-CITE-

49 USC CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-MISC1-

Sec.

44501. Plans and policy.

44502. General facilities and personnel authority.

44503. Reducing nonessential expenditures.

44504. Improved aircraft, aircraft engines, propellers, and

appliances.

44505. Systems, procedures, facilities, and devices.

44506. Air traffic controllers.

44507. Civil aeromedical research.

44508. Research advisory committee.

44509. Demonstration projects.

44510. Airway science curriculum grants.

44511. Aviation research grants.

44512. Catastrophic failure prevention research grants.

44513. Regional centers of air transportation excellence.

44514. Flight service stations.

44515. Advanced training facilities for maintenance

technicians for air carrier aircraft.

44516. Human factors program.

AMENDMENTS

2000 - Pub. L. 106-181, title VII, Sec. 713(c), Apr. 5, 2000, 114

Stat. 161, added item 44516.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 106, 46316 of this title.

-End-

-CITE-

49 USC Sec. 44501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44501. Plans and policy

-STATUTE-

(a) Long Range Plans and Policy Requirements. - The Administrator

of the Federal Aviation Administration shall make long range plans

and policy for the orderly development and use of the navigable

airspace, and the orderly development and location of air

navigation facilities, that will best meet the needs of, and serve

the interests of, civil aeronautics and the national defense,

except for needs of the armed forces that are peculiar to air

warfare and primarily of military concern.

(b) Airway Capital Investment Plan. - The Administrator of the

Federal Aviation Administration shall review, revise, and publish a

national airways system plan, known as the Airway Capital

Investment Plan, before the beginning of each fiscal year. The plan

shall set forth -

(1) for a 10-year period, the research, engineering, and

development programs and the facilities and equipment that the

Administrator considers necessary for a system of airways, air

traffic services, and navigation aids that will -

(A) meet the forecasted needs of civil aeronautics;

(B) meet the requirements that the Secretary of Defense

establishes for the support of the national defense; and

(C) provide the highest degree of safety in air commerce;

(2) for the first and 2d years of the plan, detailed annual

estimates of -

(A) the number, type, location, and cost of acquiring,

operating, and maintaining required facilities and services;

(B) the cost of research, engineering, and development

required to improve safety, system capacity, and efficiency;

and

(C) personnel levels required for the activities described in

subclauses (A) and (B) of this clause;

(3) for the 3d, 4th, and 5th years of the plan, estimates of

the total cost of each major program for the 3-year period, and

additional major research programs, acquisition of systems and

facilities, and changes in personnel levels that may be required

to meet long range objectives and that may have significant

impact on future funding requirements; and

(4) a 10-year investment plan that considers long range

objectives that the Administrator considers necessary to -

(A) ensure that safety is given the highest priority in

providing for a safe and efficient airway system; and

(B) meet the current and projected growth of aviation and the

requirements of interstate commerce, the United States Postal

Service, and the national defense.

(c) National Aviation Research Plan. - (1) The Administrator of

the Federal Aviation Administration shall prepare and publish

annually a national aviation research plan and submit the plan to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Science of the House of

Representatives. The plan shall be submitted not later than the

date of submission of the President's budget to Congress.

(2)(A) The plan shall describe, for a 5-year period, the

research, engineering, and development that the Administrator of

the Federal Aviation Administration considers necessary -

(i) to ensure the continued capacity, safety, and efficiency of

aviation in the United States, considering emerging technologies

and forecasted needs of civil aeronautics; and

(ii) to provide the highest degree of safety in air travel.

(B) The plan shall -

(i) provide estimates by year of the schedule, cost, and work

force levels for each active and planned major research and

development project under sections 40119, 44504, 44505, 44507,

44509, 44511-44513, and 44912 of this title, including activities

carried out under cooperative agreements with other Federal

departments and agencies;

(ii) specify the goals and the priorities for allocation of

resources among the major categories of research and development

activities, including the rationale for the priorities

identified;

(iii) identify the allocation of resources among long-term

research, near-term research, and development activities;

(iv) identify the individual research and development projects

in each funding category that are described in the annual budget

request;

(v) highlight the research and development activities that

address specific recommendations of the research advisory

committee established under section 44508 of this title, and

document the recommendations of the committee that are not

accepted, specifying the reasons for nonacceptance; and

(vi) highlight the research and development technology transfer

activities that promote technology sharing among government,

industry, and academia through the Stevenson-Wydler Technology

Innovation Act of 1980.

(3) Subject to section 40119(b) of this title and regulations

prescribed under section 40119(b), the Administrator of the Federal

Aviation Administration shall submit to the committees named in

paragraph (1) of this subsection an annual report on the

accomplishments of the research completed during the prior fiscal

year, including a description of the dissemination to the private

sector of research results and a description of any new

technologies developed. The report shall be submitted with the plan

required under paragraph (1) and be organized to allow comparison

with the plan in effect for the prior fiscal year. The report shall

be prepared in accordance with requirements of section 1116 of

title 31.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1173; Pub. L.

104-264, title XI, Sec. 1105, Oct. 9, 1996, 110 Stat. 3279; Pub. L.

104-287, Sec. 5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L.

106-181, title IX, Sec. 902(a), Apr. 5, 2000, 114 Stat. 195.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44501(a) 49 App.:1353(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 312(a), 72

Stat. 752.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44501(b) 49 App.:2203(b). Sept. 3, 1982, Pub. L.

97-248, Sec. 504(b), 96

Stat. 675; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9105(a), 104 Stat. 1388-355;

Oct. 31, 1992, Pub. L.

102-581, Sec. 114, 106 Stat.

4881.

44501(c) 49 App.:1353(d). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

312(d); added Nov. 3, 1988,

Pub. L. 100-591, Sec. 4(a),

102 Stat. 3011.

--------------------------------------------------------------------

In subsection (a), the word "Administrator" in section 312(a) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 752)

is retained on authority of 49:106(g). The words "air navigation

facilities" are substituted for "landing areas, Federal airways,

radar installations and all other aids and facilities for air

navigation" because of the definition of "air navigation facility"

in section 40102(a) of the revised title. The words "the armed

forces" are substituted for "military agencies" because of 10:101.

In subsection (b), before clause (1), the words "the requirements

of" are omitted as surplus. The text of 49 App.:2203(b) (1st

sentence) is omitted as executed. The words "thereafter" and "For

fiscal year 1991 and thereafter" are omitted as obsolete. In

clauses (2)(C) and (3), the word "personnel" is substituted for

"manpower" for consistency in the revised title. In clause (2)(C),

the word "all" is omitted as surplus.

In subsection (c), before clause (1), the word "completed" is

omitted as surplus.

In subsection (d)(1), the words "review, revise" are omitted as

surplus. The word "annually" is substituted for "for fiscal year

1990, and for each fiscal year thereafter" to eliminate obsolete

language.

In subsection (d)(2)(B), before clause (i), the words "an

appropriation" are substituted for "funding", and in clause (ii),

the word "appropriations" is substituted for "funding", for clarity

and consistency in the revised title and with other titles of the

United States Code.

In subsection (d)(3), the words "beginning with the date of

transmission of the first aviation research plan as required by

paragraph (1)" are omitted as obsolete.

-REFTEXT-

REFERENCES IN TEXT

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (c)(2)(B)(vi), is Pub. L. 96-480, Oct. 21, 1980, 94

Stat. 2311, as amended, which is classified generally to chapter 63

(Sec. 3701 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 3701 of Title 15 and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (c)(2)(B)(iv) to (vi). Pub. L. 106-181, Sec.

902(a)(1), added cls. (iv) and (vi) and redesignated former cl.

(iv) as (v).

Subsec. (c)(3). Pub. L. 106-181, Sec. 902(a)(2), inserted at end

"The report shall be prepared in accordance with requirements of

section 1116 of title 31."

1996 - Subsec. (c)(1). Pub. L. 104-287 substituted "Committee on

Science" for "Committee on Science, Space, and Technology".

Subsec. (c)(2)(A). Pub. L. 104-264, Sec. 1105(1), substituted

"5-year period" for "15-year period".

Subsec. (c)(2)(B). Pub. L. 104-264, Sec. 1105(2), amended subpar.

(B) generally. Prior to amendment, subpar. (B) set out the

requirements for research plans including specific requirements for

the first two years of the plan, for the 3rd, 4th, and 5th years,

and for the 6th and subsequent years.

