Legislación
US (United States) Code. Title 49. Subtitle VII. Part A. Subpart I. Chapter 401: General provissions
-CITE-
49 USC CHAPTER 401 - GENERAL PROVISIONS 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
CHAPTER 401 - GENERAL PROVISIONS
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Sec.
40101. Policy.
40102. Definitions.
40103. Sovereignty and use of airspace.
40104. Promotion of civil aeronautics and safety of air
commerce.
40105. International negotiations, agreements, and
obligations.
40106. Emergency powers.
40107. Presidential transfers.
40108. Training schools.
40109. Authority to exempt.
40110. General procurement authority.
40111. Multiyear procurement contracts for services and
related items.
40112. Multiyear procurement contracts for property.
40113. Administrative.
40114. Reports and records.
40115. Withholding information.
40116. State taxation.
40117. Passenger facility fees.
40118. Government-financed air transportation.
40119. Security and research and development activities.
40120. Relationship to other laws.
40121. Air traffic control modernization reviews.
40122. Federal Aviation Administration personnel management
system.
40123. Protection of voluntarily submitted information.
40124. Interstate agreements for airport facilities.
40125. Qualifications for public aircraft status.
40126. Severable services contracts for periods crossing
fiscal years.
40127. Prohibitions on discrimination.
40128. Overflights of national parks.
AMENDMENTS
2000 - Pub. L. 106-181, title VII, Secs. 702(b)(2), 705(b),
706(b), title VIII, Sec. 803(b), Apr. 5, 2000, 114 Stat. 156-158,
192, added items 40125 to 40128.
1997 - Pub. L. 105-102, Sec. 3(d)(1)(B), Nov. 20, 1997, 111 Stat.
2215, amended Pub. L. 104-287, Sec. 5(69)(B). See 1996 Amendment
note below.
1996 - Pub. L. 104-287, Sec. 5(69)(B), Oct. 11, 1996, 110 Stat.
3396, as amended by Pub. L. 105-102, Sec. 3(d)(1)(B), Nov. 20,
1997, 111 Stat. 2215, added item 40124.
Pub. L. 104-264, title II, Sec. 254, title IV, Secs. 401(b)(2),
402(b), Oct. 9, 1996, 110 Stat. 3238, 3255, 3256, inserted "safety
of" before "air commerce" in item 40104 and added item 40121 "Air
traffic control modernization reviews" and items 40122 and 40123.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 46301, 46316 of this
title.
-End-
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49 USC Sec. 40101 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40101. Policy
-STATUTE-
(a) Economic Regulation. - In carrying out subpart II of this
part and those provisions of subpart IV applicable in carrying out
subpart II, the Secretary of Transportation shall consider the
following matters, among others, as being in the public interest
and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in
air commerce.
(2) before authorizing new air transportation services,
evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures,
recognizing the clear intent, encouragement, and dedication of
Congress to further the highest degree of safety in air
transportation and air commerce, and to maintain the safety
vigilance that has evolved in air transportation and air commerce
and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic,
efficient, and low-priced services without unreasonable
discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations
among, air carriers, and encouraging fair wages and working
conditions.
(6) placing maximum reliance on competitive market forces and
on actual and potential competition -
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to
earn adequate profits and attract capital, considering any
material differences between interstate air transportation and
foreign air transportation.
(7) developing and maintaining a sound regulatory system that
is responsive to the needs of the public and in which decisions
are reached promptly to make it easier to adapt the air
transportation system to the present and future needs of -
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban areas through
secondary or satellite airports if consistent with regional
airport plans of regional and local authorities, and if endorsed
by appropriate State authorities -
(A) encouraging the transportation by air carriers that
provide, in a specific market, transportation exclusively at
those airports; and
(B) fostering an environment that allows those carriers to
establish themselves and develop secondary or satellite airport
services.
(9) preventing unfair, deceptive, predatory, or anticompetitive
practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive
market domination, monopoly powers, and other conditions that
would tend to allow at least one air carrier or foreign air
carrier unreasonably to increase prices, reduce services, or
exclude competition in air transportation.
(11) maintaining a complete and convenient system of continuous
scheduled interstate air transportation for small communities and
isolated areas with direct financial assistance from the United
States Government when appropriate.
(12) encouraging, developing, and maintaining an air
transportation system relying on actual and potential competition
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(A) to provide efficiency, innovation, and low prices; and
(B) to decide on the variety and quality of, and determine
prices for, air transportation services.
(13) encouraging entry into air transportation markets by new
and existing air carriers and the continued strengthening of
small air carriers to ensure a more effective and competitive
airline industry.
(14) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport
industry.
(15) strengthening the competitive position of air carriers to
at least ensure equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and remote
areas, have access to affordable, regularly scheduled air
service.
(b) All-Cargo Air Transportation Considerations. - In carrying
out subpart II of this part and those provisions of subpart IV
applicable in carrying out subpart II, the Secretary of
Transportation shall consider the following matters, among others
and in addition to the matters referred to in subsection (a) of
this section, as being in the public interest for all-cargo air
transportation:
(1) encouraging and developing an expedited all-cargo air
transportation system provided by private enterprise and
responsive to -
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transportation
system relying on competitive market forces to decide the extent,
variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination,
unfair or deceptive practices, or predatory pricing.
(c) General Safety Considerations. - In carrying out subpart III
of this part and those provisions of subpart IV applicable in
carrying out subpart III, the Administrator of the Federal Aviation
Administration shall consider the following matters:
(1) the requirements of national defense and commercial and
general aviation.
(2) the public right of freedom of transit through the
navigable airspace.
(d) Safety Considerations in Public Interest. - In carrying out
subpart III of this part and those provisions of subpart IV
applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others, as being in the
public interest:
(1) assigning, maintaining, and enhancing safety and security
as the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety
and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new
aviation technology.
(4) controlling the use of the navigable airspace and
regulating civil and military operations in that airspace in the
interest of the safety and efficiency of both of those
operations.
(5) consolidating research and development for air navigation
facilities and the installation and operation of those
facilities.
(6) developing and operating a common system of air traffic
control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the
enforcement of laws related to regulation of controlled
substances, to the extent consistent with aviation safety.
(e) International Air Transportation. - In formulating United
States international air transportation policy, the Secretaries of
State and Transportation shall develop a negotiating policy
emphasizing the greatest degree of competition compatible with a
well-functioning international air transportation system, including
the following:
(1) strengthening the competitive position of air carriers to
ensure at least equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer
prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air
transportation.
(4) the maximum degree of multiple and permissive international
authority for air carriers so that they will be able to respond
quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to the
greatest extent possible.
(6) integrating domestic and international air transportation.
(7) increasing the number of nonstop United States gateway
cities.
(8) opportunities for carriers of foreign countries to increase
their access to places in the United States if exchanged for
benefits of similar magnitude for air carriers or the traveling
public with permanent linkage between rights granted and rights
given away.
(9) eliminating discrimination and unfair competitive practices
faced by United States airlines in foreign air transportation,
including -
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport
industry.
(f) Strengthening Competition. - In selecting an air carrier to
provide foreign air transportation from among competing applicants,
the Secretary of Transportation shall consider, in addition to the
matters specified in subsections (a) and (b) of this section, the
strengthening of competition among air carriers operating in the
United States to prevent unreasonable concentration in the air
carrier industry.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1094; Pub. L.
104-264, title IV, Sec. 401(a), Oct. 9, 1996, 110 Stat. 3255; Pub.
L. 106-181, title II, Sec. 201, Apr. 5, 2000, 114 Stat. 91.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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40101(a) 49 App.:1302(a). Aug. 23, 1958, Pub. L.
85-726, Sec. 102(a), 72
Stat. 740; Nov. 9, 1977,
Pub. L. 95-163, Sec.
16(b)(1), (2), 91 Stat.
1284; Oct. 24, 1978, Pub. L.
95-504, Sec. 3(a), 92 Stat.
1705; restated Feb. 15,
1980, Pub. L. 96-192, Sec.
2, 94 Stat. 35.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
40101(b) 49 App.:1302(b). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
102(b); added Nov. 9, 1977,
Pub. L. 95-163, Sec.
16(b)(3), 91 Stat. 1284.
49
App.:1551(b)(1)(E).
40101(c) 49 App.:1347. Aug. 23, 1958, Pub. L.
85-726, Sec. 306, 72 Stat.
749.
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.
40101(d) 49 App.:1303. Aug. 23, 1958, Pub. L.
85-726, Sec. 103, 72 Stat.
740; Nov. 18, 1988, Pub. L.
100-690, Sec. 7202(b), 102
Stat. 4424.
49 App.:1655(c)(1).
40101(e) 49 App.:1502(b). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1102(b); added Feb. 15,
1980, Pub. L. 96-192, Sec.
17, 94 Stat. 42.
49
App.:1551(b)(1)(E).
40101(f) 49 App.:1302(c). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
102(c); added Oct. 31, 1992,
Pub. L. 102-581, Sec. 205,
106 Stat. 4894.
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In this part, the words "overseas air commerce" and "overseas air
transportation" are omitted as obsolete because there no longer is
a distinction in economic or safety regulation between "interstate"
and "overseas" air commerce or air transportation.
In this section, the words "In carrying out . . . this part" are
substituted for "In the exercise and performance of its powers and
duties under this chapter" in 49 App.:1302(a), "In the exercise and
performance of his powers and duties under this chapter" in 49
App.:1303, and "In exercising the authority granted in, and
discharging the duties imposed by, this chapter" in 49 App.:1347
for consistency in the revised title and to eliminate unnecessary
words.
In subsections (a) and (b), the reference to subpart II is added
because the policy applies only to economic issues, and under the
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
Civil Aeronautics Board was given responsibility for economic
issues.
In subsection (a)(2), the word "full" is omitted as surplus. The
words "the recommendations of the Secretary of Transportation on"
are omitted as obsolete because the Secretary carries out 49
App.:1302(a). The words "and full evaluation of any report or
recommendation submitted under section 1307 of this Appendix" are
omitted as obsolete because the report and recommendations are no
longer required.
In subsection (a)(4), the words "by air carriers and foreign air
carriers" are omitted as surplus. The words "unreasonable
discrimination" are substituted for "unjust discriminations, undue
preferences or advantages" for consistency in the revised title and
to eliminate unnecessary words.
In subsection (a)(6)(B), the words "nevertheless", "on the one
hand", and "on the other" are omitted as surplus.
In subsection (a)(8), before subclause (A), the word
"authorities" is substituted for "entities" for consistency in the
revised title and with other titles of the Code. In subclause (A),
the words "sole responsibility" are omitted as unnecessary because
of the restatement.
In subsection (a)(15), the words "United States" are omitted as
surplus because of the definition of "air carrier" in section
40102(a) of the revised title.
In subsection (b)(3), the words "unreasonable discrimination" are
substituted for "unjust discriminations, undue preferences or
advantages" for consistency in the revised title and to eliminate
unnecessary words.
In subsections (c) and (d), the reference to subpart III is added
because the policies apply only to safety issues, and under the
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
Federal Aviation Administration was given responsibility for safety
issues.
In subsection (c), before clause (1), the word "Administrator" in
section 306 of the Federal Aviation Act of 1958 (Public Law 85-726,
72 Stat. 749) is retained on authority of 49:106(g). The words
"consider the following matters" are substituted for "give full
consideration to" for consistency in this section.
In subsection (d)(3), the word "both" in 49 App.:1303(c) is
omitted as surplus the first time it appears. The words "of the
United States" are omitted for consistency in the revised title and
because of the definition of "navigable airspace" in section
40102(a) of the revised title. The words "of those operations" are
added for clarity.
In subsection (d)(5), the word "both" in 49 App.:1303(e) is
omitted as surplus.
In subsection (e), before clause (1), the words "the Congress
intends that" are omitted as surplus. In clauses (1) and (4), the
words "United States" are omitted as surplus because of the
definition of "air carrier" in section 40102(a) of the revised
title. In clause (2), the word "prices" is substituted for "fares
and rates" because of the definition of "price" in section
40102(a). In clause (8), the words "places in the United States"
are substituted for "United States points" for consistency in this
chapter. The word "air" is added for clarity and consistency in
this subtitle. In clause (9)(C), the word "unreasonable" is
substituted for "undue" for consistency in the revised title and
with other titles of the United States Code.
AMENDMENTS
2000 - Subsec. (a)(16). Pub. L. 106-181 added par. (16).
1996 - Subsec. (d)(1). Pub. L. 104-264, Sec. 401(a)(1)(B), added
par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(A),
redesignated par. (1) as (2) and struck out "its development and"
after "best promotes". Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(B),
redesignated par. (2) as (3) and substituted "encouraging and
developing civil aeronautics, including new aviation technology"
for "promoting, encouraging, and developing civil aeronautics".
Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104-264, Sec. 401(a)(1)(A),
redesignated pars. (3) to (6) as (4) to (7), respectively.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L.
104-264 applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made available for
a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
104-264, set out as a note under section 106 of this title.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-296, title XIV, Sec. 1401, Nov. 25, 2002, 116 Stat.
2300, provided that: "This title [enacting section 44921 of this
title and section 513 of Title 6, Domestic Security, amending
sections 44903 and 44918 of this title, amending provisions set out
as a note under section 114 of this title, and repealing provisions
set out as a note under section 44903 of this title] may be cited
as the 'Arming Pilots Against Terrorism Act'."
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-71, Sec. 1, Nov. 19, 2001, 115 Stat. 597, provided
that: "This Act [see Tables for classification] may be cited as the
'Aviation and Transportation Security Act'."
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106-528, Sec. 1, Nov. 22, 2000, 114 Stat. 2517, provided
that: "This Act [amending sections 106, 41104, 44903, 44935, and
44936 of this title, enacting provisions set out as notes under
sections 106, 44903, and 44936 of this title, and amending
provisions set out as notes under sections 40128 and 47501 of this
title] may be cited as the 'Airport Security Improvement Act of
2000'."
