§ 40101. Policy

§ 40101. Policy

(a) Economic Regulation.— In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:

(1) assigning and maintaining safety as the highest priority in air commerce.

(2) before authorizing new air transportation services, evaluating the safety implications of those services.

(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.

(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.

(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.

(6) placing maximum reliance on competitive market forces and on actual and potential competition—

(A) to provide the needed air transportation system; and

(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.

(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—

(A) the commerce of the United States;

(B) the United States Postal Service; and

(C) the national defense.

(8) encouraging air transportation at major urban areas through secondary or satellite airports if consistent with regional airport plans of regional and local authorities, and if endorsed by appropriate State authorities—

(A) encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and

(B) fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services.

(9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation.

(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that would tend to allow at least one air carrier or foreign air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation.

(11) maintaining a complete and convenient system of continuous scheduled interstate air transportation for small communities and isolated areas with direct financial assistance from the United States Government when appropriate.

(12) encouraging, developing, and maintaining an air transportation system relying on actual and potential competition—

(A) to provide efficiency, innovation, and low prices; and

(B) to decide on the variety and quality of, and determine prices for, air transportation services.

(13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small air carriers to ensure a more effective and competitive airline industry.

(14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.

(15) strengthening the competitive position of air carriers to at least ensure equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.

(16) ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service.

(b) All-Cargo Air Transportation Considerations.— In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others and in addition to the matters referred to in subsection (a) of this section, as being in the public interest for all-cargo air transportation:

(1) encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to—

(A) the present and future needs of shippers;

(B) the commerce of the United States; and

(C) the national defense.

(2) encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided.

(3) providing services without unreasonable discrimination, unfair or deceptive practices, or predatory pricing.

(c) General Safety Considerations.— In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator of the Federal Aviation Administration shall consider the following matters:

(1) the requirements of national defense and commercial and general aviation.

(2) the public right of freedom of transit through the navigable airspace.

(d) Safety Considerations in Public Interest.— In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator shall consider the following matters, among others, as being in the public interest:

(1) assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce.

(2) regulating air commerce in a way that best promotes safety and fulfills national defense requirements.

(3) encouraging and developing civil aeronautics, including new aviation technology.

(4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations.

(5) consolidating research and development for air navigation facilities and the installation and operation of those facilities.

(6) developing and operating a common system of air traffic control and navigation for military and civil aircraft.

(7) providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety.

(e) International Air Transportation.— In formulating United States international air transportation policy, the Secretaries of State and Transportation shall develop a negotiating policy emphasizing the greatest degree of competition compatible with a well-functioning international air transportation system, including the following:

(1) strengthening the competitive position of air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.

(2) freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand.

(3) the fewest possible restrictions on charter air transportation.

(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond quickly to a shift in market demand.

(5) eliminating operational and marketing restrictions to the greatest extent possible.

(6) integrating domestic and international air transportation.

(7) increasing the number of nonstop United States gateway cities.

(8) opportunities for carriers of foreign countries to increase their access to places in the United States if exchanged for benefits of similar magnitude for air carriers or the traveling public with permanent linkage between rights granted and rights given away.

(9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including—

(A) excessive landing and user fees;

(B) unreasonable ground handling requirements;

(C) unreasonable restrictions on operations;

(D) prohibitions against change of gauge; and

(E) similar restrictive practices.

(10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.

(f) Strengthening Competition.— In selecting an air carrier to provide foreign air transportation from among competing applicants, the Secretary of Transportation shall consider, in addition to the matters specified in subsections (a) and (b) of this section, the strengthening of competition among air carriers operating in the United States to prevent unreasonable concentration in the air carrier industry.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1094; Pub. L. 104–264, title IV, § 401(a), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 106–181, title II, § 201, Apr. 5, 2000, 114 Stat. 91.)

In this part, the words “overseas air commerce” and “overseas air transportation” are omitted as obsolete because there no longer is a distinction in economic or safety regulation between “interstate” and “overseas” air commerce or air transportation.

In this section, the words “In carrying out . . . this part” are substituted for “In the exercise and performance of its powers and duties under this chapter” in 49 App.:1302(a), “In the exercise and performance of his powers and duties under this chapter” in 49 App.:1303, and “In exercising the authority granted in, and discharging the duties imposed by, this chapter” in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.

In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Civil Aeronautics Board was given responsibility for economic issues.

In subsection (a)(2), the word “full” is omitted as surplus. The words “the recommendations of the Secretary of Transportation on” are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words “and full evaluation of any report or recommendation submitted under section 1307 of this Appendix” are omitted as obsolete because the report and recommendations are no longer required.

In subsection (a)(4), the words “by air carriers and foreign air carriers” are omitted as surplus. The words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(6)(B), the words “nevertheless”, “on the one hand”, and “on the other” are omitted as surplus.

In subsection (a)(8), before subclause (A), the word “authorities” is substituted for “entities” for consistency in the revised title and with other titles of the Code. In subclause (A), the words “sole responsibility” are omitted as unnecessary because of the restatement.

In subsection (a)(15), the words “United States” are omitted as surplus because of the definition of “air carrier” in section 40102(a) of the revised title.

In subsection (b)(3), the words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for consistency in the revised title and to eliminate unnecessary words.

In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.

In subsection (c), before clause (1), the word “Administrator” in section 306 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words “consider the following matters” are substituted for “give full consideration to” for consistency in this section.

In subsection (d)(3), the word “both” in 49 App.:1303(c) is omitted as surplus the first time it appears. The words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in section 40102(a) of the revised title. The words “of those operations” are added for clarity.

In subsection (d)(5), the word “both” in 49 App.:1303(e) is omitted as surplus.