Subsec. (c)(3). Pub. L. 104-264, Sec. 1105(3), inserted ",

including a description of the dissemination to the private sector

of research results and a description of any new technologies

developed" after "during the prior fiscal year".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44938, 48101 of this

title.

-End-

-CITE-

49 USC Sec. 44502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44502. General facilities and personnel authority

-STATUTE-

(a) General Authority. - (1) The Administrator of the Federal

Aviation Administration may -

(A) acquire, establish, improve, operate, and maintain air

navigation facilities; and

(B) provide facilities and personnel to regulate and protect

air traffic.

(2) The cost of site preparation work associated with acquiring,

establishing, or improving an air navigation facility under

paragraph (1)(A) of this subsection shall be charged to amounts

available for that purpose appropriated under section 48101(a) of

this title. The Secretary of Transportation may make an agreement

with an airport owner or sponsor (as defined in section 47102 of

this title) so that the owner or sponsor will provide the work and

be paid or reimbursed by the Secretary from the appropriated

amounts.

(3) The Secretary of Transportation may authorize a department,

agency, or instrumentality of the United States Government to carry

out any duty or power under this subsection with the consent of the

head of the department, agency, or instrumentality.

(4) Purchase of instrument landing system. -

(A) Establishment of program. - The Secretary shall purchase

precision approach instrument landing system equipment for

installation at airports on an expedited basis.

(B) Authorization. - No less than $30,000,000 of the amounts

appropriated under section 48101(a) for each of fiscal years 2000

through 2002 shall be used for the purpose of carrying out this

paragraph, including acquisition under new or existing contracts,

site preparation work, installation, and related expenditures.

(5) Improvements on leased properties. - The Administrator may

make improvements to real property leased for no or nominal

consideration for an air navigation facility, regardless of whether

the cost of making the improvements exceeds the cost of leasing the

real property, if -

(A) the improvements primarily benefit the Government;

(B) the improvements are essential for accomplishment of the

mission of the Federal Aviation Administration; and

(C) the interest of the United States Government in the

improvements is protected.

(b) Certification of Necessity. - Except for Government money

expended under this part or for a military purpose, Government

money may be expended to acquire, establish, construct, operate,

repair, alter, or maintain an air navigation facility only if the

Administrator of the Federal Aviation Administration certifies in

writing that the facility is reasonably necessary for use in air

commerce or for the national defense. An interested person may

apply for a certificate for a facility to be acquired, established,

constructed, operated, repaired, altered, or maintained by or for

the person.

(c) Ensuring Conformity With Plans and Policies. - (1) To ensure

conformity with plans and policies for, and allocation of, airspace

by the Administrator of the Federal Aviation Administration under

section 40103(b)(1) of this title, a military airport, military

landing area, or missile or rocket site may be acquired,

established, or constructed, or a runway may be altered

substantially, only if the Administrator of the Federal Aviation

Administration is given reasonable prior notice so that the

Administrator of the Federal Aviation Administration may advise the

appropriate committees of Congress and interested departments,

agencies, and instrumentalities of the Government on the effect of

the acquisition, establishment, construction, or alteration on the

use of airspace by aircraft. A disagreement between the

Administrator of the Federal Aviation Administration and the

Secretary of Defense or the Administrator of the National

Aeronautics and Space Administration may be appealed to the

President for a final decision.

(2) To ensure conformity, an airport or landing area not

involving the expenditure of Government money may be established or

constructed, or a runway may be altered substantially, only if the

Administrator of the Federal Aviation Administration is given

reasonable prior notice so that the Administrator may provide

advice on the effects of the establishment, construction, or

alteration on the use of airspace by aircraft.

(d) Public Use and Emergency Assistance. - (1) The head of a

department, agency, or instrumentality of the Government having

jurisdiction over an air navigation facility owned or operated by

the Government may provide, under regulations the head of the

department, agency, or instrumentality prescribes, for public use

of the facility.

(2) The head of a department, agency, or instrumentality of the

Government having jurisdiction over an airport or emergency landing

field owned or operated by the Government may provide, under

regulations the head of the department, agency, or instrumentality

prescribes, for assistance, and the sale of fuel, oil, equipment,

and supplies, to an aircraft, but only when necessary, because of

an emergency, to allow the aircraft to continue to the nearest

airport operated by private enterprise. The head of the department,

agency, or instrumentality shall provide for the assistance and

sale at the prevailing local fair market value as determined by the

head of the department, agency, or instrumentality. An amount that

the head decides is equal to the cost of the assistance provided

and the fuel, oil, equipment, and supplies sold shall be credited

to the appropriation from which the cost was paid. The balance

shall be credited to miscellaneous receipts.

(e) Transfers of Instrument Landing Systems. - An airport may

transfer, without consideration, to the Administrator of the

Federal Aviation Administration an instrument landing system (and

associated approach lighting equipment and runway visual range

equipment) that conforms to performance specifications of the

Administrator if a Government airport aid program, airport

development aid program, or airport improvement project grant was

used to assist in purchasing the system. The Administrator shall

accept the system and operate and maintain it under criteria of the

Administrator.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1175; Pub. L.

103-305, title I, Sec. 120(a), Aug. 23, 1994, 108 Stat. 1581; Pub.

L. 103-429, Sec. 6(54), Oct. 31, 1994, 108 Stat. 4385; Pub. L.

104-287, Sec. 5(75), Oct. 11, 1996, 110 Stat. 3396; Pub. L.

106-181, title I, Sec. 153, title VII, Sec. 712, Apr. 5, 2000, 114

Stat. 87, 160.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44502(a)(1) 49 App.:1348(b) Aug. 23, 1958, Pub. L.

(1st sentence less 85-726, Sec. 307(b) (1st

cl. (3)). sentence less cl. (3), 2d

sentence), 72 Stat. 750;

Jan. 12, 1983, Pub. L.

97-449, Sec. 4(c), 96 Stat.

2442.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44502(a)(2) 49 App.:2205(a)(3). Sept. 3, 1982, Pub. L.

97-248, Sec. 506(a)(3), 96

Stat. 677; Dec. 30, 1987,

Pub. L. 100-223, Sec.

105(a)(1), (g)(1), 101 Stat.

1489, 1494.

44502(a)(3) 49 App.:1348(b) (2d

sentence).

44502(b) 49 App.:1349(a) Aug. 23, 1958, Pub. L.

(1st, 2d sentences). 85-726, Secs. 308(a) (1st,

2d sentences), (b), 309,

1107, 72 Stat. 750, 751, 798.

49 App.:1655(c)(1).

44502(c)(1) 49 App.:1349(b).

49 App.:1655(c)(1).

44502(c)(2) 49 App.:1350.

49 App.:1655(c)(1).

44502(d) 49 App.:1507.

44502(e) 49 App.:1743. Aug. 11, 1959, Pub. L.

86-154, 73 Stat. 333.

44502(f) 49 App.:2205 Nov. 21, 1989, Pub. L.

(notes). 101-164, Sec. 331, 103 Stat.

1097.

Nov. 5, 1990, Pub. L.

101-516, Sec. 324, 104 Stat.

2182.

Oct. 28, 1991, Pub. L.

102-143, Sec. 324, 105 Stat.

943.

Oct. 6, 1992, Pub. L.

102-388, Sec. 324, 106 Stat.

1547.

--------------------------------------------------------------------

In this section, the words "department, agency, or

instrumentality of the United States Government" are substituted

for "Federal department or agency" in 49 App.:1348(b), "agencies"

in 49 App.:1349(b), and "department or other agency" and

"Government department or other agency" in 49 App.:1507 for

consistency in the revised title and with other titles of the

United States Code.

In subsections (a)(1), (b), and (c), the word "Administrator" in

sections 303(c) (1st sentence), 307(b), 308(a) (1st and 2d

sentences) and (b), and 309 of the Federal Aviation Act of 1958

(Public Law 85-726, 72 Stat. 750, 751) is retained on authority of

49:106(g).

In subsection (a)(1), before clause (A), the words "within the

limits of available appropriations made by the Congress" are

omitted as surplus. In clause (A), the words "wherever necessary"

are omitted as surplus. In clause (B), the word "necessary" is

omitted as surplus.

In subsection (a)(2), the words "by the Secretary" and "to the

Secretary" are omitted as surplus. The last sentence is substituted

for 49 App.:2205(a)(3) (last sentence) to eliminate unnecessary

words.

