§ 106. Federal Aviation Administration

Pub. L. 118–41, § 103(2), substituted “May 10, 2024” for “March 8, 2024”.

Subsec. (p). Pub. L. 118–63, § 211(2), added subsec. (p) and struck out former subsec. (p) which established the Federal Aviation Management Advisory Council and the Air Traffic Services Committee.

Subsec. (p)(8). Pub. L. 118–63, § 211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r).

Subsec. (r)(1)(A). Pub. L. 118–63, § 212(1)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “There shall be a Chief Operating Officer for the air traffic control 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.”

Subsec. (r)(1)(E). Pub. L. 118–63, § 212(1)(B), substituted “may be appointed for either the remainder of the term or for a full term” for “shall be appointed for the remainder of that term”.

Subsec. (r)(2)(A). Pub. L. 118–63, § 212(2), struck out “, with the approval of the Air Traffic Services Committee” after “Administrator”.

Subsec. (r)(3). Pub. L. 118–63, § 212(3), struck out “, in consultation with the Air Traffic Services Committee,” before “shall enter” and substituted “annual basis and shall include responsibility for—” and subpars. (A) to (C) for “annual basis.”

Subsec. (r)(4). Pub. L. 118–63, § 212(4), substituted “the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator” for “such information as may be prescribed by the Secretary”.

Subsec. (r)(5). Pub. L. 118–63, § 212(5)(A), substituted “Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum” for “Chief Operating Officer, or any other authority within the Administration responsibilities, including” in introductory provisions.

Subsec. (r)(5)(A)(v). Pub. L. 118–63, § 212(5)(B), added cl. (v).

Subsec. (r)(5)(C)(ii). Pub. L. 118–63, § 212(5)(C), struck out “and the Committee” after “Administrator”.

Subsec. (r)(6). Pub. L. 118–63, § 213, which directed the addition of par. (6) at end of subsec. (r), was executed by adding par. (6) after par. (5) to reflect the probable intent of Congress and the intervening redesignation of par. (8) of subsec. (p) as par. (7) of subsec. (r). See below.

Subsec. (r)(7). Pub. L. 118–63, § 211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r).

Subsec. (s)(1)(A). Pub. L. 118–63, § 214(1)(E), added subpar. (A). Former subpar. (A) redesignated (B).

Pub. L. 118–63, § 214(1)(A), substituted “The Chief Technology Officer shall be appointed by the Administrator.” for “There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer.”

Subsec. (s)(1)(B). Pub. L. 118–63, § 214(1)(D), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).

Subsec. (s)(1)(B)(i). Pub. L. 118–63, § 214(1)(B), which directed amendment of subpar. (B) by substituting “management, systems management,” for “management”, was executed in cl. (i) by making the substitution for “management” the first place appearing, to reflect the probable intent of Congress.

Subsec. (s)(1)(C), (D). Pub. L. 118–63, § 214(1)(C), (D), redesignated subpar. (B) as (C) and struck out former subpars. (C) and (D) which read as follows:

“(C) Removal.—The Chief Technology Officer shall serve at the pleasure of the Administrator.

“(D) Restriction.—The Chief Technology Officer may not also be the Deputy Administrator.”

Subsec. (s)(2)(A). Pub. L. 118–63, § 214(2)(A), struck out “program” before “offices”.

Subsec. (s)(2)(F). Pub. L. 118–63, § 214(2)(B), substituted “the Administration, aircraft operators, or other private providers of information and services related to air traffic management” for “aircraft operators”.

Subsec. (s)(3)(A). Pub. L. 118–63, § 214(3)(A), struck out at end “The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title.”

Subsec. (s)(3)(B), (C). Pub. L. 118–63, § 214(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (t)(7). Pub. L. 118–63, § 216(1), (2), added par. (7) and struck out former par. (7) which related to annual reports to Congress by Director of the Office of Whistleblower Protection and Aviation Safety Investigations.

Subsec. (t)(8)(B). Pub. L. 118–63, § 216(3), struck out comma after “management”.

2023—Subsec. (k)(1)(G). Pub. L. 118–34, § 103(1), added subpar. (G) and struck out former subpar. (G) which read as follows: “$2,995,027,322 for the period beginning on October 1, 2023, and ending on December 31, 2023.”

Pub. L. 118–15, § 2203(1), added subpar. (G).

Subsec. (k)(3). Pub. L. 118–34, § 103(2), substituted “March 8, 2024” for “December 31, 2023”.

Pub. L. 118–15, § 2203(2), inserted “and for the period beginning on October 1, 2023, and ending on December 31, 2023” after “fiscal years 2018 through 2023”.

2022—Subsec. (d)(1). Pub. L. 117–328 struck out “, a retired regular officer of an armed force, or a former regular officer of an armed force” after “active duty in an armed force”.

Subsec. (p)(5). Pub. L. 117–286, § 4(a)(302), substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

Subsec. (p)(6)(I)(i). Pub. L. 117–286, § 4(c)(46), substituted “section 13103(f) of title 5 for purposes of subchapter I of chapter 131 of such title; except that section 13103(d) of such title” for “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”.