Pub. L. 106-181, Sec. 1(a), Apr. 5, 2000, 114 Stat. 61, provided
that: "This Act [see Tables for classification] may be cited as the
'Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century'."
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-6, Sec. 1, Mar. 31, 1999, 113 Stat. 10, provided
that: "This Act [amending sections 106, 44310, 47104, 47115 to
47117, 48101, and 48103 of this title] may be cited as the 'Interim
Federal Aviation Administration Authorization Act'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-155, Sec. 1, Feb. 11, 1998, 112 Stat. 5, provided
that: "This Act [amending section 48102 of this title and enacting
provisions set out as a note under section 48102 of this title] may
be cited as the 'FAA Research, Engineering, and Development
Authorization Act of 1998'."
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-137, Sec. 1, Dec. 2, 1997, 111 Stat. 2640, provided
that: "This Act [amending sections 40102, 44302, 44305, 44306,
44308, and 44310 of this title and enacting provisions set out as a
note under section 44310 of this title] may be cited as the
'Aviation Insurance Reauthorization Act of 1997'."
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of Pub. L. 104-264 provided that: "This Act [see
Tables for classification] may be cited as the 'Federal Aviation
Reauthorization Act of 1996'."
Section 201 of title II of Pub. L. 104-264 provided that: "This
title [enacting sections 40121, 40122, 45301, 45303, 48111, and
48201 of this title, amending sections 106 and 41742 of this title,
renumbering section 45303 of this title as section 45304, repealing
former section 45301 of this title, and enacting provisions set out
as notes under this section and sections 106, 40110, and 41742 of
this title] may be cited as the 'Air Traffic Management System
Performance Improvement Act of 1996'."
Section 278(a) of Pub. L. 104-264 provided that: "This section
[amending section 41742 of this title and enacting provisions set
out as a note under section 41742 of this title] may be cited as
the 'Rural Air Service Survival Act'."
Section 501 of title V of Pub. L. 104-264 provided that: "This
title [amending sections 30305, 44936, and 46301 of this title and
enacting provisions set out as notes under sections 30305 and 44935
of this title] may be cited as the 'Pilot Records Improvement Act
of 1996'."
Section 601 of title VI of Pub. L. 104-264 provided that: "This
title [enacting section 44724 of this title] may be cited as the
'Child Pilot Safety Act'."
Section 701 of title VII of Pub. L. 104-264 provided that: "This
title [enacting sections 1136 and 41113 of this title and
provisions set out as notes under section 41113 of this title] may
be cited as the 'Aviation Disaster Family Assistance Act of 1996'."
Section 801 of title VIII of Pub. L. 104-264 provided that: "This
title [enacting section 47133 of this title, amending sections
46301 and 47107 of this title and section 9502 of Title 26,
Internal Revenue Code, and enacting provisions set out as notes
under section 47107 of this title] may be cited as the 'Airport
Revenue Protection Act of 1996'."
Section 1101 of title XI of Pub. L. 104-264 provided that: "This
title [amending sections 44501, 44508, and 48102 of this title] may
be cited as the 'FAA Research, Engineering, and Development
Management Reform Act of 1996'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-305, Sec. 1(a), Aug. 23, 1994, 108 Stat. 1569,
provided that: "This Act [enacting sections 41311, 41714, 41715,
47129, 47130, and 47509 of this title, amending sections 106,
10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502,
44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to
47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of
this title and section 9502 of Title 26, Internal Revenue Code,
renumbering former section 47129 of this title as section 47131 of
this title, enacting provisions set out as notes under this section
and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715,
44502, 45102, 47101, 47107, 47124, and 49101 of this title, and
repealing provisions set out as a note under section 1348 of former
Title 49, Transportation] may be cited as the 'Federal Aviation
Administration Authorization Act of 1994'."
Pub. L. 103-305, title III, Sec. 301, Aug. 23, 1994, 108 Stat.
1589, provided that: "This title [enacting section 47509 of this
title, amending sections 44505 and 48102 of this title, and
enacting provisions set out as notes under this section and section
49101 of this title] may be cited as the 'Federal Aviation
Administration Research, Engineering, and Development Authorization
Act of 1994'."
MAIL AND FREIGHT WAIVERS
Pub. L. 107-71, title I, Sec. 127, Nov. 19, 2001, 115 Stat. 632,
provided that:
"(a) In General. - During a national emergency affecting air
transportation or intrastate air transportation, the Secretary of
Transportation, after consultation with the Transportation Security
Oversight Board, may grant a complete or partial waiver of any
restrictions on the carriage by aircraft of freight, mail,
emergency medical supplies, personnel, or patients on aircraft,
imposed by the Department of Transportation (or other Federal
agency or department) that would permit such carriage of freight,
mail, emergency medical supplies, personnel, or patients on
flights, to, from, or within a State if the Secretary determines
that -
"(1) extraordinary air transportation needs or concerns exist;
and
"(2) the waiver is in the public interest, taking into
consideration the isolation of and dependence on air
transportation of the State.
"(b) Limitations. - The Secretary may impose reasonable
limitations on any such waiver."
AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE
Pub. L. 107-71, title I, Sec. 145, Nov. 19, 2001, 115 Stat. 645,
provided that:
"(a) In General. - Each air carrier that provides scheduled air
transportation on a route shall provide, to the extent practicable,
air transportation to passengers ticketed for air transportation on
that route by any other air carrier that suspends, interrupts, or
discontinues air passenger service on the route by reason of
insolvency or bankruptcy of the other air carrier.
"(b) Passenger Obligation. - An air carrier is not required to
provide air transportation under subsection (a) to a passenger
unless that passenger makes alternative arrangements with the air
carrier for such transportation within 60 days after the date on
which that passenger's air transportation was suspended,
interrupted, or discontinued (without regard to the originally
scheduled travel date on the ticket).
"(c) Sunset. - This section does not apply to air transportation
the suspension, interruption, or discontinuance of which occurs
more than 18 months after the date of enactment of this Act [Nov.
19, 2001]."
RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO
SEPTEMBER 11TH VICTIM COMPENSATION FUND
Pub. L. 107-56, title VI, Sec. 622(e)(2), Oct. 26, 2001, 115
Stat. 372, provided that: "With respect to any compensation payable
under title IV of Public Law 107-42 [set out as a note below], the
failure of a crime victim compensation program, after the effective
date of final regulations issued pursuant to section 407 of Public
Law 107-42, to provide compensation otherwise required pursuant to
section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)
shall not render that program ineligible for future grants under
the Victims of Crime Act of 1984 [42 U.S.C. 10601 et seq.]."
AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION
Pub. L. 107-42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub.
L. 107-71, title I, Sec. 124(a), (c), (d), title II, Sec. 201, Nov.
19, 2001, 115 Stat. 631, 645; Pub. L. 107-134, title I, Sec.
114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107-296, title VIII,
Sec. 890, title XII, Sec. 1201(2), Nov. 25, 2002, 116 Stat. 2251,
2286, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Air Transportation Safety and
System Stabilization Act'.
"TITLE I - AIRLINE STABILIZATION
"SEC. 101. AVIATION DISASTER RELIEF.
"(a) In General. - Notwithstanding any other provision of law,
the President shall take the following actions to compensate air
carriers for losses incurred by the air carriers as a result of the
terrorist attacks on the United States that occurred on September
11, 2001:
"(1) Subject to such terms and conditions as the President
deems necessary, issue Federal credit instruments to air carriers
that do not, in the aggregate, exceed $10,000,000,000 and provide
the subsidy amounts necessary for such instruments in accordance
with the provisions of the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
"(2) Compensate air carriers in an aggregate amount equal to
$5,000,000,000 for -
"(A) direct losses incurred beginning on September 11, 2001,
by air carriers as a result of any Federal ground stop order
issued by the Secretary of Transportation or any subsequent
order which continues or renews such a stoppage; and
"(B) the incremental losses incurred beginning September 11,
2001, and ending December 31, 2001, by air carriers as a direct
result of such attacks.
"(b) Emergency Designation. - Congress designates the amount of
new budget authority and outlays in all fiscal years resulting from
this title as an emergency requirement pursuant to section 252(e)
of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(e)). Such amount shall be available only to the extent
that a request, that includes designation of such amount as an
emergency requirement as defined in such Act [see Short Title note
set out under section 900 of Title 2, The Congress], is transmitted
by the President to Congress.
"SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.
"(a) Definitions. - In this section, the following definitions
apply:
"(1) Board. - The term 'Board' means the Air Transportation
Stabilization Board established under subsection (b).
"(2) Financial obligation. - The term 'financial obligation'
means any note, bond, debenture, or other debt obligation issued
by an obligor in connection with financing under this section and
section 101(a)(1).
"(3) Lender. - The term 'lender' means any non-Federal
qualified institutional buyer (as defined by section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor
regulation) known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Security Act of 1933 [probably
should be Securities Act of 1933, 15 U.S.C. 77a et seq.][)],
including -
"(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
4974(c))[)] that is a qualified institutional buyer; and
"(B) a governmental plan (as defined in section 414(d) of the
Internal Revenue Code of 1986 (26 U.S.C. 414(d))[)] that is a
qualified institutional buyer.
"(4) Obligor. - The term 'obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation, partnership,
joint venture, trust, or governmental entity, agency, or
instrumentality.
"(b) Air Transportation Stabilization Board. -
"(1) Establishment. - There is established a board (to be known
as the 'Air Transportation Stabilization Board') to review and
decide on applications for Federal credit instruments under
section 101(a)(1).
"(2) Composition. - The Board shall consist of -
"(A) the Secretary of Transportation or the designee of the
Secretary;
"(B) the Chairman of the Board of Governors of the Federal
Reserve System, or the designee of the Chairman, who shall be
the Chair of the Board;
"(C) the Secretary of the Treasury or the designee of the
Secretary; and
"(D) the Comptroller General of the United States, or the
designee of the Comptroller General, as a nonvoting member of
the Board.
"(c) Federal Credit Instruments. -
"(1) In general. - The Board may enter into agreements with 1
or more obligors to issue Federal credit instruments under
section 101(a)(1) if the Board determines, in its discretion,
that -
"(A) the obligor is an air carrier for which credit is not
reasonably available at the time of the transaction;
"(B) the intended obligation by the obligor is prudently
incurred; and
"(C) such agreement is a necessary part of maintaining a
safe, efficient, and viable commercial aviation system in the
United States.
"(2) Terms and limitations. -
"(A) Forms; terms and conditions. - A Federal credit
instrument shall be issued under section 101(a)(1) in such form
and on such terms and conditions and contain such covenants,
representations, warranties, and requirements (including
requirements for audits) as the Board determines appropriate.
"(B) Procedures. - Not later than 14 days after the date of
enactment of this Act [Sept. 22, 2001], the Director of the
Office of Management and Budget shall issue regulations setting
forth procedures for application and minimum requirements,
which may be supplemented by the Board in its discretion, for
the issuance of Federal credit instruments under section
101(a)(1).
"(d) Financial Protection of Government. -
"(1) In general. - To the extent feasible and practicable, the
Board shall ensure that the Government is compensated for the
risk assumed in making guarantees under this title.
"(2) Government participation in gains. - To the extent to
which any participating corporation accepts financial assistance,
in the form of accepting the proceeds of any loans guaranteed by
the Government under this title, the Board is authorized to enter
into contracts under which the Government, contingent on the
financial success of the participating corporation, would
participate in the gains of the participating corporation or its
security holders through the use of such instruments as warrants,
stock options, common or preferred stock, or other appropriate
equity instruments.
"(3) Deposit in treasury. - All amounts collected by the
Secretary of the Treasury under this subsection shall be
deposited in the Treasury as miscellaneous receipts.
"SEC. 103. SPECIAL RULES FOR COMPENSATION.
"(a) Documentation. - Subject to subsection (b), the amount of
compensation payable to an air carrier under section 101(a)(2) may
not exceed the amount of losses described in section 101(a)(2) that
the air carrier demonstrates to the satisfaction of the President,
using sworn financial statements or other appropriate data, that
the air carrier incurred. The Secretary of Transportation and the
Comptroller General of the United States may audit such statements
and may request any information that the Secretary and the
Comptroller General deems necessary to conduct such audit.
"(b) Maximum Amount of Compensation Payable Per Air Carrier. -
The maximum total amount of compensation payable to an air carrier
under section 101(a)(2) may not exceed the lesser of -
"(1) the amount of such air carrier's direct and incremental
losses described in section 101(a)(2); or
"(2) in the case of -
"(A) flights involving passenger-only or combined passenger
and cargo transportation, the product of -
"(i) $4,500,000,000; and
"(ii) the ratio of -
"(I) the available seat miles of the air carrier for the month
of August 2001 as reported to the Secretary; to
"(II) the total available seat miles of all such air carriers
for such month as reported to the Secretary; and
"(B) flights involving cargo-only transportation, the product
of -
"(i) $500,000,000; and
"(ii) the ratio of -
"(I) the revenue ton miles or other auditable measure of the
air carrier for cargo for the latest quarter for which data
is available as reported to the Secretary; to
"(II) the total revenue ton miles or other auditable measure
of all such air carriers for cargo for such quarter as
reported to the Secretary.
"(c) Payments. - The President may provide compensation to air
carriers under section 101(a)(2) in 1 or more payments up to the
amount authorized by this title.
"(d) Compensation for Certain Air Carriers. -
"(1) Set-aside. - The President may set aside a portion of the
amount of compensation payable to air carriers under section
101(a)(2) to provide compensation to classes of air carriers,
such as air tour operators and air ambulances (including
hospitals operating air ambulances) for whom the application of a
distribution formula containing available seat miles as a factor
would inadequately reflect their share of direct and incremental
losses. The President shall reduce the $4,500,000,000 specified
in subsection (b)(2)(A)(i) by the amount set aside under this
subsection.
