘‘, who shall be appointed’’ for ‘‘. The Administration has a Deputy Administrator. They are appointed’’.
Subsec. (d)(1). Pub. L. 112–166, § 2(k)(2)(B), substituted
‘‘The Administration has a Deputy Administrator, who
shall be appointed by the President. In making an appointment, the President shall consider the fitness of
the appointee to efficiently carry out the duties and
powers of the office. The Deputy Administrator shall’’
for ‘‘The Deputy Administrator must’’.
Subsec. (k)(1). Pub. L. 112–95, § 103(a), added subpars.
(A) to (D) and struck out former subpars. (A) to (H)
which authorized appropriations for fiscal years 2004
through 2011 and for the period beginning Oct. 1, 2011,
and ending Feb. 17, 2012.
Subsec. (k)(1)(H). Pub. L. 112–91 amended subpar. (H)
generally. Prior to amendment, subpar. (H) read as follows: ‘‘$3,197,315,080 for the period beginning on October
1, 2011, and ending on January 31, 2012.’’
Subsec. (k)(2). Pub. L. 112–95, § 103(b), redesignated
subpars. (E) to (G) as (A) to (C), respectively, substituted ‘‘2012 through 2015’’ for ‘‘2004 through 2007’’ in
subpars. (A) to (C), and struck out former subpars. (A)
to (D) which read as follows:
‘‘(A) Such sums as may be necessary for fiscal years
2004 through 2007 to support infrastructure systems development for both general aviation and the vertical
flight industry.
‘‘(B) Such sums as may be necessary for fiscal years
2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global
Positioning System) to support all-weather, emergency
medical service for trauma patients.
‘‘(C) Such sums as may be necessary for fiscal years
2004 through 2007 to revise existing terminal and en
route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft
and to improve the national airspace system by separating such aircraft from congested flight paths of
fixed-wing aircraft.
‘‘(D) Such sums as may be necessary for fiscal years
2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.’’
Subsec. (k)(2)(C). Pub. L. 112–95, § 306(b), inserted ‘‘and
the development and maintenance of helicopter approach procedures’’ before period at end.
Subsec. (k)(3). Pub. L. 112–95, § 103(c), added par. (3).
Subsec. (m). Pub. L. 112–95, § 203, in last sentence, inserted ‘‘with or’’ after ‘‘from the Administration,’’.
Subsec. (s). Pub. L. 112–95, § 204, added subsec. (s).
Subsec. (t). Pub. L. 112–95, § 341, added subsec. (t).
2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added subpars. (G) and (H).
2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended subpar. (F) generally. Prior to amendment, subpar. (F)
read as follows: ‘‘$7,813,037,096 for the period beginning
on October 1, 2009, and ending on August 1, 2010.’’
Pub. L. 111–197 amended subpar. (F) generally. Prior
to
amendment,
subpar.
(F)
read
as
follows:
‘‘$7,070,158,159 for the period beginning on October 1,
2009, and ending on July 3, 2010.’’
Pub. L. 111–161 amended subpar. (F) generally. Prior
to
amendment,
subpar.
(F)
read
as
follows:

Page 34

‘‘$5,454,183,000 for the 7-month period beginning on October 1, 2009.’’
Pub. L. 111–153 amended subpar. (F) generally. Prior
to
amendment,
subpar.
(F)
read
as
follows:
‘‘$4,676,574,750 for the 6-month period beginning on October 1, 2009.’’
2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted
‘‘$9,042,467,000 for fiscal year 2009’’ for ‘‘$4,516,364,500 for
the 6-month period beginning on October 1, 2008’’.
Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F)
generally. Prior to amendment, subpar. (F) read as follows: ‘‘$2,338,287,375 for the 3-month period beginning on
October 1, 2009.’’
Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F).
2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar.
(E).
2003—Subsec. (d)(2) to (4). Pub. L. 108–176, § 204, added
par. (2) and redesignated former pars. (2) and (3) as (3)
and (4), respectively.
Subsec. (f)(2)(A)(ii). Pub. L. 108–176, § 224(c), inserted
‘‘, services,’’ after ‘‘property’’.
Subsec. (k)(1). Pub. L. 108–176, § 103(a), amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration—
‘‘(A) such sums as may be necessary for fiscal year
2000;
‘‘(B) $6,592,235,000 for fiscal year 2001;
‘‘(C) $6,886,000,000 for fiscal year 2002; and
‘‘(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.’’
Subsec. (k)(2). Pub. L. 108–176, § 103(b), redesignated
subpars. (C) to (E) as subpars. (A) to (C), respectively,
in subpars. (A) to (C), substituted ‘‘fiscal years 2004
through 2007’’ for ‘‘fiscal years 2000 through 2003’’,
added subpars. (D) to (G), struck out former subpars.
(A) and (B), which related to expenditures for wildlife
measures and a university consortium for an air safety
and security management certificate program, and
struck out former subpars. (F) to (I), which related to
expenditures for the 1998 airport surface operations
safety action plan, United States membership obligations in the International Civil Aviation Organization,
additional inspectors to enhance air cargo security programs, and improved training programs for airport security screening personnel.
Subsec. (p). Pub. L. 108–176, § 201(1), inserted ‘‘and Air
Traffic Services Board’’ after ‘‘Council’’ in heading.
Subsec. (p)(2). Pub. L. 108–176, § 201(2)(A), substituted
‘‘consist of 13 members, who’’ for ‘‘consist of 18 members, who’’ in introductory provisions.
Subsec. (p)(2)(C)(i). Pub. L. 108–176, § 201(2)(B), inserted ‘‘, except that initial appointments made after
May 1, 2003, shall be made by the Secretary of Transportation’’ after ‘‘Senate’’.
Subsec. (p)(2)(C)(ii). Pub. L. 108–176, § 201(2)(C)(ii), substituted ‘‘; and’’ for semicolon at end.
Subsec. (p)(2)(D). Pub. L. 108–176, § 201(2)(D), substituted ‘‘employees, by the Secretary of Transportation.’’ for ‘‘employees, by—
‘‘(i) in the case of initial appointments to the Council, the President by and with the advice and consent
of the Senate; and
‘‘(ii) in the case of subsequent appointments to the
Council, the Secretary of Transportation; and’’.
Subsec. (p)(2)(E). Pub. L. 108–176, § 201(2)(D), struck
out subpar. (E) which read as follows: ‘‘5 members appointed by the Secretary after consultation with the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.’’
Subsec. (p)(3). Pub. L. 108–176, § 202(1), added par. (3)
and struck out former par. (3) which related to qualifications for serving on the Council.
Subsec. (p)(4)(C). Pub. L. 108–176, § 202(2), inserted ‘‘or
Air Traffic Services Committee’’ after ‘‘Council’’ in
two places.
Subsec. (p)(5). Pub. L. 108–176, § 202(3), inserted ‘‘, the
Air Traffic Services Committee,’’ after ‘‘Council’’.

