§ 106. Federal Aviation Administration

§ 106. Federal Aviation Administration

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

(b) Administration Leadership.—

(1) Administrator.—

(A) In general.— 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.

(B) Qualifications.— The Administrator shall—

(i) be a citizen of the United States;

(ii) not be an active duty member of the Armed Forces;

(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and

(iv) have experience in organizational management and a field directly related to aviation.

(C) Fitness.— In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.

(D) Term of office.— The term of office for any individual appointed as Administrator shall be 5 years.

(E) Reporting chain.— Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.

(2) Deputy administrator.—

(A) In general.— The Administrator has a Deputy Administrator, who shall be appointed by the President.

(B) Qualifications.— The Deputy Administrator shall—

(i) be a citizen of the United States; and

(ii) have experience in organizational management and a field directly related to aviation.

(C) Fitness.— In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the office of Administrator is vacant.

(D) Reporting chain.— The Deputy Administrator reports directly to the Administrator.

(E) Duties.— The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(F) Compensation.—

(i) Annual rate of basic pay.— 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.

(ii) Exception.— A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive—

(I) the pay provided for the Deputy Administrator under clause (i); or

(II) the pay and allowances or the retired pay of the military grade held.

(iii) Reimbursement of expenses.— If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.

(3) Leadership of the administration defined.— In this section, the term “leadership of the Administration” means—

(A) the Administrator under paragraph (1); and

(B) the Deputy Administrator under paragraph (2).

(c) Assistant Administrator for Rulemaking and Regulatory Improvement.— There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall—

(1) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—

(A) prioritizing rulemaking projects that are necessary to improve safety;

(B) establishing the regulatory agenda of the Administration; and

(C) coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law;

(2) not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;

(3) on an ongoing basis, review the regulations of the Administration in effect to—

(A) improve safety;

(B) reduce undue regulatory burden;

(C) replace prescriptive regulations with performance-based regulations, as appropriate;

(D) prevent duplicative regulations; and

(E) increase regulatory clarity and transparency whenever possible;

(4) make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii);

(5) receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition—

(A) acknowledging receipt of such petition;

(B) confirming completeness of such petition;

(C) providing an initial indication of the complexity of the request and how such complexity may impact the timeline for adjudication; and

(D) requesting any additional information, as appropriate, that would assist in the consideration of the petition;

(6) track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the interest of the public to amend a rule to reduce the future need of waivers and exemptions; and

(7) promulgate regulatory updates as determined more efficient or in the best interest of the public under paragraph (6).

(d) [Reserved].

(e) Prohibition on Conflicting Pecuniary Interests.—

(1) In general.— The leadership of the Administration may not have a pecuniary interest in, or hold a financial interest in, an aeronautical enterprise or engage in another business, vocation, or employment.

(2) Teaching.— Notwithstanding paragraph (1), the Deputy Administrator may not receive compensation for teaching without prior approval of the Administrator.

(3) Financial interest defined.— In this subsection, the term “financial interest”—

(A) means—

(i) any current or contingent ownership, equity, or security interest;

(ii) any indebtedness or compensated employment relationship; or

(iii) any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and

(B) does not include securities held in an index fund.

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

(1) Authority of the secretary.— Except as provided in paragraphs (2) and (3), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, 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, council, or organization that is—

(A) established by executive order; or

(B) not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator.

(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, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;

(iii) except as otherwise provided in paragraph (4), 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 civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;

(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and

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

(3) Duties and powers of the administrator.—

(A) In general.— The Administrator shall carry out—

(i) the duties and powers of the Secretary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous material) and stated in—

(I) subsections (c) and (d) of section 1132;

(II) sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;

(III) chapter 443;

(IV) chapter 445, except sections 44502(a)(3), 44503, and 44509;

(V) chapter 447, except sections 44721(b) and 44723;

(VI) chapter 448;

(VII) chapter 451;

(VIII) chapter 453;

(IX) section 46104;

(X) subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;

(XI) chapter 465;

(XII) chapter 471;

(XIII) chapter 475; and

(XIV) chapter 509 of title 51; and

(ii) such additional duties and powers as may be prescribed by the Secretary.

(B) Applicability.— Section 40101(d) applies to the duties and powers specified in subparagraph (A).

(C) Transfer.— Any of the duties and powers specified in subparagraph (A) may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5.

(D) Administrative finality.— A decision of the Administrator in carrying out the duties or powers specified in subparagraph (A) is administratively final.

(4) Regulations.—

(A) In general.—

(i) Issuance of regulations.— 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.

(ii) Petitions for rulemaking.— 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.

(iii) Rulemaking timeline.— 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.

(iv) Reporting requirement.— 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) In general.— The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, a proposed regulation or final regulation that—

(I) 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 enactment of the FAA Reauthorization Act of 2024) in any year; or

(II) is significant.

(ii) Significant regulations.— For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation—

(I) will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024);

(II) raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or

(III) adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or community.

(iii) Emergency regulation.—

(I) In general.— In an emergency as determined by the Administrator, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary.

(II) Objection.— If the Secretary objects to a regulation issued under subclause (II) 11 So in original. Probably should be “subclause (I)”. in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after the issuance, the Administrator shall immediately rescind such regulation.

(iv) Other regulations.— The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation—

(I) does not require the approval of the Secretary under clause (i) (excluding a regulation issued under clause (iii)); or

(II) is a routine or frequent action or a procedural action.

(v) Timeline.— The Administrator shall submit a copy of any proposed or final regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments not later than 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator not later than 30 days after receiving such regulation, the regulation shall be deemed to have been approved by the Secretary.

(C) Periodic review.—

(i) In general.— For any significant regulation issued after the date of enactment of the FAA Reauthorization Act of 2024, in addition to the review requirements established under section 5.13(d) 22 See References in Text note below. of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation 3 years after the effective date of such regulation.

(ii) Discretionary review.— The Administrator may review any regulation that has been in effect for more than 3 years.

(iii) Substance of review.— In performing a review under clause (i) or (ii), the Administrator shall determine if—

(I) the cost assumptions supporting the regulation were accurate;

(II) the intended benefit of the regulation is being realized;

(III) the need remains to continue such regulation as in effect; and

(IV) the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) ^2 of title 49, Code of Federal Regulations.

(iv) Review management.— Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection (p) to assist in performing the review.

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

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

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

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

(g) [reserved].

(h) Technical Center for Advanced Aerospace.—

(1) In general.— There is established within the Administration a technology center to support the advancement of aerospace safety and innovation which shall be known as the “William J. Hughes Technical Center for Advanced Aerospace” (in this subsection referred to as the “Technical Center”) that shall be used by the Administrator and, as permitted by the Administrator, other governmental entities, academia, and the aerospace industry.

(2) Management.— The activities of the Technical Center shall be managed by a Director.

(3) Activities.— The activities of the Technical Center shall include—

(A) developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—

(i) liaising between external persons and offices of the Administration interested in such work;

(ii) providing technical expertise and input, as appropriate; and

(iii) providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements;

(B) managing technology demonstration grants awarded by the Administrator;

(C) identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;

(D) supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;

(E) managing the facilities of the Technical Center; and

(F) carrying out any other duties as determined appropriate by the Administrator.