"(2) Distribution of amounts. - The President shall distribute
the amount set aside under this subsection proportionally among
such air carriers based on an appropriate auditable measure, as
determined by the President.
"SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
"(a) In General. - The President may only issue a Federal credit
instrument under section 101(a)(1) to an air carrier after the air
carrier enters into a legally binding agreement with the President
that, during the 2-year period beginning September 11, 2001, and
ending September 11, 2003, no officer or employee of the air
carrier whose total compensation exceeded $300,000 in calendar year
2000 (other than an employee whose compensation is determined
through an existing collective bargaining agreement entered into
prior to September 11, 2001) -
"(1) will receive from the air carrier total compensation which
exceeds, during any 12 consecutive months of such 2-year period,
the total compensation received by the officer or employee from
the air carrier in calendar year 2000; and
"(2) will receive from the air carrier severance pay or other
benefits upon termination of employment with the air carrier
which exceeds twice the maximum total compensation received by
the officer or employee from the air carrier in calendar year
2000.
"(b) Total Compensation Defined. - In this section, the term
'total compensation' includes salary, bonuses, awards of stock, and
other financial benefits provided by an air carrier to an officer
or employee of the air carrier.
"SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
"(a) Action of Secretary. - The Secretary of Transportation
should take appropriate action to ensure that all communities that
had scheduled air service before September 11, 2001, continue to
receive adequate air transportation service and that essential air
service to small communities continues without interruption.
"(b) Essential Air Service. - There is authorized to be
appropriated to the Secretary to carry out the essential air
service program under subchapter II of chapter 417 of title 49,
United States Code, $120,000,000 for fiscal year 2002.
"(c) Secretarial Oversight. -
"(1) In general. - Notwithstanding any other provision of law,
the Secretary is authorized to require an air carrier receiving
direct financial assistance under this Act to maintain scheduled
air service to any point served by that carrier before September
11, 2001.
"(2) Agreements. - In applying paragraph (1), the Secretary may
require air carriers receiving direct financial assistance under
this Act to enter into agreements which will ensure, to the
maximum extent practicable, that all communities that had
scheduled air service before September 11, 2001, continue to
receive adequate air transportation service.
"SEC. 106. REPORTS.
"(a) Report. - Not later than February 1, 2002, the President
shall transmit to the Committee on Transportation and
Infrastructure, the Committee on Appropriations, and the Committee
on the Budget of the House of Representatives and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on the Budget of the Senate a
report on the financial status of the air carrier industry and the
amounts of assistance provided under this title to each air
carrier.
"(b) Update. - Not later than the last day of the 7-month period
following the date of enactment of this Act [Sept. 22, 2001], the
President shall update and transmit the report to the Committees.
"SEC. 107. DEFINITIONS.
"In this title, the following definitions apply:
"(1) Air carrier. - The term 'air carrier' has the meaning such
term has under section 40102 of title 49, United States Code.
"(2) Federal credit instrument. - The term 'Federal credit
instrument' means any guarantee or other pledge by the Board
issued under section 101(a)(1) to pledge the full faith and
credit of the United States to pay all or part of any of the
principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
"(3) Incremental loss. - The term 'incremental loss' does not
include any loss that the President determines would have been
incurred if the terrorist attacks on the United States that
occurred on September 11, 2001, had not occurred.
"TITLE II - AVIATION INSURANCE
"SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE
COSTS.
"(a) In General. - [Amended section 44302 of this title.]
"(b) Coverage. -
"(1) In general. - [Amended section 44303 of this title.]
"(2) [Transferred to section 44303(b) of this title.]
"(c) Reinsurance. - [Amended section 44304 of this title.]
"(d) Premiums. - [Amended section 44306 of this title.]
"(e) Conforming Amendment. - [Amended section 44305(b) of this
title.]
"SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND
SUBCONTRACTORS OF AIR CARRIERS.
"Notwithstanding any other provision of this title, the Secretary
may extend any provision of chapter 443 of title 49, United States
Code, as amended by this title, and the provisions of this title,
to vendors, agents, and subcontractors of air carriers. For the
180-day period beginning on the date of enactment of this Act
[Sept. 22, 2001], the Secretary may extend or amend any such
provisions so as to ensure that the entities referred to in the
preceding sentence are not responsible in cases of acts of
terrorism for losses suffered by third parties that exceed the
amount of such entities' liability coverage, as determined by the
Secretary.
"TITLE III - TAX PROVISIONS
"SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS;
TREATMENT OF LOSS COMPENSATION.
"(a) Extension of Due Date for Excise Tax Deposits. -
"(1) In general. - In the case of an eligible air carrier, any
airline-related deposit required under section 6302 of the
Internal Revenue Code of 1986 [26 U.S.C. 6302] to be made after
September 10, 2001, and before November 15, 2001, shall be
treated for purposes of such Code [26 U.S.C. 1 et seq.] as timely
made if such deposit is made on or before November 15, 2001. If
the Secretary of the Treasury so prescribes, the preceding
sentence shall be applied by substituting for 'November 15, 2001'
each place it appears -
"(A) 'January 15, 2002'; or
"(B) such earlier date after November 15, 2001, as such
Secretary may prescribe.
"(2) Eligible air carrier. - For purposes of this subsection,
the term 'eligible air carrier' means any domestic corporation
engaged in the trade or business of transporting (for hire)
persons by air if such transportation is available to the general
public.
"(3) Airline-related deposit. - For purposes of this
subsection, the term 'airline-related deposit' means any deposit
of taxes imposed by subchapter C of chapter 33 of such Code [26
U.S.C. 4261 et seq.] (relating to transportation by air).
"(b) Treatment of Loss Compensation. - Nothing in any provision
of law shall be construed to exclude from gross income under the
Internal Revenue Code of 1986 any compensation received under
section 101(a)(2) of this Act.
"TITLE IV - VICTIM COMPENSATION
"SEC. 401. SHORT TITLE.
"This title may be cited as the 'September 11th Victim
Compensation Fund of 2001'.
"SEC. 402. DEFINITIONS.
"In this title, the following definitions apply:
"(1) Air carrier. - The term 'air carrier' means a citizen of
the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes employees
and agents (including persons engaged in the business of
providing air transportation security and their affiliates) of
such citizen. For purposes of the preceding sentence, the term
'agent', as applied to persons engaged in the business of
providing air transportation security, shall only include persons
that have contracted directly with the Federal Aviation
Administration on or after and commenced services no later than
February 17, 2002, to provide such security, and had not been or
are not debarred for any period within 6 months from that date.
"(2) Air transportation. - The term 'air transportation' means
foreign air transportation, interstate air transportation, or the
transportation of mail by aircraft.
"(3) Aircraft manufacturer. - The term 'aircraft manufacturer'
means any entity that manufactured the aircraft or any parts or
components of the aircraft involved in the terrorist related
aircraft crashes of September 11, 2001, including employees and
agents of that entity.
"(4) Airport sponsor. - The term 'airport sponsor' means the
owner or operator of an airport (as defined in section 40102 of
title 49, United States Code).
"(5) Claimant. - The term 'claimant' means an individual filing
a claim for compensation under section 405(a)(1).
"(6) Collateral source. - The term 'collateral source' means
all collateral sources, including life insurance, pension funds,
death benefit programs, and payments by Federal, State, or local
governments related to the terrorist-related aircraft crashes of
September 11, 2001.
"(7) Economic loss. - The term 'economic loss' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical expense
loss, replacement services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to the extent
recovery for such loss is allowed under applicable State law.
"(8) Eligible individual. - The term 'eligible individual'
means an individual determined to be eligible for compensation
under section 405(c).
"(9) Noneconomic losses. - The term 'noneconomic losses' means
losses for physical and emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss of
enjoyment of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary losses
of any kind or nature.
"(10) Special master. - The term 'Special Master' means the
Special Master appointed under section 404(a).
"SEC. 403. PURPOSE.
"It is the purpose of this title to provide compensation to any
individual (or relatives of a deceased individual) who was
physically injured or killed as a result of the terrorist-related
aircraft crashes of September 11, 2001.
"SEC. 404. ADMINISTRATION.
"(a) In General. - The Attorney General, acting through a Special
Master appointed by the Attorney General, shall -
"(1) administer the compensation program established under this
title;
"(2) promulgate all procedural and substantive rules for the
administration of this title; and
"(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this title.
"(b) Authorization of Appropriations. - There are authorized to
be appropriated such sums as may be necessary to pay the
administrative and support costs for the Special Master in carrying
out this title.
"SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
"(a) Filing of Claim. -
"(1) In general. - A claimant may file a claim for compensation
under this title with the Special Master. The claim shall be on
the form developed under paragraph (2) and shall state the
factual basis for eligibility for compensation and the amount of
compensation sought.
"(2) Claim form. -
"(A) In general. - The Special Master shall develop a claim
form that claimants shall use when submitting claims under
paragraph (1). The Special Master shall ensure that such form
can be filed electronically, if determined to be practicable.
"(B) Contents. - The form developed under subparagraph (A)
shall request -
"(i) information from the claimant concerning the physical
harm that the claimant suffered, or in the case of a claim
filed on behalf of a decedent information confirming the
decedent's death, as a result of the terrorist-related
aircraft crashes of September 11, 2001;
"(ii) information from the claimant concerning any possible
economic and noneconomic losses that the claimant suffered as
a result of such crashes; and
"(iii) information regarding collateral sources of
compensation the claimant has received or is entitled to
receive as a result of such crashes.
"(3) Limitation. - No claim may be filed under paragraph (1)
after the date that is 2 years after the date on which
regulations are promulgated under section 407.
"(b) Review and Determination. -
"(1) Review. - The Special Master shall review a claim
submitted under subsection (a) and determine -
"(A) whether the claimant is an eligible individual under
subsection (c);
"(B) with respect to a claimant determined to be an eligible
individual -
"(i) the extent of the harm to the claimant, including any
economic and noneconomic losses; and
"(ii) the amount of compensation to which the claimant is
entitled based on the harm to the claimant, the facts of the
claim, and the individual circumstances of the claimant.
"(2) Negligence. - With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
"(3) Determination. - Not later than 120 days after that date
on which a claim is filed under subsection (a), the Special
Master shall complete a review, make a determination, and provide
written notice to the claimant, with respect to the matters that
were the subject of the claim under review. Such a determination
shall be final and not subject to judicial review.
"(4) Rights of claimant. - A claimant in a review under
paragraph (1) shall have -
"(A) the right to be represented by an attorney;
"(B) the right to present evidence, including the
presentation of witnesses and documents; and
"(C) any other due process rights determined appropriate by
the Special Master.
"(5) No punitive damages. - The Special Master may not include
amounts for punitive damages in any compensation paid under a
claim under this title.
"(6) Collateral compensation. - The Special Master shall reduce
the amount of compensation determined under paragraph (1)(B)(ii)
by the amount of the collateral source compensation the claimant
has received or is entitled to receive as a result of the
terrorist-related aircraft crashes of September 11, 2001.
"(c) Eligibility. -
"(1) In general. - A claimant shall be determined to be an
eligible individual for purposes of this subsection if the
Special Master determines that such claimant -
"(A) is an individual described in paragraph (2); and
"(B) meets the requirements of paragraph (3).
"(2) Individuals. - A claimant is an individual described in
this paragraph if the claimant is -
"(A) an individual who -
"(i) was present at the World Trade Center, (New York, New
York), the Pentagon (Arlington, Virginia), or the site of the
aircraft crash at Shanksville, Pennsylvania at the time, or
in the immediate aftermath, of the terrorist-related aircraft
crashes of September 11, 2001; and
"(ii) suffered physical harm or death as a result of such
an air crash;
"(B) an individual who was a member of the flight crew or a
passenger on American Airlines flight 11 or 77 or United
Airlines flight 93 or 175, except that an individual identified
by the Attorney General to have been a participant or
conspirator in the terrorist-related aircraft crashes of
September 11, 2001, or a representative of such individual
shall not be eligible to receive compensation under this title;
or
"(C) in the case of a decedent who is an individual described
in subparagraph (A) or (B), the personal representative of the
decedent who files a claim on behalf of the decedent.
"(3) Requirements. -
"(A) Single claim. - Not more than one claim may be submitted
under this title by an individual or on behalf of a deceased
individual.
"(B) Limitation on civil action. -
"(i) In general. - Upon the submission of a claim under
this title, the claimant waives the right to file a civil
action (or to be a party to an action) in any Federal or
State court for damages sustained as a result of the
terrorist-related aircraft crashes of September 11, 2001. The
preceding sentence does not apply to a civil action to
recover collateral source obligations, or to a civil action
against any person who is a knowing participant in any
conspiracy to hijack any aircraft or commit any terrorist
act.
"(ii) Pending actions. - In the case of an individual who
is a party to a civil action described in clause (i), such
individual may not submit a claim under this title unless
such individual withdraws from such action by the date that
is 90 days after the date on which regulations are
promulgated under section 407.
"SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
"(a) In General. - Not later than 20 days after the date on which
a determination is made by the Special Master regarding the amount
of compensation due a claimant under this title, the Special Master
shall authorize payment to such claimant of the amount determined
with respect to the claimant.
"(b) Payment Authority. - This title constitutes budget authority
in advance of appropriations Acts and represents the obligation of
the Federal Government to provide for the payment of amounts for
compensation under this title.
"(c) Additional Funding. -
"(1) In general. - The Attorney General is authorized to accept
such amounts as may be contributed by individuals, business
concerns, or other entities to carry out this title, under such
terms and conditions as the Attorney General may impose.
"(2) Use of separate account. - In making payments under this
section, amounts contained in any account containing funds
provided under paragraph (1) shall be used prior to using
appropriated amounts.
