49 U.s.c. 40113

Page 763

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

Source (U.S. Code)

40112(a) ......

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

40112(b) ......

49 App.:1344(f)(1)
(words after 4th
comma).
49 App.:1344(f)(2).
49 App.:1344(f)(4)
(words before 3d
comma).

40112(c) ......
40112(d)
(1)(A).

§ 40113

TITLE 49—TRANSPORTATION

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

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

40112(d)
(1)(B).
40112(d)
(1)(C).
40112(d)(2) ..
40112(e)(1) ..

40112(e)(2) ..
40112(f) .......

Source (Statutes at Large)

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

In this section, the word ‘‘Administrator’’ in section
303(f) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), the reference in 49 App.:1344(f)(7) to
a contract for the purchase of services is omitted as
surplus because 49 App.:1344(f)(1) states that the subsection is concerned only with contracts for the purchase of property.
In subsection (b)(5), the word ‘‘savings’’ is substituted
for ‘‘cost avoidance’’ for clarity.
In subsection (c), before clause (1), the word ‘‘both’’ is
omitted as surplus. In clause (1)(A), the words ‘‘in such
a manner as’’ and ‘‘companies that are’’ are omitted as
surplus. In clause (1)(B), the words ‘‘accruing on’’ are
substituted for ‘‘under’’ for clarity. The words ‘‘subcontractor’’ and ‘‘contract’’ are substituted for ‘‘subcontract’’ and ‘‘contractor’’, respectively, to correct errors in the source provisions being restated.
In subsection (d)(1)(B), the words ‘‘after the first
year’’ are substituted for ‘‘during the second and subsequent years of the contract’’ to eliminate unnecessary
words.
In subsection (e)(2), the words ‘‘a clause setting
forth’’ are omitted as surplus.
In subsection (f), the words ‘‘canceled or’’ and ‘‘cancellation or’’ are omitted as being included in ‘‘ended’’
and ‘‘ending’’, respectively.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–106 struck out ‘‘or a contract to purchase property to which section 111 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759) applies’’ after ‘‘improvement to real
property’’.
Subsec. (e)(2). Pub. L. 104–287 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and
Transportation’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective 180 days after
Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10,
1996, 110 Stat. 702.

§ 40113. Administrative
(a) GENERAL AUTHORITY.—The Secretary of
Transportation (or the Under Secretary of
Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration
with respect to aviation safety duties and powers designated to be carried out by the Administrator) may take action the Secretary, Under
Secretary, or Administrator, as appropriate,
considers necessary to carry out this part, including conducting investigations, prescribing
regulations, standards, and procedures, and issuing orders.
(b) HAZARDOUS MATERIAL.—In carrying out
this part, the Secretary has the same authority

§ 40113

TITLE 49—TRANSPORTATION

to regulate the transportation of hazardous material by air that the Secretary has under section 5103 of this title. However, this subsection
does not prohibit or regulate the transportation
of a firearm (as defined in section 232 of title 18)
or ammunition for a firearm, when transported
by an individual for personal use.
(c) GOVERNMENTAL ASSISTANCE.—The Secretary (or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and powers designated to be
carried out by the Administrator) may use the
assistance of the Administrator of the National
Aeronautics and Space Administration and any
research or technical department, agency, or instrumentality of the United States Government
on matters related to aircraft fuel and oil, and
to the design, material, workmanship, construction, performance, maintenance, and operation
of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct
scientific and technical research, investigations,
and tests necessary to assist the Secretary or
Administrator of the Federal Aviation Administration in carrying out this part. This part does
not authorize duplicating laboratory research
activities of a department, agency, or instrumentality.
(d) INDEMNIFICATION.—The Under Secretary of
Transportation for Security or the Administrator of the Federal Aviation Administration
may indemnify an officer or employee of the
Transportation Security Administration or Federal Aviation Administration, as the case may
be, against a claim or judgment arising out of
an act that the Under Secretary or Administrator, as the case may be, decides was committed within the scope of the official duties of the
officer or employee.
(e) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.—
(1) SAFETY-RELATED TRAINING AND OPERATIONAL SERVICES.—The Administrator may
provide safety-related training and operational services to foreign aviation authorities
with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety. To the extent
practicable, air travel reimbursed under this
subsection shall be conducted on United
States air carriers.
(2) REIMBURSEMENT SOUGHT.—The Administrator shall actively seek reimbursement for
services provided under this subsection from
foreign aviation authorities capable of providing such reimbursement.
(3) CREDITING APPROPRIATIONS.—Funds received by the Administrator pursuant to this
section shall be credited to the appropriation
from which the expenses were incurred in providing such services.
(4) REPORTING.—Not later than December 31,
1995, and annually thereafter, the Administrator shall transmit to Congress a list of the
foreign aviation authorities to which the Administrator provided services under this subsection in the preceding fiscal year. Such list
shall specify the dollar value of such services
and any reimbursement received for such services.