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TITLE 49—TRANSPORTATION

Subsec. (p)(6)(C). Pub. L. 108–176, § 202(4), in heading
substituted ‘‘committee’’ for ‘‘subcommittee’’ and in
text substituted ‘‘members appointed’’ for ‘‘member appointed’’, ‘‘to the Air Traffic Services Committee
shall’’ for ‘‘under paragraph (2)(E) shall’’, and ‘‘the first
members of the Committee shall be the members of the
Air Traffic Services Subcommittee of the Council on
the day before the date of enactment of the Vision 100—
Century of Aviation Reauthorization Act who shall
serve in an advisory capacity until such time as the
President appoints the members of the Committee
under paragraph (7).’’ for ‘‘of the members first appointed under paragraph (2)(E)—
‘‘(i) 2 members shall be appointed for a term of 3
years;
‘‘(ii) 2 members shall be appointed for a term of 4
years; and
‘‘(iii) 1 member shall be appointed for a term of 5
years.’’
Subsec. (p)(6)(D). Pub. L. 108–176, § 202(5), substituted
‘‘to the Committee’’ for ‘‘under paragraph (2)(E)’’.
Subsec. (p)(6)(E). Pub. L. 108–176, § 202(6), inserted ‘‘or
Committee’’ after ‘‘Council’’.
Subsec. (p)(6)(F). Pub. L. 108–176, § 202(7), inserted ‘‘of
the Council or Committee’’ after ‘‘member’’.
Subsec. (p)(6)(G). Pub. L. 108–176, § 202(8), in second
sentence substituted ‘‘Committee’’ for ‘‘Council’’ and
struck out ‘‘appointed under paragraph (2)(E)’’ before
‘‘may be removed’’.
Subsec. (p)(6)(H). Pub. L. 108–176, § 202(9)(A), substituted ‘‘committee’’ for ‘‘subcommittee’’ in heading.
Subsec. (p)(6)(H)(i). Pub. L. 108–176, § 202(9)(B), (C),
substituted ‘‘to the Committee’’ for ‘‘under paragraph
(2)(E)’’ and ‘‘of the Committee’’ for ‘‘of the Air Traffic
Services Subcommittee’’.
Subsec. (p)(6)(I)(i). Pub. L. 108–176, § 202(10), substituted ‘‘is serving as’’ for ‘‘appointed under paragraph
(2)(E) is’’ and ‘‘Committee’’ for ‘‘Subcommittee’’.
Subsec. (p)(6)(I)(ii). Pub. L. 108–176, § 202(11), substituted ‘‘who is a member of the Committee’’ for ‘‘appointed under paragraph (2)(E)’’ and ‘‘Committee;’’ for
‘‘Subcommittee;’’.
Subsec. (p)(6)(K). Pub. L. 108–176, § 202(12), inserted
‘‘or Committee’’ after ‘‘Council’’.
Subsec. (p)(6)(L). Pub. L. 108–176, § 202(13), inserted ‘‘or
Committee’’ after ‘‘Council’’ in two places.
Subsec. (p)(7). Pub. L. 108–176, § 202(14)(A), substituted
‘‘committee’’ for ‘‘subcommittee’’ in heading.
Subsec. (p)(7)(A). Pub. L. 108–176, § 202(14)(B), added
subpar. (A) and struck out heading and text of former
subpar. (A). Text read as follows: ‘‘The Management
Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed
under paragraph (2)(E).’’
Subsec. (p)(7)(B), (C). Pub. L. 108–176, § 202(14)(D),
added subpars. (B) and (C). Former subpars. (B) and (C)
redesignated (D) and (E), respectively.
Subsec. (p)(7)(D). Pub. L. 108–176, § 202(14)(E), substituted ‘‘Committee’’ for ‘‘Subcommittee’’ in two
places.
Pub. L. 108–176, § 202(14)(C), redesignated subpar. (B)
as (D). Former subpar. (D) redesignated (F).
Subsec. (p)(7)(E). Pub. L. 108–176, § 202(14)(I), struck
out concluding provisions which read as follows: ‘‘The
Secretary shall submit the budget request referred to
in clause (v)(II) for any fiscal year to the President who
shall transmit such request, without revision, to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation
and Appropriations of the Senate, together with the
President’s annual budget request for the Federal Aviation Administration for such fiscal year.’’
Pub. L. 108–176, § 202(14)(E), substituted ‘‘Committee’’
for ‘‘Subcommittee’’ in introductory provisions.
Pub. L. 108–176, § 202(14)(C), redesignated subpar. (C)
as (E). Former subpar. (E) redesignated (G).
Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, § 202(14)(F), substituted ‘‘make recommendations on’’ for ‘‘approve’’.

§ 106

Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, § 202(14)(G),
substituted ‘‘recommendations’’ for ‘‘request’’.
Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, § 202(14)(H),
substituted ‘‘base such budget recommendations on’’
for ‘‘ensure that the budget request supports’’.
Subsec. (p)(7)(F). Pub. L. 108–176, § 202(14)(J), added
subpar. (F) and struck out heading and text of former
subpar. (F). Text read as follows:
‘‘(i) COMPENSATION OF MEMBERS.—Each member of the
Subcommittee shall be compensated at a rate of $25,000
per year.
‘‘(ii) COMPENSATION OF CHAIRPERSON.—Notwithstanding clause (i), the chairperson of the Subcommittee
shall be compensated at a rate of $40,000 per year.
‘‘(iii) STAFF.—The chairperson of the Subcommittee
may appoint and terminate any personnel that may be
necessary to enable the Subcommittee to perform its
duties.
‘‘(iv) PROCUREMENT OF TEMPORARY AND INTERMITTENT
SERVICES.—The chairperson of the Subcommittee may
procure temporary and intermittent services under section 3109(b) of title 5, United States Code.’’
Pub. L. 108–176, § 202(14)(C), redesignated subpar (D) as
(F). Former subpar. (F) redesignated (H).
Subsec. (p)(7)(G). Pub. L. 108–176, § 202(14)(K), substituted ‘‘Committee’’ for ‘‘Subcommittee’’ wherever
appearing, redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as
follows: ‘‘TERM OF CHAIR.—The members of the Subcommittee shall elect for a 2-year term a chairperson
from among the members of the Subcommittee.’’
Pub. L. 108–176, § 202(14)(C), redesignated subpar. (E)
as (G).
Subsec. (p)(7)(H). Pub. L. 108–176, § 202(14)(C), redesignated subpar. (F) as (H).
Subsec. (p)(7)(H)(i). Pub. L. 108–176, § 202(14)(L)(i), (ii),
substituted ‘‘Committee shall’’ for ‘‘Subcommittee
shall’’ and ‘‘Secretary’’ for ‘‘Administrator, the Council’’.
Subsec. (p)(7)(H)(ii). Pub. L. 108–176, § 202(14)(L), substituted ‘‘Committee under’’ for ‘‘Subcommittee
under’’, ‘‘subparagraph (D)(i)’’ for ‘‘subparagraph
(B)(i)’’, ‘‘Committee shall’’ for ‘‘Subcommittee shall’’,
and ‘‘Secretary’’ for ‘‘Administrator, the Council’’.
Subsec.
(p)(7)(H)(iii),
(iv).
Pub.
L.
108–176,
§ 202(14)(L)(i), in cl. (iii) substituted ‘‘Committee under’’
for ‘‘Subcommittee under’’ and ‘‘Committee, the’’ for
‘‘Subcommittee, the’’ and in cl. (iv) substituted ‘‘Committee in’’ for ‘‘Subcommittee in’’.
Subsec. (p)(7)(I). Pub. L. 108–176, § 202(14)(M), added
subpar. (I).
Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, § 203(1), substituted ‘‘Air Traffic Services Committee’’ for ‘‘Air
Traffic Services Subcommittee of the Aviation Management Advisory Council’’.
Subsec. (r)(2)(B). Pub. L. 108–176, § 203(2), inserted ‘‘in’’
before ‘‘paragraph (3)’’.
Subsec. (r)(3). Pub. L. 108–176, § 203(3), substituted
‘‘Air Traffic Services Committee’’ for ‘‘Air Traffic Control Subcommittee of the Aviation Management Advisory Committee’’.
Subsec. (r)(4). Pub. L. 108–176, § 203(4), substituted
‘‘Transportation, the Committee on Transportation
and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate’’ for ‘‘Transportation and Congress’’.
Subsec. (r)(5)(A). Pub. L. 108–176, § 203(5), in introductory provisions substituted ‘‘implement the’’ for ‘‘develop a’’ and ‘‘in order to further’’ for ‘‘, including the
establishment of’’.
Subsec. (r)(5)(B). Pub. L. 108–176, § 203(6)(A), substituted ‘‘oversee the day-to-day operational functions
of the Administration for air traffic control,’’ for ‘‘review the operational functions of the Administration,’’
in introductory provisions.
Subsec. (r)(5)(B)(iv). Pub. L. 108–176, § 203(6)(B)–(D),
added cl. (iv).
Subsec. (r)(5)(C)(i). Pub. L. 108–176, § 203(7), struck out
‘‘prepared by the Administrator’’ after ‘‘air traffic control system’’.