"SEC. 407. REGULATIONS.
"Not later than 90 days after the date of enactment of this Act
[Sept. 22, 2001], the Attorney General, in consultation with the
Special Master, shall promulgate regulations to carry out this
title, including regulations with respect to -
"(1) forms to be used in submitting claims under this title;
"(2) the information to be included in such forms;
"(3) procedures for hearing and the presentation of evidence;
"(4) procedures to assist an individual in filing and pursuing
claims under this title; and
"(5) other matters determined appropriate by the Attorney
General.
"SEC. 408. LIMITATION ON LIABILITY.
"(a) In General. -
"(1) Liability limited to insurance coverage. - Notwithstanding
any other provision of law, liability for all claims, whether for
compensatory or punitive damages or for contribution or
indemnity, arising from the terrorist-related aircraft crashes of
September 11, 2001, against an air carrier, aircraft
manufacturer, airport sponsor, or person with a property interest
in the World Trade Center, on September 11, 2001, whether fee
simple, leasehold or easement, direct or indirect, or their
directors, officers, employees, or agents, shall not be in an
amount greater than the limits of liability insurance coverage
maintained by that air carrier, aircraft manufacturer, airport
sponsor, or person.
"(2) Willful defaults on rebuilding obligation. - Paragraph (1)
does not apply to any such person with a property interest in the
World Trade Center if the Attorney General determines, after
notice and an opportunity for a hearing on the record, that the
person has defaulted willfully on a contractual obligation to
rebuild, or assist in the rebuilding of, the World Trade Center.
"(3) Limitations on liability for New York City. - Liability
for all claims, whether for compensatory or punitive damages or
for contribution or indemnity arising from the terrorist-related
aircraft crashes of September 11, 2001, against the City of New
York shall not exceed the greater of the city's insurance
coverage or $350,000,000. If a claimant who is eligible to seek
compensation under section 405 of this Act, submits a claim under
section 405, the claimant waives the right to file a civil action
(or to be a party to an action) in any Federal or State court for
damages sustained as a result of the terrorist-related aircraft
crashes of September 11, 2001, including any such action against
the City of New York. The preceding sentence does not apply to a
civil action to recover collateral source obligations.
"(b) Federal Cause of Action. -
"(1) Availability of action. - There shall exist a Federal
cause of action for damages arising out of the hijacking and
subsequent crashes of American Airlines flights 11 and 77, and
United Airlines flights 93 and 175, on September 11, 2001.
Notwithstanding section 40120(c) of title 49, United States Code,
this cause of action shall be the exclusive remedy for damages
arising out of the hijacking and subsequent crashes of such
flights.
"(2) Substantive law. - The substantive law for decision in any
such suit shall be derived from the law, including choice of law
principles, of the State in which the crash occurred unless such
law is inconsistent with or preempted by Federal law.
"(3) Jurisdiction. - The United States District Court for the
Southern District of New York shall have original and exclusive
jurisdiction over all actions brought for any claim (including
any claim for loss of property, personal injury, or death)
resulting from or relating to the terrorist-related aircraft
crashes of September 11, 2001.
"(c) Exclusion. - Nothing in this section shall in any way limit
any liability of any person who is a knowing participant in any
conspiracy to hijack any aircraft or commit any terrorist act.
Subsections (a) and (b) do not apply to civil actions to recover
collateral source obligations.
"SEC. 409. RIGHT OF SUBROGATION.
"The United States shall have the right of subrogation with
respect to any claim paid by the United States under this title,
subject to the limitations described in section 408.
"TITLE V - AIR TRANSPORTATION SAFETY
"SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
"Congress affirms the President's decision to spend
$3,000,000,000 on airline safety and security in conjunction with
this Act in order to restore public confidence in the airline
industry.
"SEC. 502. CONGRESSIONAL COMMITMENT.
"Congress is committed to act expeditiously, in consultation with
the Secretary of Transportation, to strengthen airport security and
take further measures to enhance the security of air travel.
"TITLE VI - SEPARABILITY
"SEC. 601. SEPARABILITY.
"If any provision of this Act (including any amendment made by
this Act [amending sections 44302 to 44306 of this title]) or the
application thereof to any person or circumstance is held invalid,
the remainder of this Act (including any amendment made by this
Act) and the application thereof to other persons or circumstances
shall not be affected thereby."
[Pub. L. 107-134, title I, Sec. 114(b), Jan. 23, 2002, 115 Stat.
2436, provided that: "The amendment made by this section [amending
Pub. L. 107-42, set out above] shall take effect as if included in
section 301 of the Air Transportation Safety and System
Stabilization Act (Public Law 107-42)."]
[Memorandum of President of the United States, Sept. 25, 2001, 66
F.R. 49507, delegated to the Secretary of Transportation the
authority vested in the President under section 101(a)(2) of Pub.
L. 107-42, set out above, to compensate air carriers for direct and
incremental losses they incurred from the terrorist attacks of
Sept. 11, 2001, and any resulting ground stop order.]
INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS
Pub. L. 106-181, title III, Sec. 309, Apr. 5, 2000, 114 Stat.
127, provided that:
"(a) Independent Assessment. -
"(1) In general. - The Inspector General of the Department of
Transportation shall conduct the assessments described in this
section. To conduct the assessments, the Inspector General may
use the staff and resources of the Inspector General or contract
with one or more independent entities.
"(2) Assessment of adequacy and accuracy of faa cost data and
attributions. -
"(A) In general. - The Inspector General shall conduct an
assessment to ensure that the method for calculating the
overall costs of the Federal Aviation Administration and
attributing such costs to specific users is appropriate,
reasonable, and understandable to the users.
"(B) Components. - In conducting the assessment under this
paragraph, the Inspector General shall assess the following:
"(i) The Administration's cost input data, including the
reliability of the Administration's source documents and the
integrity and reliability of the Administration's data
collection process.
"(ii) The Administration's system for tracking assets.
"(iii) The Administration's bases for establishing asset
values and depreciation rates.
"(iv) The Administration's system of internal controls for
ensuring the consistency and reliability of reported data.
"(v) The Administration's definition of the services to
which the Administration ultimately attributes its costs.
"(vi) The cost pools used by the Administration and the
rationale for and reliability of the bases which the
Administration proposes to use in allocating costs of
services to users.
"(C) Requirements for assessment of cost pools. - In carrying
out subparagraph (B)(vi), the Inspector General shall -
"(i) review costs that cannot reliably be attributed to
specific Administration services or activities (called
'common and fixed costs' in the Administration Cost
Allocation Study) and consider alternative methods for
allocating such costs; and
"(ii) perform appropriate tests to assess relationships
between costs in the various cost pools and activities and
services to which the costs are attributed by the
Administration.
"(3) Cost effectiveness. -
"(A) In general. - The Inspector General shall assess the
progress of the Administration in cost and performance
management, including use of internal and external benchmarking
in improving the performance and productivity of the
Administration.
"(B) Annual reports. - Not later than December 31, 2000, and
annually thereafter until December 31, 2004, the Inspector
General shall transmit to Congress an updated report containing
the results of the assessment conducted under this paragraph.
"(C) Information to be included in faa financial report. -
The Administrator [of the Federal Aviation Administration]
shall include in the annual financial report of the
Administration information on the performance of the
Administration sufficient to permit users and others to make an
informed evaluation of the progress of the Administration in
increasing productivity.
"(b) Funding. - There are authorized to be appropriated such sums
as may be necessary to carry out this section."
PASSENGER CABIN AIR QUALITY
Pub. L. 106-181, title VII, Sec. 725, Apr. 5, 2000, 114 Stat.
166, provided that:
"(a) Study of Air Quality in Passenger Cabins in Commercial
Aircraft. -
"(1) In general. - Not later than 60 days after the date of the
enactment of this Act [Apr. 5, 2000], the Administrator [of the
Federal Aviation Administration] shall arrange for and provide
necessary data to the National Academy of Sciences to conduct a
12-month, independent study of air quality in passenger cabins of
aircraft used in air transportation and foreign air
transportation, including the collection of new data, in
coordination with the Federal Aviation Administration, to
identify contaminants in the aircraft air and develop
recommendations for means of reducing such contaminants.
"(2) Alternative air supply. - The study should examine whether
contaminants would be reduced by the replacement of engine and
auxiliary power unit bleed air with an alternative supply of air
for the aircraft passengers and crew.
"(3) Scope. - The study shall include an assessment and
quantitative analysis of each of the following:
"(A) Contaminants of concern, as determined by the National
Academy of Sciences.
"(B) The systems of air supply on aircraft, including the
identification of means by which contaminants may enter such
systems.
"(C) The toxicological and health effects of the contaminants
of concern, their byproducts, and the products of their
degradation.
"(D) Any contaminant used in the maintenance, operation, or
treatment of aircraft, if a passenger or a member of the air
crew may be directly exposed to the contaminant.
"(E) Actual measurements of the contaminants of concern in
the air of passenger cabins during actual flights in air
transportation or foreign air transportation, along with
comparisons of such measurements to actual measurements taken
in public buildings.
"(4) Provision of Current Data. - The Administrator shall
collect all data of the Federal Aviation Administration that is
relevant to the study and make the data available to the National
Academy of Sciences in order to complete the study.
"(b) Collection of Aircraft Air Quality Data. -
"(1) In general. - The Administrator may consider the
feasibility of using the flight data recording system on aircraft
to monitor and record appropriate data related to air inflow
quality, including measurements of the exposure of persons aboard
the aircraft to contaminants during normal aircraft operation and
during incidents involving air quality problems.
"(2) Passenger cabins. - The Administrator may also consider
the feasibility of using the flight data recording system to
monitor and record data related to the air quality in passengers
cabins of aircraft."
OPERATIONS OF AIR TAXI INDUSTRY
Pub. L. 106-181, title VII, Sec. 735, Apr. 5, 2000, 114 Stat.
171, provided that:
"(a) Study. - The Administrator [of the Federal Aviation
Administration], in consultation with the National Transportation
Safety Board and other interested persons, shall conduct a study of
air taxi operators regulated under part 135 of title 14, Code of
Federal Regulations.
"(b) Contents. - The study shall include an analysis of the size
and type of the aircraft fleet, relevant aircraft equipment, hours
flown, utilization rates, safety record by various categories of
use and aircraft type, sales revenues, and airports served by the
air taxi fleet.
"(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."
FINDINGS
Section 271 of Pub. L. 104-264 provided that: "Congress finds the
following:
"(1) The Administration [Federal Aviation Administration] is
recognized throughout the world as a leader in aviation safety.
"(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
"(3) The Administration certifies more than 650 training
schools for pilots and nonpilots, more than 4,858 repair
stations, and more than 193 maintenance schools.
"(4) The Administration certifies pilot examiners, who are then
qualified to determine if a person has the skills necessary to
become a pilot.
"(5) The Administration certifies more than 6,000 medical
examiners, each of whom is then qualified to medically certify
the qualifications of pilots and nonpilots.
"(6) The Administration certifies more than 470 airports, and
provides a limited certification for another 205 airports. Other
airports in the United States are also reviewed by the
Administration.
"(7) The Administration each year performs more than 355,000
inspections.
"(8) The Administration issues more than 655,000 pilot's
licenses and more than 560,000 nonpilot's licenses (including
mechanics).
"(9) The Administration's certification means that the product
meets world-wide recognized standards of safety and reliability.
"(10) The Administration's certification means aviation-related
equipment and services meet world-wide recognized standards.
"(11) The Administration's certification is recognized by
governments and businesses throughout the world and as such may
be a valuable element for any company desiring to sell
aviation-related products throughout the world.
"(12) The Administration's certification may constitute a
valuable license, franchise, privilege or benefits for the
holders.
"(13) The Administration also is a major purchaser of
computers, radars, and other systems needed to run the air
traffic control system. The Administration's design, acceptance,
commissioning, or certification of such equipment enables the
private sector to market those products around the world, and as
such confers a benefit on the manufacturer.
"(14) The Administration provides extensive services to public
use aircraft."
PURPOSES
Section 272 of title II of Pub. L. 104-264 provided that: "The
purposes of this subtitle [subtitle C (Secs. 271-278) of title II
of Pub. L. 104-264, enacting sections 45301, 45303, 48111, and
48201 of this title, amending section 41742 of this title,
renumbering section 45303 of this title as section 45304, repealing
former section 45301 of this title, and enacting provisions set out
as notes under this section and section 41742 of this title] are -
"(1) to provide a financial structure for the Administration
[Federal Aviation Administration] so that it will be able to
support the future growth in the national aviation and airport
system;
"(2) to review existing and alternative funding options,
including incentive-based fees for services, and establish a
program to improve air traffic management system performance and
to establish appropriate levels of cost accountability for air
traffic management services provided by the Administration;
"(3) to ensure that any funding will be dedicated solely for
the use of the Administration;
"(4) to authorize the Administration to recover the costs of
its services from those who benefit from, but do not contribute
to, the national aviation system and the services provided by the
Administration;
"(5) to consider a fee system based on the cost or value of the
services provided and other funding alternatives;
"(6) to develop funding options for Congress in order to
provide for the long-term efficient and cost-effective support of
the Administration and the aviation system; and
"(7) to achieve a more efficient and effective Administration
for the benefit of the aviation transportation industry."
INDEPENDENT ASSESSMENT OF FAA FINANCIAL REQUIREMENTS; ESTABLISHMENT
OF NATIONAL CIVIL AVIATION REVIEW COMMISSION
Section 274 of Pub. L. 104-264, as amended by Pub. L. 106-181,
title III, Sec. 307(c)(3), Apr. 5, 2000, 114 Stat. 126, provided
that:
"(a) Independent Assessment. -
"(1) Initiation. - Not later than 30 days after the date of the
enactment of this Act [Oct. 9, 1996], the Administrator [of the
Federal Aviation Administration] shall contract with an entity
independent of the Administration [Federal Aviation
Administration] and the Department of Transportation to conduct a
complete independent assessment of the financial requirements of
the Administration through the year 2002.