In subsection (a)(3), the words "subject to such regulations,

supervision, and review as he may prescribe" are omitted because of

49:322(a). The words "from time to time make such provision as he

shall deem appropriate" are omitted as surplus. The words "duty or

power" are substituted for "function" for consistency in the

revised title and with other titles of the Code. The words "the

head of" are added for clarity and consistency.

In subsection (b), the words "(whether or not in cooperation with

State or other local governmental agencies)" and "thereon" are

omitted as surplus. The words "landing area" are omitted as being

included in the definition of "air navigation facility" in section

40102(a) of the revised title. The words "recommendation and" are

omitted as surplus. The words "under regulations prescribed by him"

are omitted because of 49:322(a). The word "proposed" is omitted as

surplus. The word "acquired" is added for consistency in this

subsection.

In subsection (c)(1), the words "In order", "layout", and "In

case of . . . the matter" are omitted as surplus. The words

"Secretary of Defense" are substituted for "Department of Defense"

because of 10:133(a). The words "the Administrator of" are added

because of 42:2472(a).

In subsection (c)(2), the word "layout" is omitted as surplus.

The words "pursuant to regulations prescribed by him" are omitted

because of 49:322(a). The words "the establishment, building, or

alteration" are substituted for "such construction" for clarity and

consistency in this section.

In subsection (d)(1), the words "under such conditions and to

such extent as . . . deems advisable and" are omitted as surplus.

The word "provide" is substituted for "be made available", and the

words "of the facility" are added, for clarity.

In subsection (d)(2), the words "All amounts received under this

subsection shall be covered into the Treasury" are omitted because

of 31:3302(b). The words "services, shelter . . . other" and "if

any" are omitted as surplus.

In subsection (e), the words "or compact" are omitted as surplus.

The words "or States" are omitted because of 1:1. The text of 49

App.:1743 (last sentence) is omitted as surplus.

In subsection (f), the words "Notwithstanding any other provision

of law" and "thereafter" are omitted as surplus.

PUB. L. 103-429

This amends 49:44502(b) to clarify the restatement of 49

App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5,

1994 (Public Law 103-272, 108 Stat. 1175).

PUB. L. 104-287, SEC. 5(75)(A)

This amends 49:44502(c)(1) to correct an error in the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 1175).

PUB. L. 104-287, SEC. 5(75)(B)

This strikes 49:44502(e) and redesignates 49:44502(f) as

49:44502(e) because of the restatement of former 49:44502(e) as

49:40121.

AMENDMENTS

2000 - Subsec. (a)(4)(B). Pub. L. 106-181, Sec. 153, substituted

"each of fiscal years 2000 through 2002" for "each of fiscal years

1995 and 1996" and inserted "under new or existing contracts" after

"including acquisition".

Subsec. (a)(5). Pub. L. 106-181, Sec. 712, added par. (5).

1996 - Subsec. (c)(1). Pub. L. 104-287, Sec. 5(75)(A),

substituted "To ensure" for "To ensure that".

Subsecs. (e), (f). Pub. L. 104-287, Sec. 5(75)(B), redesignated

subsec. (f) as (e) and struck out former subsec. (e) which read as

follows:

"(e) Consent of Congress. - Congress consents to a State making

an agreement, not in conflict with a law of the United States, with

another State to develop or operate an airport facility."

1994 - Subsec. (a)(4). Pub. L. 103-305 added par. (4).

Subsec. (b). Pub. L. 103-429 inserted "Government" before "money

may be expended".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

ENHANCED VISION TECHNOLOGIES

Pub. L. 106-181, title I, Sec. 124, Apr. 5, 2000, 114 Stat. 75,

provided that:

"(a) Study. - The Administrator [of the Federal Aviation

Administration] shall enter into a cooperative research and

development agreement to study the benefits of utilizing enhanced

vision technologies to replace, enhance, or add to conventional

airport approach and runway lighting systems.

"(b) Report. - Not later than 180 days after the date of the

enactment of this Act [Apr. 5, 2000], the Administrator shall

transmit to Congress a progress report on the work accomplished

under the cooperative agreements detailing the evaluations

performed to determine the potential of enhanced vision technology

to meet the operational requirements of the intended application.

"(c) Certification. - Not later than 180 days after the

conclusion of work under the research agreements, the Administrator

shall transmit to Congress a report on the potential of enhanced

vision technology to satisfy the operational requirements of the

Federal Aviation Administration and a schedule for the development

of performance standards for certification appropriate to the

application of the enhanced vision technologies. If the

Administrator certifies an enhanced vision technology as meeting

such performance standards, the technology shall be treated as a

navigation aid or other aid for purposes of section 47102(3)(B)(i)

of title 49, United States Code."

TRANSFER BY AIRPORTS OF INSTRUMENT LANDING SYSTEMS AND ASSOCIATED

EQUIPMENT TO FEDERAL AVIATION ADMINISTRATION

Pub. L. 107-87, title III, Sec. 313, Dec. 18, 2001, 115 Stat.

858, provided that: "Notwithstanding any other provision of law,

airports may transfer, without consideration, to the Federal

Aviation Administration (FAA) instrument landing systems (along

with associated approach lighting equipment and runway visual range

equipment) which conform to FAA design and performance

specifications, the purchase of which was assisted by a Federal

airport-aid program, airport development aid program or airport

improvement program grant: Provided, That, the Federal Aviation

Administration shall accept such equipment, which shall thereafter

be operated and maintained by FAA in accordance with agency

criteria."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-346, Sec. 101(a) [title III, Sec. 314], Oct. 23,

2000, 114 Stat. 1356, 1356A-27.

Pub. L. 106-69, title III, Sec. 314, Oct. 9, 1999, 113 Stat.

1018.

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 314], Oct.

21, 1998, 112 Stat. 2681-439, 2681-468.

Pub. L. 105-66, title III, Sec. 314, Oct. 27, 1997, 111 Stat.

1443.

Pub. L. 104-205, title III, Sec. 314, Sept. 30, 1996, 110 Stat.

2971.

Pub. L. 104-50, title III, Sec. 317, Nov. 15, 1995, 109 Stat.

455.

Pub. L. 103-331, title III, Sec. 317, Sept. 30, 1994, 108 Stat.

2491, repealed by Pub. L. 104-287, Sec. 7(4), Oct. 11, 1996, 110

Stat. 3400.

COST SAVINGS ASSOCIATED WITH PURCHASE

Section 120(b) of Pub. L. 103-305 provided that: "Notwithstanding

other provisions of law or regulations to the contrary, the

Administrator [of the Federal Aviation Administration] shall

establish, within 120 days after the date of the enactment of this

Act [Aug. 23, 1994], a process through which airport sponsors may

take advantage of cost savings associated with the purchase and

installation of instrument landing systems, along with associated

equipment, under existing or future Federal Aviation Administration

contracts. The process established by the Administrator may provide

for the direct reimbursement (including administrative costs) of

the Administrator by an airport sponsor using grants funds under

subchapter I of chapter 471 of subtitle VII of title 49, United

States Code, relating to airport improvement, for the ordering of

such equipment and installation or for the direct ordering of such

equipment and installation by an airport sponsor, using such grant

funds, from the suppliers with which the Administrator has

contracted."

GRANDFATHER PROVISION FOR FAA DEMONSTRATION PROJECT

Pub. L. 103-260, title IV, Sec. 401, May 26, 1994, 108 Stat. 702,

provided that:

"(a) In general. - Notwithstanding the termination of the

personnel demonstration project for certain Federal Aviation

Administration employees on June 17, 1994, pursuant to section 4703

of title 5, United States Code, the Federal Aviation

Administration, subject to subsection (d), shall continue to pay

quarterly retention allowance payments in accordance with

subsection (b) to those employees who are entitled to quarterly

retention allowance payments under the demonstration project as of

June 16, 1994.

"(b) Computation Rules. -

"(1) In general. - The amount of each quarterly retention

allowance payment to which an employee is entitled under

subsection (a) shall be the amount of the last quarterly

retention allowance payment paid to such employee under the

personnel demonstration project prior to June 17, 1994, reduced

by that portion of the amount of any increase in the employee's

annual rate of basic pay subsequent to June 17, 1994, from any

source, which is allocable to the quarter for which the allowance

is to be paid (or, if applicable, to that portion of the quarter

for which the allowance is to be paid). For purposes of the

preceding sentence, the increase in an employee's annual rate of

basic pay includes -

"(A) any increase under section 5303 of title 5, United

States Code;

"(B) any increase in locality-based comparability payments

under section 5304 of such title 5 (except if, or to the extent

that, such increase is offset by a reduction of an interim

geographic adjustment under section 302 of the Federal

Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note));

"(C) any establishment or increase in a special rate of pay

under section 5305 of such title 5;

"(D) any increase in basic pay pursuant to a promotion under

section 5334 of such title 5;

"(E) any periodic step-increase under section 5335 of such

title 5;

"(F) any additional step-increase under section 5336 of such

title 5; and

"(G) any other increase in annual rate of basic pay under any

other provision of law.