In subsection (e), before clause (1), the words “the Congress intends that” are omitted as surplus. In clauses (1) and (4), the words “United States” are omitted as surplus because of the definition of “air carrier” in section 40102(a) of the revised title. In clause (2), the word “prices” is substituted for “fares and rates” because of the definition of “price” in section 40102(a). In clause (8), the words “places in the United States” are substituted for “United States points” for consistency in this chapter. The word “air” is added for clarity and consistency in this subtitle. In clause (9)(C), the word “unreasonable” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
40101(a)	49 App.:1302(a).	Aug. 23, 1958, Pub. L. 85–726, § 102(a), 72 Stat. 740; Nov. 9, 1977, Pub. L. 95–163, § 16(b)(1), (2), 91 Stat. 1284; Oct. 24, 1978, Pub. L. 95–504, § 3(a), 92 Stat. 1705; restated Feb. 15, 1980, Pub. L. 96–192, § 2, 94 Stat. 35.
	49 App.:1551(b)(1)(E).	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.
40101(b)	49 App.:1302(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 102(b); added Nov. 9, 1977, Pub. L. 95–163, § 16(b)(3), 91 Stat. 1284.
	49 App.:1551(b)(1)(E).
40101(c)	49 App.:1347.	Aug. 23, 1958, Pub. L. 85–726, § 306, 72 Stat. 749.
	49 App.:1655(c)(1).	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.
40101(d)	49 App.:1303.	Aug. 23, 1958, Pub. L. 85–726, § 103, 72 Stat. 740; Nov. 18, 1988, Pub. L. 100–690, § 7202(b), 102 Stat. 4424.
	49 App.:1655(c)(1).
40101(e)	49 App.:1502(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1102(b); added Feb. 15, 1980, Pub. L. 96–192, § 17, 94 Stat. 42.
	49 App.:1551(b)(1)(E).
40101(f)	49 App.:1302(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 102(c); added Oct. 31, 1992, Pub. L. 102–581, § 205, 106 Stat. 4894.

Editorial Notes

Amendments

2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).

1996—Subsec. (d)(1). Pub. L. 104–264, § 401(a)(1)(B), added par. (1). Former par. (1) redesignated (2).

Subsec. (d)(2). Pub. L. 104–264, § 401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out “its development and” after “best promotes”. Former par. (2) redesignated (3).

Subsec. (d)(3). Pub. L. 104–264, § 401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted “encouraging and developing civil aeronautics, including new aviation technology” for “promoting, encouraging, and developing civil aeronautics”. Former par. (3) redesignated (4).

Subsec. (d)(4) to (7). Pub. L. 104–264, § 401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 117–328, div. Q, § 102(c), Dec. 29, 2022, 136 Stat. 5250, provided that: “On and after the date of enactment of this section [Dec. 29, 2022], any reference in a law, regulation, document, paper, or other record of the United States to the ‘National Air Grant Fellowship Program’ shall be deemed to be a reference to the ‘Samya Rose Stumo National Air Grant Fellowship Program’.”

Effective Date of 2012 Amendment

Pub. L. 112–95, § 3, Feb. 14, 2012, 126 Stat. 15, provided that: “Except as otherwise expressly provided, this Act [see Tables for classification] and the amendments made by this Act shall take effect on the date of enactment of this Act [Feb. 14, 2012].”

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Short Title of 2024 Amendment

Pub. L. 118–63, § 1(a), May 16, 2024, 138 Stat. 1025, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Reauthorization Act of 2024’.”

Short Title of 2023 Amendment

Pub. L. 118–4, § 1, June 3, 2023, 137 Stat. 7, provided that: “This Act [enacting provisions set out as a note under section 44701 of this title] may be cited as the ‘NOTAM Improvement Act of 2023’.”

Short Title of 2022 Amendment

Pub. L. 117–328, div. Q, § 102(a), Dec. 29, 2022, 136 Stat. 5250, provided that: “This section [enacting and amending provisions set out as notes under this section] may be cited as the ‘Samya Rose Stumo National Air Grant Fellowship Program Act of 2022’.”

Pub. L. 117–254, § 1, Dec. 20, 2022, 136 Stat. 2361, provided that: “This Act [amending section 47109 of this title and enacting provisions set out as notes under section 47109 of this title] may be cited as the ‘Preventing PFAS Runoff at Airports Act’.”

Pub. L. 117–203, § 1, Oct. 17, 2022, 136 Stat. 2227, provided that: “This Act [enacting provisions set out as a note below] may be cited as the ‘Advanced Air Mobility Coordination and Leadership Act’[.]”

Pub. L. 117–186, § 1, Oct. 10, 2022, 136 Stat. 2199, provided that: “This Act [amending section 47110 of this title] may be cited as the ‘Expedited Delivery of Airport Infrastructure Act of 2021’.”

Short Title of 2020 Amendment

Pub. L. 116–260, div. V, title I, § 101(a), Dec. 27, 2020, 134 Stat. 2309, provided that: “This title [see Tables for classification] may be cited as the ‘Aircraft Certification, Safety, and Accountability Act’.”

Pub. L. 116–190, § 1, Oct. 30, 2020, 134 Stat. 974, provided that: “This Act [amending section 47107 of this title] may be cited as the ‘Friendly Airports for Mothers Improvement Act’.”

Short Title of 2019 Amendment

Pub. L. 116–92, div. A, title XI, § 1131(a), Dec. 20, 2019, 133 Stat. 1615, provided that: “This subtitle [subtitle C (§§1131–1135) of title XI of div. A of Pub. L. 116–92, amending section 44506 of this title] may be cited as the ‘ATC Hiring Reform Act’.”

Pub. L. 116–34, § 1, July 29, 2019, 133 Stat. 1040, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act’.”

Short Title of 2018 Amendment

Pub. L. 115–254, § 1(a), Oct. 5, 2018, 132 Stat. 3186, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Reauthorization Act of 2018’.”

Pub. L. 115–254, div. B, title III, § 391, Oct. 5, 2018, 132 Stat. 3323, provided that: “This subtitle [subtitle C (§§ 391–396) of title III of div. B of Pub. L. 115–254, enacting section 47124a of this title, amending section 44709 of this title, enacting provisions set out as notes under sections 44701 and 46101 of this title, and amending provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the ‘Fairness for Pilots Act’.”