"(2) Assessment criteria. - The Administrator shall provide to
the independent entity estimates of the financial requirements of
the Administration for the period described in paragraph (1),
using as a base the fiscal year 1997 appropriation levels
established by Congress. The independent assessment shall be
based on an objective analysis of agency funding needs.
"(3) Certain factors to be taken into account. - The
independent assessment shall take into account all relevant
factors, including -
"(A) anticipated air traffic forecasts;
"(B) other workload measures;
"(C) estimated productivity gains, if any, which contribute
to budgetary requirements;
"(D) the need for programs; and
"(E) the need to provide for continued improvements in all
facets of aviation safety, along with operational improvements
in air traffic control.
"(4) Cost allocation. - The independent assessment shall also
assess the costs to the Administration occasioned by the
provision of services to each segment of the aviation system.
"(5) Deadline. - The independent assessment shall be completed
no later than 90 days after the contract is awarded, and shall be
submitted to the Commission established under subsection (b), the
Secretary [of Transportation], the Secretary of the Treasury, the
Committee on Commerce, Science, and Transportation and the
Committee on Finance of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on Ways and
Means of the House of Representatives.
"(b) National Civil Aviation Review Commission. -
"(1) Establishment. - There is established a commission to be
known as the National Civil Aviation Review Commission
(hereinafter in this section referred to as the 'Commission').
"(2) Membership. - The Commission shall consist of 21 members
to be appointed as follows:
"(A) 13 members to be appointed by the Secretary, in
consultation with the Secretary of the Treasury, from among
individuals who have expertise in the aviation industry and who
are able, collectively, to represent a balanced view of the
issues important to general aviation, major air carriers, air
cargo carriers, regional air carriers, business aviation,
airports, aircraft manufacturers, the financial community,
aviation industry workers, and airline passengers. At least one
member appointed under this subparagraph shall have detailed
knowledge of the congressional budgetary process.
"(B) Two members appointed by the Speaker of the House of
Representatives.
"(C) Two members appointed by the minority leader of the
House of Representatives.
"(D) Two members appointed by the majority leader of the
Senate.
"(E) Two members appointed by the minority leader of the
Senate.
"(3) Task forces. - The Commission shall establish an aviation
funding task force and an aviation safety task force to carry out
the responsibilities of the Commission under this subsection.
"(4) First meeting. - The Commission may conduct its first
meeting as soon as a majority of the members of the Commission
are appointed.
"(5) Hearings and consultation. -
"(A) Hearings. - The Commission shall take such testimony and
solicit and receive such comments from the public and other
interested parties as it considers appropriate, shall conduct 2
public hearings after affording adequate notice to the public
thereof, and may conduct such additional hearings as may be
necessary.
"(B) Consultation. - The Commission shall consult on a
regular and frequent basis with the Secretary, the Secretary of
the Treasury, the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the Senate, and
the Committee on Transportation and Infrastructure and the
Committee on Ways and Means of the House of Representatives.
"(C) FACA not to apply. - The Commission shall not be
considered an advisory committee for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
"(6) Duties of aviation funding task force. -
"(A) Report to secretary. -
"(i) In general. - The aviation funding task force
established pursuant to paragraph (3) shall submit a report
setting forth a comprehensive analysis of the
Administration's budgetary requirements through fiscal year
2002, based upon the independent assessment under subsection
(a), that analyzes alternative financing and funding means
for meeting the needs of the aviation system through the year
2002. The task force shall submit a preliminary report of
that analysis to the Secretary not later than 6 months after
the independent assessment is completed under subsection (a).
The Secretary shall provide comments on the preliminary
report to the task force within 30 days after receiving the
report. The task force shall issue a final report of such
comprehensive analysis within 30 days after receiving the
Secretary's comments on its preliminary report.
"(ii) Contents. - The report submitted by the aviation
funding task force under clause (i) -
"(I) shall consider the independent assessment under
subsection (a);
"(II) shall consider estimated cost savings, if any, resulting
from the procurement and personnel reforms included in this
Act [see Tables for classification] or in sections 40110(d)
and 40122(g) of title 49, United States Code, and additional
financial initiatives;
"(III) shall include specific recommendations to Congress on
how the Administration can reduce costs, raise additional
revenue for the support of agency operations, and accelerate
modernization efforts; and
"(IV) shall include a draft bill containing the changes in law
necessary to implement its recommendations.
"(B) Recommendations. - The aviation funding task force shall
make such recommendations under subparagraph (A)(ii)(III) as
the task force deems appropriate. Those recommendations may
include -
"(i) proposals for off-budget treatment of the Airport and
Airway Trust Fund;
"(ii) alternative financing and funding proposals,
including linked financing proposals;
"(iii) modifications to existing levels of Airport and
Airways Trust Fund receipts and taxes for each type of tax;
"(iv) establishment of a cost-based user fee system based
on, but not limited to, criteria under subparagraph (F) and
methods to ensure that costs are borne by users on a fair and
equitable basis;
"(v) methods to ensure that funds collected from the
aviation community are able to meet the needs of the agency;
"(vi) methods to ensure that funds collected from the
aviation community and passengers are used to support the
aviation system;
"(vii) means of meeting the airport infrastructure needs
for large, medium, and small airports; and
"(viii) any other matter the task force deems appropriate
to address the funding and needs of the Administration and
the aviation system.
"(C) Additional recommendations. - The aviation funding task
force report may also make recommendations concerning -
"(i) means of improving productivity by expanding and
accelerating the use of automation and other technology;
"(ii) means of contracting out services consistent with
this Act, other applicable law, and safety and national
defense needs;
"(iii) methods to accelerate air traffic control
modernization and improvements in aviation safety and safety
services;
"(iv) the elimination of unneeded programs; and
"(v) a limited innovative program based on funding
mechanisms such as loan guarantees, financial partnerships
with for-profit private sector entities, government-sponsored
enterprises, and revolving loan funds, as a means of funding
specific facilities and equipment projects, and to provide
limited additional funding alternatives for airport capacity
development.
"(D) Impact assessment for recommendations. - For each
recommendation contained in the aviation funding task force's
report, the report shall include a full analysis and assessment
of the impact implementation of the recommendation would have
on -
"(i) safety;
"(ii) administrative costs;
"(iii) the congressional budget process;
"(iv) the economics of the industry (including the
proportionate share of all users);
"(v) the ability of the Administration to utilize the sums
collected; and
"(vi) the funding needs of the Administration.
"(E) Trust fund tax recommendations. - If the task force's
report includes a recommendation that the existing Airport and
Airways Trust Fund tax structure be modified, the report shall
-
"(i) state the specific rates for each group affected by
the proposed modifications;
"(ii) consider the impact such modifications shall have on
specific users and the public (including passengers); and
"(iii) state the basis for the recommendations.
"(F) Fee system recommendations. - If the task force's report
includes a recommendation that a fee system be established,
including an air traffic control performance-based user fee
system, the report shall consider -
"(i) the impact such a recommendation would have on
passengers, air fares (including low-fare, high frequency
service), service, and competition;
"(ii) existing contributions provided by individual air
carriers toward funding the Administration and the air
traffic control system through contributions to the Airport
and Airways Trust Fund;
"(iii) continuing the promotion of fair and competitive
practices;
"(iv) the unique circumstances associated with interisland
air carrier service in Hawaii and rural air service in
Alaska;
"(v) the impact such a recommendation would have on service
to small communities;
"(vi) the impact such a recommendation would have on
services provided by regional air carriers;
"(vii) alternative methodologies for calculating fees so as
to achieve a fair and reasonable distribution of costs of
service among users;
"(viii) the usefulness of phased-in approaches to
implementing such a financing system;
"(ix) means of assuring the provision of general fund
contributions, as appropriate, toward the support of the
Administration; and
"(x) the provision of incentives to encourage greater
efficiency in the provision of air traffic services by the
Administration and greater efficiency in the use of air
traffic services by aircraft operators.
"(7) Duties of aviation safety task force. -
"(A) Report to administrator. - Not later than 1 year after
the date of the enactment of this Act [Oct. 9, 1996], the
aviation safety task force established pursuant to paragraph
(3) shall submit to the Administrator a report setting forth a
comprehensive analysis of aviation safety in the United States
and emerging trends in the safety of particular sectors of the
aviation industry.
"(B) Contents. - The report to be submitted under
subparagraph (A) shall include an assessment of -
"(i) the adequacy of staffing and training resources for
safety personnel of the Administration, including safety
inspectors;
"(ii) the Administration's processes for ensuring the
public safety from fraudulent parts in civil aviation and the
extent to which use of suspected unapproved parts requires
additional oversight or enforcement action; and
"(iii) the ability of the Administration to anticipate
changes in the aviation industry and to develop policies and
actions to ensure the highest level of aviation safety in the
21st century.
"(8) Access to documents and staff. - The Administration may
give the Commission appropriate access to relevant documents and
personnel of the Administration, and the Administrator shall make
available, consistent with the authority to withhold commercial
and other proprietary information under section 552 of title 5,
United States Code (commonly known as the 'Freedom of Information
Act'), cost data associated with the acquisition and operation of
air traffic service systems. Any member of the Commission who
receives commercial or other proprietary data from the
Administrator shall be subject to the provisions of section 1905
of title 18, United States Code, pertaining to unauthorized
disclosure of such information.
"(9) Travel and per diem. - Each member of the Commission shall
be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his or her usual place of
residence, in accordance with section 5703 of title 5, United
States Code.
"(10) Detail of personnel from the administration. - The
Administrator shall make available to the Commission such staff,
information, and administrative services and assistance as may
reasonably be required to enable the Commission to carry out its
responsibilities under this subsection.
"(11) Authorization of appropriations. - There is authorized to
be appropriated such sums as may be necessary to carry out the
provisions of this subsection.
"(c) Reports to Congress. -
"(1) Report by the secretary based on final report of aviation
funding task force. -
"(A) Consideration of task force's preliminary report. - Not
later than 30 days after receiving the preliminary report of
the aviation funding task force, the Secretary, in consultation
with the Secretary of the Treasury, shall furnish comments on
the report to the task force.
"(B) Report to congress. - Not later than 30 days after
receiving the final report of the aviation funding task force,
and in no event more than 1 year after the date of the
enactment of this Act, the Secretary, after consulting the
Secretary of the Treasury, shall transmit a report to the
Committee on Commerce, Science, and Transportation and the
Committee on Finance of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on Ways and
Means of the House of Representatives. Such report shall be
based upon the final report of the task force and shall contain
the Secretary's recommendations for funding the needs of the
aviation system through the year 2002.
"(C) Contents. - The Secretary shall include in the report to
Congress under subparagraph (B) -
"(i) a copy of the final report of the task force; and
"(ii) a draft bill containing the changes in law necessary
to implement the Secretary's recommendations.
"(D) Publication. - The Secretary shall cause a copy of the
report to be printed in the Federal Register upon its
transmittal to Congress under subparagraph (B).
"(2) Report by the administrator based on final report of
aviation safety task force. - Not later than 30 days after
receiving the report of the aviation safety task force, the
Administrator shall transmit the report to Congress, together
with the Administrator's recommendations for improving aviation
safety in the United States.
"(d) GAO Audit of Cost Allocation. - The Comptroller General
shall conduct an assessment of the manner in which costs for air
traffic control services are allocated between the Administration
and the Department of Defense. The Comptroller General shall report
the results of the assessment, together with any recommendations
the Comptroller General may have for reallocation of costs and for
opportunities to increase the efficiency of air traffic control
services provided by the Administration and by the Department of
Defense, to the Commission, the Administrator, the Secretary of
Defense, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate not later than 180 days after the
date of the enactment of this Act.
"(e) GAO Assessment. - Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall transmit
to the Commission and Congress an independent assessment of airport
development needs."
JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM
Pub. L. 103-305, title III, Sec. 303, Aug. 23, 1994, 108 Stat.
1590, provided that:
"(a) Establishment. - The Administrator [of the Federal Aviation
Administration], in consultation with the heads of other
appropriate Federal agencies, shall jointly establish a program to
conduct research on aviation technologies that enhance United
States competitiveness. The program shall include -
"(1) next-generation satellite communications, including global
positioning satellites;
"(2) advanced airport and airplane security;
"(3) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution;
"(4) advanced aviation safety programs; and
"(5) technologies and procedures to enhance and improve airport
and airway capacity.
"(b) Procedures for Contracts and Grants. - The Administrator and
the heads of the other appropriate Federal agencies shall
administer contracts and grants entered into under the program
established under subsection (a) in accordance with procedures
developed jointly by the Administrator and the heads of the other
appropriate Federal agencies. The procedures should include an
integrated acquisition policy for contract and grant requirements
and for technical data rights that are not an impediment to joint
programs among the Federal Aviation Administration, the other
Federal agencies involved, and industry.
"(c) Program Elements. - The program established under subsection
(a) shall include -
"(1) selected programs that jointly enhance public and private
aviation technology development;
"(2) an opportunity for private contractors to be involved in
such technology research and development; and
"(3) the transfer of Government-developed technologies to the
private sector to promote economic strength and competitiveness.
"(d) Authorization of Appropriations. - Of amounts authorized to
be appropriated for fiscal years 1995 and 1996 under section
48102(a) of title 49, United States Code, as amended by section 302
of this title, there are authorized to be appropriated for fiscal
years 1995 and 1996, respectively, such sums as may be necessary to
carry out this section."
AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM
Pub. L. 103-305, title III, Sec. 304, Aug. 23, 1994, 108 Stat.