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TITLE 49—TRANSPORTATION

Subsec. (r)(5)(C)(ii). Pub. L. 108–176, § 203(8), substituted ‘‘and the Committee’’ for ‘‘and the Secretary
of Transportation’’.
Subsec. (r)(5)(C)(iii). Pub. L. 108–176, § 203(9), inserted
‘‘agency’s’’ before ‘‘annual’’ and substituted ‘‘for air
traffic control services’’ for ‘‘developed under subparagraph (A) of this subsection’’.
2001—Subsec. (m). Pub. L. 107–71, § 101(d), substituted
‘‘supplies, personnel, services, and’’ for ‘‘supplies and’’
in last sentence.
Subsec. (r)(2)(A). Pub. L. 107–71, § 101(c)(3), amended
heading and text of subpar. (A) generally. Prior to
amendment, text read as follows: ‘‘The Chief Operating
Officer shall be paid at an annual rate of basic pay
equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to
the post-employment provisions of section 207 of title
18 as if this position were described in section
207(c)(2)(A)(i) of that title.’’
2000—Subsec. (f)(3)(A). Pub. L. 106–181, § 306, inserted
at end ‘‘On February 1 and August 1 of each year the
Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a letter listing each
deadline the Administrator missed under this subparagraph during the 6-month period ending on such date,
including an explanation for missing the deadline and
a projected date on which the action that was subject
to the deadline will be taken.’’
Subsec. (f)(3)(B)(i). Pub. L. 106–181, § 305(1), (2), in introductory provisions, substituted ‘‘$250,000,000’’ for
‘‘$100,000,000’’ and ‘‘Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’’ for ‘‘Air
Traffic Management System Performance Improvement Act of 1996’’.
Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, § 305(1), (3), substituted ‘‘$250,000,000’’ for ‘‘$100,000,000’’ and inserted
‘‘substantial and’’ before ‘‘material’’ and ‘‘or’’ after
semicolon at end.
Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, § 305(4),
added subcl. (II) and struck out former subcls. (II) to
(IV) which read as follows:
‘‘(II) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
‘‘(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or
‘‘(IV) raise novel legal or policy issues arising out of
legal mandates.’’
Subsec. (g)(1)(A). Pub. L. 106–181, § 701, substituted
‘‘40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119,
chapter 445 (except sections 44501(b), 44502(a)(2),
44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and
44515), chapter 447 (except sections 44717, 44718(a),
44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter
449 (except sections 44903(d), 44904, 44905, 44907–44911,
44913, 44915, and 44931–44934), chapter 451, chapter 453,
sections’’ for ‘‘40113(a), (c), and (d), 40114(a), 40119,
44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505,
44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a),
44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937,
and 44938(a) and (b), chapter 451, sections 45302–45304,’’.
Subsec. (k). Pub. L. 106–181, § 103(a), amended heading
and text of subsec. (k) generally. Prior to amendment,
text read as follows: ‘‘There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal
year 1999.’’
Subsec. (l)(1). Pub. L. 106–181, § 307(c)(1), substituted
‘‘subsections (a) and (g) of section 40122’’ for ‘‘section
40122(a) of this title and section 347 of Public Law
104–50’’.
Subsec. (p)(2). Pub. L. 106–528, which directed the substitution of ‘‘18’’ for ‘‘15’’ in section 106(p)(2), without
specifying the Code title to be amended, was executed
by making the substitution in the introductory provisions of subsec. (p)(2) of this section, to reflect the
probable intent of Congress.

Page 36

Subsec. (p)(2)(C) to (E). Pub. L. 106–181, § 302(a)(1),
added subpars. (C) to (E) and struck out former subpar.
(C) which read as follows: ‘‘13 members representing
aviation interests, appointed by the President by and
with the advice and consent of the Senate.’’
Subsec. (p)(3). Pub. L. 106–181, § 302(a)(2), designated
existing provisions as subpar. (A), inserted subpar.
heading, realigned margins, inserted ‘‘or (2)(E)’’ after
‘‘paragraph (2)(C)’’, and added subpars. (B) and (C).
Subsec. (p)(6). Pub. L. 106–181, § 302(b), added subpars.
(A) to (I), redesignated former subpars. (B) to (D) as (J)
to (L), respectively, and struck out former subpar. (A)
which related to terms of members appointed to the
Advisory Council.
Subsec. (p)(7), (8). Pub. L. 106–181, § 302(c), added pars.
(7) and (8).
Subsec. (r). Pub. L. 106–181, § 303, added subsec. (r).
1999—Subsec.
(k).
Pub.
L.
106–6
substituted
‘‘$5,632,000,000 for fiscal year 1999.’’ for ‘‘$5,158,000,000 for
fiscal year 1997 and $5,344,000,000 for fiscal year 1998.’’
1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L.
104–264, § 276(c). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–287 substituted ‘‘August
23, 1994,’’ for ‘‘the date of the enactment of this sentence’’.
Pub. L. 104–264, § 223(a)(1), substituted ‘‘Except as provided in subsection (f) or in other provisions of law, the
Administrator’’ for ‘‘The Administrator’’.
Subsec. (f). Pub. L. 104–264, § 223(a)(2), inserted subsec.
heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted ‘‘Except as provided
in paragraph (2), the Secretary’’ for ‘‘The Secretary’’,
realigned margins, substituted ‘‘Neither the Secretary
nor the Administrator may’’ for ‘‘The Secretary may
not’’ and ‘‘or be bound’’ for ‘‘nor be bound’’, and added
pars. (2) and (3).
Subsec. (f)(3). Pub. L. 104–264, § 224(2), added par. (3).
Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 104–264, § 224(1), redesignated
par. (3) as (4).
Subsec. (g)(1)(A). Pub. L. 104–264, § 276(c), as added by
Pub. L. 105–102, substituted ‘‘45302–45304’’ for ‘‘45302,
45303’’.
Subsec. (k). Pub. L. 104–264, § 103(a), substituted
‘‘$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for
fiscal year 1998.’’ for ‘‘$4,088,000,000 for fiscal year 1991,
$4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal
year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000
for fiscal year 1995, and $4,810,000,000 for fiscal year
1996.’’
Subsec. (l). Pub. L. 104–264, § 225, added subsec. (l).
Subsec. (l)(6). Pub. L. 104–264, § 226, added par. (6).
Subsec. (m). Pub. L. 104–264, § 227, added subsec. (m).
Subsec. (n). Pub. L. 104–264, § 228, added subsec. (n).
Subsec. (o). Pub. L. 104–264, § 229, added subsec. (o).
Subsec. (p). Pub. L. 104–264, § 230, added subsec. (p).
Subsec. (q). Pub. L. 104–264, § 1210, added subsec. (q).
1994—Subsec. (b). Pub. L. 103–305, § 201, inserted at end
‘‘The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.’’
Subsec. (f). Pub. L. 103–272, § 4(j)(3)(A), substituted
‘‘Secretary of Transportation shall’’ for ‘‘Secretary
shall’’.
Subsec. (g). Pub. L. 103–272, § 4(j)(3)(B), inserted heading and amended text generally. Prior to amendment,
text read as follows: ‘‘The Administrator shall carry
out—
‘‘(1) duties and powers of the Secretary related to
aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section
308(b) of this title and sections 306–309, 312–314, 315–316
(except for the duties and powers vested in the Director of Intelligence and Security by or under section
101 of the Aviation Security Improvement Act of
1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII
of the Federal Aviation Act of 1958 (49 App. U.S.C.
1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et
seq., 1501, 1505, 1511, and 1521 et seq.); and

