§ 40101. Policy

Pub. L. 115–254, div. B, title VI, § 632, Oct. 5, 2018, 132 Stat. 3408, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall establish a collegiate training initiative program relating to unmanned aircraft systems by making new agreements or continuing existing agreements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under which the institutions prepare students for careers involving unmanned aircraft systems. The Administrator may establish standards for the entry of such institutions into the program and for their continued participation in the program. “(b) Unmanned Aircraft System Defined.—In this section, the term ‘unmanned aircraft system’ has the meaning given that term by section 44801 of title 49, United States Code, as added by this Act.”

Cyber Testbed

Pub. L. 115–254, div. B, title VII, § 731, Oct. 5, 2018, 132 Stat. 3411, provided that: “Not later than 6 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall develop an integrated Cyber Testbed for research, development, evaluation, and validation of air traffic control modernization technologies, before they enter the national airspace system, as being compliant with FAA data security regulations. The Cyber Testbed shall be part of an integrated research and development test environment capable of creating, identifying, defending, and solving cybersecurity-related problems for the national airspace system. This integrated test environment shall incorporate integrated test capacities within the FAA related to the national airspace system and NextGen.”

Mitigation of Operational Risks Posed to Certain Military Aircraft by Automatic Dependent Surveillance-Broadcast Equipment

Pub. L. 115–232, div. A, title X, § 1046, Aug. 13, 2018, 132 Stat. 1959, provided that: “(a) In General.—The Secretary of Transportation may not—“(1) directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as ‘ADS-B’) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense; “(2) deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equipment; or “(3) restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment. “(b) Termination.—Subsection (a) shall cease to be effective on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by the Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services. “(c) Rule of Construction.—Nothing in this section may be construed to—“(1) vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law; “(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or “(3) limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace. “(d) Notification Requirement.—The Secretary of Defense shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3). “(e) Definitions.—In this section:“(1) The term ‘appropriate congressional committees’ means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. “(2) The term ‘air traffic control services’ means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information. “(3) The term ‘special mission aircraft’ means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk.”

Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems

Pub. L. 115–91, div. A, title X, § 1092, Dec. 12, 2017, 131 Stat. 1610, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Unmanned Aircraft Joint Training and Usage Plan

Pub. L. 113–66, div. A, title X, § 1075(a), Dec. 26, 2013, 127 Stat. 870, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Interagency Collaboration

Pub. L. 112–239, div. A, title X, § 1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Prohibition on Participation in European Union’s Emissions Trading Scheme

Pub. L. 112–200, Nov. 27, 2012, 126 Stat. 1477, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘European Union Emissions Trading Scheme Prohibition Act of 2011’. “SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS TRADING SCHEME.“(a) In General.—The Secretary of Transportation shall prohibit an operator of a civil aircraft of the United States from participating in the emissions trading scheme unilaterally established by the European Union in EU Directive 2003/87/EC of October 13, 2003, as amended, in any case in which the Secretary determines the prohibition to be, and in a manner that is, in the public interest, taking into account—“(1) the impacts on U.S. consumers, U.S. carriers, and U.S. operators; “(2) the impacts on the economic, energy, and environmental security of the United States; and “(3) the impacts on U.S. foreign relations, including existing international commitments. “(b) Public Hearing.—After determining that a prohibition under this section may be in the public interest, the Secretary must hold a public hearing at least 30 days before imposing any prohibition. “(c) Reassessment of Determination of Public Interest.—The Secretary—“(1) may reassess a determination under subsection (a) that a prohibition under that subsection is in the public interest at any time after making such a determination; and “(2) shall reassess such a determination after—“(A) any amendment by the European Union to the EU Directive referred to in subsection (a); or “(B) the adoption of any international agreement pursuant to section 3(1). [sic] “(C) enactment of a public law or issuance of a final rule after formal agency rulemaking, in the United State[s] to address aircraft emissions. “SEC. 3. NEGOTIATIONS.“(a) In General.—The Secretary of Transportation, the Administrator of the Federal Aviation Administration, and other appropriate officials of the United States Government—“(1) should, as appropriate, use their authority to conduct international negotiations, including using their authority to conduct international negotiations to pursue a worldwide approach to address aircraft emissions, including the environmental impact of aircraft emissions; and “(2) shall, as appropriate and except as provided in subsection (b), take other actions under existing authorities that are in the public interest necessary to hold operators of civil aircraft of the United States harmless from the emissions trading scheme referred to under section 2. “(b) Exclusion of Payment of Taxes and Penalties.—Actions taken under subsection (a)(2) may not include the obligation or expenditure of any amounts in the Airport and Airway Trust Fund established under section 9905 [9502] of the Internal Revenue Code of 1986 [26 U.S.C. 9502], or amounts otherwise made available to the Department of Transportation or any other Federal agency pursuant to appropriations Acts, for the payment of any tax or penalty imposed on an operator of civil aircraft of the United States pursuant to the emissions trading scheme referred to under section 2. “SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES.“In this Act, the term ‘civil aircraft of the United States’ has the meaning given the term under section 40102(a) of title 49, United States Code.”