Pub. L. 115–254, div. B, title VII, § 701, Oct. 5, 2018, 132 Stat. 3409, provided that: “This title [enacting sections 44518 and 47511 of this title and sections 2801 to 2811 of Title 43, Public Lands, amending sections 44508 and 48102 of this title, and enacting provisions set out as notes under this section and sections 106, 44505, and 44802 of this title and section 2801 of Title 43] may be cited as the ‘FAA Leadership in Groundbreaking High-Tech Research and Development Act’ or the ‘FLIGHT R&D Act’.”

Pub. L. 115–254, div. C, § 1101, Oct. 5, 2018, 132 Stat. 3429, provided that: “This division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1101, 1116, and 1119 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act’.”

Short Title of 2016 Amendment

Pub. L. 114–242, § 1, Oct. 7, 2016, 130 Stat. 978, provided that: “This Act [amending section 40122 of this title and enacting provisions set out as notes under section 40122 of this title] may be cited as the ‘Federal Aviation Administration Veteran Transition Improvement Act of 2016’.”

Pub. L. 114–190, § 1(a), July 15, 2016, 130 Stat. 615, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Extension, Safety, and Security Act of 2016’.”

Short Title of 2015 Amendment

Pub. L. 114–113, div. O, title IV, § 401, Dec. 18, 2015, 129 Stat. 3000, provided that: “This title [enacting section 10609 of Title 42, The Public Health and Welfare, amending section 905 of Title 2, The Congress, enacting provisions set out as a note under section 905 of Title 2, and amending provisions set out as notes under this section] may be cited as the ‘James Zadroga 9/11 Victim Compensation Fund Reauthorization Act’.”

Short Title of 2014 Amendment

Pub. L. 113–238, § 1, Dec. 18, 2014, 128 Stat. 2842, provided that: “This Act [enacting section 44946 of this title] may be cited as the ‘Aviation Security Stakeholder Participation Act of 2014’.”

Pub. L. 113–221, § 1, Dec. 16, 2014, 128 Stat. 2094, provided that: “This Act [enacting section 44928 of this title] may be cited as the ‘Honor Flight Act’.”

Short Title of 2013 Amendment

Pub. L. 113–27, § 1, Aug. 9, 2013, 127 Stat. 503, provided that: “This Act [enacting section 44927 of this title] may be cited as the ‘Helping Heroes Fly Act’.”

Pub. L. 112–271, § 1, Jan. 14, 2013, 126 Stat. 2446, provided that: “This Act [amending section 44945 of this title] may be cited as the ‘Clothe a Homeless Hero Act’.”

Short Title of 2012 Amendment

Pub. L. 112–218, § 1, Dec. 20, 2012, 126 Stat. 1593, provided that: “This Act [amending section 44901 of this title] may be cited as the ‘No-Hassle Flying Act of 2012’.”

Pub. L. 112–153, § 1, Aug. 3, 2012, 126 Stat. 1159, provided that: “This Act [amending sections 44703, 44709, and 44710 of this title and enacting provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the ‘Pilot’s Bill of Rights’.”

Pub. L. 112–95, § 1(a), Feb. 14, 2012, 126 Stat. 11, provided that: “This Act [see Tables for classification] may be cited as the ‘FAA Modernization and Reform Act of 2012’.”

Pub. L. 112–86, § 1, Jan. 3, 2012, 125 Stat. 1874, provided that: “This Act [amending section 44903 of this title and enacting provisions set out as a note under section 44903 of this title] may be cited as the ‘Risk-Based Security Screening for Members of the Armed Forces Act’.”

Short Title of 2010 Amendment

Pub. L. 111–216, § 1, Aug. 1, 2010, 124 Stat. 2348, provided that: “This Act [amending sections 106, 1135, 40117, 41712, 44302, 44303, 44703, 47104, 47107, 47115, 47141, 48101, 48102, and 49108 of this title and sections 4081, 4261, 4271, and 9502 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 40117 and 44701 of this title and sections 4081 and 9502 of Title 26, and amending provisions set out as a note under section 47109 of this title] may be cited as the ‘Airline Safety and Federal Aviation Administration Extension Act of 2010’.”

Short Title of 2007 Amendment

Pub. L. 110–135, § 1, Dec. 13, 2007, 121 Stat. 1450, provided that: “This Act [enacting section 44729 of this title] may be cited as the ‘Fair Treatment for Experienced Pilots Act’.”

Pub. L. 110–113, § 1, Nov. 8, 2007, 121 Stat. 1039, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Procedural Fairness for September 11 Victims Act of 2007’.”

Short Title of 2004 Amendment

Pub. L. 108–297, § 1, Aug. 9, 2004, 118 Stat. 1095, provided that: “This Act [enacting section 44113 of this title, amending sections 44107 and 44108 of this title, and enacting provisions set out as notes under section 44101 of this title] may be cited as ‘Cape Town Treaty Implementation Act of 2004’.”

Short Title of 2003 Amendment

Pub. L. 108–176, § 1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: “This Act [see Tables for classification] may be cited as the ‘Vision 100—Century of Aviation Reauthorization Act’.”

Pub. L. 108–176, title III, § 301, Dec. 12, 2003, 117 Stat. 2533, provided that: “This title [enacting subchapter III of chapter 471 of this title, amending sections 40104, 40128, 47106, 47503, and 47504 of this title, and enacting provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be cited as ‘Aviation Streamlining Approval Process Act of 2003’.”

Short Title of 2002 Amendment

Pub. L. 107–296, title XIV, § 1401, Nov. 25, 2002, 116 Stat. 2300, provided that: “This title [enacting section 44921 of this title and section 513 of Title 6, Domestic Security, amending sections 44903 and 44918 of this title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as a note under section 44903 of this title] may be cited as the ‘Arming Pilots Against Terrorism Act’.”