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‘‘(2) additional duties and powers prescribed by the
Secretary.’’
Subsec. (h). Pub. L. 103–272, § 5(m)(4)(A), substituted
‘‘Section 40101(d) of this title’’ for ‘‘Section 103 of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1303)’’.
Subsec. (j). Pub. L. 103–272, § 5(m)(4)(B), substituted
‘‘section 44507 of this title’’ for ‘‘section 312(e) of the
Federal Aviation Act of 1958’’.
Subsec. (k). Pub. L. 103–305, § 103, substituted
‘‘, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996’’ for
‘‘, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for
fiscal year 1995’’.
Pub. L. 103–272, § 4(j)(3)(C), inserted ‘‘to the Secretary
of Transportation’’ after ‘‘appropriated’’.
1992—Subsec. (k). Pub. L. 102–581 substituted ‘‘1991,’’
for ‘‘1991 and’’ and inserted before period at end
‘‘, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995’’.
1990—Subsec. (g)(1). Pub. L. 101–604 inserted ‘‘315–316
(except for the duties and powers vested in the Director
of Intelligence and Security by or under section 101 of
the Aviation Security Improvement Act of 1990),’’ after
‘‘312–314,’’.
Subsec. (k). Pub. L. 101–508 added subsec. (k).
1988—Subsec. (j). Pub. L. 100–591 added subsec. (j).
1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted
‘‘49 App. U.S.C.’’ for ‘‘49 U.S.C.’’.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after
Aug. 10, 2012, and applicable to appointments made on
and after that effective date, including any nomination
pending in the Senate on that date, see section 6(a) of
Pub. L. 112–166, set out as a note under section 113 of
Title 6, Domestic Security.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, § 3, Dec. 12, 2003, 117 Stat. 2493, provided that: ‘‘Except as otherwise specifically provided,
this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years
beginning after September 30, 2003.’’
EFFECTIVE DATE OF 2000 AMENDMENTS
Pub. L. 106–528, § 9, Nov. 22, 2000, 114 Stat. 2523, provided that: ‘‘Except as otherwise expressly provided,
this Act [amending this section and sections 41104,
44903, 44935, and 44936 of this title, enacting provisions
set out as notes under sections 40101, 44903, and 44936 of
this title, and amending provisions set out as notes
under sections 40128 and 47501 of this title] and the
amendments made by this Act shall take effect 30 days
after the date of enactment of this Act [Nov. 22, 2000].’’
Pub. L. 106–181, § 3, Apr. 5, 2000, 114 Stat. 64, provided
that: ‘‘Except as otherwise specifically provided, this
Act [see Tables for classification] and the amendments
made by this Act shall apply only to fiscal years beginning after September 30, 1999.’’
Pub. L. 106–181, title III, § 302(d), Apr. 5, 2000, 114 Stat.
121, provided that:
‘‘(1) IN GENERAL.—The amendments made by this section [amending this section] shall take effect on the
date of the enactment of this Act [Apr. 5, 2000].
‘‘(2) INITIAL NOMINATIONS TO AIR TRAFFIC SERVICES
SUBCOMMITTEE.—The Secretary [of Transportation]
shall make the initial appointments of the Air Traffic
Services Subcommittee of the Aviation Management
Advisory Council not later than 3 months after the
date of the enactment of this Act.
‘‘(3) EFFECT ON ACTIONS PRIOR TO APPOINTMENT OF SUBCOMMITTEE.—Nothing in this section shall be construed
to invalidate the actions and authority of the Federal
Aviation Administration prior to the appointment of
the members of the Air Traffic Services Subcommittee.’’
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(3) is effective Oct. 9, 1996.

§ 106

Pub. L. 105–102, § 3(f), Nov. 20, 1997, 111 Stat. 2216, provided that: ‘‘The amendments made by subsections (a)
through (d) of this section [amending this section and
sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and
47128 of this title, renumbering section 40121 of this
title as 40124 of this title, and amending provisions set
out as notes under sections 5303 and 47117 of this title]
shall take effect as if included in the provisions of the
Acts to which the amendments relate.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–264, § 3, Oct. 9, 1996, 110 Stat. 3215, provided
that:
‘‘(a) IN GENERAL.—Except as otherwise specifically
provided, this Act [see Tables for classification] and
the amendments made by this Act apply only to fiscal
years beginning after September 30, 1996.
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this Act or any amendment made by this Act
shall be construed as affecting funds made available for
a fiscal year ending before October 1, 1996.’’
Pub. L. 104–264, title II, § 203, Oct. 9, 1996, 110 Stat.
3227, provided that: ‘‘The provisions of this title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of
this title, amending this section and section 41742 of
this title, renumbering section 45303 of this title as section 45304, repealing section 45301 of this title, and enacting provisions set out as notes under this section
and sections 40101, 40110, and 41742 of this title] and the
amendments made by this title shall take effect on the
date that is 30 days after the date of the enactment of
this Act [Oct. 9, 1996].’’
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
General references to ‘‘this title’’ deemed to refer
also to chapters 509 and 511 of Title 51, National and
Commercial Space Programs, see section 4(d)(8) of Pub.
L. 111–314, set out as a note under section 101 of this
title.
EDUCATIONAL REQUIREMENTS
Pub. L. 112–95, title II, § 223, Feb. 14, 2012, 126 Stat. 55,
provided that: ‘‘The Administrator of the Federal Aviation Administration shall make payments to the Department of Defense for the education of dependent
children of those Administration employees in Puerto
Rico and Guam as they are subject to transfer by policy and practice and meet the eligibility requirements
of section 2164(c) of title 10, United States Code.’’
FAA REVIEW AND REFORM
Pub. L. 112–95, title VIII, § 812, Feb. 14, 2012, 126 Stat.
124, provided that:
‘‘(a) AGENCY REVIEW.—Not later than 60 days after
the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration
shall undertake a thorough review of each program, office, and organization within the Administration, including the Air Traffic Organization, to identify—
‘‘(1) duplicative positions, programs, roles, or offices;
‘‘(2) wasteful practices;
‘‘(3) redundant, obsolete, or unnecessary functions;
‘‘(4) inefficient processes; and
‘‘(5) ineffectual or outdated policies.
‘‘(b) ACTIONS TO STREAMLINE AND REFORM FAA.—Not
later than 120 days after the date of enactment of this
Act, the Administrator shall undertake such actions as
may be necessary to address the Administrator’s findings under subsection (a), including—
‘‘(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices;
‘‘(2) eliminating or streamlining wasteful practices;
‘‘(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions;
‘‘(4) reforming and streamlining inefficient processes so that the activities of the Administration are
completed in an expedited and efficient manner; and