NextGen Air Transportation System and Air Traffic Control Modernization

Pub. L. 112–95, title II, §§ 201, 202, 211–222, Feb. 14, 2012, 126 Stat. 36, 44–54, as amended by Pub. L. 114–328, div. A, title III, § 341(b), Dec. 23, 2016, 130 Stat. 2081; Pub. L. 115–254, div. B, title V, §§ 503(e), 522(a), Oct. 5, 2018, 132 Stat. 3353, 3363, provided that: “SEC. 201. DEFINITIONS.“In this title [amending sections 106, 40102, 40110, and 40113 of this title, enacting provisions set out as notes under this section and sections 106 and 44506 of this title, and amending provisions set out as notes under this section], the following definitions apply:“(1) Nextgen.—The term ‘NextGen’ means the Next Generation Air Transportation System. “(2) ADS–B.—The term ‘ADS–B’ means automatic dependent surveillance-broadcast. “(3) ADS–B Out.—The term ‘ADS–B Out’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft. “(4) ADS–B In.—The term ‘ADS–B In’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft as well as the ability of the aircraft to receive information from other transmitting aircraft and the ground infrastructure. “(5) RNAV.—The term ‘RNAV’ means area navigation. “(6) RNP.—The term ‘RNP’ means required navigation performance. “[SEC. 202. Repealed. Pub. L. 115–254, div. B, title V, § 503(e), Oct. 5, 2018, 132 Stat. 3353.] “SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.“(a) Review by DOT Inspector General.—“(1) In general.—The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration’s award and oversight of any contracts entered into by the Administration to provide ADS–B services for the national airspace system. “(2) Contents.—The review shall include, at a minimum—“(A) an examination of how the Administration manages program risks; “(B) an assessment of expected benefits attributable to the deployment of ADS–B services, including the Administration’s plans for implementation of advanced operational procedures and air-to-air applications, as well as the extent to which ground radar will be retained; “(C) an assessment of the Administration’s analysis of specific operational benefits, and benefit/costs analyses of planned operational benefits conducted by the Administration, for ADS–B In and ADS–B Out avionics equipage for airspace users; “(D) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor; “(E) an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration’s program for providing ADS–B services; “(F) an assessment of how security issues are being addressed in the overall design and implementation of the ADS–B system; “(G) identification of any potential operational or workforce changes resulting from deployment of ADS–B; and “(H) any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention. “(3) Reports to congress.—The Inspector General shall submit, periodically (and on at least an annual basis), to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this subsection. “[(b) Repealed. Pub. L. 115–254, div. B, title V, § 522(a), Oct. 5, 2018, 132 Stat. 3363.] “(c) Use of ADS–B Technology.—“(1) Plans.—Not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall develop, in consultation with appropriate employee and industry groups, a plan for the use of ADS–B technology for surveillance and active air traffic control. “(2) Contents.—The plan shall—“(A) include provisions to test the use of ADS–B technology for surveillance and active air traffic control in specific regions of the United States with the most congested airspace; “(B) identify the equipment required at air traffic control facilities and the training required for air traffic controllers; “(C) identify procedures, to be developed in consultation with appropriate employee and industry groups, to conduct air traffic management in mixed equipage environments; and “(D) establish a policy in test regions referred to in subparagraph (A), in consultation with appropriate employee and industry groups, to provide incentives for equipage with ADS–B technology, including giving priority to aircraft equipped with such technology before the 2020 equipage deadline. “SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.“(a) Review.—The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the NextGen. “(b) Contents.—At a minimum, the review to be conducted under subsection (a) shall—“(1) highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration; “(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and “(3) determine how risks with automation efforts for the NextGen can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems. “(c) Report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], 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 report containing the results of the review conducted pursuant to subsection (a). “SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.“(a) Operational Evolution Partnership (OEP) Airport Procedures.—“(1) OEP airports report.—Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘qualified third parties’) that includes the following:“(A) RNP/RNAV operations for oep airports.—The required navigation performance and area navigation operations, including the procedures to be developed, certified, and published and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at each of the 35 operational evolution partnership airports identified by the Administration and any medium or small hub airport located within the same metroplex area considered appropriate by the Administrator. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance and area navigation procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used. “(B) Coordination and implementation activities for oep airports.—A description of the activities and operational changes and approvals required to coordinate and utilize the procedures at OEP airports. “(C) Implementation plan for oep airports.—A plan for implementing the procedures for OEP airports under subparagraph (A) that establishes—“(i) clearly defined budget, schedule, project organization, and leadership requirements; “(ii) specific implementation and transition steps; “(iii) baseline and performance metrics for— “(I) measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and “(II) achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance; “(iv) expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics under clause (iii); “(v) coordination and communication mechanisms with qualified third parties, if applicable; “(vi) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; and “(vii) a lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. “(D) Additional procedures for oep airports.—A process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may provide operational benefits at OEP airports, and any medium or small hub airport located within the same metroplex area as the OEP airport, in the future. “(2) Implementation schedule for oep airports.—The Administrator shall certify, publish, and implement—“(A) not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], 30 percent of the required procedures at OEP airports; “(B) not later than 36 months after the date of enactment of this Act, 60 percent of the required procedures at OEP airports; and “(C) before June 30, 2015, 100 percent of the required procedures at OEP airports. “(b) Non-OEP Airports.—“(1) Non-OEP airports report.—Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘qualified third parties’) that includes the following:“(A) RNP operations for non-oep airports.—A list of required navigation performance procedures (as defined in FAA order 8260.52(d)) to be developed, certified, and published, and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at 35 non-OEP small, medium, and large hub airports other than those referred to in subsection (a)(1). The Administrator shall choose such non-OEP airports considered appropriate by the Administrator to produce maximum operational benefits, including improved fuel efficiency and emissions reductions that do not have public RNP procedures that produce such benefits on the date of enactment of this Act. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used. “(B) Coordination and implementation activities for non-oep airports.—A description of the activities and operational changes and approvals required to coordinate and to utilize the procedures required by subparagraph (A) at each of the airports described in such subparagraph. “(C) Implementation plan for non-oep airports.—A plan for implementation of the procedures required by subparagraph (A) that establishes—“(i) clearly defined budget, schedule, project organization, and leadership requirements; “(ii) specific implementation and transition steps; “(iii) coordination and communications mechanisms with qualified third parties; “(iv) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; “(v) baseline and performance metrics for— “(I) measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and “(II) achieving measurable fuel burn and carbon dioxide emissions reduction compared to current performance; “(vi) expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics established under clause (v); “(vii) a description of the software and database information, such as a current version of the Noise Integrated Routing System or the Integrated Noise Model that the Administration will need to make available to qualified third parties to enable those third parties to design procedures that will meet the broad range of requirements of the Administration; and “(viii) lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. “(D) Additional procedures for non-oep airports.—A process for the identification, certification, and publication of additional required navigation performance procedures that may provide operational benefits at non-OEP airports in the future. “(2) Implementation schedule for non-oep airports.—The Administrator shall certify, publish, and implement—“(A) not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], 25 percent of the required procedures for non-OEP airports; “(B) not later than 36 months after the date of enactment of this Act, 50 percent of the required procedures for non-OEP airports; and “(C) before June 30, 2016, 100 percent of the required procedures for non-OEP airports. “(c) Coordinated and Expedited Review.—“(1) In general.—Navigation performance and area navigation procedures developed, certified, published, or implemented under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary circumstances exist with respect to the procedure. “(2) Nextgen procedures.—Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, shall be presumed to have no significant affect on the quality of the human environment and the Administrator shall issue and file a categorical exclusion for the new procedure. “(3) Notifications and consultations.—Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall—“(A) notify and consult with the operator of the airport at which the procedure would be implemented; and “(B) consider consultations or other engagement with the community in the [sic] which the airport is located to inform the public of the procedure. “(4) Review of certain categorical exclusions.—“(A) In general.—The Administrator shall review any decision of the Administrator made on or after February 14, 2012, and before the date of the enactment of this paragraph [Dec. 23, 2016] to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located. “(B) Content of review.—If, in conducting a review under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall—“(i) consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and “(ii) in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed. “(C) Human environment defined.—In this paragraph, the term ‘human environment’ has the meaning given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph). “(d) Deployment Plan for Nationwide Data Communications System.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include—“(1) clearly defined budget, schedule, project organization, and leadership requirements; “(2) specific implementation and transition steps; and “(3) baseline and performance metrics for measuring the Administration’s progress in implementing the plan. “(e) Improved Performance Standards.—“(1) Assessment of work being performed under nextgen implementation plan.—The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine—“(A) whether utilization of ADS–B, RNP, and other technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; and “(B) the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation of such technologies. “(2) Aircraft separation standards.—If the Administrator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards. “(f) Third-Party Usage.—The Administration shall establish a program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of flight procedures. “SEC. 214. PERFORMANCE METRICS.“(a) In General.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with respect to—“(1) actual arrival and departure rates per hour measured against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports; “(2) average gate-to-gate times; “(3) fuel burned between key city pairs; “(4) operations using the advanced navigation procedures, including performance based navigation procedures; “(5) the average distance flown between key city pairs; “(6) the time between pushing back from the gate and taking off; “(7) continuous climb or descent; “(8) average gate arrival delay for all arrivals; “(9) flown versus filed flight times for key city pairs; “(10) implementation of NextGen Implementation Plan, or any successor document, capabilities designed to reduce emissions and fuel consumption; “(11) the Administration’s unit cost of providing air traffic control services; and “(12) runway safety, including runway incursions, operational errors, and loss of standard separation events. “(b) Baselines.—The Administrator, in consultation with aviation industry stakeholders, shall identify baselines for each of the metrics established under subsection (a) and appropriate methods to measure deviations from the baselines. “(c) Publication.—The Administrator shall make data obtained under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administration and other appropriate media. “(d) Report.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—“(1) a description of the metrics that will be used to measure the Administration’s progress in implementing NextGen capabilities and operational results; “(2) information on any additional metrics developed; and “(3) a process for holding the Administration accountable for meeting or exceeding the metrics baselines identified in subsection (b). “SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.“(a) Process for Certification.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a plan to accelerate and streamline the process for certification of NextGen technologies, including—“(1) establishment of updated project plans and timelines; “(2) identification of the specific activities needed to certify NextGen technologies, including the establishment of NextGen technical requirements for the manufacture of equipage, installation of equipage, airline operational procedures, pilot training standards, air traffic control procedures, and air traffic controller training; “(3) identification of staffing requirements for the Air Certification Service and the Flight Standards Service, taking into consideration the leveraging of assistance from third parties and designees; “(4) establishment of a program under which the Administration will use third parties in the certification process; and “(5) establishment of performance metrics to measure the Administration’s progress. “(b) Certification Integrity.