"(2) Section rule. - In the case of an employee on leave

without pay or other similar status for any part of the quarter

prior to June 17, 1994, based on which the amount of the

allowance payments for such employee under subsection (a) are

computed, the 'amount of the last quarterly retention allowance

payment paid to such employee under the personnel demonstration

project prior to June 17, 1994' shall, for purposes of paragraph

(1), be deemed to be the amount of the allowance which would have

been payable to such employee for such quarter under such project

had such employee been in pay status throughout such quarter.

"(c) Termination. - An employee's entitlement to quarterly

retention allowance payments under this section shall cease when -

"(1) the amount of such allowance is reduced to zero under

subsection (b), or

"(2) the employee separates or moves to a position in which the

employee would not, prior to June 17, 1994, have been entitled to

receive an allowance under the demonstration project,

whichever is earlier.

"(d) Special Payment Rule. - The Administrator of the Federal

Aviation Administration may make payment for the costs incurred

under the program established by subsection (a) for the period

between June 18, 1994, and September 30, 1994, following the end of

the first full pay period that begins on or after October 1, 1994,

subject to appropriations made available in fiscal year 1995.

"(e) Study of Recruitment and Retention Incentives. - The

Administrator of the Federal Aviation Administration shall conduct

a study of impediments that may exist to achieving appropriate air

traffic controller staffing levels at hard-to-staff facilities. In

conducting such study, the Administrator shall identify and

evaluate the extent to which special incentives, of a financial or

non-financial nature, could be useful in recruiting or retaining

air traffic controllers at such facilities. The Administrator shall

submit to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Public Works and Transportation of

the House of Representatives not later than 180 days after the date

of enactment of this Act [May 26, 1994] a report on (1) the results

of such study, (2) planned administrative actions, and (3) any

recommended legislation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301, 48101, 48104,

50101, 50102, 50105 of this title.

-End-

-CITE-

49 USC Sec. 44503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44503. Reducing nonessential expenditures

-STATUTE-

The Secretary of Transportation shall attempt to reduce the

capital, operating, maintenance, and administrative costs of the

national airport and airway system to the maximum extent

practicable consistent with the highest degree of aviation safety.

At least annually, the Secretary shall consult with and consider

the recommendations of users of the system on ways to reduce

nonessential expenditures of the United States Government for

aviation. The Secretary shall give particular attention to a

recommendation that may reduce, with no adverse effect on safety,

future personnel requirements and costs to the Government required

to be recovered from user charges.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1176.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44503 49 App.:1704. July 12, 1976, Pub. L.

94-353, Sec. 25, 90 Stat.

885.

--------------------------------------------------------------------

The words "in accordance with this section" and "due" are omitted

as surplus. The word "personnel" is substituted for "manpower" for

consistency in the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44504. Improved aircraft, aircraft engines, propellers, and

appliances

-STATUTE-

(a) Developmental Work and Service Testing. - The Administrator

of the Federal Aviation Administration may conduct or supervise

developmental work and service testing to improve aircraft,

aircraft engines, propellers, and appliances.

(b) Research. - The Administrator shall conduct or supervise

research -

(1) to develop technologies and analyze information to predict

the effects of aircraft design, maintenance, testing, wear, and

fatigue on the life of aircraft, including nonstructural aircraft

systems, and air safety;

(2) to develop methods of analyzing and improving aircraft

maintenance technology and practices, including nondestructive

evaluation of aircraft structures;

(3) to assess the fire and smoke resistance of aircraft

material;

(4) to develop improved fire and smoke resistant material for

aircraft interiors;

(5) to develop and improve fire and smoke containment systems

for inflight aircraft fires;

(6) to develop advanced aircraft fuels with low flammability

and technologies that will contain aircraft fuels to minimize

post-crash fire hazards; and

(7) to develop technologies and methods to assess the risk of

and prevent defects, failures, and malfunctions of products,

parts, processes, and articles manufactured for use in aircraft,

aircraft engines, propellers, and appliances that could result in

a catastrophic failure of an aircraft.

(c) Authority To Buy Items Offering Special Advantages. - In

carrying out this section, the Administrator, by negotiation or

otherwise, may buy or exchange experimental aircraft, aircraft

engines, propellers, and appliances that the Administrator decides

may offer special advantages to aeronautics.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1176; Pub. L.

106-181, title IX, Sec. 904, Apr. 5, 2000, 114 Stat. 196.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44504(a) 49 App.:1353(b) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, Sec. 312(b) (1st,

last sentences), 72 Stat.

752.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44504(b) 49 App.:1353(b) (2d Aug. 23, 1958, Pub. L.

sentence). 85-726, 72 Stat. 731, Sec.

312(b) (2d sentence); added

Nov. 3, 1988, Pub. L.

100-591, Sec. 2, 102 Stat.

3011; Nov. 5, 1990, Pub. L.

101-508, Sec. 9208(a), 104

Stat. 1388-376.

44504(c) 49 App.:1353(b)

(last sentence)

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, the word "Administrator" in section 312(b) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 752)

is retained on authority of 49:106(g).

In subsection (a), the words "to improve" are substituted for

"such . . . as tends to the creation of improved" to eliminate

unnecessary words.

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-181 inserted ", including

nonstructural aircraft systems," after "life of aircraft".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

SPECIALTY METALS CONSORTIUM

Pub. L. 106-181, title VII, Sec. 742, Apr. 5, 2000, 114 Stat.

175, provided that:

"(a) In General. - The Administrator [of the Federal Aviation

Administration] may work with a consortium of domestic metal

producers and aircraft engine manufacturers to improve the quality

of turbine engine materials and to address melting technology

enhancements.

"(b) Report. - Not later than 6 months after entering into an

agreement with a consortium described in subsection (a), the

Administrator shall transmit to Congress a report on the goals and

efforts of the consortium."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44501, 44508, 48102 of

this title.

-End-

-CITE-

49 USC Sec. 44505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44505. Systems, procedures, facilities, and devices

-STATUTE-

(a) General Requirements. - (1) The Administrator of the Federal

Aviation Administration shall -

(A) develop, alter, test, and evaluate systems, procedures,

facilities, and devices, and define their performance

characteristics, to meet the needs for safe and efficient

navigation and traffic control of civil and military aviation,

except for needs of the armed forces that are peculiar to air

warfare and primarily of military concern; and

(B) select systems, procedures, facilities, and devices that

will best serve those needs and promote maximum coordination of

air traffic control and air defense systems.

(2) The Administrator may make contracts to carry out this

subsection without regard to section 3324(a) and (b) of title 31.

(3) When a substantial question exists under paragraph (1) of

this subsection about whether a matter is of primary concern to the

armed forces, the Administrator shall decide whether the

Administrator or the Secretary of the appropriate military

department has responsibility. The Administrator shall be given

technical information related to each research and development

project of the armed forces that potentially applies to, or

potentially conflicts with, the common system to ensure that

potential application to the common system is considered properly

and that potential conflicts with the system are eliminated.

(b) Research on Human Factors and Simulation Models. - The

Administrator shall conduct or supervise research -

(1) to develop a better understanding of the relationship

between human factors and aviation accidents and between human

factors and air safety;

(2) to enhance air traffic controller, mechanic, and flight

crew performance;

(3) to develop a human-factor analysis of the hazards

associated with new technologies to be used by air traffic

controllers, mechanics, and flight crews;

(4) to identify innovative and effective corrective measures

for human errors that adversely affect air safety; and

(5) to develop dynamic simulation models of the air traffic

control system and airport design and operating procedures that

will provide analytical technology -

(A) to predict airport and air traffic control safety and

capacity problems;

(B) to evaluate planned research projects; and

(C) to test proposed revisions in airport and air traffic

control operations programs.

(c) Research on Developing and Maintaining a Safe and Efficient

System. - The Administrator shall conduct or supervise research on

-

(1) airspace and airport planning and design;

(2) airport capacity enhancement techniques;

(3) human performance in the air transportation environment;

(4) aviation safety and security;

(5) the supply of trained air transportation personnel,

including pilots and mechanics; and

(6) other aviation issues related to developing and maintaining

a safe and efficient air transportation system.