2020—Subsec. (l)(7). Pub. L. 116–260, § 114, added par. (7).

Subsec. (t). Pub. L. 116–260, § 133(a)(1)(B), substituted “Office of Whistleblower Protection and Aviation Safety Investigations” for “Aviation Safety Whistleblower Investigation Office” in heading.

Subsec. (t)(1). Pub. L. 116–260, § 133(a)(1)(A), substituted “the Office of Whistleblower Protection and Aviation Safety Investigations” for “an Aviation Safety Whistleblower Investigation Office”.

Subsec. (t)(2)(E). Pub. L. 116–260, § 133(a)(2)(B), added subpar. (E).

Subsec. (t)(3)(A)(i). Pub. L. 116–260, § 133(a)(2)(A)(i), substituted “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system)” for “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process)”.

Subsec. (t)(3)(A)(iv) to (vi). Pub. L. 116–260, § 133(a)(2)(A)(ii)–(iv), added cls. (iv) to (vi).

Subsec. (t)(7). Pub. L. 116–260, § 133(a)(2)(C)(i), substituted “November 15” for “October 1” in introductory provisions.

Subsec. (t)(7)(A). Pub. L. 116–260, § 133(a)(2)(C)(ii), substituted “paragraph (3)(A)(i) in the preceding fiscal year” for “paragraph (3)(A)(i) in the preceding 12-month period”.

Subsec. (t)(7)(C). Pub. L. 116–260, § 133(a)(3)(A), inserted “the resolution of those submissions, including any” before “further” and struck out “and” at end.

Subsec. (t)(7)(E). Pub. L. 116–260, § 133(a)(3)(B), (C), added subpar. (E).

Subsec. (t)(8). Pub. L. 116–260, § 133(b), added par. (8).

2018—Subsec. (g). Pub. L. 115–254, § 1991(a), amended subsec. (g) generally. Prior to amendment, text read as follows:

“(1) Except as provided in paragraph (2) of this 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 of this title.”

Subsec. (k)(1)(A)–(E). Pub. L. 115–254, § 113(a), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:

“(A) $9,653,000,000 for fiscal year 2012;

“(B) $9,539,000,000 for fiscal year 2013;

“(C) $9,596,000,000 for fiscal year 2014;

“(D) $9,653,000,000 for fiscal year 2015;

“(E) $9,909,724,000 for each of fiscal years 2016 and 2017; and”.

Subsec. (k)(1)(F). Pub. L. 115–254, § 113(a), added subpar. (F) and struck out former subpar. (F) which read as follows: “$10,025,852,000 for fiscal year 2018.”

Pub. L. 115–141, § 103(1), added subpar. (F) and struck out former subpar. (F) which read as follows: “$4,999,191,956 for the period beginning on October 1, 2017, and ending on March 31, 2018.”

Subsec. (k)(2)(D). Pub. L. 115–254, § 113(b), added subpar. (D).

Subsec. (k)(3). Pub. L. 115–254, § 113(c), substituted “fiscal years 2018 through 2023,” for “fiscal years 2012 through 2018,”.

Pub. L. 115–141, § 103(2), substituted “2018” for “2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018”.

Subsec. (p)(5). Pub. L. 115–254, § 564, substituted “Committee,” for “Committee, or” and “, or such aerospace rulemaking committees as the Secretary shall designate.” for period at end.

Subsec. (s). Pub. L. 115–254, § 545(a), amended subsec. (s) generally. Prior to amendment, subsec. (s) related to Chief NextGen Officer.

2017—Subsec. (k)(1)(F). Pub. L. 115–63, § 103(1), added subpar. (F).

Subsec. (k)(3). Pub. L. 115–63, § 103(2), inserted “and for the period beginning on October 1, 2017, and ending on March 31, 2018” after “fiscal years 2012 through 2017”.

2016—Subsec. (k)(1)(E). Pub. L. 114–190, § 1103(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “$7,711,387,500 for the period beginning on October 1, 2015, and ending on July 15, 2016.”

Pub. L. 114–141, § 103(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “$4,870,350,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.”

Subsec. (k)(3). Pub. L. 114–190, § 1103(2), substituted “fiscal years 2012 through 2017,” for “fiscal years 2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016,”.

Pub. L. 114–141, § 103(2), substituted “July 15, 2016” for “March 31, 2016”.

2015—Subsec. (k)(1)(E). Pub. L. 114–55, § 103(1), added subpar. (E).

Subsec. (k)(3). Pub. L. 114–55, § 103(2), inserted “and for the period beginning on October 1, 2015, and ending on March 31, 2016” after “fiscal years 2012 through 2015”.

2014—Subsec. (p)(7)(H), (I). Pub. L. 113–188 redesignated subpar. (I) as (H) and struck out former subsec. (H) which related to reports and other actions by the Air Traffic Services Committee, Administrator, and Comptroller General.