Page 764

(f) APPLICATION OF CERTAIN REGULATIONS TO
ALASKA.—In amending title 14, Code of Federal
Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the
Federal Aviation Administration shall consider
the extent to which Alaska is not served by
transportation modes other than aviation, and
shall establish such regulatory distinctions as
the Administrator considers appropriate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110;
Pub. L. 103–305, title II, § 202, Aug. 23, 1994, 108
Stat. 1582; Pub. L. 106–181, title I, § 156(a), Apr. 5,
2000, 114 Stat. 89; Pub. L. 107–71, title I, § 140(c),
Nov. 19, 2001, 115 Stat. 641.)
HISTORICAL AND REVISION NOTES
Revised
Section
40113(a) ......

Source (U.S. Code)
49 App.:1324(a).
49 App.:1354(a).
49 App.:1551(b)(1)(E).

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

40113(b) ......

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

40113(c) ......

49 App.:1505.

40113(d) ......

49 App.:1655(c)(1).
49 App.:1354(e).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 204(a), 313(a), 72 Stat.
743, 752.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.
Aug. 23, 1958, Pub. L. 85–726,
§ 902(h)(1), (3), 72 Stat. 785;
restated Jan. 3, 1975, Pub.
L. 93–633, § 113(c), 88 Stat.
2162, 2163.
Aug. 23, 1958, Pub. L. 85–726,
§ 1105, 72 Stat. 798; Oct. 15,
1962, Pub. L. 87–810, § 3, 76
Stat. 921.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 313(e); added
Dec. 30, 1987, Pub. L.
100–223, § 205, 101 Stat.
1521.

In subsections (a), (c), and (d), the word ‘‘Administrator’’ in sections 313(a) and (e) and 1105 of the Federal
Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752,
798) is retained on authority of 49:106(g).
Subsection (a) is substituted for 49 App.:1324(a) and
1354(a) to eliminate unnecessary words. The word
‘‘standards’’ is added for consistency.
In subsection (b), the words ‘‘his responsibilities
under’’ and ‘‘safe’’ are omitted as surplus.
In subsection (c), the words ‘‘department, agency, and
instrumentality’’ are substituted for ‘‘agency’’ and
‘‘governmental agency’’ for consistency in the revised
title and with other titles of the United States Code.
The text of 49 App.:1505 (2d, 3d sentences) is omitted as
superseded by 49 App.:1903(b), restated in sections 1105,
1110, and 1111 of the revised title. The word ‘‘existing’’
is omitted as surplus.
In subsection (d), the text of 49 App.:1354(e) (last sentence) is omitted because of 49:322(a).
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–71, § 140(c)(1), inserted
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers designated
to be carried out by the Under Secretary or’’ before
‘‘the Administrator of the Federal Aviation Administration’’ and substituted ‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’.
Subsec. (d). Pub. L. 107–71, § 140(c)(2), inserted ‘‘Under
Secretary of Transportation for Security or the’’ after
‘‘The’’ and substituted ‘‘employee of the Transportation Security Administration or Federal Aviation
Administration, as the case may be,’’ for ‘‘employee of
the Administration’’ and ‘‘the Under Secretary or Administrator, as the case may be, decides’’ for ‘‘the Administrator decides’’.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).