—The Administrator shall ensure that equipment, systems, or services used in the national airspace system meet appropriate certification requirements regardless of whether the equipment, system, or service is publically or privately owned. “SEC. 216. SURFACE SYSTEMS ACCELERATION.“(a) In General.—The Chief Operating Officer of the Air Traffic Organization shall—“(1) evaluate the Airport Surface Detection Equipment-Model X program for its potential contribution to implementation of the NextGen initiative; “(2) evaluate airport surveillance technologies and associated collaborative surface management software for potential contributions to implementation of NextGen surface management; “(3) accelerate implementation of the program referred to in paragraph (1); and “(4) carry out such additional duties as the Administrator of the Federal Aviation Administration may require. “(b) Expedited Certification and Utilization.—The Administrator shall—“(1) consider options for expediting the certification of Ground-Based Augmentation System technology; and “(2) develop a plan to utilize such a system at the 35 operational evolution partnership airports by December 31, 2012. “SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.“(a) Process for Employee Inclusion.—Notwithstanding any other law or agreement, the Administrator of the Federal Aviation Administration shall establish a process or processes for including qualified employees selected by each exclusive collective bargaining representative of employees of the Administration impacted by the air traffic control modernization process to serve in a collaborative and expert capacity in the planning and development of air traffic control modernization projects, including NextGen. “(b) Adherence to Deadlines.—Participants in these processes shall adhere, to the greatest extent possible, to all deadlines and milestones established pursuant to this title. “(c) No Change in Employee Status.—Participation in these processes by an employee shall not—“(1) serve as a waiver of any bargaining obligations or rights; “(2) entitle the employee to any additional compensation or benefits with the exception of a per diem, if appropriate; or “(3) entitle the employee to prevent or unduly delay the exercise of management prerogatives. “(d) Working Groups.—Except in extraordinary circumstances, the Administrator shall not pay overtime related to work group participation. “(e) Report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this section. “SEC. 218. AIRSPACE REDESIGN.“(a) Findings.—Congress finds the following:“(1) The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users. “(2) The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009–2013 and the NextGen Implementation Plan. “(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts. “(4) New runways planned for the period of fiscal years 2011 and 2012 will not provide estimated capacity benefits without additional funds. “(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.—“(1) Monitoring.—The Administrator of the Federal Aviation Administration, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia International Airport, shall monitor the noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign. “(2) Report.—Not later than 1 year following the first day of completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to monitoring conducted under paragraph (1). “SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS.“(a) Study.—The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the height and latitudinal and longitudinal locations of guy-wire and free-standing tower obstructions. “(b) Considerations.—In conducting the study, the Administrator shall consult with affected industries and appropriate Federal agencies. “(c) Report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit a report to the appropriate committees of Congress on the results of the study. “SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.“(a) In General.—The Administrator of the Federal Aviation Administration may enter into an agreement, on a competitive basis, to assist in the establishment of a center of excellence for the research and development of NextGen technologies. “(b) Functions.—The Administrator shall ensure that the center established under subsection (a)—“(1) leverages resources and partnerships, including appropriate programs of the Administration, to enhance the research and development of NextGen technologies by academia and industry; and “(2) provides educational, technical, and analytical assistance to the Administration and other Federal departments and agencies with responsibilities to research and develop NextGen technologies. “SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.“(a) In General.—The Secretary may establish an avionics equipage incentive program for the purpose of equipping general aviation and commercial aircraft with communications, surveillance, navigation, and other avionics equipment as determined by the Secretary to be in the interest of achieving NextGen capabilities for such aircraft. “(b) NextGen Public-Private Partnerships.—The incentive program established under subsection (a) shall, at a minimum—“(1) be based on public-private partnership principles; and “(2) leverage and maximize the use of private sector capital. “(c) Financial Instruments.—Subject to the availability of appropriated funds, the Secretary may use financial instruments to facilitate public-private financing for the equipage of general aviation and commercial aircraft registered under section 44103 of title 49, United States Code. To the extent appropriations are not made available, the Secretary may establish the program, provided the costs are covered by the fees and premiums authorized by subsection (d)(2). For purposes of this section, the term ‘financial instruments’ means loan guarantees and other credit assistance designed to leverage and maximize private sector capital. “(d) Protection of the Taxpayer.—“(1) Limitation on principal.—The amount of any guarantee under this program shall be limited to 90 percent of the principal amount of the underlying loan. “(2) Collateral, fees, and premiums.—The Secretary shall require applicants for the incentive program to post collateral and pay such fees and premiums if feasible, as determined by the Secretary, to offset costs to the Government of potential defaults, and agree to performance measures that the Secretary considers necessary and in the best interest of implementing the NextGen program. “(3) Use of funds.—Applications for this program shall be limited to equipment that is installed on general aviation or commercial aircraft and is necessary for communications, surveillance, navigation, or other purposes determined by the Secretary to be in the interests of achieving NextGen capabilities for commercial and general aviation. “(e) Termination of Authority.—The authority of the Secretary to issue such financial instruments under this section shall terminate 5 years after the date of the establishment of the incentive program. “SEC. 222. OPERATIONAL INCENTIVES.“(a) In General.—The Administrator of the Federal Aviation Administration shall issue a report that—“(1) identifies incentive options to encourage the equipage of aircraft with NextGen technologies, including a policy that gives priority to aircraft equipped with ADS–B technology; “(2) identifies the costs and benefits of each option; and “(3) includes input from industry stakeholders, including passenger and cargo air carriers, aerospace manufacturers, and general aviation aircraft operators. “(b) Deadline.—The Administrator shall issue the report before the earlier of—“(1) the date that is 6 months after the date of enactment of this Act [Feb. 14, 2012]; or “(2) the date on which aircraft are required to be equipped with ADS–B technology pursuant to the rulemaking under [former] section 211(b).”