Short Title of 2001 Amendment

Pub. L. 107–71, § 1, Nov. 19, 2001, 115 Stat. 597, provided that: “This Act [see Tables for classification] may be cited as the ‘Aviation and Transportation Security Act’.”

Short Title of 2000 Amendments

Pub. L. 106–528, § 1, Nov. 22, 2000, 114 Stat. 2517, provided that: “This Act [amending sections 106, 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 106, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] may be cited as the ‘Airport Security Improvement Act of 2000’.”

Pub. L. 106–181, § 1(a), Apr. 5, 2000, 114 Stat. 61, provided that: “This Act [see Tables for classification] may be cited as the ‘Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’.”

Short Title of 1999 Amendment

Pub. L. 106–6, § 1, Mar. 31, 1999, 113 Stat. 10, provided that: “This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101, and 48103 of this title] may be cited as the ‘Interim Federal Aviation Administration Authorization Act’.”

Short Title of 1998 Amendment

Pub. L. 105–155, § 1, Feb. 11, 1998, 112 Stat. 5, provided that: “This Act [amending section 48102 of this title and enacting provisions set out as a note under section 48102 of this title] may be cited as the ‘FAA Research, Engineering, and Development Authorization Act of 1998’.”

Short Title of 1997 Amendment

Pub. L. 105–137, § 1, Dec. 2, 1997, 111 Stat. 2640, provided that: “This Act [amending sections 40102, 44302, 44305, 44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title] may be cited as the ‘Aviation Insurance Reauthorization Act of 1997’.”

Short Title of 1996 Amendment

Pub. L. 104–264, § 1(a), Oct. 9, 1996, 110 Stat. 3213, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Aviation Reauthorization Act of 1996’.”

Pub. L. 104–264, title II, § 201, Oct. 9, 1996, 110 Stat. 3227, provided that: “This title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the ‘Air Traffic Management System Performance Improvement Act of 1996’.”

Pub. L. 104–264, title II, § 278(a), Oct. 9, 1996, 110 Stat. 3249, provided that: “This section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of this title] may be cited as the ‘Rural Air Service Survival Act’.”

Pub. L. 104–264, title V, § 501, Oct. 9, 1996, 110 Stat. 3259, provided that: “This title [amending sections 30305, 44936, and 46301 of this title and enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the ‘Pilot Records Improvement Act of 1996’.”

Pub. L. 104–264, title VI, § 601, Oct. 9, 1996, 110 Stat. 3263, provided that: “This title [enacting section 44724 of this title] may be cited as the ‘Child Pilot Safety Act’.”

Pub. L. 104–264, title VII, § 701, Oct. 9, 1996, 110 Stat. 3264, provided that: “This title [enacting sections 1136 and 41113 of this title and provisions set out as notes under section 41113 of this title] may be cited as the ‘Aviation Disaster Family Assistance Act of 1996’.”

Pub. L. 104–264, title VIII, § 801, Oct. 9, 1996, 110 Stat. 3269, provided that: “This title [enacting section 47133 of this title, amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title] may be cited as the ‘Airport Revenue Protection Act of 1996’.”

Pub. L. 104–264, title XI, § 1101, Oct. 9, 1996, 110 Stat. 3278, provided that: “This title [amending sections 44501, 44508, and 48102 of this title] may be cited as the ‘FAA Research, Engineering, and Development Management Reform Act of 1996’.”

Short Title of 1994 Amendment

Pub. L. 103–305, § 1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: “This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code, renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348 of former Title 49, Transportation] may be cited as the ‘Federal Aviation Administration Authorization Act of 1994’.”

Pub. L. 103–305, title III, § 301, Aug. 23, 1994, 108 Stat. 1589, provided that: “This title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the ‘Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994’.”

Future of NextGen

Pub. L. 118–63, title II, § 206(a)–(f), May 16, 2024, 138 Stat. 1044, 1045, provided that: “(a) Key Programs.—Not later than December 31, 2025, the Administrator [of the Federal Aviation Administration] shall operationalize all of the key programs under the NextGen [Next Generation Air Transportation System] program as described in the deployment plan of the FAA [Federal Aviation Administration]. “(b) Office Termination.—The NextGen Office of the FAA shall terminate on December 31, 2025. “(c) Transfer of Residual NextGen Implementation Functions.—If the Administrator does not complete the air traffic modernization project known as the NextGen program by the deadline specified in subsection (a), the Administrator shall transfer the residual functions for completing the NextGen program to the Airspace Modernization Office of the FAA established under section 207 [of Pub. L. 118–63; 49 U.S.C. 106 note]. “(d) Transfer of NextGen Advisory Committee.—Not later than December 31, 2025, management of the NextGen Advisory Committee shall transfer to the Chief Operating Officer of the air traffic control system. “(e) Transfer of Advanced Air Mobility Functions.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], any advanced air mobility relevant functions, duties, and responsibilities of the NAS Systems Engineering and Integration Office or other offices within the Office of NextGen of the FAA shall be incorporated into the Office of Aviation Safety of the FAA. “(f) Remaining Activities.—In carrying out subsection (a), and after implementing subsections (c) through (e), the Administrator shall transfer any remaining duties, authorities, activities, personnel, and assets managed by the Office of NextGen of the FAA to other offices of the FAA, as appropriate.”

Safety and Efficiency Through Digitization of FAA Systems

Pub. L. 118–63, title II, § 220, May 16, 2024, 138 Stat. 1057, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall—“(1) identify, at the discretion of the Administrator, not less than 3 processes of the FAA [Federal Aviation Administration] that result in a certification and require paper-based information exchange between external entities and the FAA or offices within the FAA (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and “(2) initiate the digitization of such processes. “(b) Requirements.—In carrying out the digitization required under subsection (a), the Administrator shall ensure that the digitization of any process allows for—“(1) an applicant to track the application of such applicant throughout the period of submission and review of such application; and “(2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application. “(c) Briefing to Congress.—Not later than 2 years after the date on which the Administrator initiates the digitization under subsection (a)(2), 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 the progress of such digitization. “(d) Definition of Digitization.—In this section, the term ‘digitization’ means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.”