Page 765

§ 40114

TITLE 49—TRANSPORTATION

1994—Subsec. (e). Pub. L. 103–305 added subsec. (e).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
ADMINISTRATIVE SERVICES FRANCHISE FUND
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957,
provided in part that: ‘‘There is hereby established in
the Treasury a fund, to be available without fiscal year
limitation, for the costs of capitalizing and operating
such administrative services as the FAA Administrator
determines may be performed more advantageously as
centralized services, including accounting, international training, payroll, travel, duplicating, multimedia and information technology services: Provided,
That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made prior
to the current year for the purpose of providing capital
shall be used to capitalize such fund: Provided further,
That such fund shall be paid in advance from funds
available to the FAA and other Federal agencies for
which such centralized services are performed, at rates
which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of Automated Data Processing (ADP) software and systems (either required or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further,
That an amount not to exceed four percent of the total
annual income to such fund may be retained in the
fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement
and implementation of FAA financial management,
ADP, and support systems: Provided further, That no
later than thirty days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be
transferred to miscellaneous receipts in the Treasury.’’
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
Pub. L. 106–69, title III, § 337, Oct. 9, 1999, 113 Stat.
1022, which provided that none of the funds in Pub. L.
106–69 were to be available for activities under the Aircraft Purchase Loan Guarantee Program during fiscal
year 2000, was from the Department of Transportation
and Related Agencies Appropriations Act, 2000, and was
not repeated in subsequent appropriations acts. Similar
provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, § 101(g) [title I], Oct. 21, 1998,
112 Stat. 2681–439, 2681–446.
Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431.
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957.
Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 442.
Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476.
Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1205.
Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1527.
Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 924.
Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2161.

Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1076.
Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2131.
Pub. L. 100–202, § 101(l) [title I], Dec. 22, 1987, 101 Stat.
1329–358, 1329–363.
Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986,
100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205,
title I], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat.
1267, 1273.
Pub. L. 98–473, title I, § 3101(i) [title I], Oct. 12, 1984, 98
Stat. 1944, 1950.
Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 458.
Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 339.

§ 40114. Reports and records
(a) WRITTEN REPORTS.—(1) Except as provided
in this part, the Secretary of Transportation (or
the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by
the Administrator) shall make a written report
of each proceeding and investigation under this
part in which a formal hearing was held and
shall provide a copy to each party to the proceeding or investigation. The report shall include the decision, conclusions, order, and requirements of the Secretary or Administrator as
appropriate.
(2) The Secretary (or the Administrator with
respect to aviation safety duties and powers designated to be carried out by the Administrator)
shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the
form and way best adapted for public use. A publication of the Secretary or Administrator is
competent evidence of its contents.
(b) PUBLIC RECORDS.—Except as provided in
subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the statistics, tables, and figures
contained in reports made to the Secretary
under subpart II, are public records. The Secretary is the custodian of those records. A public
record, or a copy or extract of it, certified by
the Secretary under the seal of the Department
of Transportation is competent evidence in an
investigation by the Secretary and in a judicial
proceeding.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1110.)
HISTORICAL AND REVISION NOTES
Revised
Section
40114(a)(1) ..

Source (U.S. Code)
49 App.:1324(d) (1st,
2d sentences).
49 App.:1354(b) (1st,
2d sentences).
49 App.:1551(b)(1)(E).

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

40114(a)(2) ..

40114(b) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 204(d), 313(b), 1103, 72
Stat. 743, 753, 797.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, § 3(e), 98 Stat. 1704.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

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

In subsection (a), the word ‘‘Administrator’’ in section 313(b) of the Federal Aviation Act of 1958 (Public