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‘‘(5) reforming or eliminating ineffectual or outdated policies.
‘‘(c) AUTHORITY.—Notwithstanding any other provision of law, the Administrator shall have the authority
to undertake the actions required under subsection (b).
‘‘(d) REPORT TO CONGRESS.—Not later than 150 days
after the date of enactment of this Act, the Administrator shall submit to Congress a report on the actions
taken by the Administrator under this section, including any recommendations for legislative or administrative actions.’’
ORPHAN AVIATION EARMARKS
Pub. L. 112–95, title VIII, § 825, Feb. 14, 2012, 126 Stat.
131, provided that:
‘‘(a) EARMARK DEFINED.—In this section, the term
‘earmark’ means a statutory provision or report language included primarily at the request of a Senator or
a Member, Delegate, or Resident Commissioner of the
House of Representatives providing, authorizing, or
recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, or
other expenditure with or to an entity or a specific
State, locality, or Congressional district, other than
through a statutory or administrative formula-driven
or competitive award process.
‘‘(b) RESCISSION.—If any earmark relating to the Federal Aviation Administration has more than 90 percent
of applicable appropriated amounts remaining available for obligation at the end of the 9th fiscal year beginning after the fiscal year in which those amounts
were appropriated, the unobligated portion of those
amounts is rescinded effective at the end of that 9th
fiscal year, except that the Administrator of the Federal Aviation Administration may delay any such rescission if the Administrator determines that an obligation with respect to those amounts is likely to occur
during the 12-month period beginning on the last day of
that 9th fiscal year.
‘‘(c) IDENTIFICATION AND REPORT.—
‘‘(1) AGENCY IDENTIFICATION.—At the end of each fiscal year, the Administrator shall identify and report
to the Director of the Office of Management and
Budget every earmark related to the Administration
and with respect to which there is an unobligated balance of appropriated amounts.
‘‘(2) ANNUAL REPORT.—Not later than 1 year after
the date of enactment of this Act [Feb. 14, 2012], and
annually thereafter, the Director shall submit to
Congress and make available to the public on the
Internet Web site of the Office a report that includes—
‘‘(A) a listing of each earmark related to the Administration and with respect to which there is an
unobligated balance of appropriated amounts,
which shall include the amount of the original earmark, the amount of the unobligated balance related to that earmark, and the date on which the funding expires, if applicable;
‘‘(B) the number of rescissions under subsection
(b) and the savings resulting from those rescissions
for the previous fiscal year; and
‘‘(C) a listing of earmarks related to the Administration with amounts scheduled for rescission at
the end of the current fiscal year.’’
FEDERAL AVIATION ADMINISTRATION SCIENCE AND
TECHNOLOGY SCHOLARSHIP PROGRAM
Pub. L. 108–176, title VII, § 702, Dec. 12, 2003, 117 Stat.
2576, provided that:
‘‘(a)(1) The Administrator of the Federal Aviation Administration shall establish a Federal Aviation Administration Science and Technology Scholarship Program
to award scholarships to individuals that is designed to
recruit and prepare students for careers in the Federal
Aviation Administration.
‘‘(2) Individuals shall be selected to receive scholarships under this section through a competitive process

Page 38

primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section
33 or 34 of the Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, 1885b].
‘‘(3) To carry out the Program the Administrator
shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the
Federal Aviation Administration, for the period described in subsection (f)(1), in positions needed by the
Federal Aviation Administration and for which the individuals are qualified, in exchange for receiving a
scholarship.
‘‘(b) In order to be eligible to participate in the Program, an individual must—
‘‘(1) be enrolled or accepted for enrollment as a fulltime student at an institution of higher education, as
a junior or senior undergraduate or graduate student,
in an academic field or discipline described in the list
made available under subsection (d);
‘‘(2) be a United States citizen or permanent resident; and
‘‘(3) at the time of the initial scholarship award,
not be an employee (as defined in section 2105 of title
5, United States Code).
‘‘(c) An individual seeking a scholarship under this
section shall submit an application to the Administrator at such time, in such manner, and containing
such information, agreements, or assurances as the Administrator may require.
‘‘(d) The Administrator shall make publicly available
a list of academic programs and fields of study for
which scholarships under the Program may be utilized
and shall update the list as necessary.
‘‘(e)(1) The Administrator may provide a scholarship
under the Program for an academic year if the individual applying for the scholarship has submitted to the
Administrator, as part of the application required
under subsection (c), a proposed academic program
leading to a degree in a program or field of study on the
list made available under subsection (d).
‘‘(2) An individual may not receive a scholarship
under this section for more than 4 academic years, unless the Administrator grants a waiver.
‘‘(3) The dollar amount of a scholarship under this
section for an academic year shall be determined under
regulations issued by the Administrator, but shall in
no case exceed the cost of attendance.
‘‘(4) A scholarship provided under this section may be
expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation.
‘‘(5) The Administrator may enter into a contractual
agreement with an institution of higher education
under which the amounts provided for a scholarship
under this section for tuition, fees, and other authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
‘‘(f)(1) The period of service for which an individual
shall be obligated to serve as an employee of the Federal Aviation Administration is, except as provided in
subsection (h)(2), 24 months for each academic year for
which a scholarship under this section is provided.
‘‘(2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later
than 60 days after the individual obtains the educational degree for which the scholarship was provided.
‘‘(B) The Administrator may defer the obligation of
an individual to provide a period of service under paragraph (1) if the Administrator determines that such a
deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service
obligation may be deferred through regulation.
‘‘(g)(1) Scholarship recipients who fail to maintain a
high level of academic standing, as defined by the Administrator by regulation, who are dismissed from
their educational institutions for disciplinary reasons,
or who voluntarily terminate academic training before
graduation from the educational program for which the