(d) Cooperative Agreements. - The Administrator may enter into

cooperative agreements on a cost-shared basis with Federal and

non-Federal entities that the Administrator may select in order to

conduct, encourage, and promote aviation research, engineering, and

development, including the development of prototypes and

demonstration models.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1177; Pub. L.

103-305, title III, Sec. 307, Aug. 23, 1994, 108 Stat. 1593.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44505(a)(1) 49 App.:1353(c) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, Sec. 312(c) (1st,

5th-last sentences), 72

Stat. 752.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44505(a)(2) 49 App.:1353(c)

(5th sentence).

49 App.:1655(c)(1).

44505(a)(3) 49 App.:1353(c)

(6th, last

sentences).

49 App.:1655(c)(1).

44505(b) 49 App.:1353(c) Aug. 23, 1958, Pub. L.

(2d, 3d sentences). 85-726, 72 Stat. 731, Sec.

312(c) (2d, 3d sentences);

added Nov. 3, 1988, Pub. L.

100-591, Sec. 3, 102 Stat.

3011.

44505(c) 49 App.:1353(c) Aug. 23, 1958, Pub. L.

(4th sentence). 85-726, 72 Stat. 731, Sec.

312(c) (4th sentence); added

Nov. 5, 1990, Pub. L.

101-508, Sec. 9209(c), 104

Stat. 1388-378.

--------------------------------------------------------------------

In this section, the word "Administrator" in section 312(c) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 752)

is retained on authority of 49:106(g).

In subsection (a)(1) and (3), the words "the armed forces" are

substituted for "military agencies" and "the military" because of

the definition of "armed forces" in 10:101.

In subsection (a)(3), the words "military department" are

substituted for "military agency" because of the definition of

"military department" in 10:101. The words "the needs of" and "to

the maximum extent necessary" are omitted as surplus.

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-305 added subsec. (d).

USE OF RECYCLED MATERIALS

Pub. L. 106-181, title I, Sec. 157, Apr. 5, 2000, 114 Stat. 89,

provided that:

"(a) Study. - The Administrator [of the Federal Aviation

Administration] shall conduct a study of the use of recycled

materials (including recycled pavements, waste materials, and

byproducts) in pavement used for runways, taxiways, and aprons and

the specification standards in tests necessary for the use of

recycled materials in such pavement. The primary focus of the study

shall be on the long-term physical performance, safety

implications, and environmental benefits of using recycled

materials in aviation pavement.

"(b) Contracting. - The Administrator may carry out the study by

entering into a contract with a university of higher education with

expertise necessary to carry out the study.

"(c) Report. - Not later than 1 year after the date of the

enactment of this Act [Apr. 5, 2000], the Administrator shall

transmit to Congress a report on the results of the study, together

with recommendations concerning the use of recycled materials in

aviation pavement.

"(d) Funding. - Of the amounts appropriated pursuant to section

106(k) of title 49, United States Code, not to exceed $1,500,000

may be used to carry out this section."

AIRFIELD PAVEMENT CONDITIONS

Pub. L. 106-181, title I, Sec. 160, Apr. 5, 2000, 114 Stat. 90,

provided that:

"(a) Evaluation of Options. - The Administrator [of the Federal

Aviation Administration] shall evaluate options for improving the

quality of information available to the Federal Aviation

Administration on airfield pavement conditions for airports that

are part of the national air transportation system, including -

"(1) improving the existing runway condition information

contained in the airport safety data program by reviewing and

revising rating criteria and providing increased training for

inspectors;

"(2) requiring such airports to submit pavement condition index

information as part of their airport master plan or as support in

applications for airport improvement grants; and

"(3) requiring all such airports to submit pavement condition

index information on a regular basis and using this information

to create a pavement condition database that could be used in

evaluating the cost-effectiveness of project applications and

forecasting anticipated pavement needs.

"(b) Report to Congress. - Not later than 12 months after the

date of the enactment of this Act [Apr. 5, 2000], the Administrator

shall transmit a report containing an evaluation of the options

described in subsection (a) to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Transportation and Infrastructure."

PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC MODERNIZATION

PROJECTS

Pub. L. 106-181, title III, Sec. 304, Apr. 5, 2000, 114 Stat.

122, provided that:

"(a) Purpose. - It is the purpose of this section to improve

aviation safety and enhance mobility of the Nation's air

transportation system by encouraging non-Federal investment on a

pilot program basis in critical air traffic control facilities and

equipment.

"(b) In General. - Subject to the requirements of this section,

the Secretary [of Transportation] shall carry out a pilot program

under which the Secretary may make grants to project sponsors for

not more than 10 eligible projects.

"(c) Federal Share. - The Federal share of the cost of an

eligible project carried out under the program shall not exceed 33

percent. The non-Federal share of the cost of an eligible project

shall be provided from non-Federal sources, including revenues

collected pursuant to section 40117 of title 49, United States

Code.

"(d) Limitation on Grant Amounts. - No eligible project may

receive more than $15,000,000 under the program.

"(e) Funding. - The Secretary shall use amounts appropriated

under section 48101(a) of title 49, United States Code, for fiscal

years 2001 through 2003 to carry out the program.

"(f) Definitions. - In this section, the following definitions

apply:

"(1) Eligible project. - The term 'eligible project' means a

project relating to the Nation's air traffic control system that

is certified or approved by the Administrator [of the Federal

Aviation Administration] and that promotes safety, efficiency, or

mobility. Such projects may include -

"(A) airport-specific air traffic facilities and equipment,

including local area augmentation systems, instrument landings

systems, weather and wind shear detection equipment, lighting

improvements, and control towers;

"(B) automation tools to effect improvements in airport

capacity, including passive final approach spacing tools and

traffic management advisory equipment; and

"(C) facilities and equipment that enhance airspace control

procedures, including consolidation of terminal radar control

facilities and equipment, or assist in en route surveillance,

including oceanic and offshore flight tracking.

"(2) Project sponsor. - The term 'project sponsor' means a

public-use airport or a joint venture between a public-use

airport and one or more air carriers.

"(g) Transfers of Equipment. - Notwithstanding any other

provision of law, project sponsors may transfer, without

consideration, to the Federal Aviation Administration, facilities,

equipment, and automation tools, the purchase of which was assisted

by a grant made under this section. The Administration shall accept

such facilities, equipment, and automation tools, which shall

thereafter be operated and maintained by the Administration in

accordance with criteria of the Administration.

"(h) Guidelines. - Not later than 90 days after the date of the

enactment of this Act [Apr. 5, 2000], the Administrator shall issue

advisory guidelines on the implementation of the program."

AIRCRAFT DISPATCHERS

Pub. L. 106-181, title V, Sec. 516, Apr. 5, 2000, 114 Stat. 145,

provided that:

"(a) Study. - The Administrator [of the Federal Aviation

Administration] shall conduct a study of the role of aircraft

dispatchers in enhancing aviation safety.

"(b) Contents. - The study shall include an assessment of whether

or not aircraft dispatchers should be required for those operations

not presently requiring aircraft dispatcher assistance, operational

control issues related to the aircraft dispatching functions, and

whether or not designation of positions within the Federal Aviation

Administration for oversight of dispatchers would enhance aviation

safety.

"(c) Report. - Not later than 1 year after the date of the

enactment of this Act [Apr. 5, 2000], the Administrator shall

transmit to Congress a report on the results of the study conducted

under this section."

OCCUPATIONAL INJURIES OF AIRPORT WORKERS

Pub. L. 106-181, title V, Sec. 520, Apr. 5, 2000, 114 Stat. 149,

provided that:

"(a) Study. - The Administrator [of the Federal Aviation

Administration] shall conduct a study to determine the number of

persons working at airports who are injured or killed as a result

of being struck by a moving vehicle while on an airport tarmac, the

seriousness of the injuries to such persons, and whether or not

reflective safety vests or other actions should be required to

enhance the safety of such workers.

"(b) Report. - Not later than 1 year after the date of the

enactment of this Act [Apr. 5, 2000], the Administrator shall

transmit to Congress a report on the results of the study conducted

under this section."

ALKALI SILICA REACTIVITY DISTRESS

Pub. L. 106-181, title VII, Sec. 743, Apr. 5, 2000, 114 Stat.