Review and Updates of Categorical Exclusions

Pub. L. 118–63, title II, § 230, May 16, 2024, 138 Stat. 1064, provided that: “(a) Review.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall identify each categorical exclusion under the jurisdiction of the Department of Transportation, including any operating administration within the Department. “(b) New Categorical Exclusions for Airport Projects.—Not later than 2 years after the date of enactment of this Act, the Administrator [of the Federal Aviation Administration] shall—“(1) review the categorical exclusions applied by other operating administrations identified in subsection (a); and “(2) take such action as may be necessary to adopt, as relevant and appropriate, new categorical exclusions that meet the requirements of section 1508.4 of title 40, Code of Federal Regulations, from among categorical exclusions reviewed by the Secretary in paragraph (1) for use by the FAA.”

Review of FAA Use of Aviation Safety Data

Pub. L. 118–63, title III, § 315, May 16, 2024, 138 Stat. 1077, provided that: “(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall seek to enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the collection, collation, analysis, and use of aviation data across the FAA [Federal Aviation Administration]. “(b) Consultation.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—“(1) seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector; “(2) consult with the National Transportation Safety Board and the Transportation Research Board; and “(3) consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation. “(c) Substance of Evaluation.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—“(1) compile a list of internal and external sources, databases, and streams of information the FAA receives or has access to that provide the FAA with operational or safety information and data about the national airspace system, its users, and other regulated entities of the FAA; “(2) review data sets to determine completeness and accuracy of relevant information; “(3) identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis; “(4) assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions; “(5) review data and information for proper storage, identification controls, and data privacy—“(A) as required by law; and “(B) consistent with best practices for data collection, storage, and use; “(6) review the format of such data and identify methods to improve the usefulness of such data; “(7) assess internal and external access to data for—“(A) appropriateness based on data type and level of detail; “(B) proper data access protocols and precautions; and “(C) maximizing availability of safety-related data that could support the improvement of safety management systems of and trend identification by regulated entities and the FAA; “(8) examine the collation and dissemination of data within offices and between offices of the FAA; “(9) review and recommend improvements to the data analysis techniques of the FAA; and “(10) recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA. “(d) Access to Information.—The Administrator shall provide the qualified third-party organization or consortium and the experts described in subsection (b) with adequate access to safety and operational data collected by and held by the agency across all offices of the FAA, except if specific access is otherwise prohibited by law. “(e) Nondisclosure.—Prior to participating in the review, the Administrator shall ensure that each person participating in the evaluation under this section enters into an agreement with the Administrator in which the person shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the federally funded research and development center under this section. “(f) Report.—The qualified third-party organization or consortium carrying out the evaluation under this section shall provide a report of the findings of the center to the Administrator and include recommendations to improve the FAA’s collection, collation, analysis, and use of aviation data, including recommendations to—“(1) improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices; “(2) improve data storage best practices; “(3) develop or refine methods for collating data from multiple FAA and industry sources; and “(4) procure or use available analytics tools to draw conclusions and identify previously unrecognized trends or miscategorized risks in the aviation system, particularly when identification of such information requires the analysis of multiple sets of data from multiple sources. “(g) Implementation of Recommendations.—Not later than 6 months after the receipt of the report under subsection (f), the Administrator shall review, develop an implementation plan, and, if appropriate, begin the implementation of the recommendations received in such report. “(h) Review of Implementation.—The qualified third-party organization or consortium that conducted the initial evaluation, and any experts who contributed to such evaluation pursuant to subsection (b)(1), shall provide regular feedback and advice to the Administrator on the implementation plan developed under subsection (g) and any implementation activities for at least 2 years beginning on the date of the receipt of the report under subsection (f). “(i) Report to Congress.—The Administrator 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] the report described in subsection (f) and the implementation plan described in subsection (g). “(j) Existing Reporting Systems.—Consistent with section 132 of the Aircraft Certification, Safety, and Accountability Act ([title I of div. V of] Public Law 116–260) [set out below], the Executive Director of the Transportation Research Board, in consultation with the Secretary and the Administrator, may further harmonize data and sources following the implementation of recommendations under subsection (g). “(k) Rule of Construction.—Nothing in this section shall be construed to permit the public disclosure of information submitted under a voluntary safety reporting program or that is otherwise protected under section 44735 of title 49, United States Code.”

Restricted Category Aircraft Maintenance and Operations

Pub. L. 118–63, title III, § 328, May 16, 2024, 138 Stat. 1086, provided that: “Notwithstanding any other provision of law, the Administrator [of the Federal Aviation Administration] shall have sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft owned by civilian operators and type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations.”

