§ 40101. Policy

Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, § 3(e), Nov. 20, 1997, 111 Stat. 2215, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘General Aviation Revitalization Act of 1994’. “SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.“(a) In General.—Except as provided in subsection (b), no civil action for damages for death or injury to persons or damage to property arising out of an accident involving a general aviation aircraft may be brought against the manufacturer of the aircraft or the manufacturer of any new component, system, subassembly, or other part of the aircraft, in its capacity as a manufacturer if the accident occurred—“(1) after the applicable limitation period beginning on—“(A) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or “(B) the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or “(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly, or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the applicable limitation period beginning on the date of completion of the replacement or addition. “(b) Exceptions.—Subsection (a) does not apply—“(1) if the claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from the Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm which the claimant allegedly suffered; “(2) if the person for whose injury or death the claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency; “(3) if the person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident; or “(4) to an action brought under a written warranty enforceable under law but for the operation of this Act. “(c) General Aviation Aircraft Defined.—For the purposes of this Act, the term ‘general aviation aircraft’ means any aircraft for which a type certificate or an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration, which, at the time such certificate was originally issued, had a maximum seating capacity of fewer than 20 passengers, and which was not, at the time of the accident, engaged in scheduled passenger-carrying operations as defined under regulations in effect under part A of subtitle VII of title 49, United States Code, at the time of the accident. “(d) Relationship to Other Laws.—This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be brought after the applicable limitation period for such civil action established by subsection (a). “SEC. 3. OTHER DEFINITIONS.“For purposes of this Act—“(1) the term ‘aircraft’ has the meaning given such term in section 40102(a)(6) of title 49, United States Code; “(2) the term ‘airworthiness certificate’ means an airworthiness certificate issued under section 44704(c)(1) of title 49, United States Code, or under any predecessor Federal statute; “(3) the term ‘limitation period’ means 18 years with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft; and “(4) the term ‘type certificate’ means a type certificate issued under section 44704(a) of title 49, United States Code, or under any predecessor Federal statute. “SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.“(a) Effective Date.—Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act [Aug. 17, 1994]. “(b) Application of Act.—This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act.”

National Commission to Ensure a Strong Competitive Airline Industry

Pub. L. 102–581, title II, § 204, Oct. 31, 1992, 106 Stat. 4891, as amended Pub. L. 103–13, § 1, Apr. 7, 1993, 107 Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Industry to make a complete investigation and study of financial condition of the airline industry, adequacy of competition in the airline industry, and legal impediments to a financially strong and competitive airline industry, to report to President and Congress not later than 90 days after the date on which initial appointments of members to the Commission were completed, and to terminate on the 30th day following transmission of report.

Definitions of Terms in Pub. L. 118–63

Pub. L. 118–63, § 2, May 16, 2024, 138 Stat. 1033, provided that: “In this Act [see Tables for classification]: “(1) Administrator.—Unless otherwise specified, the term ‘Administrator’ means the Administrator of the Federal Aviation Administration. “(2) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. “(3) Comptroller general.—The term ‘Comptroller General’ means the Comptroller General of the United States. “(4) FAA.—The term ‘FAA’ means the Federal Aviation Administration. “(5) Nextgen.—The term ‘NextGen’ means the Next Generation Air Transportation System. “(6) Secretary.—Unless otherwise specified, the term ‘Secretary’ means the Secretary of Transportation.”

Pub. L. 118–63, title X, § 1001, May 16, 2024, 138 Stat. 1386, provided that: “In this title [enacting sections 44813, 44814, and 44520 of this title, amending sections 44501, 44518, 47511, and 48102 of this title, enacting provisions set out as notes under this section and sections 40103, 44501, 44504, 44505, 44701, and 47101 of this title, and amending provisions set out as a note under section 44505 of this title]: “(1) Covered committees of congress.—The term ‘covered committees of Congress’ means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(2) NASA.—The term ‘NASA’ means the National Aeronautics and Space Administration.”

Definitions of Terms in Title I of Div. V of Pub. L. 116–260

Pub. L. 116–260, div. V, title I, § 137, Dec. 27, 2020, 134 Stat. 2360, provided that: “In this title [see Tables for classification]: “(1) Administration; faa.—The terms ‘Administration’ and ‘FAA’ mean the Federal Aviation Administration. “(2) Administrator.—The term ‘Administrator’ means the Administrator of the FAA. “(3) Congressional committees of jurisdiction.—The term ‘congressional committees of jurisdiction’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(4) ICAO.—The term ‘ICAO’ means the International Civil Aviation Organization. “(5) Organization designation authorization.—The term ‘organization designation authorization’ has the same meaning given such term in section 44736(c) of title 49, United States Code. “(6) Transport airplane.—The term ‘transport airplane’ means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane. “(7) Type certificate.—The term ‘type certificate’—“(A) means a type certificate issued pursuant to section 44704(a) of title 49, United States Code, or an amendment to such certificate; and “(B) does not include a supplemental type certificate issued under section 44704(b) of such section.”

Definitions of Terms in Pub. L. 115–254

Pub. L. 115–254, div. B, § 101, Oct. 5, 2018, 132 Stat. 3199, provided that: “In this division [see Tables for classification], the term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”

Pub. L. 115–254, div. B, title IV, § 401, Oct. 5, 2018, 132 Stat. 3328, provided that: “In this title [see Tables for classification]: “(1) Covered air carrier.—The term ‘covered air carrier’ means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code. “(2) Online service.—The term ‘online service’ means any service available over the internet, or that connects to the internet or a wide-area network. “(3) Ticket agent.—The term ‘ticket agent’ has the meaning given the term in section 40102 of title 49, United States Code.”