1591, provided that:
"(a) Establishment. - The Administrator [of the Federal Aviation
Administration], in consultation with the heads of other
appropriate Federal agencies, shall establish a research program to
determine -
"(1) what, if any, aircraft cabin air conditions, including
pressure altitude systems, on flights within the United States
are harmful to the health of airline passengers and crew, as
indicated by physical symptoms such as headaches, nausea,
fatigue, and lightheadedness; and
"(2) the risk of airline passengers and crew contracting
infectious diseases during flight.
"(b) Contract With Center for Disease Control. - In carrying out
the research program established under subsection (a), the
Administrator and the heads of the other appropriate Federal
agencies shall contract with the Center for Disease Control [now
Centers for Disease Control and Prevention] and other appropriate
agencies to carry out any studies necessary to meet the goals of
the program set forth in subsection (c).
"(c) Goals. - The goals of the research program established under
subsection (a) shall be -
"(1) to determine what, if any, cabin air conditions currently
exist on domestic aircraft used for flights within the United
States that could be harmful to the health of airline passengers
and crew, as indicated by physical symptoms such as headaches,
nausea, fatigue, and lightheadedness, and including the risk of
infection by bacteria and viruses;
"(2) to determine to what extent, changes in, cabin air
pressure, temperature, rate of cabin air circulation, the
quantity of fresh air per occupant, and humidity on current
domestic aircraft would reduce or eliminate the risk of illness
or discomfort to airline passengers and crew; and
"(3) to establish a long-term research program to examine
potential health problems to airline passengers and crew that may
arise in an airplane cabin on a flight within the United States
because of cabin air quality as a result of the conditions and
changes described in paragraphs (1) and (2).
"(d) Participation. - In carrying out the research program
established under subsection (a), the Administrator shall encourage
participation in the program by representatives of aircraft
manufacturers, air carriers, aviation employee organizations,
airline passengers, and academia.
"(e) Report. - (1) Within six months after the date of enactment
of this Act [Aug. 23, 1994], the Administrator shall submit to the
Congress a plan for implementation of the research program
established under subsection (a).
"(2) The Administrator shall annually submit to the Congress a
report on the progress made during the year for which the report is
submitted toward meeting the goals set forth in subsection (c).
"(f) Authorization of Appropriations. - Of amounts authorized to
be appropriated for fiscal years 1995 and 1996 under section
48102(a) of title 49, United States Code, as amended by section 302
of this title, there are authorized to be appropriated for fiscal
years 1995 and 1996, respectively, such sums as may be necessary to
carry out this section."
INFORMATION ON DISINSECTION OF AIRCRAFT
Pub. L. 103-305, title V, Sec. 507, Aug. 23, 1994, 108 Stat.
1595, provided that:
"(a) Availability of Information. - In the interest of protecting
the health of air travelers, the Secretary shall publish a list of
the countries (as determined by the Secretary) that require
disinsection of aircraft landing in such countries while passengers
and crew are on board such aircraft.
"(b) Revision. - The Secretary shall revise the list required
under subsection (a) on a periodic basis.
"(c) Publication. - The Secretary shall publish the list required
under subsection (a) not later than 30 days after the date of the
enactment of this Act [Aug. 23, 1994]. The Secretary shall publish
a revision to the list not later than 30 days after completing the
revision under subsection (b)."
GENERAL AVIATION REVITALIZATION ACT OF 1994
Pub. L. 103-298, Aug. 17, 1994, 108 Stat. 1552, as amended by
Pub. L. 105-102, Sec. 3(e), Nov. 20, 1997, 111 Stat. 2215, provided
that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'General Aviation Revitalization
Act of 1994'.
"SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT
MANUFACTURERS.
"(a) In General. - Except as provided in subsection (b), no civil
action for damages for death or injury to persons or damage to
property arising out of an accident involving a general aviation
aircraft may be brought against the manufacturer of the aircraft or
the manufacturer of any new component, system, subassembly, or
other part of the aircraft, in its capacity as a manufacturer if
the accident occurred -
"(1) after the applicable limitation period beginning on -
"(A) the date of delivery of the aircraft to its first
purchaser or lessee, if delivered directly from the
manufacturer; or
"(B) the date of first delivery of the aircraft to a person
engaged in the business of selling or leasing such aircraft; or
"(2) with respect to any new component, system, subassembly, or
other part which replaced another component, system, subassembly,
or other part originally in, or which was added to, the aircraft,
and which is alleged to have caused such death, injury, or
damage, after the applicable limitation period beginning on the
date of completion of the replacement or addition.
"(b) Exceptions. - Subsection (a) does not apply -
"(1) if the claimant pleads with specificity the facts
necessary to prove, and proves, that the manufacturer with
respect to a type certificate or airworthiness certificate for,
or obligations with respect to continuing airworthiness of, an
aircraft or a component, system, subassembly, or other part of an
aircraft knowingly misrepresented to the Federal Aviation
Administration, or concealed or withheld from the Federal
Aviation Administration, required information that is material
and relevant to the performance or the maintenance or operation
of such aircraft, or the component, system, subassembly, or other
part, that is causally related to the harm which the claimant
allegedly suffered;
"(2) if the person for whose injury or death the claim is being
made is a passenger for purposes of receiving treatment for a
medical or other emergency;
"(3) if the person for whose injury or death the claim is being
made was not aboard the aircraft at the time of the accident; or
"(4) to an action brought under a written warranty enforceable
under law but for the operation of this Act.
"(c) General Aviation Aircraft Defined. - For the purposes of
this Act, the term 'general aviation aircraft' means any aircraft
for which a type certificate or an airworthiness certificate has
been issued by the Administrator of the Federal Aviation
Administration, which, at the time such certificate was originally
issued, had a maximum seating capacity of fewer than 20 passengers,
and which was not, at the time of the accident, engaged in
scheduled passenger-carrying operations as defined under
regulations in effect under part A of subtitle VII of title 49,
United States Code, at the time of the accident.
"(d) Relationship to Other Laws. - This section supersedes any
State law to the extent that such law permits a civil action
described in subsection (a) to be brought after the applicable
limitation period for such civil action established by subsection
(a).
"SEC. 3. OTHER DEFINITIONS.
"For purposes of this Act -
"(1) the term 'aircraft' has the meaning given such term in
section 40102(a)(6) of title 49, United States Code;
"(2) the term 'airworthiness certificate' means an
airworthiness certificate issued under section 44704(c)(1) of
title 49, United States Code, or under any predecessor Federal
statute;
"(3) the term 'limitation period' means 18 years with respect
to general aviation aircraft and the components, systems,
subassemblies, and other parts of such aircraft; and
"(4) the term 'type certificate' means a type certificate
issued under section 44704(a) of title 49, United States Code, or
under any predecessor Federal statute.
"SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
"(a) Effective Date. - Except as provided in subsection (b), this
Act shall take effect on the date of the enactment of this Act
[Aug. 17, 1994].
"(b) Application of Act. - This Act shall not apply with respect
to civil actions commenced before the date of the enactment of this
Act."
NATIONAL COMMISSION TO ENSURE A STRONG COMPETITIVE AIRLINE INDUSTRY
Pub. L. 102-581, title II, Sec. 204, Oct. 31, 1992, 106 Stat.
4891, as amended Pub. L. 103-13, Sec. 1, Apr. 7, 1993, 107 Stat.
43, provided for establishment of National Commission to Ensure a
Strong Competitive Airline Industry to make a complete
investigation and study of financial condition of the airline
industry, adequacy of competition in the airline industry, and
legal impediments to a financially strong and competitive airline
industry, to report to President and Congress not later than 90
days after the date on which initial appointments of members to the
Commission were completed, and to terminate on the 30th day
following transmission of report.
-CROSS-
DEFINITIONS OF TERMS IN PUB. L. 107-71
For definitions of terms used in sections 127 and 145 of Pub. L.
107-71, set out above, see section 133 of Pub. L. 107-71, set out
as a note under section 40102 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 40105, 40118, 41109,
47101 of this title; title 39 section 5402.
-End-
-CITE-
49 USC Sec. 40102 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40102. Definitions
-STATUTE-
(a) General Definitions. - In this part -
(1) "aeronautics" means the science and art of flight.
(2) "air carrier" means a citizen of the United States
undertaking by any means, directly or indirectly, to provide air
transportation.
(3) "air commerce" means foreign air commerce, interstate air
commerce, the transportation of mail by aircraft, the operation
of aircraft within the limits of a Federal airway, or the
operation of aircraft that directly affects, or may endanger
safety in, foreign or interstate air commerce.
(4) "air navigation facility" means a facility used, available
for use, or designed for use, in aid of air navigation, including
-
(A) a landing area;
(B) a light;
(C) apparatus or equipment for distributing weather
information, signaling, radio-directional finding, or radio or
other electromagnetic communication; and
(D) another structure or mechanism for guiding or controlling
flight in the air or the landing and takeoff of aircraft.
(5) "air transportation" means foreign air transportation,
interstate air transportation, or the transportation of mail by
aircraft.
(6) "aircraft" means any contrivance invented, used, or
designed to navigate, or fly in, the air.
(7) "aircraft engine" means an engine used, or intended to be
used, to propel an aircraft, including a part, appurtenance, and
accessory of the engine, except a propeller.
(8) "airman" means an individual -
(A) in command, or as pilot, mechanic, or member of the crew,
who navigates aircraft when under way;
(B) except to the extent the Administrator of the Federal
Aviation Administration may provide otherwise for individuals
employed outside the United States, who is directly in charge
of inspecting, maintaining, overhauling, or repairing aircraft,
aircraft engines, propellers, or appliances; or
(C) who serves as an aircraft dispatcher or air traffic
control-tower operator.
(9) "airport" means a landing area used regularly by aircraft
for receiving or discharging passengers or cargo.
(10) "all-cargo air transportation" means the transportation by
aircraft in interstate air transportation of only property or
only mail, or both.
(11) "appliance" means an instrument, equipment, apparatus, a
part, an appurtenance, or an accessory used, capable of being
used, or intended to be used, in operating or controlling
aircraft in flight, including a parachute, communication
equipment, and another mechanism installed in or attached to
aircraft during flight, and not a part of an aircraft, aircraft
engine, or propeller.
(12) "cargo" means property, mail, or both.
(13) "charter air carrier" means an air carrier holding a
certificate of public convenience and necessity that authorizes
it to provide charter air transportation.
(14) "charter air transportation" means charter trips in air
transportation authorized under this part.
(15) "citizen of the United States" means -
(A) an individual who is a citizen of the United States;
(B) a partnership each of whose partners is an individual who
is a citizen of the United States; or
(C) a corporation or association organized under the laws of
the United States or a State, the District of Columbia, or a
territory or possession of the United States, of which the
president and at least two-thirds of the board of directors and
other managing officers are citizens of the United States, and
in which at least 75 percent of the voting interest is owned or
controlled by persons that are citizens of the United States.
(16) "civil aircraft" means an aircraft except a public
aircraft.
(17) "civil aircraft of the United States" means an aircraft
registered under chapter 441 of this title.
(18) "conditional sales contract" means a contract -
(A) for the sale of an aircraft, aircraft engine, propeller,
appliance, or spare part, under which the buyer takes
possession of the property but title to the property vests in
the buyer at a later time on -
(i) paying any part of the purchase price;
(ii) performing another condition; or
(iii) the happening of a contingency; or
(B) to bail or lease an aircraft, aircraft engine, propeller,
appliance, or spare part, under which the bailee or lessee -
(i) agrees to pay an amount substantially equal to the
value of the property; and
(ii) is to become, or has the option of becoming, the owner
of the property on complying with the contract.
(19) "conveyance" means an instrument, including a conditional
sales contract, affecting title to, or an interest in, property.
(20) "Federal airway" means a part of the navigable airspace
that the Administrator designates as a Federal airway.
(21) "foreign air carrier" means a person, not a citizen of the
United States, undertaking by any means, directly or indirectly,
to provide foreign air transportation.
(22) "foreign air commerce" means the transportation of
passengers or property by aircraft for compensation, the
transportation of mail by aircraft, or the operation of aircraft
in furthering a business or vocation, between a place in the
United States and a place outside the United States when any part
of the transportation or operation is by aircraft.
(23) "foreign air transportation" means the transportation of
passengers or property by aircraft as a common carrier for
compensation, or the transportation of mail by aircraft, between
a place in the United States and a place outside the United
States when any part of the transportation is by aircraft.
(24) "interstate air commerce" means the transportation of
passengers or property by aircraft for compensation, the
transportation of mail by aircraft, or the operation of aircraft
in furthering a business or vocation -
(A) between a place in -
(i) a State, territory, or possession of the United States
and a place in the District of Columbia or another State,
territory, or possession of the United States;
(ii) a State and another place in the same State through
the airspace over a place outside the State;
(iii) the District of Columbia and another place in the
District of Columbia; or
(iv) a territory or possession of the United States and
another place in the same territory or possession; and
(B) when any part of the transportation or operation is by
aircraft.
(25) "interstate air transportation" means the transportation
of passengers or property by aircraft as a common carrier for
compensation, or the transportation of mail by aircraft -
(A) between a place in -
(i) a State, territory, or possession of the United States
and a place in the District of Columbia or another State,
territory, or possession of the United States;
(ii) Hawaii and another place in Hawaii through the
airspace over a place outside Hawaii;
(iii) the District of Columbia and another place in the
District of Columbia; or
(iv) a territory or possession of the United States and
another place in the same territory or possession; and
(B) when any part of the transportation is by aircraft.
(26) "intrastate air carrier" means a citizen of the United
States undertaking by any means to provide only intrastate air
transportation.
(27) "intrastate air transportation" means the transportation
by a common carrier of passengers or property for compensation,
entirely in the same State, by turbojet-powered aircraft capable
of carrying at least 30 passengers.
(28) "landing area" means a place on land or water, including
an airport or intermediate landing field, used, or intended to be
used, for the takeoff and landing of aircraft, even when
facilities are not provided for sheltering, servicing, or
repairing aircraft, or for receiving or discharging passengers or
cargo.