NextGen Programs

Pub. L. 118–63, title VI, § 619, May 16, 2024, 138 Stat. 1231, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], and periodically thereafter as the Administrator [of the Federal Aviation Administration] determines appropriate, the Administrator shall convene FAA [Federal Aviation Administration] officials to evaluate and expedite the implementation of NextGen [Next Generation Air Transportation System] programs and capabilities. “(b) Nextgen Program Prioritization.—In allocating amounts appropriated pursuant to section 48101(a) of title 49, United States Code, the Secretary shall give priority to the following activities:“(1) Performance-based navigation. “(2) Data communications. “(3) Terminal flight data manager. “(4) Aeronautical information management. “(5) Other activities as recommended by the NextGen Advisory Committee and determined by the Administrator to be appropriate. “(c) Performance-based Navigation.—“(1) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator shall fully implement performance-based navigation procedures for all terminal and enroute routes, including approach and departure procedures for covered airports. “(2) Specific procedures.—Pursuant to paragraph (1), the Administrator shall prioritize the following performance-based navigation procedures:“(A) Trajectory-based operations. “(B) Optimized profile descents. “(C) Multiple airport route separation. “(D) Established on required navigation performance. “(E) Converging runway display aids. “(3) Performance-based navigation baseline equipage requirements.—In carrying out paragraph (1), the Administrator shall issue such regulations as may be required, and publish applicable advisory circulars, to establish the equipage baseline appropriate for aircraft to safely use performance-based navigation procedures. “(4) Utilization action plan.—Not later than 180 days after enactment of this Act, the Administrator shall, in consultation with certified labor representatives of air traffic controllers and the NextGen Advisory Committee, develop an action plan to utilize performance-based navigation procedures as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system. “(d) Data Communications.—“(1) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator shall fully implement the use of data communications. “(2) Specific capabilities.—In carrying out subsection (a) and this subsection, the Administrator shall prioritize the following data communications capabilities:“(A) Ground-to-ground message exchange for surface aircraft operations and runway safety at airports. “(B) Automated message generation and receipt. “(C) Message routing and transmission. “(D) Direct communications with aircraft avionics. “(E) Implementation of data communications at all Air Route Traffic Control Centers. “(F) The Future Air Navigation System. “(e) Terminal Flight Data Manager and Other Systems.—“(1) Terminal flight data manager.—Not later than 4 years after the date of enactment of this Act, the Administrator shall install the Terminal Flight Data Manager system at not less than 89 airports in the United States based on the highest number of annual aircraft operations or a determination of operational need and the impact of installation and deployment on the national airspace system. “(2) Electronic flight strips.—At a minimum, the Administrator shall implement electronic flight strips at the air traffic control towers of airports described in paragraph (1). “(3) Flow management data and services.—Not later than 4 years after the date of enactment of this Act, if the Administrator finds that Terminal Flight Data Manager systems would be beneficial to safety or efficiency, the Administrator shall install Flow Management Data and Services at airports described under paragraph (1). “(4) Appropriations.—The activities under paragraphs (1), (2), and (3) of this subsection shall be contingent on the appropriation of funds to carry out this subsection. “(f) Aeronautical Information Management Systems.—“(1) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator shall fully modernize the aeronautical information management systems of the FAA to improve the functionality, useability, durability, and reliability of such systems used in the national airspace system. “(2) Requirements.—In carrying out paragraph (1), the Administrator shall—“(A) improve the distribution of critical safety information to pilots, air traffic control, and other relevant aviation stakeholders; “(B) fully develop and implement the Enterprise Information Display System; and “(C) notwithstanding a centralized aeronautical information management system, restructure the back-up systems of aeronautical information management systems to be independent and self-sufficient from one another. “(g) Nextgen Equipage Plan.—“(1) In general.—Not later than 14 months after the date of enactment of this Act, the Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics within the fleets of air carriers (as such term is defined in section 40102(a) of title 49, United States Code. “(2) Contents.—In developing the plan required under paragraph (1), the Administrator shall, at a minimum—“(A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage of commercial and regional aircraft with certain NextGen avionics; “(B) identify any remaining barriers for operators of commercial and regional aircraft to properly equip such aircraft with certain NextGen avionics, including any methods to address such barriers; “(C) provide for the use of the best methods to highlight and enhance to operators of commercial and regional aircraft the benefits of equipping such aircraft with certain NextGen avionics; and “(D) include in such plan any equipage guidelines and regulations the Administrator determines necessary and appropriate. “(3) Consultation.—In developing the plan under paragraph (1), the Administrator shall consult with representatives from—“(A) trade associations representing air carriers; “(B) trade associations representing avionics manufacturers; “(C) certified labor organizations representing air traffic controllers; and “(D) any other representatives the Administrator determines appropriate. “(4) Submission of plan.—Not later than 15 months after the date of enactment of this Act, the Administrator 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] the plan required under this subsection. “(5) Implementation.—Not later than 18 months after the date of enactment of this Act, the Administrator shall initiate such actions necessary to implement the plan developed under paragraph (1), including initiating any required rulemaking. “(6) Definition.—In this subsection, the term ‘certain NextGen avionics’ means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled ‘Minimum Capabilities List (MCL) Ad Hoc Team NAC Task 19–1 Report’, issued on November 17, 2020. “(h) Effect of Failure to Meet Deadline.—“(1) Notification of congress.—For each deadline established under subsections (a) through (g), if the Administrator determines that the Administrator has not met or will not meet each such deadline, the Administrator shall, not later than 30 days after such determination, notify the appropriate committees of Congress about the failure to meet each deadline. “(2) Contents of notification.—Each notification under paragraph (1) shall be accompanied by the following:“(A) An explanation as to why the Administrator will not or did not meet the deadline described in such paragraph. “(B) A description of the actions the Administrator plans to take to meet the deadline described in such paragraph. “(C) Actions Congress can take to assist the Administrator in meeting the deadline described in such paragraph. “(3) Briefing.—If the Administrator is required to provide notice under paragraph (1), the Administrator shall provide the appropriate committees of Congress quarterly briefings as to the progress made by the Administrator regarding implementation under the respective subsection for which the deadline will not be or was not met until such time as the Administrator has completed the required work under such subsection. “(i) NextGen Advisory Committee Consultation.—

(1) In general.—The Administrator shall consult and task the NextGen Advisory Committee with providing recommendations on ways to expedite, prioritize, and fully implement the NextGen program to realize the operational benefits of such programs.

(2) Considerations.—In providing recommendations under paragraph (1), the NextGen Advisory Committee shall consider—

“(A) air traffic throughput of the national airspace system;

“(B) daily operational performance, including delays and cancellations; and

“(C) the potential need for performance-based operational metrics related to the NextGen program and subsequent air traffic modernization programs and efforts.”