2012—Subsec. (b). Pub. L. 112–166, § 2(k)(2)(A), 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: “$5,454,183,000 for the 7-month period beginning on October 1, 2009.”

Pub. L. 111–153 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$4,676,574,750 for the 6-month period beginning on October 1, 2009.”

2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted “$9,042,467,000 for fiscal year 2009” for “$4,516,364,500 for the 6-month period beginning on October 1, 2008”.

Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$2,338,287,375 for the 3-month period beginning on October 1, 2009.”

Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F).

2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar. (E).

2003—Subsec. (d)(2) to (4). Pub. L. 108–176, § 204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (f)(2)(A)(ii). Pub. L. 108–176, § 224(c), inserted “, services,” after “property”.

Subsec. (k)(1). Pub. L. 108–176, § 103(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1) In general.—There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration—

“(A) such sums as may be necessary for fiscal year 2000;

“(B) $6,592,235,000 for fiscal year 2001;

“(C) $6,886,000,000 for fiscal year 2002; and

“(D) $7,357,000,000 for fiscal year 2003.

Such sums shall remain available until expended.”

Subsec. (k)(2). Pub. L. 108–176, § 103(b), redesignated subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. (A) to (C), substituted “fiscal years 2004 through 2007” for “fiscal years 2000 through 2003”, added subpars. (D) to (G), struck out former subpars. (A) and (B), which related to expenditures for wildlife measures and a university consortium for an air safety and security management certificate program, and struck out former subpars. (F) to (I), which related to expenditures for the 1998 airport surface operations safety action plan, United States membership obligations in the International Civil Aviation Organization, additional inspectors to enhance air cargo security programs, and improved training programs for airport security screening personnel.

Subsec. (p). Pub. L. 108–176, § 201(1), inserted “and Air Traffic Services Board” after “Council” in heading.

Subsec. (p)(2). Pub. L. 108–176, § 201(2)(A), substituted “consist of 13 members, who” for “consist of 18 members, who” in introductory provisions.

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

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

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

“(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and

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

Subsec. (p)(2)(E). Pub. L. 108–176, § 201(2)(D), struck out subpar. (E) which read as follows: “5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

Subsec. (p)(3). Pub. L. 108–176, § 202(1), added par. (3) and struck out former par. (3) which related to qualifications for serving on the Council.

Subsec. (p)(4)(C). Pub. L. 108–176, § 202(2), inserted “or Air Traffic Services Committee” after “Council” in two places.

Subsec. (p)(5). Pub. L. 108–176, § 202(3), inserted “, the Air Traffic Services Committee,” after “Council”.

Subsec. (p)(6)(C). Pub. L. 108–176, § 202(4), in heading substituted “committee” for “subcommittee” and in text substituted “members appointed” for “member appointed”, “to the Air Traffic Services Committee shall” for “under paragraph (2)(E) shall”, and “the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).” for “of the members first appointed under paragraph (2)(E)—

“(i) 2 members shall be appointed for a term of 3 years;

“(ii) 2 members shall be appointed for a term of 4 years; and

“(iii) 1 member shall be appointed for a term of 5 years.”

Subsec. (p)(6)(D). Pub. L. 108–176, § 202(5), substituted “to the Committee” for “under paragraph (2)(E)”.

Subsec. (p)(6)(E). Pub. L. 108–176, § 202(6), inserted “or Committee” after “Council”.

Subsec. (p)(6)(F). Pub. L. 108–176, § 202(7), inserted “of the Council or Committee” after “member”.

Subsec. (p)(6)(G). Pub. L. 108–176, § 202(8), in second sentence substituted “Committee” for “Council” and struck out “appointed under paragraph (2)(E)” before “may be removed”.

Subsec. (p)(6)(H). Pub. L. 108–176, § 202(9)(A), substituted “committee” for “subcommittee” in heading.

Subsec. (p)(6)(H)(i). Pub. L. 108–176, § 202(9)(B), (C), substituted “to the Committee” for “under paragraph (2)(E)” and “of the Committee” for “of the Air Traffic Services Subcommittee”.

Subsec. (p)(6)(I)(i). Pub. L. 108–176, § 202(10), substituted “is serving as” for “appointed under paragraph (2)(E) is” and “Committee” for “Subcommittee”.

Subsec. (p)(6)(I)(ii). Pub. L. 108–176, § 202(11), substituted “who is a member of the Committee” for “appointed under paragraph (2)(E)” and “Committee;” for “Subcommittee;”.

Subsec. (p)(6)(K). Pub. L. 108–176, § 202(12), inserted “or Committee” after “Council”.

Subsec. (p)(6)(L). Pub. L. 108–176, § 202(13), inserted “or Committee” after “Council” in two places.

Subsec. (p)(7). Pub. L. 108–176, § 202(14)(A), substituted “committee” for “subcommittee” in heading.

Subsec. (p)(7)(A). Pub. L. 108–176, § 202(14)(B), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “The Management Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed under paragraph (2)(E).”