175, provided that:

"(a) In General. - The Administrator [of the Federal Aviation

Administration] may conduct a study on the impact of alkali silica

reactivity distress on airport runways and taxiways and the use of

lithium salts and other alternatives for mitigation and prevention

of such distress. The study shall include a determination based on

in-the-field inspections followed by petrographic analysis or other

similar techniques.

"(b) Authority To Make Grants. - The Administrator may carry out

the study by making a grant to, or entering into a cooperative

agreement with, a nonprofit organization for the conduct of all or

a part of the study.

"(c) Report. - Not later than 18 months after the date of

initiation of the study under subsection (a), the Administrator

shall transmit to Congress a report on the results of the study."

RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS

Pub. L. 106-181, title IX, Sec. 905, Apr. 5, 2000, 114 Stat. 196,

provided that: "The Administrator [of the Federal Aviation

Administration] shall consider awards to nonprofit concrete

pavement research foundations to improve the design, construction,

rehabilitation, and repair of rigid concrete airfield pavements to

aid in the development of safer, more cost-effective, and durable

airfield pavements. The Administrator may use a grant or

cooperative agreement for this purpose. Nothing in this section

shall require the Administrator to prioritize an airfield pavement

research program above safety, security, Flight 21, environment, or

energy research programs."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44501, 44508, 48102 of

this title.

-End-

-CITE-

49 USC Sec. 44506 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44506. Air traffic controllers

-STATUTE-

(a) Research on Effect of Automation on Performance. - To develop

the means necessary to establish appropriate selection criteria and

training methodologies for the next generation of air traffic

controllers, the Administrator of the Federal Aviation

Administration shall conduct research to study the effect of

automation on the performance of the next generation of air traffic

controllers and the air traffic control system. The research shall

include investigating -

(1) methods for improving and accelerating future air traffic

controller training through the application of advanced training

techniques, including the use of simulation technology;

(2) the role of automation in the air traffic control system

and its physical and psychological effects on air traffic

controllers;

(3) the attributes and aptitudes needed to function well in a

highly automated air traffic control system and the development

of appropriate testing methods for identifying individuals with

those attributes and aptitudes;

(4) innovative methods for training potential air traffic

controllers to enhance the benefits of automation and maximize

the effectiveness of the air traffic control system; and

(5) new technologies and procedures for exploiting automated

communication systems, including Mode S Transponders, to improve

information transfers between air traffic controllers and

aircraft pilots.

(b) Research on Human Factor Aspects of Automation. - The

Administrators of the Federal Aviation Administration and National

Aeronautics and Space Administration may make an agreement for the

use of the National Aeronautics and Space Administration's unique

human factor facilities and expertise in conducting research

activities to study the human factor aspects of the highly

automated environment for the next generation of air traffic

controllers. The research activities shall include investigating -

(1) human perceptual capabilities and the effect of

computer-aided decision making on the workload and performance of

air traffic controllers;

(2) information management techniques for advanced air traffic

control display systems; and

(3) air traffic controller workload and performance measures,

including the development of predictive models.

(c) Collegiate Training Initiative. - (1) The Administrator of

the Federal Aviation Administration may maintain the Collegiate

Training Initiative program by making new agreements and continuing

existing agreements with institutions of higher education (as

defined by the Administrator) under which the institutions prepare

students for the position of air traffic controller with the

Department of Transportation (as defined in section 2109 of title

5). The Administrator may establish standards for the entry of

institutions into the program and for their continued

participation.

(2)(A) The Administrator of the Federal Aviation Administration

may appoint an individual who has successfully completed a course

of training in a program described in paragraph (1) of this

subsection to the position of air traffic controller

noncompetitively in the excepted service (as defined in section

2103 of title 5). An individual appointed under this paragraph

serves at the pleasure of the Administrator, subject to section

7511 of title 5. However, an appointment under this paragraph may

be converted from one in the excepted service to a career

conditional or career appointment in the competitive civil service

(as defined in section 2102 of title 5) when the individual

achieves full performance level air traffic controller status, as

decided by the Administrator.

(B) The authority under subparagraph (A) of this paragraph to

make appointments in the excepted service expires on October 6,

1997, except that the Administrator of the Federal Aviation

Administration may extend the authority for one or more successive

one-year periods.

(d) Staffing Report. - The Administrator of the Federal Aviation

Administration shall submit annually 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 -

(1) the staffing standards used to determine the number of air

traffic controllers needed to operate the air traffic control

system of the United States;

(2) a 3-year projection of the number of controllers needed to

be employed to operate the system to meet the standards; and

(3) a detailed plan for employing the controllers, including

projected budget requests.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1178; Pub. L.

104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44506(a), 49 App.:1353 (note). Nov. 3, 1988, Pub. L.

(b) 100-591, Sec. 8(a)-(c), 102

Stat. 3015; Nov. 17, 1988,

Pub. L. 100-685, Secs.

601-603, 102 Stat. 4102.

44506(c) 49 App.:1348a. Oct. 6, 1992, Pub. L.

102-388, Sec. 362, 106 Stat.

1560.

44506(d) 49 App.:1348 (note). Oct. 31, 1992, Pub. L.

102-581, Sec. 120, 106 Stat.

4884.

--------------------------------------------------------------------

In subsections (a) and (b), the text of section 8(a) and (b)(3)

of the Aviation Safety Research Act of 1988 (Public Law 100-581,

102 Stat. 3015, 3016) and sections 601 and 602(3) of the National

Aeronautics and Space Administration Authorization Act, Fiscal Year

1989 (Public Law 100-685, 102 Stat. 4102, 4103) is omitted as

executed.

In subsection (c), the words "institutions of higher education"

are substituted for "post-secondary educational institutions" for

consistency in the revised title.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-287 substituted "Transportation

and Infrastructure" for "Public Works and Transportation".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 48102 of this title.

-End-

-CITE-

49 USC Sec. 44507 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44507. Civil aeromedical research

-STATUTE-

The Civil Aeromedical Institute established by section 106(j) of

this title may -

(1) conduct civil aeromedical research, including research

related to -

(A) the protection and survival of aircraft occupants;

(B) medical accident investigation and airman medical

certification;

(C) toxicology and the effects of drugs on human performance;

(D) the impact of disease and disability on human

performance;

(E) vision and its relationship to human performance and

equipment design;

(F) human factors of flight crews, air traffic controllers,

mechanics, inspectors, airway facility technicians, and other

individuals involved in operating and maintaining aircraft and

air traffic control equipment; and

(G) agency work force optimization, including training,

equipment design, reduction of errors, and identification of

candidate tasks for automation;

(2) make comments to the Administrator of the Federal Aviation

Administration on human factors aspects of proposed air safety

regulations;

(3) make comments to the Administrator on human factors aspects

of proposed training programs, equipment requirements, standards,

and procedures for aviation personnel;

(4) advise, assist, and represent the Federal Aviation

Administration in the human factors aspects of joint projects

between the Administration and the National Aeronautics and Space

Administration, other departments, agencies, and

instrumentalities of the United States Government, industry, and

governments of foreign countries; and

(5) provide medical consultation services to the Administrator

about medical certification of airmen.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1179.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44507 49 App.:1353(e). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

312(e); added Nov. 3, 1988,

Pub. L. 100-591, Sec. 5(b),

102 Stat. 3013.

--------------------------------------------------------------------

In clause (4), the words "departments, agencies, and

instrumentalities of the United States Government" are substituted

for "Government agencies" for consistency in the revised title and

with other titles of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44501, 44508, 48102

of this title.

-End-

-CITE-

49 USC Sec. 44508 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44508. Research advisory committee

-STATUTE-

(a) Establishment and Duties. - (1) There is a research advisory

committee in the Federal Aviation Administration. The committee

shall -

(A) provide advice and recommendations to the Administrator of

the Federal Aviation Administration about needs, objectives,

plans, approaches, content, and accomplishments of the aviation

research program carried out under sections 40119, 44504, 44505,

44507, 44511-44513, and 44912 of this title;

(B) assist in ensuring that the research is coordinated with

similar research being conducted outside the Administration;

(C) review the operations of the regional centers of air

transportation excellence established under section 44513 of this

title; and

(D) annually review the allocation made by the Administrator of

the amounts authorized by section 48102(a) of this title among

the major categories of research and development activities

carried out by the Administration and provide advice and

recommendations to the Administrator on whether such allocation

is appropriate to meet the needs and objectives identified under

subparagraph (A).