Community Collaboration Program

Pub. L. 118–63, title VII, § 793, May 16, 2024, 138 Stat. 1317, provided that: “(a) Establishment.—The Administrator [of the Federal Aviation Administration] shall continue existing community engagement activities under the designation of a Community Collaboration Program (in this section referred to as the ‘Program’). “(b) Responsibilities.—“(1) In general.—In carrying out the Program, the Administrator shall facilitate and harmonize, as appropriate, policies and procedures carried out by various offices of the FAA [Federal Aviation Administration] pertaining to community engagement relating to—“(A) airport planning and development; “(B) noise and environmental policy; “(C) NextGen [Next Generation Air Transportation System] implementation; “(D) air traffic route changes; “(E) integration of new and emerging entrants; and “(F) other topics with respect to which community engagement is critical to program success. “(2) Specified responsibilities.—In carrying out the Program, the Administrator shall be responsible for—“(A) updating the internal guidance of the FAA for community engagement based on—“(i) best practices of other Federal agencies and external organizations with expertise in community engagement; “(ii) interviews with impacted residents; and “(iii) recommendations solicited from individuals and local government officials in communities adversely impacted by aircraft noise; “(B) coordinating with the Air Traffic Organization on community engagement efforts related to air traffic procedure changes to ensure that impacted communities are consulted in a meaningful way; “(C) coordination with Regional Ombudsmen of the FAA; “(D) oversight, streamlining, and increasing the responsiveness of the noise complaint process of the FAA by—“(i) centralizing noise complaint data and improving data collection methodologies; “(ii) ensuring such Regional Ombudsmen are consulted in local air traffic procedure development decisions; and “(iii) collecting feedback from such Regional Ombudsmen to inform national policymaking efforts; “(E) timely implementation of the recommendations, as appropriate, made by the Comptroller General [of the United States] to the Secretary [of Transportation] contained in the report titled ‘Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities’, issued in September 2021 (GAO–21–103933) to improve the outreach of the FAA to local communities impacted by aircraft noise, including—“(i) any recommendations to— “(I) identify appropriate supplemental metrics for assessing noise impacts and circumstances for their use to aid in the internal assessment of the FAA of noise impacts related to proposed flight path changes; “(II) update guidance to incorporate additional tools to more clearly convey expected impacts, such as other noise metrics and visualization tools; and “(III) improve guidance to airports and communities on effectively engaging with the FAA; and “(ii) any other recommendations included in the report that would assist the FAA in improving outreach to communities affected by aircraft noise; “(F) ensuring engagement with local community groups as appropriate in conducting the other responsibilities described in this section; and “(G) other responsibilities as considered appropriate by the Administrator. “(c) Briefing.—Not later than 2 years after the Administrator implements the recommendations described in subsection (b)(2)(E), 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] describing—“(1) the implementation of each such recommendation; “(2) how any recommended actions are assisting the Administrator in improving outreach to communities affected by aircraft noise and other community engagement concerns; and “(3) any challenges or barriers that limit or prevent the ability of the Administrator to take such actions. “(d) Rule of Construction.—Nothing in this section shall be construed to require the Administrator to alter the organizational structure of the FAA nor change the reporting structure of any employee.”

Vehicle-to-Vehicle Link Program

Pub. L. 118–63, title VIII, § 808(b), May 16, 2024, 138 Stat. 1324, provided that: “Not later than 270 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration], in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance vehicle-to-vehicle link initiatives that— “(1) enable the real-time digital exchange of key information between nearby aircraft; and “(2) are not reliant on ground infrastructure or air-to-ground communication links.”

Drone Education and Workforce Training Grant Program

Pub. L. 118–63, title IX, § 913, May 16, 2024, 138 Stat. 1350, provided that: “(a) Authority.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for small unmanned aircraft systems. “(b) Use of Grant Amounts.—Amounts from a grant under this section shall be used in furtherance of activities authorized under section[s] 631 and 632 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note[s]). “(c) Eligibility.—To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. “(d) Authorization of Appropriations.—Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the Secretary shall make available to carry out this section $5,000,000 for each of fiscal years 2025 through 2028. “(e) Educational Institution Defined.—In this section, the term ‘educational institution’ means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note[s]).”

[For definitions of terms used in section 913 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Advanced Air Mobility