Subsec. (p)(7)(B), (C). Pub. L. 108–176, § 202(14)(D), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively.

Subsec. (p)(7)(D). Pub. L. 108–176, § 202(14)(E), substituted “Committee” for “Subcommittee” in two places.

Pub. L. 108–176, § 202(14)(C), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).

Subsec. (p)(7)(E). Pub. L. 108–176, § 202(14)(I), struck out concluding provisions which read as follows: “The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President’s annual budget request for the Federal Aviation Administration for such fiscal year.”

Pub. L. 108–176, § 202(14)(E), substituted “Committee” for “Subcommittee” in introductory provisions.

Pub. L. 108–176, § 202(14)(C), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G).

Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, § 202(14)(F), substituted “make recommendations on” for “approve”.

Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, § 202(14)(G), substituted “recommendations” for “request”.

Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, § 202(14)(H), substituted “base such budget recommendations on” for “ensure that the budget request supports”.

Subsec. (p)(7)(F). Pub. L. 108–176, § 202(14)(J), added subpar. (F) and struck out heading and text of former subpar. (F). Text read as follows:

“(i) Compensation of members.—Each member of the Subcommittee shall be compensated at a rate of $25,000 per year.

“(ii) Compensation of chairperson.—Notwithstanding clause (i), the chairperson of the Subcommittee shall be compensated at a rate of $40,000 per year.

“(iii) Staff.—The chairperson of the Subcommittee may appoint and terminate any personnel that may be necessary to enable the Subcommittee to perform its duties.

“(iv) Procurement of temporary and intermittent services.—The chairperson of the Subcommittee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.”

Pub. L. 108–176, § 202(14)(C), redesignated subpar (D) as (F). Former subpar. (F) redesignated (H).

Subsec. (p)(7)(G). Pub. L. 108–176, § 202(14)(K), substituted “Committee” for “Subcommittee” wherever appearing, redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “Term of chair.—The members of the Subcommittee shall elect for a 2-year term a chairperson from among the members of the Subcommittee.”

Pub. L. 108–176, § 202(14)(C), redesignated subpar. (E) as (G).

Subsec. (p)(7)(H). Pub. L. 108–176, § 202(14)(C), redesignated subpar. (F) as (H).

Subsec. (p)(7)(H)(i). Pub. L. 108–176, § 202(14)(L)(i), (ii), substituted “Committee shall” for “Subcommittee shall” and “Secretary” for “Administrator, the Council”.

Subsec. (p)(7)(H)(ii). Pub. L. 108–176, § 202(14)(L), substituted “Committee under” for “Subcommittee under”, “subparagraph (D)(i)” for “subparagraph (B)(i)”, “Committee shall” for “Subcommittee shall”, and “Secretary” for “Administrator, the Council”.

Subsec. (p)(7)(H)(iii), (iv). Pub. L. 108–176, § 202(14)(L)(i), in cl. (iii) substituted “Committee under” for “Subcommittee under” and “Committee, the” for “Subcommittee, the” and in cl. (iv) substituted “Committee in” for “Subcommittee in”.

Subsec. (p)(7)(I). Pub. L. 108–176, § 202(14)(M), added subpar. (I).

Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, § 203(1), substituted “Air Traffic Services Committee” for “Air Traffic Services Subcommittee of the Aviation Management Advisory Council”.

Subsec. (r)(2)(B). Pub. L. 108–176, § 203(2), inserted “in” before “paragraph (3)”.

Subsec. (r)(3). Pub. L. 108–176, § 203(3), substituted “Air Traffic Services Committee” for “Air Traffic Control Subcommittee of the Aviation Management Advisory Committee”.

Subsec. (r)(4). Pub. L. 108–176, § 203(4), substituted “Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” for “Transportation and Congress”.

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

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

Subsec. (r)(5)(B)(iv). Pub. L. 108–176, § 203(6)(B)–(D), added cl. (iv).

Subsec. (r)(5)(C)(i). Pub. L. 108–176, § 203(7), struck out “prepared by the Administrator” after “air traffic control system”.

Subsec. (r)(5)(C)(ii). Pub. L. 108–176, § 203(8), substituted “and the Committee” for “and the Secretary of Transportation”.

Subsec. (r)(5)(C)(iii). Pub. L. 108–176, § 203(9), inserted “agency’s” before “annual” and substituted “for air traffic control services” for “developed under subparagraph (A) of this subsection”.

2001—Subsec. (m). Pub. L. 107–71, § 101(d), substituted “supplies, personnel, services, and” for “supplies and” in last sentence.

Subsec. (r)(2)(A). Pub. L. 107–71, § 101(c)(3), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title.”

2000—Subsec. (f)(3)(A). Pub. L. 106–181, § 306, inserted at end “On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.”

Subsec. (f)(3)(B)(i). Pub. L. 106–181, § 305(1), (2), in introductory provisions, substituted “$250,000,000” for “$100,000,000” and “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” for “Air Traffic Management System Performance Improvement Act of 1996”.

Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, § 305(1), (3), substituted “$250,000,000” for “$100,000,000” and inserted “substantial and” before “material” and “or” after semicolon at end.

Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, § 305(4), added subcl. (II) and struck out former subcls. (II) to (IV) which read as follows:

“(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

“(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

“(IV) raise novel legal or policy issues arising out of legal mandates.”

Subsec. (g)(1)(A). Pub. L. 106–181, § 701, substituted “40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections” for “40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a) and (b), chapter 451, sections 45302–45304,”.

Subsec. (k). Pub. L. 106–181, § 103(a), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal year 1999.”

Subsec. (l)(1). Pub. L. 106–181, § 307(c)(1), substituted “subsections (a) and (g) of section 40122” for “section 40122(a) of this title and section 347 of Public Law 104–50”.

Subsec. (p)(2). Pub. L. 106–528, which directed the substitution of “18” for “15” in section 106(p)(2), without specifying the Code title to be amended, was executed by making the substitution in the introductory provisions of subsec. (p)(2) of this section, to reflect the probable intent of Congress.

Subsec. (p)(2)(C) to (E). Pub. L. 106–181, § 302(a)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: “13 members representing aviation interests, appointed by the President by and with the advice and consent of the Senate.”

Subsec. (p)(3). Pub. L. 106–181, § 302(a)(2), designated existing provisions as subpar. (A), inserted subpar. heading, realigned margins, inserted “or (2)(E)” after “paragraph (2)(C)”, and added subpars. (B) and (C).

Subsec. (p)(6). Pub. L. 106–181, § 302(b), added subpars. (A) to (I), redesignated former subpars. (B) to (D) as (J) to (L), respectively, and struck out former subpar. (A) which related to terms of members appointed to the Advisory Council.

Subsec. (p)(7), (8). Pub. L. 106–181, § 302(c), added pars. (7) and (8).

Subsec. (r). Pub. L. 106–181, § 303, added subsec. (r).

1999—Subsec. (k). Pub. L. 106–6 substituted “$5,632,000,000 for fiscal year 1999.” for “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.”

1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L. 104–264, § 276(c). See 1996 Amendment note below.

1996—Subsec. (b). Pub. L. 104–287 substituted “August 23, 1994,” for “the date of the enactment of this sentence”.

Pub. L. 104–264, § 223(a)(1), substituted “Except as provided in subsection (f) or in other provisions of law, the Administrator” for “The Administrator”.

Subsec. (f). Pub. L. 104–264, § 223(a)(2), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, realigned margins, substituted “Neither the Secretary nor the Administrator may” for “The Secretary may not” and “or be bound” for “nor be bound”, and added pars. (2) and (3).

Subsec. (f)(3). Pub. L. 104–264, § 224(2), added par. (3). Former par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 104–264, § 224(1), redesignated par. (3) as (4).

Subsec. (g)(1)(A). Pub. L. 104–264, § 276(c), as added by Pub. L. 105–102, substituted “45302–45304” for “45302, 45303”.

Subsec. (k). Pub. L. 104–264, § 103(a), substituted “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.” for “$4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.”

Subsec. (l). Pub. L. 104–264, § 225, added subsec. (l).

Subsec. (l)(6). Pub. L. 104–264, § 226, added par. (6).

Subsec. (m). Pub. L. 104–264, § 227, added subsec. (m).

Subsec. (n). Pub. L. 104–264, § 228, added subsec. (n).

Subsec. (o). Pub. L. 104–264, § 229, added subsec. (o).

Subsec. (p). Pub. L. 104–264, § 230, added subsec. (p).

Subsec. (q). Pub. L. 104–264, § 1210, added subsec. (q).

1994—Subsec. (b). Pub. L. 103–305, § 201, inserted at end “The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.”

Subsec. (f). Pub. L. 103–272, § 4(j)(3)(A), substituted “Secretary of Transportation shall” for “Secretary shall”.

Subsec. (g). Pub. L. 103–272, § 4(j)(3)(B), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Administrator shall carry out—

“(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and

“(2) additional duties and powers prescribed by the Secretary.”

Subsec. (h). Pub. L. 103–272, § 5(m)(4)(A), substituted “Section 40101(d) of this title” for “Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)”.

Subsec. (j). Pub. L. 103–272, § 5(m)(4)(B), substituted “section 44507 of this title” for “section 312(e) of the Federal Aviation Act of 1958”.

Subsec. (k). Pub. L. 103–305, § 103, substituted “, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996” for “, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.

Pub. L. 103–272, § 4(j)(3)(C), inserted “to the Secretary of Transportation” after “appropriated”.

1992—Subsec. (k). Pub. L. 102–581 substituted “1991,” for “1991 and” and inserted before period at end “, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.

1990—Subsec. (g)(1). Pub. L. 101–604 inserted “315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),” after “312–314,”.

Subsec. (k). Pub. L. 101–508 added subsec. (k).

1988—Subsec. (j). Pub. L. 100–591 added subsec. (j).