(29) "mail" means United States mail and foreign transit mail.
(30) "navigable airspace" means airspace above the minimum
altitudes of flight prescribed by regulations under this subpart
and subpart III of this part, including airspace needed to ensure
safety in the takeoff and landing of aircraft.
(31) "navigate aircraft" and "navigation of aircraft" include
piloting aircraft.
(32) "operate aircraft" and "operation of aircraft" mean using
aircraft for the purposes of air navigation, including -
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of aircraft with or
without the right of legal control of the aircraft.
(33) "person", in addition to its meaning under section 1 of
title 1, includes a governmental authority and a trustee,
receiver, assignee, and other similar representative.
(34) "predatory" means a practice that violates the antitrust
laws as defined in the first section of the Clayton Act (15
U.S.C. 12).
(35) "price" means a rate, fare, or charge.
(36) "propeller" includes a part, appurtenance, and accessory
of a propeller.
(37) "public aircraft" means any of the following:
(A) Except with respect to an aircraft described in
subparagraph (E), an aircraft used only for the United States
Government, except as provided in section 40125(b).
(B) An aircraft owned by the Government and operated by any
person for purposes related to crew training, equipment
development, or demonstration, except as provided in section
40125(b).
(C) An aircraft owned and operated by the government of a
State, the District of Columbia, or a territory or possession
of the United States or a political subdivision of one of these
governments, except as provided in section 40125(b).
(D) An aircraft exclusively leased for at least 90 continuous
days by the government of a State, the District of Columbia, or
a territory or possession of the United States or a political
subdivision of one of these governments, except as provided in
section 40125(b).
(E) An aircraft owned or operated by the armed forces or
chartered to provide transportation to the armed forces under
the conditions specified by section 40125(c).
(38) "spare part" means an accessory, appurtenance, or part of
an aircraft (except an aircraft engine or propeller), aircraft
engine (except a propeller), propeller, or appliance, that is to
be installed at a later time in an aircraft, aircraft engine,
propeller, or appliance.
(39) "State authority" means an authority of a State designated
under State law -
(A) to receive notice required to be given a State authority
under subpart II of this part; or
(B) as the representative of the State before the Secretary
of Transportation in any matter about which the Secretary is
required to consult with or consider the views of a State
authority under subpart II of this part.
(40) "ticket agent" means a person (except an air carrier, a
foreign air carrier, or an employee of an air carrier or foreign
air carrier) that as a principal or agent sells, offers for sale,
negotiates for, or holds itself out as selling, providing, or
arranging for, air transportation.
(41) "United States" means the States of the United States, the
District of Columbia, and the territories and possessions of the
United States, including the territorial sea and the overlying
airspace.
(42) "air traffic control system" means the combination of
elements used to safely and efficiently monitor, direct, control,
and guide aircraft in the United States and United
States-assigned airspace, including -
(A) allocated electromagnetic spectrum and physical, real,
personal, and intellectual property assets making up
facilities, equipment, and systems employed to detect, track,
and guide aircraft movement;
(B) laws, regulations, orders, directives, agreements, and
licenses;
(C) published procedures that explain required actions,
activities, and techniques used to ensure adequate aircraft
separation; and
(D) trained personnel with specific technical capabilities to
satisfy the operational, engineering, management, and planning
requirements for air traffic control.
(b) Limited Definition. - In subpart II of this part, "control"
means control by any means.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1097; Pub. L.
103-305, title VI, Sec. 601(b)(2)(B), Aug. 23, 1994, 108 Stat.
1606; Pub. L. 103-411, Sec. 3(a), Oct. 25, 1994, 108 Stat. 4236;
Pub. L. 103-429, Sec. 6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L.
105-137, Sec. 6, Dec. 2, 1997, 111 Stat. 2641; Pub. L. 106-181,
title III, Sec. 301, title VII, Sec. 702(a), Apr. 5, 2000, 114
Stat. 115, 155.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40102(a)(1) 49 App.:1301(2). Aug. 23, 1958, Pub. L.
85-726, Secs. 101(2), (3)
(less proviso), (5)-(10),
413, 72 Stat. 737, 770.
40102(a)(2) 49 App.:1301(3)
(less proviso).
40102(a)(3) 49 App.:1301(4). Aug. 23, 1958, Pub. L.
85-726, Sec. 101(4), 72
Stat. 737; Sept. 5, 1961,
Pub. L. 87-197, Sec. 3, 75
Stat. 467.
40102(a)(4) 49 App.:1301(8).
40102(a)(5) 49 App.:1301(10).
40102(a)( 49 App.:1301(5),
6), (7) (6).
40102(a)(8) 49 App.:1301(7).
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.
40102(a)(9) 49 App.:1301(9).
40102(a)( 49 App.:1301(11). Aug. 23, 1958, Pub. L.
10) 85-726, 72 Stat. 731, Sec.
101(11); added Nov. 9, 1977,
Pub. L. 95-163, Sec.
17(b)(2), 91 Stat. 1286;
restated Oct. 4, 1984, Pub.
L. 98-443, Sec. 9(a)(1), 98
Stat. 1706.
40102(a)( 49 App.:1301(12). Aug. 23, 1958, Pub. L.
11) 85-726, Sec. 101(12),
(16)-(34), (37), (40), (41),
72 Stat. 737, 739; July 10,
1962, Pub. L. 87-528, Sec.
1, 76 Stat. 143; Sept. 26,
1968, Pub. L. 90-514, Sec.
1, 82 Stat. 867; Oct. 14,
1970, Pub. L. 91-449, Sec.
1(2), 84 Stat. 921; Aug. 5,
1974, Pub. L. 93-366, Sec.
206, 88 Stat. 419; Nov. 9,
1977, Pub. L. 95-163, Sec.
17(b)(1), 91 Stat. 1286;
Oct. 24, 1978, Pub. L.
95-504, Sec. 2(a)(4), (b),
92 Stat. 1705.
40102(a)( (no source).
12)
40102(a)( 49 App.:1301(14) Aug. 23, 1958, Pub. L.
13) (less certificate). 85-726, 72 Stat. 731, Sec.
101(14) (less certificate),
(15); added Oct. 24, 1978,
Pub. L. 95-504, Sec.
2(a)(1), 92 Stat. 1705.
40102(a)( 49 App.:1301(15).
14)
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
40102(a) 49
(15)-(18) App.:1301(16)-(19).
40102(a)( 49 App.:1301(20).
19)
40102(a)( 49 App.:1301(21).
20)
49 App.:1655(c)(1).
40102(a)( 49 App.:1301(22).
21)
40102(a)( 49 App.:1301(23)
22) (related to foreign
air commerce).
40102(a)( 49 App.:1301(24)
23) (related to foreign
air transportation).
40102(a)( 49 App.:1301(23)
24) (related to
interstate and
overseas air
commerce).
40102(a)( 49 App.:1301(24)
25) (related to
interstate and
overseas air
transportation).
49 App.:1305(b)(2), Aug. 23, 1958, Pub. L.
(d) (related to 85-726, 72 Stat. 731, Sec.
(b)(2)). 105(b)(2), (d) (related to
(b)(2)); added Oct. 24,
1978, Pub. L. 95-504, Sec.
4(a), 92 Stat. 1708.
40102(a) 49
(26)-(32) App.:1301(25)-(31).
40102(a)( 49 App.:1301(32).
33)
40102(a)( 49 App.:1301(35). Aug. 23, 1958, Pub. L.
34) 85-726, 72 Stat. 731, Sec.
101(35), (39); added Oct.
24, 1978, Pub. L. 95-504,
Sec. 2(a)(2), (3), (b), 92
Stat. 1705.
40102(a)( (no source).
35)
40102(a)( 49 App.:1301(33),
36) (34).
40102(a)( 49 App.:1301(36). Aug. 23, 1958, Pub. L.
37) 85-726, Sec. 101(36), 72
Stat. 739; Aug. 5, 1974,
Pub. L. 93-366, Sec. 206, 88
Stat. 419; Nov. 9, 1977,
Pub. L. 95-163, Sec.
17(b)(1), 91 Stat. 1286;
Oct. 24, 1978, Pub. L.
95-504, Sec. 2, 92 Stat.
1705; Dec. 30, 1987, Pub. L.
100-223, Sec. 207, 101 Stat.
1523.
40102(a)( 49 App.:1301(37).
38)
40102(a)( 49 App.:1301(39).
39)
40102(a)( 49 App.:1301(40).
40)
40102(a)( 49 App.:1301(41).
41)
40102(b) 49 App.:1383.
--------------------------------------------------------------------
In subsection (a)(2), the words "by any means" are substituted
for "whether . . . or by a lease or any other arrangement" to
eliminate unnecessary words. The word "provide" is substituted for
"engage in" for consistency in the revised title.
In subsection (a)(3), the words "or navigation" are omitted as
being included in the definition of "operation of aircraft" in this
subsection.
In subsection (a)(4)(D), the words "having a similar purpose" are
omitted as surplus.
In subsection (a)(6), the words "now known or hereafter" are
omitted as surplus.
In subsection (a)(7), the words "of the engine" are substituted
for "thereof" for clarity.
In subsection (a)(8)(A), the words "as the person" are omitted as
surplus.
In subsection (a)(10), the word "transportation" is substituted
for "carriage" for consistency in the revised title.
In subsection (a)(11), the words "of whatever description" are
omitted as surplus. The word "navigation" is omitted as being
included in the definition of "operate aircraft" in this
subsection. The words "or mechanisms" are omitted because of 1:1.
Subsection (a)(12) is added for clarity to distinguish between
cargo (which includes mail) and property (which does not include
mail).
In subsection (a)(13), the word "provide" is substituted for
"engage in" for consistency in the revised title.
In subsection (a)(14), the words "including inclusive tour
charter trips" are omitted as obsolete. The words "authorized under
this part" are substituted for "rendered pursuant to authority
conferred under this chapter under regulations prescribed by the
Board" to eliminate unnecessary words.
In subsection (a)(15)(A), the words "or of one of its
possessions" are omitted as being included in the definition of
"United States" in this subsection.
In subsection (a)(15)(C), the words "created or" are omitted as
being included in "organized".
In subsection (a)(17), the words "chapter 441 of this title" are
substituted for "this chapter" for clarity because aircraft are
registered only under chapter 441.
In subsection (a)(18), the text of 49 App.:1301(19) (last
sentence) is omitted as surplus.
In subsection (a)(18)(A), before subclause (i), the words "title
to" are added for clarity and consistency in this section.
In subsection (a)(18)(B)(i), the words "as compensation" are
omitted as surplus.
In subsection (a)(18)(B)(ii), the words "it is agreed that",
"bound", "full", and "the terms of" are omitted as surplus.
In subsection (a)(19), the words "bill of sale . . . mortgage,
assignment of mortgage, or other" are omitted as being included in
"instrument".
In subsection (a)(20), the words "of the United States" are
omitted for consistency in the revised title and because of the
definition of "navigable airspace" in this subsection.
In subsection (a)(21), the words "by any means" are substituted
for "whether . . . or by lease or any other arrangement" to
eliminate unnecessary words. The word "provide" is substituted for
"engage in" for consistency in the revised title.
In subsection (a)(22)-(25) and (27), the words "transportation"
and "passengers" are substituted for "carriage" and "persons",
respectively, for consistency in the revised title. The word
"compensation" is substituted for, and is coextensive with,
"compensation or hire".
In subsection (a)(22) and (24), the words "or navigation" are
omitted as being included in the definition of "operation of
aircraft" in this subsection. The words "the conduct or" and "in
commerce" are omitted as surplus. The words "when any part of the
transportation or operation is by aircraft" are substituted for 49
App.:1301(23) (words after last semicolon) to eliminate unnecessary
words.
In subsection (a)(23) and (25), the words "in commerce" are
omitted as surplus. The words "when any part of the transportation
is by aircraft" are substituted for 49 App.:1301(24) (words after
last semicolon) to eliminate unnecessary words.
In subsection (a)(24), (25), and (27), the words "of the United
States" are omitted as surplus.
In subsection (a)(24)(A)(i) and (25)(A)(i), the words "or the
District of Columbia" the first time they appear are omitted as
surplus.
In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a)
(words between semicolons) is omitted because 49 App.:1305(b)(2)
removes the subject matter of the text from the definition. See H.
Rept. No. 95-1211, 95th Cong., 2d Sess., p.16 (1978).
In subsection (a)(26), the words "by any means" are substituted
for "whether . . . or by a lease or any other arrangement" to
eliminate unnecessary words. The word "provide" is substituted for
"engage" for consistency in the revised title.
In subsection (a)(28), the word "place" is substituted for
"locality" for consistency in the revised title.
In subsection (a)(32)(B), the words "(in the capacity of owner,
lessee, or otherwise)" are omitted as surplus.
In subsection (a)(33), the words "in addition to its meaning
under section 1 of title 1" are substituted for "any individual,
firm, copartnership, corporation, company, association, joint stock
association" for clarity because 1:1 is applicable to all laws
unless otherwise provided. The words "governmental authority" are
substituted for "body politic" for consistency in the revised title
and with other titles of the United States Code.
Subsection (a)(35) is added to eliminate repetition of the words
"rates, fares, or charges" throughout this part.
In subsection (a)(36), the text of 49 App.:1301(34) (1st
sentence) is omitted as obsolete. Reference to the Canal Zone is
omitted because of the Panama Canal Treaty of 1977. The text of 49
App.:1301(34) (last sentence) is omitted because of 48:734.
Subsection (a)(37)(A)(i) is substituted for "used exclusively in
the service of any government" and "For purposes of this paragraph,
'used exclusively in the service of' means, for other than the
Federal Government" for clarity and to eliminate unnecessary words.