Pub. L. 118–63, title IX, subtitle B, May 16, 2024, 138 Stat. 1375, provided that: “SEC. 951. DEFINITIONS.“In this subtitle:“(1) Advanced air mobility.—The terms ‘advanced air mobility’ and ‘AAM’ mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft. “(2) Powered-lift aircraft.—The term ‘powered-lift aircraft’ has the meaning given the term ‘powered-lift’ in section 1.1 of title 14, Code of Federal Regulations. “(3) Regional air mobility.—The term ‘regional air mobility’ means the movement of passengers or property by air between 2 points using an airworthy aircraft that—“(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; “(B) has a maximum takeoff weight of greater than 1,320 pounds; and “(C) is not urban air mobility. “(4) Urban air mobility.—The term ‘urban air mobility’ means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—“(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and “(B) has a maximum takeoff weight of greater than 1,320 pounds. “(5) Vertiport.—The term ‘vertiport’ means an area of land, water, or a structure used or intended to be used to support the landing, takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards established by the Administrator [of the Federal Aviation Administration] can accommodate. “SEC. 952. SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED AIR MOBILITY.“It is the sense of Congress that—“(1) the United States should take actions to become a global leader in advanced air mobility; “(2) as such a global leader, the FAA [Federal Aviation Administration] should—“(A) prioritize work on the type certification of powered-lift aircraft; “(B) publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120-AL72); “(C) work with global partners to promote acceptance of advanced air mobility products; and “(D) leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and “(3) the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system. “SEC. 953. APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.“In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—“(1) apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and “(2) after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations. “SEC. 954. ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS. [Amended section 2 of Pub. L. 117–203, set out below.] “SEC. 955. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.“(a) SFAR Rulemaking.—“(1) In general.—Not later than 7 months after the date of enactment of this Act [May 16, 2024], the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo. “(2) Requirements.—With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph (1) shall—“(A) provide a practical pathway for pilot qualification and operations; “(B) establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft; “(C) provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and “(D) to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. “(3) Considerations.—In developing the regulations required under paragraph (1), the Administrator shall—“(A) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft; “(B) consult with the Secretary of Defense with regard to—“(i) the Agility Prime program of the United States Air Force; “(ii) powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and “(iii) the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and “(C) consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019. “(b) Interim Application of Rules and Privileges in Lieu of Rulemaking.—“(1) In general.—Beginning 16 months after the date of enactment of this Act [May 16, 2024], if a final rule has not been published pursuant to subsection (a)—“(A) the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—“(i) deemed to apply to— “(I) the operation of a powered-lift aircraft in the national airspace system; and “(II) the operator of such a powered-lift aircraft; and “(ii) applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and “(B) upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft. “(2) Termination of interim rules and privileges.—This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a). “(c) Powered-lift Aircraft Aviation Rulemaking Committee.—“(1) In general.—Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the—“(A) performance-based certification of powered-lift aircraft; “(B) certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and “(C) operation of powered-lift aircraft in commercial service and air transportation. “(2) Considerations.—In providing findings and recommendations under paragraph (1), the Committee shall consider the following:“(A) Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations. “(B) Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft. “(C) To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. “(D) The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019, as appropriate. “(E) Practical pathways for pilot qualification and operations. “(F) Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft. “(G) A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft. “(3) Report.—The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. “(d) Powered-lift Aircraft Rulemaking.—“(1) In general.—Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator. “(2) Requirements.—In developing the rulemaking under paragraph (1), the Administrator shall—“(A) consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft; “(B) consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations; “(C) consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72); “(D) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft; “(E) work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and “(F) consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956. “SEC. 956. ADVANCED PROPULSION SYSTEMS REGULATIONS.“(a) In General.—Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for regulations related to the certification and installation of—“(1) electric engines and propellers; “(2) hybrid electric engines and propulsion systems; “(3) hydrogen fuel cells; “(4) hydrogen combustion engines or propulsion systems; and “(5) other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator. “(b) Considerations.—In carrying out subsection (a), the Committee shall consider, at a minimum, the following:“(1) Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations. “(2) Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft. “(3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations. “(c) Report.—Not later than 1 year after providing findings and recommendations under subsection (a), the Committee shall submit to the Administrator and 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 containing such findings and recommendations. “(d) Briefing.—Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding plans of the FAA in response to the findings and recommendations contained in the report. “SEC. 957. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.“(a) In General.—The Administrator shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code, and any relevant stakeholder as determined appropriate by the Administrator, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance. “(b) Air Traffic Policies for Entry Into Service.—Not later than 40 months after the date of enactment of this Act [May 16, 2024], the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for—“(1) the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and “(2) the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate. “(c) Long-term Air Traffic Policies.—Beginning 40 months after the date of enactment of this Act, the Administrator shall—“(1) continue to update air traffic orders and policies to support the operation of powered-lift aircraft; “(2) to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports; “(3) evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and “(4) consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers. “SEC. 958. INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.“(a) Update to Design Standards.—The Administrator shall—“(1) not later than December 31, 2024, publish an update to the memorandum of the FAA titled ‘Engineering Brief No. 105, Vertiport Design’, issued on September 21, 2022 (EB No. 105); “(2) not later than December 31, 2025, publish a performance-based vertiport design advisory circular; and “(3) begin the work necessary to update the advisory circular of the FAA titled ‘Heliport Design’ (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms. “(b) Engineering Brief Sunset.—Upon the publication of an advisory circular pursuant to subsection (a)(2), the Administrator shall cancel the memorandum described in subsection (a)(1). “(c) Dual Use Facilities.—The Administrator shall establish a mechanism by which owners and operators of aviation infrastructure can safely accommodate, or file a notice to accommodate, powered-lift aircraft if such infrastructure meets the safety requirements or guidance of the FAA for such aircraft. “(d) Guidance, Forms, and Planning.—The Administrator shall—“(1) not later than 18 months after the date of enactment of this Act, ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely; “(2) determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and “(3) ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type. “SEC. 959. CHARTING OF AVIATION INFRASTRUCTURE.“The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current. “SEC. 960. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION. [Amended section 101 of div. Q of Pub. L. 117–328, set out below.] “SEC. 961. CENTER FOR ADVANCED AVIATION TECHNOLOGIES.“(a) Plan.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator shall develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies. “(b) Consultation.—In developing the plan under subsection (a), the Administrator may consult with the Advanced Air Mobility Working Group established in the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below], as amended by this Act, and the interagency working group established in section 1042 of this Act [set out in a note below]. “(c) Considerations.—In developing the plan under subsection (a), the Administrator shall consider as roles and responsibilities for the Center for Advanced Aviation Technologies—“(1) developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift; “(2) establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies; “(3) developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships; “(4) identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and “(5) any other duties, as determined appropriate by the Administrator. “(d) Submission to Congress.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a). “(e) Center.—Not later than September 30, 2026, the Administrator shall establish the Center for Advanced Aviation Technologies in accordance with the plan developed under subsection (a). In choosing the location for the Center for Advanced Aviation Technologies, the Administrator shall give preference to a community or region with a strong aeronautical presence, specifically the presence of—“(1) a large commercial airport or large air logistics center; “(2) aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift; “(3) existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters; “(4) airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases; “(5) proximity to both rural and urban communities; “(6) State, local, or Tribal governments; “(7) programs to support public-private partnerships for advanced aviation technologies; and “(8) academic institutions that offer programs relating to advanced aviation technologies engineering. “(f) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, $35,000,000 for each of fiscal years 2025 through 2028 is authorized to carry out this section. “(g) Interaction With Other Entities.—The Administrator, in carrying out this section, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and, as appropriate, the unmanned aircraft test ranges established in section 44803 of title 49, United States Code. “(h) Savings Clauses.—Nothing in this section shall be construed to interfere with any of the following activities:“(1) The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49, United States Code, to the maximum extent practicable. “(2) The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable. “(3) The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable. “(4) The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable.”

Unmanned Aircraft Systems and Advanced Air Mobility