1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2003 Amendment

Pub. L. 108–176, § 3, Dec. 12, 2003, 117 Stat. 2493, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 2003.”

Effective Date of 2000 Amendments

Pub. L. 106–528, § 9, Nov. 22, 2000, 114 Stat. 2523, provided that: “Except as otherwise expressly provided, this Act [amending this section and sections 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 40101, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Nov. 22, 2000].”

Pub. L. 106–181, § 3, Apr. 5, 2000, 114 Stat. 64, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999.”

Pub. L. 106–181, title III, § 302(d), Apr. 5, 2000, 114 Stat. 121, provided that: “(1) In general.—The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Apr. 5, 2000]. “(2) Initial nominations to air traffic services subcommittee.—The Secretary [of Transportation] shall make the initial appointments of the Air Traffic Services Subcommittee of the Aviation Management Advisory Council not later than 3 months after the date of the enactment of this Act. “(3) Effect on actions prior to appointment of subcommittee.—Nothing in this section shall be construed to invalidate the actions and authority of the Federal Aviation Administration prior to the appointment of the members of the Air Traffic Services Subcommittee.”

Effective Date of 1997 Amendment

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

Pub. L. 105–102, § 3(f), Nov. 20, 1997, 111 Stat. 2216, provided that: “The amendments made by subsections (a) through (d) of this section [amending this section and sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and 47128 of this title, renumbering section 40121 of this title as 40124 of this title, and amending provisions set out as notes under sections 5303 and 47117 of this title] shall take effect as if included in the provisions of the Acts to which the amendments relate.”

Effective Date of 1996 Amendment

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.

Construction

Pub. L. 118–63, title II, § 204(c), May 16, 2024, 138 Stat. 1041, provided that: “Nothing in this section [amending this section] or the amendments made by this section shall be construed to restrict any authority vested in the Administrator [of the Federal Aviation Administration] by statute or by delegation that was in effect on the day before the date of the enactment of this Act [May 16, 2024].”

Airspace Modernization Office

Pub. L. 118–63, title II, § 207, May 16, 2024, 138 Stat. 1046, provided that: “(a) Establishment.—“(1) In general.—On January 1, 2026, the Administrator [of the Federal Aviation Administration] shall establish within the FAA [Federal Aviation Administration] an Airspace Modernization Office (in this section referred to as the ‘Office’). “(2) Placement.—The Administrator may task an existing office of the FAA with the functions of the Office. “(3) Duties.—The Office shall be responsible for—“(A) the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system; “(B) the development of an information-centric national airspace system, including digitization of the processes and technology that supports such system; “(C) improving the interoperability of FAA systems and third-party systems that support safe operations in the national airspace system; and “(D) developing and periodically updating an integrated plan for the future state of the national airspace system in coordination with other offices of the FAA. “(b) Integrated Plan Requirements.—The integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users. The integrated plan shall include the following:“(1) A description of the demand for services that will be required of the future air transportation system, and an explanation of how the demand projections were derived, including—“(A) the most likely range of average annual resources required over the duration of the plan to cost effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the mission of the FAA; and “(B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users. “(2) A roadmap for creating and implementing the integrated plan, including—“(A) the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and nonprofit organizations in carrying out such activities; “(B) the annual anticipated cost of carrying out such activities; “(C) the technical milestones that will be used to evaluate the activities; and “(D) identifying technology gaps that the Administrator or industry may need to address to fully implement the integrated plan. “(3) A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system. “(4) A description of the management of the enterprise architecture framework for the introduction of any operational improvements and to inform FAA financial decision-making. “(5) A justification for the operational improvements that the Office determines will need to be developed and deployed by 2040 to meet the needs of national airspace users, including the benefits, costs, and risks of the preferred and alternative options. “(c) Considerations.—In developing an initial integrated plan required under subsection (b) and carrying out such plan, the Office shall consider—“(1) the results and recommendations of the independent report on implementation of the NextGen [Next Generation Air Transportation System] program under section 603 [138 Stat. 1222, not classified to the Code]; “(2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and “(3) the findings of the audit required by section 622 [49 U.S.C. 44505 note], and the resulting plan to replace or enhance the identified legacy systems within a reasonable timeframe. “(d) Consultation.—In developing and carrying out the integrated plan, the Office shall consult with the NextGen Advisory Committee of the FAA. “(e) Plan Deadline; Briefings.—“(1) Plan deadline.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Appropriations of the House of Representatives an initial integrated plan required under subsection (a)(3)(D). “(2) Annual briefings.—The Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required under subsection (a)(3)(D), including any changes to the plan, through 2028. “(f) DOT Inspector General Review.—Not later than 180 days after submission of the initial integrated plan under subsection (e)(1), the inspector general of the Department of Transportation shall begin a review of the integrated plan and submit to the committees of Congress specified in subsection (e)(1) a report that—“(1) assesses the justification for the integrated plan; “(2) provides any recommendations for improving the integrated plan; and “(3) includes any other information that the inspector general determines appropriate.”