[Pub. L. 115–254, div. B, title V, § 522(b), Oct. 5, 2018, 132 Stat. 3363, provided that: “The Administrator [of the Federal Aviation Administration] shall ensure that any regulation issued pursuant to such subsection [subsec. (b) of section 211 of Pub. L. 112–95, formerly set out above] has no force or effect.” ]

Contingency Planning

Pub. L. 112–95, title II, § 208(d), Feb. 14, 2012, 126 Stat. 43, provided that: “The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism.”

Reports on Status of Greener Skies Project

Pub. L. 112–95, title II, § 225, Feb. 14, 2012, 126 Stat. 55, provided that: “(a) Initial Report.—Not later than 180 days after the date of the enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall submit to Congress a report on the strategy of the Administrator for implementing, on an accelerated basis, the NextGen operational capabilities produced by the Greener Skies project, as recommended in the final report of the RTCA NextGen Mid-Term Implementation Task Force that was issued on September 9, 2009. “(b) Subsequent Reports.—“(1) In general.—Not later than 180 days after the Administrator submits to Congress the report required by subsection (a) and annually thereafter until the pilot program terminates, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the Administrator in carrying out the strategy described in the report submitted under subsection (a). “(2) Contents.—Each report submitted under paragraph (1) shall include the following:“(A) A timeline for full implementation of the strategy described in the report submitted under subsection (a). “(B) A description of the progress made in carrying out such strategy. “(C) A description of the challenges, if any, encountered by the Administrator in carrying out such strategy.”

[For definition of “NextGen” as used in section 225 of Pub. L. 112–95, set out above, see section 201 of Pub. L. 112–95, set out as a note above.]

Unmanned Aircraft Systems

Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Clarification of Requirements for Volunteer Pilots Operating Charitable Medical Flights

Pub. L. 118–63, title VIII, § 830, May 16, 2024, 138 Stat. 1337, provided that: “(a) In General.—“(1) Validity of exemption.—Except as otherwise provided in this subsection, an exemption from section 61.113(c) of title 14, Code of Federal Regulations, that is granted by the Administrator [of the Federal Aviation Administration] for the purpose of allowing a volunteer pilot to accept reimbursement from a volunteer pilot organization for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note) shall be valid for 5 years. “(2) Failing to adhere.—If the Administrator finds an exemption holder under paragraph (1) or a volunteer pilot fails to adhere to the conditions and limitations of the exemption described under such paragraph, the Administrator may rescind or suspend the exemption. “(3) No longer qualifying.—If the Administrator finds that such exemption holder no longer qualifies as a volunteer pilot organization, the Administrator shall rescind such exemption. “(4) Forgoing exemption.—If such exemption holder informs the Administrator that such holder no longer plans to exercise the authority granted by such exemption, the Administrator may rescind such exemption. “(b) Additional Requirements.—“(1) In general.—A volunteer pilot organization may impose additional safety requirements on a volunteer pilot without—“(A) being considered—“(i) an air carrier (as such term is defined in section 40102 of title 49, United States Code); or “(ii) a commercial operator (as such term is defined in section 1.1 of title 14, Code of Federal Regulations); or “(B) constituting common carriage. “(2) Savings clause.—Nothing in this subsection may be construed to limit or otherwise affect the authority of the Administrator to regulate, as appropriate, a flight operation associated with a volunteer pilot organization that constitutes a commercial operation or common carriage. “(c) Reissuance of Existing Exemptions.—In reissuing an expiring exemption described in subsection (a) that was originally issued prior to the date of enactment of this Act [May 16, 2024], the Administrator shall ensure that the reissued exemption—“(1) accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and “(2) is otherwise substantially similar to the previously issued exemption. “(d) Statutory Construction.—Nothing in this section shall be construed to—“(1) affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or “(2) impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—“(A) is not reimbursed the fuel costs and airport fees attributed to a flight operation to provide charitable flights; or “(B) pays a pro rata share of expenses as described in section 61.113(c) of title 14, Code of Federal Regulations. “(e) Definitions.—In this section:“(1) Volunteer pilot.—The term ‘volunteer pilot’ means a person who—“(A) acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and “(B) holds a private pilot certificate, commercial pilot certificate, or an airline transportation pilot certificate issued under part 61 of title 14, Code of Federal Regulations. “(2) Volunteer pilot organization.—The term ‘volunteer pilot organization’ has the meaning given such term in section 821(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”

Pub. L. 112–95, title VIII, § 821, Feb. 14, 2012, 126 Stat. 128, provided that: “(a) Reimbursement of Fuel Costs.—Notwithstanding any other law or regulation, in administering section 61.113(c) of title 14, Code of Federal Regulations (or any successor regulation), the Administrator of the Federal Aviation Administration shall allow an aircraft owner or operator to accept reimbursement from a volunteer pilot organization for the fuel costs associated with a flight operation to provide transportation for an individual or organ for medical purposes (and for other associated individuals), if the aircraft owner or operator has—“(1) volunteered to provide such transportation; and “(2) notified any individual that will be on the flight, at the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same requirements as a commercial flight. “(b) Conditions to Ensure Safety.—The Administrator may impose minimum standards with respect to training and flight hours for single-engine, multi-engine, and turbine-engine operations conducted by an aircraft owner or operator that is being reimbursed for fuel costs by a volunteer pilot organization, including mandating that the pilot in command of such aircraft hold an instrument rating and be current and qualified for the aircraft being flown to ensure the safety of flight operations described in subsection (a). “(c) Volunteer Pilot Organization.—In this section, the term ‘volunteer pilot organization’ means an organization that—“(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code; and “(2) is organized for the primary purpose of providing, arranging, or otherwise fostering charitable medical transportation.”