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scholarship was awarded, shall be in breach of their
contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to
the United States for repayment within 1 year after the
date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended
by the Administrator when determined to be necessary,
as established by regulation.
‘‘(2) Scholarship recipients who, for any reason, fail
to begin or complete their service obligation after completion of academic training, or fail to comply with the
terms and conditions of deferment established by the
Administrator pursuant to subsection (f)(2)(B), shall be
in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in
the preceding sentence, the recipient shall be liable to
the United States for an amount equal to—
‘‘(A) the total amount of scholarships received by
such individual under this section; plus
‘‘(B) the interest on the amounts of such awards
which would be payable if at the time the awards
were received they were loans bearing interest at the
maximum legal prevailing rate, as determined by the
Treasurer of the United States,
multiplied by 3.
‘‘(h)(1) Any obligation of an individual incurred under
the Program (or a contractual agreement thereunder)
for service or payment shall be canceled upon the death
of the individual.
‘‘(2) The Administrator shall by regulation provide
for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement
thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best
interests of the Government.
‘‘(i) For purposes of this section—
‘‘(1) the term ‘cost of attendance’ has the meaning
given that term in section 472 of the Higher Education Act of 1965 [20 U.S.C. 1087ll];
‘‘(2) the term ‘institution of higher education’ has
the meaning given that term in section 101(a) of the
Higher Education Act of 1965 [20 U.S.C. 1001(a)]; and
‘‘(3) the term ‘Program’ means the Federal Aviation Administration Science and Technology Scholarship Program established under this section.
‘‘(j)(1) There is authorized to be appropriated to the
Federal Aviation Administration for the Program
$10,000,000 for each fiscal year.
‘‘(2) Amounts appropriated under this section shall
remain available for 2 fiscal years.
‘‘(k) The Administrator may provide temporary internships to full-time students enrolled in an undergraduate or post-graduate program leading to an advanced degree in an aerospace-related or aviation safety-related field of endeavor.’’
INTERNET AVAILABILITY OF INFORMATION
Pub. L. 106–181, title IX, § 903, Apr. 5, 2000, 114 Stat.
196, provided that: ‘‘The Administrator [of the Federal
Aviation Administration] shall make available through
the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants
and awards made with funds authorized by the amendments made by this Act [see Tables for classification].
Nothing in this section shall be construed to require or
permit the release of any information prohibited by
law or regulation from being released to the public.’’
FINDINGS
Pub. L. 104–264, title II, § 221, Oct. 9, 1996, 110 Stat.
3227, provided that: ‘‘Congress finds the following:
‘‘(1) In many respects the Administration is a
unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365

§ 106

days of the year, while continuing to rely on outdated technology to carry out its responsibilities for
a state-of-the-art industry.
‘‘(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming
from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other
users of Administration’s services.
‘‘(3) The Administration must become a more efficient, effective, and different organization to meet
future challenges.
‘‘(4) The need to balance the Federal budget means
that it may become more and more difficult to obtain
sufficient General Fund contributions to meet the
Administration’s future budget needs.
‘‘(5) Congress must keep its commitment to the
users of the national air transportation system by
seeking to spend all moneys collected from them
each year and deposited into the Airport and Airway
Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which
such funds were collected.
‘‘(6) The aviation community and the employees of
the Administration must come together to improve
the system. The Administration must continue to
recognize who its customers are and what their needs
are, and to design and redesign the system to make
safety improvements and increase productivity.
‘‘(7) The Administration projects that commercial
operations will increase by 18 percent and passenger
traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization,
these needs cannot be met.
‘‘(8) Absent significant and meaningful reform, future challenges and needs cannot be met.
‘‘(9) The Administration must have a new way of
doing business.
‘‘(10) There is widespread agreement within government and the aviation industry that reform of the
Administration is essential to safely and efficiently
accommodate the projected growth of aviation within
the next decade.
‘‘(11) To the extent that Congress determines that
certain segments of the aviation community are not
required to pay all of the costs of the government
services which they require and benefits which they
receive, Congress should appropriate the difference
between such costs and any receipts received from
such segment.
‘‘(12) Prior to the imposition of any new charges or
user fees on segments of the industry, an independent
review must be performed to assess the funding needs
and assumptions for operations, capital spending, and
airport infrastructure.
‘‘(13) An independent, thorough, and complete study
and assessment must be performed of the costs to the
Administration and the costs driven by each segment
of the aviation system for safety and operational
services, including the use of the air traffic control
system and the Nation’s airports.
‘‘(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air
transportation system faces significant problems
without significant changes, the Administration has
been authorized to change the Federal procurement
and personnel systems to ensure that the Administration has the ability to keep pace with new technology
and is able to match resources with the real personnel needs of the Administration.
‘‘(15) The existing budget system does not allow for
long-term planning or timely acquisition of technology by the Administration.
‘‘(16) Without reforms in the areas of procurement,
personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed
improvements in the performance of the air traffic
management system will not occur.

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‘‘(17) All reforms should be designed to help the Administration become more responsive to the needs of
its customers and maintain the highest standards of
safety.’’
PURPOSES
Pub. L. 104–264, title II, § 222, Oct. 9, 1996, 110 Stat.
3229, provided that: ‘‘The purposes of this title [see Effective Date of 1996 Amendment note set out above]
are—
‘‘(1) to ensure that final action shall be taken on all
notices of proposed rulemaking of the Administration
within 18 months after the date of their publication;
‘‘(2) to permit the Administration, with Congressional review, to establish a program to improve air
traffic management system performance and to establish appropriate levels of cost accountability for
air traffic management services provided by the Administration;
‘‘(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and
‘‘(4) to make the Administration a more efficient
and effective organization, able to meet the needs of
a dynamic, growing industry, and to ensure the safety of the traveling public.’’
PRESERVATION OF EXISTING AUTHORITY
Pub. L. 104–264, title II, § 223(b), Oct. 9, 1996, 110 Stat.
3230, provided that: ‘‘Nothing in this title [see Effective
Date of 1996 Amendment note set out above] or the
amendments made by this title limits any authority
granted to the Administrator by statute or by delegation that was in effect on the day before the date of the
enactment of this Act [Oct. 9, 1996].’’
PERSONNEL MANAGEMENT SYSTEM FOR FEDERAL
AVIATION ADMINISTRATION
Pub. L. 104–50, title III, § 347, Nov. 15, 1995, 109 Stat.
460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110
Stat. 876; Pub. L. 105–339, § 5, Oct. 31, 1998, 112 Stat. 3187,
which required the Administrator of the Federal Aviation Administration to develop and implement, not
later than Jan. 1, 1996, a personnel management system, exempt from most provisions of Title 5, Government Organization and Employees, to provide for greater flexibility in the hiring, training, compensation, and
location of personnel, was repealed by Pub. L. 106–181,
title III, § 307(d), Apr. 5, 2000, 114 Stat. 126.
DEPENDENTS OF FEDERAL AVIATION ADMINISTRATION
PERSONNEL
Pub. L. 106–346, § 101(a) [title III, § 303], Oct. 23, 2000,
114 Stat. 1356, 1356A–23, provided that: ‘‘Hereafter, funds
appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be
available: (1) except as otherwise authorized by title
VIII of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7701 et seq.), for expenses of primary and
secondary schooling for dependents of Federal Aviation
Administration personnel stationed outside the continental United States at costs for any given area not
in excess of those of the Department of Defense for the
same area, when it is determined by the Secretary that
the schools, if any, available in the locality are unable
to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and
their places of residence when the Secretary, under
such regulations as may be prescribed, determines that
such schools are not accessible by public means of
transportation on a regular basis.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 106–69, title III, § 303, Oct. 9, 1999, 113 Stat.
1015.
Pub. L. 105–277, div. A, § 101(g) [title III, § 303], Oct. 21,
1998, 112 Stat. 2681–439, 2681–464.
Pub. L. 105–66, title III, § 303, Oct. 27, 1997, 111 Stat.
1441.