FAA Telework

Pub. L. 118–63, title II, § 221, May 16, 2024, 138 Stat. 1058, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration]—“(1) may establish telework policies for employees of the FAA [Federal Aviation Administration] that allow for the Administrator to reduce the office footprint and associated expenses of the FAA, if appropriate, increase workforce retention, and provide flexibilities that the Administrator demonstrates increases efficiency and effectiveness of the Administration, while requiring that any such policy—“(A) does not adversely impact the mission of the FAA; “(B) does not reduce the safety or efficiency of the national airspace system; “(C) for any employee that is designated as an officer or executive in the FAA Executive System or a political appointee (as such term is defined in section 106 of title 49, United States Code)—“(i) maximizes time at a duty station for such employee, excluding official travel; and “(ii) may include telework provisions as determined appropriate by the Administrator, commensurate with official duties for such employee; “(D) provides for on-the-job training opportunities for FAA personnel that are not less than such opportunities available in 2019; “(E) reflects the appropriate work status of employees based on the job functions of such employee; “(F) optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions to ensure timely completion of safety oversight activities; “(G) provides for personnel, including such personnel performing work related to aircraft certification and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be—“(i) routinely available on a predictable basis for in-person and virtual communications with external persons; and “(ii) not hindered from meeting with, visiting, auditing, or inspecting facilities or projects of regulated persons due to any telework policy; and “(H) provides opportunities for in-person dialogue, collaboration, and ideation for all employees; “(2) ensures that locality pay for an employee of the FAA accurately reflects the telework status and duty station of such employee; “(3) may not establish a telework policy for an employee of the FAA unless such employee will be provided with secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and Federal records, and equipment sufficient to enable such employee to be fully productive; and “(4) not later than 2 years after the date of enactment of this Act [May 16, 2024], shall evaluate and address any telework policies in effect on the day before such date of enactment to ensure that such policies meet the requirements of paragraph (1). “(b) Congressional Update.—Not later than 1 year after the date of enactment of this Act, and 1 year thereafter, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on any telework policies currently in place, the implementation of such policies, and the benefits of such policies. “(c) Consultation.—If the Administrator determines that telework agreements need to be updated to implement the requirements of subsection (a), the Administrator shall, prior to updating such agreements, consult with—“(1) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and “(2) labor organizations certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors and engineers of the FAA.”

FAA Participation in Industry Standards Organizations

Pub. L. 118–63, title II, § 224, May 16, 2024, 138 Stat. 1061, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall encourage the participation of employees of the FAA [Federal Aviation Administration], as appropriate, in the activities of recognized industry standards organizations to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations by the Administrator. “(b) Participation.—An employee of the FAA directed by the Administrator to participate in a working group, task group, committee, or similar body of a recognized industry standards organization shall—“(1) actively participate in the discussions and work of such organization; “(2) accurately represent the position of the Administrator on the subject matter of such discussions and work; “(3) contribute to the development of work products of such organization, unless determined to be inappropriate by such organization; “(4) make reasonable efforts to identify and make any concerns of the Administrator relating to such work products known to such organization, including through providing formal comments, as may be allowed for under the procedures of such organization; “(5) provide regular updates to other FAA employees and management on the progress of such work products; and “(6) seek advice and input from other FAA employees and management, as needed. “(c) Recognized Industry Standards Organization Defined.—In this section, the term ‘recognized industry standards organization’ means a domestic or international organization that—“(1) uses agreed upon procedures to develop aviation-related industry standards or means of compliance, including standards or means of compliance that satisfy FAA requirements or guidance; “(2) is comprised of members of the public, including subject matter experts, industry representatives, academics and researchers, and government employees; and “(3) has had at least 1 standard or means of compliance accepted by the Administrator or referenced in guidance material or a regulation issued by the FAA after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) [Dec. 12, 2003].”

Required Designation

Pub. L. 118–63, title II, § 226, May 16, 2024, 138 Stat. 1062, provided that: “The Administrator [of the Federal Aviation Administration] shall designate any aviation rulemaking committee convened under this Act [see Tables for classification] pursuant to section 106(p)(5) of title 49, United States Code.”

FAA Engagement and Collaboration With HBCUs and MSIs

Pub. L. 118–63, title IV, § 404, May 16, 2024, 138 Stat. 1152, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration]—“(1) shall continue—“(A) to partner with and conduct outreach to Historically Black Colleges and Universities and minority serving institutions to promote awareness of educational and career opportunities, including the Educational Partnership Initiative of the FAA [Federal Aviation Administration], and develop curriculum related to aerospace, aviation, and air traffic control; and “(B) operation of the Minority Serving Institutions Internship Program; and “(2) may—“(A) make internship placements under the Minority Serving Institutions Internship Program available during academic sessions throughout the year; and “(B) extend an internship placement under the Minority Serving Institutions Internship Program for a student beyond a single academic session. “(b) Program Data.—In carrying out the Minority Serving Institutions Internship Program, the Administrator shall track data, including annual metrics measuring the following with respect to such Program:“(1) The total number of applicants. “(2) The total number of applicants offered an internship and the total number of applicants who accept an internship. “(3) The line of business in which each intern is placed. “(4) The conversion rate of interns in the Program who are hired as full-time FAA employees. “(c) Minority Serving Institution Defined.—In this section, the term ‘minority serving institution’ means an institution described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).”