Interagency Research on Aviation and the Environment

Pub. L. 112–95, title IX, § 909, Feb. 14, 2012, 126 Stat. 141, provided that: “(a) In General.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator, in coordination with NASA and after consultation with other relevant agencies, may maintain a research program to assess the potential effect of aviation activities on the environment and, if warranted, to evaluate approaches to address any such effect. “(b) Research Plan.—“(1) In general.—The Administrator, in coordination with NASA and after consultation with other relevant agencies, shall jointly develop a plan to carry out the research under subsection (a). “(2) Contents.—The plan shall contain an inventory of current interagency research being undertaken in this area, future research objectives, proposed tasks, milestones, and a 5-year budgetary profile. “(3) Requirements.—The plan—“(A) shall be completed not later than 1 year after the date of enactment of this Act [Feb. 14, 2012]; “(B) shall be submitted to Congress for review; and “(C) shall be updated, as appropriate, every 3 years after the initial submission.”

Unmanned Aerial Systems and National Airspace

Pub. L. 112–81, div. A, title X, § 1097, Dec. 31, 2011, 125 Stat. 1608, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Findings

Pub. L. 110–113, § 2, Nov. 8, 2007, 121 Stat. 1039, provided that: “Congress finds the following: “(1) The September 11th Victims Compensation Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001. “(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure [28 U.S.C. App.] effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place. “(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York.”

Revitalization of Aviation and Aeronautics

Pub. L. 108–176, § 4, Dec. 12, 2003, 117 Stat. 2493, provided that: “Congress finds the following: “(1) The United States has revolutionized the way people travel, developing new technologies and aircraft to move people more efficiently and more safely. “(2) Past Federal investment in aeronautics research and development has benefited the economy and national security of the United States and the quality of life of its citizens. “(3) The total impact of civil aviation on the United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national product and 11,000,000 jobs in the national workforce. Civil aviation products and services generate a significant surplus for United States trade accounts, and amount to significant numbers of the Nation’s highly skilled, technologically qualified work force. “(4) Aerospace technologies, products, and services underpin the advanced capabilities of our men and women in uniform and those charged with homeland security. “(5) Future growth in civil aviation increasingly will be constrained by concerns related to aviation system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption. “(6) Revitalization and coordination of the United States efforts to maintain its leadership in aviation and aeronautics are critical and must begin now. “(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States and found that—“(A) aerospace will be at the core of the Nation’s leadership and strength throughout the 21st century; “(B) aerospace will play an integral role in the Nation’s economy, security, and mobility; and “(C) global leadership in aerospace is a national imperative. “(8) Despite the downturn in the global economy, projections of the Federal Aviation Administration indicate that upwards of 1,000,000,000 people will fly annually by 2013. Efforts must begin now to prepare for future growth in the number of airline passengers. “(9) The United States must increase its investment in research and development to revitalize the aviation and aerospace industries, to create jobs, and to provide educational assistance and training to prepare workers in those industries for the future.”

Report on Long-Term Environmental Improvements

Pub. L. 108–176, title III, § 321, Dec. 12, 2003, 117 Stat. 2540, provided that: “(a) In General.—The Secretary of Transportation, in consultation with the Administrator of the National Aeronautics and Space Administration, shall conduct a study of ways to reduce aircraft noise and emissions and to increase aircraft fuel efficiency. The study shall—“(1) explore new operational procedures for aircraft to achieve those goals; “(2) identify both near-term and long-term options to achieve those goals; “(3) identify infrastructure changes that would contribute to attainment of those goals; “(4) identify emerging technologies that might contribute to attainment of those goals; “(5) develop a research plan for application of such emerging technologies, including new combustor and engine design concepts and methodologies for designing high bypass ratio turbofan engines so as to minimize the effects on climate change per unit of production of thrust and flight speed; and “(6) develop an implementation plan for exploiting such emerging technologies to attain those goals. “(b) Report.—The Secretary shall transmit a report on the study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 1 year after the date of enactment of this Act [Dec. 12, 2003]. “(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary $500,000 for fiscal year 2004 to carry out this section.”

Reduction of Noise and Emissions From Civilian Aircraft

Pub. L. 108–176, title III, § 326, Dec. 12, 2003, 117 Stat. 2542, provided that: “(a) Establishment of Research Program.—From amounts made available under section 48102(a) of title 49, United States Code, the Secretary of Transportation shall establish a research program related to reducing community exposure to civilian aircraft noise or emissions through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The program shall include participation by educational and research institutions that have existing facilities for developing and testing noise reduction engine technology. “(b) Designation of Institute as a Center of Excellence.—The Administrator of the Federal Aviation Administration shall designate an institution described in subsection (a) as a Center of Excellence for Noise and Emission Research.”