Page 40

Pub. L. 104–205, title III, § 303, Sept. 30, 1996, 110 Stat.
2968.
Pub. L. 104–50, title III, § 303, Nov. 15, 1995, 109 Stat.
453.
Pub. L. 103–331, title III, § 303, Sept. 30, 1994, 108 Stat.
2488.
Pub. L. 103–122, title III, § 303, Oct. 27, 1993, 107 Stat.
1219.
Pub. L. 102–388, title III, § 303, Oct. 6, 1992, 106 Stat.
1543.
Pub. L. 102–143, title III, § 303, Oct. 28, 1991, 105 Stat.
939.
Pub. L. 101–516, title III, § 303, Nov. 5, 1990, 104 Stat.
2178.
Pub. L. 101–164, title III, § 303, Nov. 21, 1989, 103 Stat.
1091.
Pub. L. 100–457, title III, § 303, Sept. 30, 1988, 102 Stat.
2146.
Pub. L. 100–202, § 101(l) [title III, § 303], Dec. 22, 1987,
101 Stat. 1329–358, 1329–377.
Pub. L. 99–500, § 101(l) [H.R. 5205, title III, § 303], Oct.
18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l),
Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, § 101(e) [title III, § 303], Dec. 19, 1985, 99
Stat. 1267, 1284.
Pub. L. 98–473, title I, § 101(i) [title III, § 303], Oct. 12,
1984, 98 Stat. 1944, 1961.
Pub. L. 98–78, title III, § 303, Aug. 15, 1983, 97 Stat. 470.
Pub. L. 97–369, title III, § 306, Dec. 18, 1982, 96 Stat.
1781.
Pub. L. 97–102, title III, § 306, Dec. 23, 1981, 95 Stat.
1458.
Pub. L. 96–400, title III, § 306, Oct. 9, 1980, 94 Stat. 1695.
Pub. L. 96–131, title III, § 307, Nov. 30, 1979, 93 Stat.
1037.
Pub. L. 95–335, title III, § 310, Aug. 4, 1978, 92 Stat. 448.
Pub. L. 95–85, title III, § 310, Aug. 2, 1977, 91 Stat. 416.
Pub. L. 94–387, title III, § 312, Aug. 14, 1976, 90 Stat.
1185.
Pub. L. 94–134, title III, § 310, Nov. 24, 1975, 89 Stat. 711.
Pub. L. 93–391, title III, § 311, Aug. 28, 1974, 88 Stat. 780.
Pub. L. 93–98, title III, § 313, Aug. 16, 1973, 87 Stat. 340.
Pub. L. 92–398, title III, § 313, Aug. 22, 1972, 86 Stat. 591.
Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.
Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.
Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.
Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.
Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.
Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.
Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.
Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.
Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.
Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.
Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.
Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.
Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.
Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.
AVIATION SAFETY COMMISSION
Pub. L. 99–500, title V, §§ 501–507, Oct. 18, 1986, 100 Stat.
1783–370 to 1783–373, and Pub. L. 99–591, title V, §§ 501–507,
Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the
Aviation Safety Commission Act of 1986, established
Aviation Safety Commission, directed Commission to
study organization and functions of Federal Aviation
Administration and means by which it could most efficiently and effectively perform its responsibilities and
increase aviation safety and to submit reports to the
President and the two houses of Congress within 9
months after Oct. 18, 1986, and within 18 months after
Oct. 18, 1986, and provided that Commission was to
cease to exist 18 months after Oct. 18, 1986.
APPOINTMENT OF RETIRED MILITARY OFFICER AS
ADMINISTRATOR
Pub. L. 102–308, June 26, 1992, 106 Stat. 273, provided:
‘‘That notwithstanding the provisions of section 106 of

Page 41

TITLE 49—TRANSPORTATION

title 49, United States Code, or any other provision of
law, the President, acting by and with the advice and
consent of the Senate, is authorized to appoint General
Thomas C. Richards, United States Air Force, Retired,
to the Office of Administrator of the Federal Aviation
Administration. General Richards’ appointment to, acceptance of, and service in that Office shall in no way
affect the status, rank, and grade which he shall hold
as an officer on the retired list of the United States Air
Force, or any emolument, perquisite, right, privilege,
or benefit incident to or arising out of any such status,
office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code,
affects the amount of retired pay to which he is entitled by law during his service as Administrator. So
long as he serves as Administrator, General Richards
shall receive the compensation of that Office at the
rate which would be applicable if he were not an officer
on the retired list of the United States Air Force, shall
retain the status, rank, and grade which he now holds
as an officer on the retired list of the United States Air
Force, shall retain all emoluments, perquisites, rights,
privileges, and benefits incident to or arising out of
such status, office, rank, or grade, and shall in addition
continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV
of chapter 55 of title 5, United States Code.
‘‘SEC. 2. In the performance of his duties as Administrator of the Federal Aviation Administration, General
Richards shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other
than would be operative with respect to him if he were
not an officer on the retired list of the United States
Air Force.
‘‘SEC. 3. Nothing in this Act shall be construed as approval by the Congress of any future appointments of
military persons to the Office of Administrator of the
Federal Aviation Administration.’’
Prior provisions authorizing the appointment of a retired military officer as Administrator were contained
in the following acts:
Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678.
Pub. L. 101–47, June 30, 1989, 103 Stat. 134.
Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125.
Pub. L. 89–46, June 22, 1965, 79 Stat. 171.
EX. ORD. NO. 13180. AIR TRAFFIC PERFORMANCE-BASED
ORGANIZATION
Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as
amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R.
39243, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to further improve the provision
of air traffic services in ways that increase efficiency,
take better advantage of new technologies, accelerate
modernization efforts, and respond more effectively to
the needs of the traveling public, while enhancing the
safety, security, and efficiency of the Nation’s air
transportation system, it is hereby ordered as follows:
SECTION 1. Establishment of the Air Traffic Organization. (a) The Secretary of Transportation (Secretary)
shall, consistent with his legal authorities, move to establish within the Federal Aviation Administration
(FAA) a performance-based organization to be known
as the ‘‘Air Traffic Organization’’ (ATO).
(b) The ATO shall be composed of those elements of
the FAA’s Air Traffic Services and Research and Acquisition organizations that have direct connection and
give support to the provision of day-to-day operational
air traffic services, as determined by the Administrator
of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility
for any operational activity of the air traffic control
system to the head of the ATO. The Administrator’s responsibility for general safety, security, and policymaking functions for the National Airspace System is
unaffected by this order.
(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford

§ 106

Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106–181) [see Short Title of
2000 Amendments note set out under section 40101 of
this title], shall head the ATO and shall report directly
to the Administrator and be subject to the authority of
the Administrator. The COO, in consultation with the
Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator
that sets forth measurable organization and individual
goals in key operational areas and describes specific
targets and how such goals will be achieved. The COO
may receive an annual bonus not to exceed 30 percent
of the annual rate of basic pay, based upon the Administrator’s evaluation of the COO’s performance in relation to the targets and goals described above.
(d) The COO shall develop a 5-year strategic plan for
the air traffic control system, including a clear statement of the mission and objectives for the system’s
safety, efficiency, and productivity. This strategic plan
must ensure that ATO actions are consistent with longterm FAA strategies for the aviation system as a
whole.
(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of
the FAA.
SEC. 2. Purpose. The FAA’s primary mission is to ensure the safety, security, and efficiency of the National
Airspace System. The purpose of this order is to enhance that mission and further improve the delivery of
air traffic services to the American public by reorganizing the FAA’s air traffic services and related offices into a performance-based, results-oriented, organization. The ATO will be better able to make use of
the unique procurement and personnel authorities that
the FAA currently has and to better use the additional
management reforms enacted by the Congress this year
under Air-21. Specifically, the ATO shall:
(a) optimize use of existing management flexibilities
and authorities to improve the efficiency of air traffic
services and increase the capacity of the system;
(b) develop methods to accelerate air traffic control
modernization and to improve aviation safety related
to air traffic control;
(c) develop agreements with the Administrator of the
FAA and users of the products, services, and capabilities it will provide;
(d) operate in accordance with safety performance
standards developed by the FAA and rapidly respond to
FAA safety and security oversight findings;
(e) consult with its customers, the traveling public,
including direct users such as airlines, cargo carriers,
manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA’s external customer needs;
(f) consult with appropriate Federal, State, and local
public agencies, including the Department of Defense
and the National Aeronautics and Space Administration, to determine the best practices for meeting the
diverse needs throughout the National Airspace System;
(g) establish strong incentives to managers for
achieving results; and
(h) formulate and recommend to the Administrator
any management, fiscal, or legislative changes necessary for the organization to achieve its performance
goals.
SEC. 3. Aviation Management Advisory Committee. The
Air Traffic Control Subcommittee of the Aviation Management Advisory Committee shall provide, consistent
with its responsibilities under Air-21, general oversight
to ATO regarding the administration, management,
conduct, direction, and supervision of the air traffic
control system.
SEC. 4. Evaluation and Report. Not later than 5 years
after the date of this order, the Aviation Management
Advisory Committee shall provide to the Secretary and
the Administrator a report on the operation and effec-

§ 107

TITLE 49—TRANSPORTATION

tiveness of the ATO, together with any recommendations for management, fiscal, or legislative changes to
enable the organization to achieve its goals.
SEC. 5. Definitions. The term ‘‘air traffic control system’’ has the same meaning as the term defined by section 40102(a)(42) [now 40102(a)(47)] of title 49, United
States Code.
SEC. 6. Judicial Review. This order is intended only to
improve the internal management of the executive
branch and is not intended to, nor does it, create any
right to administrative or judicial review, or any right,
whether substantive or procedural, enforceable by any
party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
DEFINITIONS FOR TITLE II OF PUB. L. 104–264
Pub. L. 104–264, title II, § 202, Oct. 9, 1996, 110 Stat.
3227, provided that: ‘‘In this title [see Effective Date of
1996 Amendment note set out above], the following definitions apply:
‘‘(1) ADMINISTRATION.—The term ‘Administration’
means the Federal Aviation Administration.
‘‘(2) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Aviation Administration.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.’’

§ 107. Federal Transit Administration
(a) The Federal Transit Administration is an
administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President,
by and with the advice and consent of the Senate. The Administrator reports directly to the
Secretary of Transportation.
(c) The Administrator shall carry out duties
and powers prescribed by the Secretary.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417;
Pub. L. 102–240, title III, § 3004(c)(1), (2), Dec. 18,
1991, 105 Stat. 2088.)
HISTORICAL AND REVISION NOTES
Revised
Section
107 .............

Source (U.S. Code)
49:1608 (note).

Source (Statutes at Large)
Reorg. Plan No. 2 of 1968,
eff. July 1, 1968, § 3, 82
Stat. 1369.

In subsection (b), the words ‘‘and shall be compensated at the rate now or hereafter provided for
Level III of the Executive Schedule Pay Rates (5 U.S.C.
5314)’’ are omitted as surplus because of 5:5314.

Page 42

ministration in the Department of Transportation.
(b) SAFETY AS HIGHEST PRIORITY.—In carrying
out its duties, the Administration shall consider
the assignment and maintenance of safety as
the highest priority, recognizing the clear intent, encouragement, and dedication of Congress
to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
(c) ADMINISTRATOR.—The head of the Administration shall be the Administrator who shall be
appointed by the President, by and with the advice and consent of the Senate, and shall be an
individual with professional experience in pipeline safety, hazardous materials safety, or other
transportation safety. The Administrator shall
report directly to the Secretary of Transportation.
(d) DEPUTY ADMINISTRATOR.—The Administration shall have a Deputy Administrator who
shall be appointed by the Secretary. The Deputy
Administrator shall carry out duties and powers
prescribed by the Administrator.
(e) CHIEF SAFETY OFFICER.—The Administration shall have an Assistant Administrator for
Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the
Chief Safety Officer of the Administration. The
Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f) DUTIES AND POWERS OF THE ADMINISTRATOR.—The Administrator shall carry out—
(1) duties and powers related to pipeline and
hazardous materials transportation and safety
vested in the Secretary by chapters 51, 57, 61,
601, and 603; and
(2) other duties and powers prescribed by the
Secretary.
(g) LIMITATION.—A duty or power specified in
subsection (f)(1) may be transferred to another
part of the Department of Transportation or another government entity only if specifically provided by law.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417;
Pub. L. 103–272, § 4(j)(4), July 5, 1994, 108 Stat.
1365; Pub. L. 108–426, § 2(a), Nov. 30, 2004, 118 Stat.
2423.)

AMENDMENTS
1991—Pub. L. 102–240 substituted ‘‘Federal Transit Administration’’ for ‘‘Urban Mass Transportation Administration’’ in section catchline and subsec. (a).
CHANGE OF NAME
Pub. L. 102–240, title III, § 3004(a), (b), Dec. 18, 1991, 105
Stat. 2088, provided that:
‘‘(a) REDESIGNATION OF UMTA.—The Urban Mass
Transportation Administration of the Department of
Transportation shall be known and designated as the
‘Federal Transit Administration’.
‘‘(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United
States to the Urban Mass Transportation Administration shall be deemed to be a reference to the ‘Federal
Transit Administration’.’’

§ 108. Pipeline and Hazardous Materials Safety
Administration
(a) IN GENERAL.—The Pipeline and Hazardous
Materials Safety Administration shall be an ad-

HISTORICAL AND REVISION NOTES
PUB. L. 97–449
Revised
Section

Source (U.S. Code)

108(a) .........

49:1655(b)(1), (2).

108(b) .........

49:1652(e)(3) (related
to USCG).

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§§ 3(e)(3)
(related
to
USCG), 6(b)(1), (2), 80 Stat.
932, 938.

Subsection (a) reflects the transfer of the Coast
Guard to the Department of Transportation as provided
by the source provisions and 14:1. The words ‘‘Except
when operating as a service of the Navy’’ are substituted for 49:1655(b)(2) because of 14:3. The words ‘‘The
Secretary of Transportation exercises . . . vested in the
Secretary of the Treasury . . . immediately before
April 1, 1967’’ are substituted for ‘‘and there are hereby
transferred to and vested in the Secretary . . . of the
Secretary of the Treasury’’ to reflect the transfer of
duties and powers to the Secretary of Transportation