Pub. L. 115–254, div. B, title V, § 501, Oct. 5, 2018, 132 Stat. 3350, provided that: “In this title [see Tables for classification], the following definitions apply: “(1) Administration.—The term ‘Administration’ means the Federal Aviation Administration. “(2) Administrator.—The term ‘Administrator’ means the Administrator of the FAA. “(3) ADS–B.—The term ‘ADS–B’ means automatic dependent surveillance-broadcast. “(4) 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. “(5) FAA.—The term ‘FAA’ means the Federal Aviation Administration. “(6) Nextgen.—The term ‘NextGen’ means the Next Generation Air Transportation System.”

Pub. L. 115–254, div. B, title VII, § 702, Oct. 5, 2018, 132 Stat. 3409, provided that: “In this title [see Short Title of 2018 Amendment note set out above], the following definitions apply: “(1) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration. “(2) FAA.—The term ‘FAA’ means the Federal Aviation Administration. “(3) NASA.—The term ‘NASA’ means the National Aeronautics and Space Administration. “(4) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.”

Definition of Term in Pub. L. 114–190

Pub. L. 114–190, § 2, July 15, 2016, 130 Stat. 617, provided that: “In this Act [see Tables for classification], unless expressly provided otherwise, the term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”

Definitions of Terms in Title II of Pub. L. 112–95

Pub. L. 112–95, title IX, § 902, Feb. 14, 2012, 126 Stat. 138, provided that: “In this title [amending sections 44504, 44505, 44511, 44513, and 48102 of this title, enacting provisions set out as notes under this section and sections 44501, 44504, 44505, and 44513 of this title, and amending provisions set out as notes under section 44504 of this title], the following definitions apply: “(1) Administrator.—The term ‘Administrator’ means the Administrator of the FAA. “(2) FAA.—The term ‘FAA’ means the Federal Aviation Administration. “(3) Institution of higher education.—The term ‘institution of higher education’ has the same meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). “(4) NASA.—The term ‘NASA’ means the National Aeronautics and Space Administration. “(5) NOAA.—The term ‘NOAA’ means the National Oceanic and Atmospheric Administration.”

Definitions of Terms in Pub. L. 107–71

For definitions of terms used in sections 127 and 145 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.

Executive Documents

Ex. Ord. No. 13479. Transformation of the National Air Transportation System

Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to establish and maintain a national air transportation system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United States, including through effective implementation of the Next Generation Air Transportation System (NextGen).

Sec. 2. Definitions. As used in this order the term “Next Generation Air Transportation System” means the system to which section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) (Act) refers.

Sec. 3. Functions of the Secretary of Transportation. Consistent with sections 709 and 710 of the Act and the policy set forth in section 1 of this order, the Secretary of Transportation shall:

(a) take such action within the authority of the Secretary, and recommend as appropriate to the President such action as is within the authority of the President, to implement the policy set forth in section 1 of this order and in particular to implement the NextGen in a safe, secure, timely, environmentally sound, efficient, and effective manner;

(b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section 1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee);

(c) not later than 60 days after the date of this order, establish within the Department of Transportation a support staff (Staff), including employees from departments and agencies assigned pursuant to subsection 4(e) of this order, to support, as directed by the Secretary, the Secretary and the Committee in the performance of their duties relating to the policy set forth in section 1 of this order; and

(d) not later than 180 days after the date of this order, establish an advisory committee to provide advice to the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set forth in section 1 of this order, including aviation-related subjects and any related performance measures specified by the Secretary, pursuant to section 710 of the Act.

Sec. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth in section 1 of this order:

(a) the Secretary of Defense shall assist the Secretary of Transportation by:

(i) collaborating, as appropriate, and verifying that the NextGen meets the national defense needs of the United States consistent with the policies and plans established under applicable Presidential guidance; and

(ii) furnishing, as appropriate, data streams to integrate national defense capabilities of the United States civil and military systems relating to the national air transportation system, and coordinating the development of requirements and capabilities to address tracking and other activities relating to non-cooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate;

(b) the Secretary of Commerce shall:

(i) develop and make available, as appropriate, the capabilities of the Department of Commerce, including those relating to aviation weather and spectrum management, to support the NextGen; and

(ii) take appropriate account of the needs of the NextGen in the trade, commerce, and other activities of the Department of Commerce, including those relating to the development and setting of standards;

(c) the Secretary of Homeland Security shall assist the Secretary of Transportation by ensuring that:

(i) the NextGen includes the aviation-related security capabilities necessary to ensure the security of persons, property, and activities within the national air transportation system consistent with the policies and plans established under applicable Presidential guidance; and

(ii) the Department of Homeland Security shall continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate;

(d) the Administrator of the National Aeronautics and Space Administration shall carry out the Administrator’s duties under Executive Order 13419 of December 20, 2006, in a manner consistent with that order and the policy set forth in section 1 of this order;

(e) the heads of executive departments and agencies shall provide to the Secretary of Transportation such information and assistance, including personnel and other resources for the Staff to which subsection 3(c) of this order refers, as may be necessary and appropriate to implement this order as agreed to by the heads of the departments and agencies involved; and

(f) the Director of the Office of Management and Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order.

Sec. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified in section 710 of the Act, the Committee shall:

(a) report not less often than every 2 years to the President, through the Secretary of Transportation, on progress made and projected to implement the policy set forth in section 1 of this order, together with such recommendations including performance measures for administrative or other action as the Committee determines appropriate;

(b) review the proposals by the heads of executive departments and agencies to the Director of the Office of Management and Budget with respect to programs affecting the policy set forth in section 1 of this order, and make recommendations including performance measures thereon, through the Secretary of Transportation, to the Director; and

(c) advise the Secretary of Transportation and, through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Security, and the Administrator of the National Aeronautics and Space Administration, with respect to the activities of their departments and agencies in the implementation of the policy set forth in section 1 of this order.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.