Air Transportation System Joint Planning and Development Office

Pub. L. 108–176, title VII, § 709, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title II, § 208(a)–(c), Feb. 14, 2012, 126 Stat. 40–43; Pub. L. 115–254, div. B, title V, § 545(b)(1), Oct. 5, 2018, 132 Stat. 3376, provided that: “(a) Establishment.—(1) The Secretary of Transportation shall establish in the Federal Aviation Administration a joint planning and development office to manage work related to the Next Generation Air Transportation System. The office shall be known as the Next Generation Air Transportation System Joint Planning and Development Office (in this section referred to as the ‘Office’). “(2) The head of the Office shall be the Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination, who shall be appointed by the Administrator of the Federal Aviation Administration, with the approval of the Secretary. The Administrator shall appoint the Associate Administrator after consulting with the Chairman of the Next Generation Senior Policy Committee and providing advanced notice to the other members of that Committee. “(3) The responsibilities of the Office shall include—“(A) creating and carrying out an integrated plan for a Next Generation Air Transportation System pursuant to subsection (b); “(B) overseeing research and development on that system; “(C) creating a transition plan for the implementation of that system; “(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective and directed programs that will result in applicable research; “(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical firms; “(F) coordinating the development and utilization of new technologies to ensure that when available, they may be used to their fullest potential in aircraft and in the air traffic control system; “(G) facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sector; “(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Commerce, and the Department of Defense; “(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System planning and development activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the extent practicable in establishing the environmental goals; “(J) working to ensure global interoperability of the Next Generation Air Transportation System; “(K) working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible; “(L) overseeing, with the Administrator and in consultation with the Chief Technology Officer, the selection of products or outcomes of research and development activities that should be moved to a demonstration phase; and “(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation System enterprise architecture requirements. “(4)(A) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments and other Federal agencies. “(B) The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for—“(i) carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5); “(ii) serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; and “(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System. “(C) The head of a Federal agency referred to in subparagraph (B) shall—“(i) ensure that the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B); “(ii) ensure that the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official’s annual performance evaluations and compensation; “(iii) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; and “(iv) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency’s Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b). “(D) Not later than 6 months after the date of enactment of this subparagraph [Feb. 14, 2012], the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity. “(5) In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry. “(6)(A) The Office shall work with the Director of the Office of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program. “(B) The Director of the Office of Management and Budget, to the extent practicable, shall—“(i) ensure that—“(I) each Federal agency covered by the plan has sufficient funds requested in the President’s budget, as submitted under section 1105(a) of title 31, United States Code, for each fiscal year covered by the plan to carry out its responsibilities under the plan; and “(II) the development and implementation of the Next Generation Air Transportation System remains on schedule; “(ii) include, in the President’s budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System; and “(iii) identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget. “(7) The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall be a voting member of the Joint Resources Council of the Federal Aviation Administration. “(b) Integrated Plan.—The integrated plan shall be designed to ensure that the Next Generation Air Transportation System meets anticipated future air transportation safety, security, mobility, efficiency, and capacity needs and accomplishes the goals under subsection (c). The integrated plan shall include—“(1) a national vision statement for an air transportation system capable of meeting potential air traffic demand by 2025; “(2) a description of the demand and the performance characteristics that will be required of the Nation’s future air transportation system, and an explanation of how those characteristics were derived, including the national goals, objectives, and policies the system is designed to further, and the underlying socioeconomic determinants, and associated models and analyses; “(3) a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the characteristics outlined under clause (ii) [(2)], including—“(A) the most significant technical obstacles and the research and development activities necessary to overcome them, including for each project, the role of each Federal agency, corporations, and universities; “(B) the annual anticipated cost of carrying out the research and development activities; and “(C) the technical milestones that will be used to evaluate the activities; “(4) a description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system to meet the vision for 2025; and “(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes—“(A) an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline; “(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System; “(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System’s end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program; “(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity’s responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation phase; “(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implications of not successfully completing a step in the time period described in the integrated work plan; “(F) a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system; “(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); and “(H) a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System. “(c) Goals.—The Next Generation Air Transportation System shall—“(1) improve the level of safety, security, efficiency, quality, and affordability of the National Airspace System and aviation services; “(2) take advantage of data from emerging ground-based and space-based communications, navigation, and surveillance technologies; “(3) integrate data streams from multiple agencies and sources to enable situational awareness and seamless global operations for all appropriate users of the system, including users responsible for civil aviation, homeland security, and national security; “(4) leverage investments in civil aviation, homeland security, and national security and build upon current air traffic management and infrastructure initiatives to meet system performance requirements for all system users; “(5) be scalable to accommodate and encourage substantial growth in domestic and international transportation and anticipate and accommodate continuing technology upgrades and advances; “(6) accommodate a wide range of aircraft operations, including airlines, air taxis, helicopters, general aviation, and unmanned aerial vehicles; and “(7) take into consideration, to the greatest extent practicable, design of airport approach and departure flight paths to reduce exposure of noise and emissions pollution on affected residents. “(d) NextGen Implementation Plan.—The Administrator shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System. “(e) Authorization of Appropriations.—There are authorized to be appropriated to the Office $50,000,000 for each of the fiscal years 2004 through 2010.”

Next Generation Air Transportation Senior Policy Committee

Pub. L. 108–176, title VII, § 710, Dec. 12, 2003, 117 Stat. 2584, as amended by Pub. L. 112–95, title II, § 209, Feb. 14, 2012, 126 Stat. 43, which established a senior policy committee to work with the Next Generation Air Transportation System Joint Planning and Development Office, was repealed by Pub. L. 118–63, title II, § 218(i), May 16, 2024, 138 Stat. 1056. The Committee was to terminate on the date of initial appointment of the members of the advisory committee established under section 439 of Pub. L. 115–254, see section 439(h) of Pub. L. 115–254, set out as a note under section 41705 of this title.