(2) The Administrator may establish subordinate committees to

provide advice on specific areas of research conducted under

sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of this

title.

(b) Members, Chairman, Pay, and Expenses. - (1) The committee is

composed of not more than 30 members appointed by the Administrator

from among individuals who are not employees of the Administration

and who are specially qualified to serve on the committee because

of their education, training, or experience. In appointing members

of the committee, the Administrator shall ensure that the regional

centers of air transportation excellence, universities,

corporations, associations, consumers, and other departments,

agencies, and instrumentalities of the United States Government are

represented.

(2) The Administrator shall designate the chairman of the

committee.

(3) A member of the committee serves without pay. However, the

Administrator may allow a member, when attending meetings of the

committee or a subordinate committee, expenses as authorized under

section 5703 of title 5.

(c) Support Staff, Information, and Services. - The Administrator

shall provide support staff for the committee. On request of the

committee, the Administrator shall provide information,

administrative services, and supplies that the Administrator

considers necessary for the committee to carry out its duties and

powers.

(d) Nonapplication. - Section 14 of the Federal Advisory

Committee Act (5 App. U.S.C.) does not apply to the committee.

(e) Use and Limitation of Amounts. - (1) Not more than .1 percent

of the amounts made available to conduct research under sections

40119, 44504, 44505, 44507, 44511-44513, and 44912 of this title

may be used by the Administrator to carry out this section.

(2) A limitation on amounts available for obligation by or for

the committee does not apply to amounts made available to carry out

this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1180; Pub. L.

104-264, title XI, Sec. 1104, Oct. 9, 1996, 110 Stat. 3279.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44508(a)(1) 49 App.:1353(f)(1), Aug. 23, 1958, Pub. L.

(2). 85-726, 72 Stat. 731, Sec.

312(f); added Nov. 3, 1988,

Pub. L. 100-591, Sec. 6, 102

Stat. 3013; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9209(b), 104 Stat. 1388-377.

44508(a)(2) 49 App.:1353(f)(6)

(last sentence).

44508(b) 49

App.:1353(f)(3)-(5).

44508(c) 49 App.:1353(f)(6)

(1st sentence), (7).

44508(d) 49 App.:1353(f)(8).

44508(e) 49 App.:1353(f)(9).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "There is a"

are substituted for "Not later than 180 days after November 3,

1988, the Administrator shall establish" to eliminate obsolete

words. In clause (C), the words "operations of" are substituted for

"research and training to be carried out by" for consistency with

section 44513 of the revised title.

In subsection (a)(2), the words "to the advisory committee" are

omitted as surplus.

In subsection (b)(1), the words "departments, agencies, and

instrumentalities" are substituted for "agencies" for consistency

in the revised title and with other titles of the United States

Code.

In subsection (b)(3), the words "travel or transportation" are

omitted as surplus.

In subsection (e), the words "for fiscal years beginning after

September 30, 1988" are omitted as obsolete.

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (d), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1)(D). Pub. L. 104-264 added subpar. (D).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44501, 48102 of this

title.

-End-

-CITE-

49 USC Sec. 44509 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44509. Demonstration projects

-STATUTE-

The Secretary of Transportation may carry out under this chapter

demonstration projects that the Secretary considers necessary for

research and development activities under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1181.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44509 49 App.:2205(b)(1). Sept. 3, 1982, Pub. L.

97-248, Sec. 506(b)(1), 96

Stat. 678; restated Dec. 30,

1987, Pub. L. 100-223, Sec.

105(b)(1), 101 Stat. 1490.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44501, 48102, 50101,

50102, 50105 of this title; title 26 section 4261.

-End-

-CITE-

49 USC Sec. 44510 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44510. Airway science curriculum grants

-STATUTE-

(a) General Authority. - The Administrator of the Federal

Aviation Administration may make competitive grant agreements with

institutions of higher education having airway science curricula

for the United States Government's share of the allowable direct

costs of the following categories of items to the extent that the

items are in support of airway science curricula:

(1) the construction, purchase, or lease with an option to

purchase, of buildings and associated facilities.

(2) instructional material and equipment.

(b) Cost Guidelines. - The Administrator shall establish

guidelines to determine the direct costs allowable under a grant to

be made under this section. The Government's share of the allowable

cost of a project assisted by a grant under this section may not be

more than 65 percent.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1181.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44510(a) 49 App.:1354a (1st Nov. 5, 1990, Pub. L.

sentence). 101-516, (1st sentence last

proviso, 3d, last sentences

in par. under heading

"Facilities and Equipment"),

104 Stat. 2160.

Oct. 28, 1991, Pub. L.

102-143, (1st sentence last

proviso, 3d, last sentences

in par. under heading

"Facilities and Equipment"),

105 Stat. 922.

Oct. 6, 1992, Pub. L.

102-388, (1st sentence last

proviso, 3d, last sentences

in par. under heading

"Facilities and Equipment"),

106 Stat. 1525.

44510(b) 49 App.:1354a (3d,

last sentences).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "With

appropriations made for the Airway Science Program, as authorized

below in this section" are omitted as unnecessary because of

section 48106 of the revised title.

In subsection (b), the proviso is omitted as executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 48106 of this title.

-End-

-CITE-

49 USC Sec. 44511 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44511. Aviation research grants

-STATUTE-

(a) General Authority. - The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education and nonprofit research organizations to conduct aviation

research in areas the Administrator considers necessary for the

long-term growth of civil aviation.

(b) Applications. - An institution of higher education or

nonprofit research organization interested in receiving a grant

under this section may submit an application to the Administrator.

The application must be in the form and contain the information the

Administrator requires.

(c) Solicitation, Review, and Evaluation Process. - The

Administrator shall establish a solicitation, review, and

evaluation process that ensures -

(1) providing grants under this section for proposals having

adequate merit and relevancy to the mission of the

Administration;

(2) a fair geographical distribution of grants under this

section; and

(3) the inclusion of historically black institutions of higher

education and other minority nonprofit research organizations for

grant consideration under this section.

(d) Records. - Each person receiving a grant under this section

shall maintain records that the Administrator requires as being

necessary to facilitate an effective audit and evaluation of the

use of money provided under the grant.

(e) Annual Report. - The Administrator shall submit an annual

report to the Committee on Science of the House of Representatives

and the Committee on Commerce, Science, and Transportation of the

Senate on carrying out this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1181; Pub. L.

104-287, Sec. 5(74), Oct. 11, 1996, 110 Stat. 3396.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44511 49 App.:1353(g). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

312(g); added Nov. 5, 1990,

Pub. L. 101-508, Sec.

9205(a), 104 Stat. 1388-373.

--------------------------------------------------------------------

In this section, the words "institutions of higher education" and

"institution of higher education" are substituted for "colleges,

universities", "university, college", and "colleges and

universities" for consistency in the revised title.

In subsection (c), the words "providing grants" are substituted

for "the funding", the word "grants" is substituted for "grant

funds", and the words "grant consideration" are substituted for

"funding consideration", for consistency in the revised title.

In subsection (d), the words "money provided under the grant" are

substituted for "grant funds" for consistency.

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-287 substituted "Committee on

Science" for "Committee on Science, Space, and Technology".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44501, 44508, 48102,

50103 of this title.

-End-

-CITE-

49 USC Sec. 44512 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44512. Catastrophic failure prevention research grants

-STATUTE-

(a) General Authority. - The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education and nonprofit research organizations -

(1) to conduct aviation research related to the development of

technologies and methods to assess the risk of, and prevent,

defects, failures, and malfunctions of products, parts,

processes, and articles manufactured for use in aircraft,

aircraft engines, propellers, and appliances that could result in

a catastrophic failure of an aircraft; and

(2) to establish centers of excellence for continuing the

research.

(b) Solicitation, Application, Review, and Evaluation Process. -

The Administrator shall establish a solicitation, application,

review, and evaluation process that ensures providing grants under

this section for proposals having adequate merit and relevancy to

the research described in subsection (a) of this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1182.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44512 49 App.:1353(h). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

312(h); added Nov. 5, 1990,

Pub. L. 101-508, Sec.

9208(b), 104 Stat. 1388-376.

--------------------------------------------------------------------

In this section, the words "institutions of higher education" are

substituted for "colleges, universities" for consistency in the

revised title.

In subsection (b), the words "providing grants" are substituted

for "the funding" for consistency in the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44501, 44508, 48102,

50103 of this title.