Prohibition on Mandates

Pub. L. 118–63, title XI, § 1106, May 16, 2024, 138 Stat. 1417, provided that: “(a) Prohibition on Mandates.—The Administrator [of the Federal Aviation Administration] may not require any contractor to mandate that employees of such contractor obtain a COVID–19 vaccine or enforce any condition regarding the COVID–19 vaccination status of employees of a contractor. “(b) Prohibition on Implementation.—The Administrator may not implement or enforce any requirement that—“(1) employees of air carriers be vaccinated against COVID–19; “(2) employees of the FAA [Federal Aviation Administration] be vaccinated against COVID–19; or “(3) passengers of air carriers be vaccinated against COVID–19 or wear a mask as a result of a COVID–19 related public health measure.”

Emergency FAA Employee Leave Fund

Pub. L. 117–2, title VII, § 7103, Mar. 11, 2021, 135 Stat. 98, provided that: “(a) Establishment; Appropriation.—There is established in the Federal Aviation Administration the Emergency FAA Employee Leave Fund (in this section referred to as the ‘Fund’), to be administered by the Administrator of the Federal Aviation Administration, for the purposes set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $9,000,000, which shall be deposited into the Fund and remain available through September 30, 2022. “(b) Purpose.—Amounts in the Fund shall be available to the Administrator for the use of paid leave under this section by any employee of the Administration who is unable to work because the employee—“(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19; “(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19; “(3) is caring for an individual who is subject to such an order or has been so advised; “(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis; “(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions; “(6) is experiencing any other substantially similar condition; “(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or “(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization. “(c) Limitations.—“(1) Period of availability.—Paid leave under this section may only be provided to and used by an employee of the Administration during the period beginning on the date of enactment of this section [Mar. 11, 2021] and ending on September 30, 2021. “(2) Total hours; amount.—Paid leave under this section—“(A) shall be provided to an employee of the Administration in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement; “(B) shall be paid at the same hourly rate as other leave payments; and “(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee. “(3) Relationship to other leave.—Paid leave under this section—“(A) is in addition to any other leave provided to an employee of the Administration; and “(B) may not be used by an employee of the Administration concurrently with any other paid leave. “(4) Calculation of retirement benefit.—Any paid leave provided to an employee of the Administration under this section shall reduce the total service used to calculate any Federal civilian retirement benefit.”

Regional Ombudsmen

Pub. L. 115–254, div. B, title I, § 180, Oct. 5, 2018, 132 Stat. 3230, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], with respect to each region of the Federal Aviation Administration, the Regional Administrator for that region shall designate an individual to be the Regional Ombudsman for the region. “(b) Requirements.—Each Regional Ombudsman shall—“(1) serve as a regional liaison with the public, including community groups, on issues regarding aircraft noise, pollution, and safety; “(2) make recommendations to the Administrator for the region to address concerns raised by the public and improve the consideration of public comments in decision-making processes; and “(3) be consulted on proposed changes in aircraft operations affecting the region, including arrival and departure routes, in order to minimize environmental impacts, including noise.”

Federal Aviation Administration Performance Measures and Targets

Pub. L. 115–254, div. B, title V, § 558, Oct. 5, 2018, 132 Stat. 3383, provided that: “(a) Performance Measures.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish performance measures relating to the management of the [Federal Aviation] Administration, which shall, at a minimum, include measures to assess—“(1) the timely and cost-effective completion of projects; and “(2) the effectiveness of the Administration in achieving the goals described in section 47171 of title 49, United States Code. “(b) Performance Targets.—Not later than 180 days after the date on which the Secretary establishes performance measures in accordance with subsection (a), the Secretary shall establish performance targets relating to each of the measures described in that subsection. “(c) Report.—Not later than 2 years after the date of enactment of this Act, the inspector general of the Department of Transportation shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report describing the progress of the Secretary in meeting the performance targets established under subsection (b).”

Assistant Administrator for Research and Development

Pub. L. 115–254, div. B, title VII, § 711, Oct. 5, 2018, 132 Stat. 3410, provided that: “(a) Appointment.—Not later than 3 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall appoint an Assistant Administrator for Research and Development. “(b) Responsibilities.—The Assistant Administrator for Research and Development shall, at a minimum, be responsible for—“(1) management and oversight of all the FAA’s [Federal Aviation Administration’s] research and development programs and activities; and “(2) production of all congressional reports from the FAA relevant to research and development, including the national aviation research plan required under section 44501(c) of title 49, United States Code. “(c) Dual Appointment.—The Assistant Administrator for Research and Development may be a dual-appointment, holding the responsibilities of another Assistant Administrator.”

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