Reimbursement for Losses Incurred by General Aviation Entities

Pub. L. 108–176, title VIII, § 817, Dec. 12, 2003, 117 Stat. 2592, provided that: “(a) In General.—The Secretary of Transportation may make grants to reimburse the following general aviation entities for the security costs incurred and revenue foregone as a result of the restrictions imposed by the Federal Government following the terrorist attacks on the United States that occurred on September 11, 2001:“(1) General aviation entities that operate at Ronald Reagan Washington National Airport. “(2) Airports that are located within 15 miles of Ronald Reagan Washington National Airport and were operating under security restrictions on the date of enactment of this Act [Dec. 12, 2003] and general aviation entities operating at those airports. “(3) General aviation entities affected by implementation of section 44939 of title 49, United States Code. “(4) General aviation entities that were affected by Federal Aviation Administration Notices to Airmen FDC 2/1099 and 3/1862 or section 352 of the Department of Transportation and Related Agencies Appropriations Act, 2003 (Public Law 108–7, division I) [117 Stat. 420], or both. “(5) Sightseeing operations that were not authorized to resume in enhanced class B air space under Federal Aviation Administration notice to airmen 1/1225. “(b) Documentation.—Reimbursement under this section shall be made in accordance with sworn financial statements or other appropriate data submitted by each general aviation entity demonstrating the costs incurred and revenue foregone to the satisfaction of the Secretary. “(c) General Aviation Entity Defined.—In this section, the term ‘general aviation entity’ means any person (other than a scheduled air carrier or foreign air carrier, as such terms are defined in section 40102 of title 49, United States Code) that—“(1) operates nonmilitary aircraft under part 91 of title 14, Code of Federal Regulations, for the purpose of conducting its primary business; “(2) manufactures nonmilitary aircraft with a maximum seating capacity of fewer than 20 passengers or aircraft parts to be used in such aircraft; “(3) provides services necessary for nonmilitary operations under such part 91; or “(4) operates an airport, other than a primary airport (as such terms are defined in such section 40102), that—“(A) is listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of such title; or “(B) is normally open to the public, is located within the confines of enhanced class B airspace (as defined by the Federal Aviation Administration in Notice to Airmen FDC 1/0618), and was closed as a result of an order issued by the Federal Aviation Administration in the period beginning September 11, 2001, and ending January 1, 2002, and remained closed as a result of that order on January 1, 2002. Such term includes fixed based operators, flight schools, manufacturers of general aviation aircraft and products, persons engaged in nonscheduled aviation enterprises, and general aviation independent contractors. “(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $100,000,000. Such sums shall remain available until expended.”

GAO Report on Airlines’ Actions To Improve Finances and on Executive Compensation

Pub. L. 108–176, title VIII, § 826, Dec. 12, 2003, 117 Stat. 2596, provided that: “(a) Finding.—Congress finds that the United States Government has by law provided substantial financial assistance to United States commercial airlines in the form of war risk insurance and reinsurance and other economic benefits and has imposed substantial economic and regulatory burdens on those airlines. In order to determine the economic viability of the domestic commercial airline industry and to evaluate the need for additional measures or the modification of existing laws, Congress needs more frequent information and independently verified information about the financial condition of these airlines. “(b) GAO Report.—Not later than one year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall prepare a report for Congress analyzing the financial condition of the United States airline industry in its efforts to reduce the costs, improve the earnings and profits and balances of each individual air carrier. The report shall recommend steps that the industry should take to become financially self-sufficient. “(c) GAO Authority.—In order to compile the report required by subsection (b), the Comptroller General, or any of the Comptroller General’s duly authorized representatives, shall have access for the purpose of audit and examination to any books, accounts, documents, papers, and records of such air carriers that relate to the information required to compile the report. The Comptroller General shall submit with the report a certification as to whether the Comptroller General has had access to sufficient information to make informed judgments on the matters covered by the report. “(d) Reports to Congress.—The Comptroller General shall transmit the report required by subsection (b) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.”

Mail and Freight Waivers

Pub. L. 107–71, title I, § 127, Nov. 19, 2001, 115 Stat. 632, provided that: “(a) In General.—During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board, may grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or other Federal agency or department) that would permit such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or within a State if the Secretary determines that—“(1) extraordinary air transportation needs or concerns exist; and “(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of the State. “(b) Limitations.—The Secretary may impose reasonable limitations on any such waiver.”

Air Carriers Required To Honor Tickets for Suspended Service

Pub. L. 107–71, title I, § 145, Nov. 19, 2001, 115 Stat. 645, as amended by Pub. L. 108–7, div. I, title III, § 372, Feb. 20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, § 428, Dec. 12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, § 8404, Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title I, § 178, Nov. 30, 2005, 119 Stat. 2427, required each air carrier providing scheduled air transportation on a route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspended, interrupted, or discontinued air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier occurring on or before Nov. 30, 2006.

Relationship of Eligible Crime Victim Compensation Programs to September 11th Victim Compensation Fund

Pub. L. 107–56, title VI, § 622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: “With respect to any compensation payable under title IV of Public Law 107–42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) [now 34 U.S.C. 20102] shall not render that program ineligible for future grants under the Victims of Crime Act of 1984 [34 U.S.C. 20101 et seq.].”

Air Transportation Safety and System Stabilization

Pub. L. 112–10, div. B, title III, § 1347, Apr. 15, 2011, 125 Stat. 124, as amended by Pub. L. 114–113, div. O, title IV, § 402(h), Dec. 18, 2015, 129 Stat. 3007, provided that: “Notwithstanding any other provision of law, in fiscal year 2012 and thereafter payments for costs described in subsection (a) of section 404 of Public Law 107–42, as amended [set out below], shall be considered to be, and included in, payments for compensation for the purposes of sections 406(b) and (d)(1) and (2) of such Act. Costs for payments for compensation for claims in Group A, as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the Victims Compensation Fund established under section 410 of such Act.”