-End-

-CITE-

49 USC Sec. 44513 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44513. Regional centers of air transportation excellence

-STATUTE-

(a) General Authority. - The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education to establish and operate regional centers of air

transportation excellence. The locations shall be distributed in a

geographically fair way.

(b) Responsibilities. - (1) The responsibilities of each center

established under this section shall include -

(A) conducting research on -

(i) airspace and airport planning and design;

(ii) airport capacity enhancement techniques;

(iii) human performance in the air transportation

environment;

(iv) aviation safety and security;

(v) the supply of trained air transportation personnel,

including pilots and mechanics; and

(vi) other aviation issues related to developing and

maintaining a safe and efficient air transportation system; and

(B) interpreting, publishing, and disseminating the results of

the research.

(2) In conducting research described in paragraph (1)(A) of this

subsection, each center may make contracts with nonprofit research

organizations and other appropriate persons.

(c) Applications. - An institution of higher education interested

in receiving a grant under this section may submit an application

to the Administrator. The application must be in the form and

contain the information that the Administrator requires by

regulation.

(d) Selection Criteria. - The Administrator shall select

recipients of grants under this section on the basis of the

following criteria:

(1) the extent to which the needs of the State in which the

applicant is located are representative of the needs of the

region for improved air transportation services and facilities.

(2) the demonstrated research and extension resources available

to the applicant to carry out this section.

(3) the ability of the applicant to provide leadership in

making national and regional contributions to the solution of

both long-range and immediate air transportation problems.

(4) the extent to which the applicant has an established air

transportation program.

(5) the demonstrated ability of the applicant to disseminate

results of air transportation research and educational programs

through a statewide or regionwide continuing education program.

(6) the projects the applicant proposes to carry out under the

grant.

(e) Expenditure Agreements. - A grant may be made under this

section in a fiscal year only if the recipient makes an agreement

with the Administrator that the Administrator requires to ensure

that the recipient will maintain its total expenditures from all

other sources for establishing and operating the center and related

research activities at a level at least equal to the average level

of those expenditures in the 2 fiscal years of the recipient

occurring immediately before November 5, 1990.

(f) Government's Share of Costs. - The United States Government's

share of a grant under this section is 50 percent of the costs of

establishing and operating the center and related research

activities that the grant recipient carries out.

(g) Allocating Amounts. - The Administrator shall allocate

amounts made available to carry out this section in a

geographically fair way.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1182.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44513 49 App.:1353(i). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

312(i); added Nov. 5, 1990,

Pub. L. 101-508, Sec.

9209(a), 104 Stat. 1388-376.

--------------------------------------------------------------------

In this section, the words "institutions of higher education" and

"institution of higher education" are substituted for "colleges or

universities" and "college or university" for consistency in the

revised title.

In subsection (a), the words "one or more" are omitted as

surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44501, 44508, 48102,

50103 of this title.

-End-

-CITE-

49 USC Sec. 44514 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44514. Flight service stations

-STATUTE-

(a) Hours of Operation. - (1) The Secretary of Transportation may

close, or reduce the hours of operation of, a flight service

station in an area only if the service provided in the area after

the closing or during the hours the station is not in operation is

provided by an automated flight service station with at least model

1 equipment.

(2) The Secretary shall reopen a flight service station closed

after March 24, 1987, but before July 15, 1987, as soon as

practicable if the service in the area in which the station is

located has not been provided since the closing by an automatic

flight service station with at least model 1 equipment. The hours

of operation for the reopened station shall be the same as were the

hours of operation for the station on March 25, 1987. After

reopening the station, the Secretary may close, or reduce the hours

of operation of, the station only as provided in paragraph (1) of

this subsection.

(b) Manned Auxiliary Stations. - The Secretary and the

Administrator of the Federal Aviation Administration shall

establish a system of manned auxiliary flight service stations. The

manned auxiliary flight service stations shall supplement the

services of the planned consolidation to 61 automated flight

service stations under the flight service station modernization

program. A manned auxiliary flight service station shall be located

in an area of unique weather or operational conditions that are

critical to the safety of flight.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1183.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44514(a) 49 App.:2224. Sept. 3, 1982, Pub. L.

97-248, Sec. 528, 96 Stat.

699; restated Dec. 30, 1987,

Pub. L. 100-223, Sec. 113,

101 Stat. 1505.

44514(b) 49 App.:1348 Nov. 5, 1990, Pub. L.

(notes). 101-508, Sec. 9115, 104

Stat. 1388-364.

Nov. 5, 1990, Pub. L.

101-516, Sec. 330(a), 104

Stat. 2184.

--------------------------------------------------------------------

In subsection (a)(1), the words "On or after July 15, 1987" are

omitted as obsolete.

In subsection (a)(2), the words "after December 30, 1987" are

omitted as obsolete. The words "the date of" are omitted as

surplus.

In subsection (b), the text of section 9115(b) of the Omnibus

Budget Reconciliation Act of 1990 (Public Law 101-508, 104 Stat.

1388-364) and section 330(a) (last sentence) of the Department of

Transportation and Related Agencies Appropriations Act, 1991

(Public Law 101-516, 104 Stat. 2184) is omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44515 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44515. Advanced training facilities for maintenance

technicians for air carrier aircraft

-STATUTE-

(a) General Authority. - The Administrator of the Federal

Aviation Administration may make grants to not more than 4

vocational technical educational institutions to acquire or

construct facilities to be used for the advanced training of

maintenance technicians for air carrier aircraft.

(b) Eligibility. - The Administrator may make a grant under this

section to a vocational technical educational institution only if

the institution has a training curriculum that prepares aircraft

maintenance technicians who hold airframe and power plant

certificates under subpart D of part 65 of title 14, Code of

Federal Regulations, to maintain, without direct supervision, air

carrier aircraft.

(c) Limitation. - A vocational technical educational institution

may not receive more than a total of $5,000,000 in grants under

this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1184.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44515 49 App.:1354 (note). Oct., 31, 1992, Pub. L.

102-581, Sec. 119(a)-(c),

106 Stat. 4883.

--------------------------------------------------------------------

The words "vocational technical educational institution" are used

throughout this section for consistency in this section.

IMPROVED TRAINING FOR AIRFRAME AND POWERPLANT MECHANICS

Pub. L. 106-181, title V, Sec. 517, Apr. 5, 2000, 114 Stat. 145,

provided that: "The Administrator [of the Federal Aviation

Administration] shall form a partnership with industry and labor to

develop a model program to improve the curricula, teaching methods,

and quality of instructors for training individuals that need

certification as airframe and powerplant mechanics."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 48110 of this title.

-End-

-CITE-

49 USC Sec. 44516 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH

-HEAD-

Sec. 44516. Human factors program

-STATUTE-

(a) Human Factors Training. -

(1) Air traffic controllers. - The Administrator of the Federal

Aviation Administration shall -

(A) address the problems and concerns raised by the National

Research Council in its report "The Future of Air Traffic

Control" on air traffic control automation; and

(B) respond to the recommendations made by the National

Research Council.

(2) Pilots and flight crews. - The Administrator shall work

with representatives of the aviation industry and appropriate

aviation programs associated with universities to develop

specific training curricula to address critical safety problems,

including problems of pilots -

(A) in recovering from loss of control of an aircraft,

including handling unusual attitudes and mechanical

malfunctions;

(B) in deviating from standard operating procedures,

including inappropriate responses to emergencies and hazardous

weather;

(C) in awareness of altitude and location relative to terrain

to prevent controlled flight into terrain; and

(D) in landing and approaches, including nonprecision

approaches and go-around procedures.

(b) Test Program. - The Administrator shall establish a test

program in cooperation with air carriers to use model Jeppesen

approach plates or other similar tools to improve precision-like

landing approaches for aircraft.

(c) Report. - Not later than 1 year after the date of the

enactment of this section, the Administrator shall transmit 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 on the status of the Administration's

efforts to encourage the adoption and implementation of advanced

qualification programs for air carriers under this section.

(d) Advanced Qualification Program Defined. - In this section,

the term "advanced qualification program" means an alternative

method for qualifying, training, certifying, and ensuring the

competency of flight crews and other commercial aviation operations

personnel subject to the training and evaluation requirements of

parts 121 and 135 of title 14, Code of Federal Regulations.

-SOURCE-

(Added Pub. L. 106-181, title VII, Sec. 713(a), Apr. 5, 2000, 114

Stat. 160.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(c), is the date of enactment of Pub. L. 106-181, which was

approved Apr. 5, 2000.

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-