Subsection (a)(37)(A)(ii) is substituted for "used exclusively in
the service of any government or of any political subdivision
thereof, including the government of any State, Territory, or
possession of the United States, or the District of Columbia" and
"For purposes of this paragraph, 'used exclusively in the service
of' means, for other than the Federal Government, an aircraft which
is owned and operated by a governmental entity for other than
commercial purposes or which is exclusively leased by such
governmental entity for not less than 90 continuous days" for
clarity and to eliminate unnecessary words.
In subsection (a)(37)(B), the words "transporting passengers or
property" are substituted for "engaged in carrying persons or
property" for consistency in the revised title.
In subsection (a)(38), the words "that is to be installed at a
later time" are substituted for "maintained for installation or use
. . . but which at the time are not installed therein or attached
thereto" to eliminate unnecessary words.
In subsection (a)(39), the word "authority" is substituted for
"agency" and "entity" for consistency in the revised title. Before
subclause (A), the words "department, agency, officer, or other"
are omitted as being included in "authority".
In subsection (a)(40), the words "bona fide" and "by
solicitation, advertisement, or otherwise" are omitted as surplus.
The words "furnishes, contracts" are omitted as being included in
"providing, or arranging".
In subsection (a)(41), the words "States of the United States"
are substituted for "several States", and the word "sea" is
substituted for "waters", for consistency in the revised title and
with other titles of the Code.
Subsection (b) is substituted for 49 App.:1383 to eliminate
unnecessary words.
PUB. L. 103-429
This makes a conforming amendment for consistency with the style
of title 49.
AMENDMENTS
2000 - Subsec. (a)(37). Pub. L. 106-181, Sec. 702(a), amended
par. (37) generally, revising and restating provisions defining
"public aircraft" to include references to qualifications found in
section 40125(b) and (c).
Subsec. (a)(42). Pub. L. 106-181, Sec. 301, added par. (42).
1997 - Subsec. (a)(37)(A). Pub. L. 105-137 struck out "or" at end
of cl. (i), added cl. (ii), and redesignated former cl. (ii) as
(iii).
1994 - Subsec. (a)(30). Pub. L. 103-429 substituted "this subpart
and subpart III" for "subparts I and III".
Subsec. (a)(35). Pub. L. 103-305 struck out "for air
transportation" after "charge".
Subsec. (a)(37)(B). Pub. L. 103-411 added subpar. (B) and struck
out former subpar. (B) which read as follows: "does not include a
government-owned aircraft transporting passengers or property for
commercial purposes."
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 AMENDMENTS
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.
Amendment by Pub. L. 103-411 effective on the 180th day following
Oct. 25, 1994, see section 3(d) of Pub. L. 103-411, set out as a
note under section 1131 of this title.
Amendment by Pub. L. 103-305 effective Jan. 1, 1995, see section
601(d) of Pub. L. 103-305, set out as a note under section 10521 of
this title.
-EXEC-
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.
-CROSS-
DEFINITIONS OF TERMS IN PUB. L. 107-71
Pub. L. 107-71, title I, Sec. 133, Nov. 19, 2001, 115 Stat. 636,
provided that: "Except as otherwise explicitly provided, any term
used in this title [see Tables for classification] that is defined
in section 40102 of title 49, United States Code, has the meaning
given that term in that section."
DEFINITIONS APPLICABLE TO PUB. L. 106-181
Pub. L. 106-181, Sec. 4, Apr. 5, 2000, 114 Stat. 64, provided
that: "Except as otherwise provided in this Act [see Tables for
classification], the following definitions apply:
"(1) Administrator. - The term 'Administrator' means the
Administrator of the Federal Aviation Administration.
"(2) Secretary. - The term 'Secretary' means the Secretary of
Transportation."
DEFINITIONS APPLICABLE TO PUB. L. 103-305
Section 2 of Pub. L. 103-305 provided that: "In this Act [see
Short Title of 1994 Amendment note set out under section 40101 of
this title], the following definitions apply:
"(1) Administrator. - The term 'Administrator' means the
Administrator of the Federal Aviation Administration.
"(2) Secretary. - The term 'Secretary' means the Secretary of
Transportation."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 321, 1101, 1131,
5114, 40125, 47129, 47302, 47522 of this title; title 8 section
1184; title 10 sections 2640, 9511, 9783; title 11 sections 365,
1110; title 15 section 2052; title 18 sections 31, 229F, 553; title
19 sections 1627a, 1644a, 2492; title 22 sections 5605, 6701; title
29 section 1301; title 31 section 3726; title 39 sections 5005,
5007, 5402; title 42 sections 4902, 7574.
-End-
-CITE-
49 USC Sec. 40103 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40103. Sovereignty and use of airspace
-STATUTE-
(a) Sovereignty and Public Right of Transit. - (1) The United
States Government has exclusive sovereignty of airspace of the
United States.
(2) A citizen of the United States has a public right of transit
through the navigable airspace. To further that right, the
Secretary of Transportation shall consult with the Architectural
and Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792)
before prescribing a regulation or issuing an order or procedure
that will have a significant impact on the accessibility of
commercial airports or commercial air transportation for
handicapped individuals.
(b) Use of Airspace. - (1) The Administrator of the Federal
Aviation Administration shall develop plans and policy for the use
of the navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. The Administrator may modify or revoke
an assignment when required in the public interest.
(2) The Administrator shall prescribe air traffic regulations on
the flight of aircraft (including regulations on safe altitudes)
for -
(A) navigating, protecting, and identifying aircraft;
(B) protecting individuals and property on the ground;
(C) using the navigable airspace efficiently; and
(D) preventing collision between aircraft, between aircraft and
land or water vehicles, and between aircraft and airborne
objects.
(3) To establish security provisions that will encourage and
allow maximum use of the navigable airspace by civil aircraft
consistent with national security, the Administrator, in
consultation with the Secretary of Defense, shall -
(A) establish areas in the airspace the Administrator decides
are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of
civil aircraft that the Administrator cannot identify, locate,
and control with available facilities in those areas.
(4) Notwithstanding the military exception in section 553(a)(1)
of title 5, subchapter II of chapter 5 of title 5 applies to a
regulation prescribed under this subsection.
(c) Foreign Aircraft. - A foreign aircraft, not part of the armed
forces of a foreign country, may be navigated in the United States
as provided in section 41703 of this title.
(d) Aircraft of Armed Forces of Foreign Countries. - Aircraft of
the armed forces of a foreign country may be navigated in the
United States only when authorized by the Secretary of State.
(e) No Exclusive Rights at Certain Facilities. - A person does
not have an exclusive right to use an air navigation facility on
which Government money has been expended. However, providing
services at an airport by only one fixed-based operator is not an
exclusive right if -
(1) it is unreasonably costly, burdensome, or impractical for
more than one fixed-based operator to provide the services; and
(2) allowing more than one fixed-based operator to provide the
services requires a reduction in space leased under an agreement
existing on September 3, 1982, between the operator and the
airport.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1101.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40103(a)(1) 49 App.:1508(a) Aug. 23, 1958, Pub. L.
(1st sentence). 85-726, Secs. 307(a), (c),
(d), 308(a) (3d sentence),
1108(a), 1201, 1202, 72
Stat. 749, 750, 751, 798,
800.
40103(a)(2) 49 App.:1304. Aug. 23, 1958, Pub. L.
85-726, Sec. 104, 72 Stat.
740; Oct. 4, 1984, Pub. L.
98-443, Sec. 14, 98 Stat.
1711.
49 Aug. 28, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
40103(b)(1) 49 App.:1348(a).
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.
40103(b)(2) 49 App.:1348(c).
49 App.:1655(c)(1).
40103(b)(3) 49 App.:1521.
49 App.:1522.
49 App.:1655(c)(1).
40103(b)(4) 49 App.:1348(d).
40103(c) (no source).
40103(d) 49 App.:1508(a)
(last sentence).
40103(e) 49 App.:1349(a) (3d
sentence).
49 App.:1349(a) Aug. 23, 1958, Pub. L.
(last sentence). 85-726, 72 Stat. 731, Sec.
308(a) (last sentence);
added Sept. 3, 1982, Pub. L.
97-248, Sec. 524(a)(1), 96
Stat. 695.
--------------------------------------------------------------------
In subsection (a)(1), the word "has" is substituted for "is
declared to possess and exercise complete and" to eliminate surplus
words. The word "national" is omitted as surplus. The text of 49
App.:1508(a) (1st sentence words after 1st comma) is omitted as
surplus.
In subsection (a)(2), the words "of the United States" are
omitted for consistency in the revised title and because of the
definition of "navigable airspace" in section 40102(a) of the
revised title. The words "or amending" are omitted as surplus.
In subsection (b), the word "Administrator" in section 307(a),
(c), and (d) of the Federal Aviation Act of 1958 (Public Law
85-726, 72 Stat. 749, 750) is retained on authority of 49:106(g).
In subsection (b)(1) and (3)(B), the word "rule" is omitted as
being synonymous with "regulation".
In subsection (b)(1), the words "under such terms, conditions,
and limitations as he may deem" are omitted as surplus. The words
"In the exercise of his authority under section 1348(a) of this
Appendix" in 49 App.:1522 are omitted as unnecessary because of the
restatement.
In subsection (b)(2), before clause (A), the word "shall" is
substituted for "is further authorized and directed" for
consistency in the revised title and to eliminate unnecessary
words.
In subsection (b)(3), before clause (A), the words "In the
exercise of his authority under section 1348(a) of this Appendix"
in 49 App.:1522 are omitted as surplus. The word "navigable" is
added for clarity and consistency. In clause (A), the words "such
zones or" are omitted as surplus.
In subsection (b)(4), the words "the military exception" are
substituted for "any exception relating to military or naval
functions" to eliminate unnecessary words and because "naval" is
included in "military". The words "applies to a regulation
prescribed under" are substituted for "In the exercise of the
rulemaking authority . . . the Secretary of Transportation shall be
subject to" to eliminate unnecessary words and because "rules" and
"regulations" are synonymous.
Subsection (c) is added for clarity.
In subsection (d), the words "including the Canal Zone" are
omitted because of the Panama Canal Treaty of 1977.
In subsection (e), before clause (1), the words "any landing
area" are omitted as being included in the definition of "air
navigation facility" in section 40102(a) of the revised title. The
word "only" is added for clarity. In clause (2), the words "on
September 3, 1982" are added for clarity.
REGULATIONS
Pub. L. 85-726, title VI, Sec. 613(a), (b), as added by Pub.
L.101-508, title IX, Sec. 9124, Nov. 5, 1990, 104 Stat. 1388-370,
provided that:
"(a) National Disaster Areas. - Before the 180th day following
the date of the enactment of this section [Nov. 5, 1990], the
Administrator, for safety and humanitarian reasons, shall issue
such regulations as may be necessary to prohibit or otherwise
restrict aircraft overflights of any inhabited area which has been
declared a national disaster area in the State of Hawaii.
"(b) Exceptions. - Regulations issued pursuant to subsection (a)
shall not be applicable in the case of aircraft overflights
involving an emergency or a ligitimate [sic] scientific purpose."
NATIONAL AIRSPACE REDESIGN
Pub. L. 106-181, title VII, Sec. 736, Apr. 5, 2000, 114 Stat.
171, provided that:
"(a) Findings. - Congress makes the following findings:
"(1) The national airspace, comprising more than 29 million
square miles, handles more than 55,000 flights per day.
"(2) Almost 2,000,000 passengers per day traverse the United
States through 20 major en route centers, including more than 700
different sectors.
"(3) Redesign and review of the national airspace may produce
benefits for the travelling public by increasing the efficiency
and capacity of the air traffic control system and reducing
delays.
"(4) Redesign of the national airspace should be a high
priority for the Federal Aviation Administration and the air
transportation industry.
"(b) Redesign. - The Administrator [of the Federal Aviation
Administration], with advice from the aviation industry and other
interested parties, shall conduct a comprehensive redesign of the
national airspace system.
"(c) Report. - Not later than December 31, 2000, 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 Administrator's comprehensive national airspace
redesign. The report shall include projected milestones for
completion of the redesign and shall also include a date for
completion.
"(d) Authorization. - There is authorized to be appropriated to
the Administrator to carry out this section $12,000,000 for each of
fiscal years 2000, 2001, and 2002."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 40106, 40109, 44101,
44502, 46301, 46307, 46316 of this title.
-End-
-CITE-
49 USC Sec. 40104 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40104. Promotion of civil aeronautics and safety of air
commerce
-STATUTE-
(a) Developing Civil Aeronautics and Safety of Air Commerce. -
The Administrator of the Federal Aviation Administration shall
encourage the development of civil aeronautics and safety of air
commerce in and outside the United States. In carrying out this
subsection, the Administrator shall take action that the
Administrator considers necessary to establish, within available
resources, a program to distribute civil aviation information in
each region served by the Administration. The program shall
provide, on request, informational material and expertise on civil
aviation to State and local school administrators, college and
university officials, and officers of other interested
organizations.
(b) Developing and Constructing Civil Supersonic Aircraft. - The
Secretary of Transportation may develop and construct a civil
supersonic aircraft.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102; Pub. L.
103-429, Sec. 6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L.
104-264, title IV, Sec. 401(b)(1), Oct. 9, 1996, 110 Stat. 3255.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40104 49 App.:1346. Aug. 23, 1958, Pub. L.
85-726, Sec. 305, 72 Stat.
749.
49 App.:1346a. July 12, 1976, Pub. L.
94-353, Sec. 21, 90 Stat.
884.
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.
--------------------------------------------------------------------
The words "and foster" in 49 App.:1346 are omitted as surplus.
The words "In carrying out this section" are substituted for "In
furtherance of his mandate to promote civil aviation" in 49
App.:1346a because of the restatement. The word "Administrator" is
substituted for "Secretary of Transportation acting through the
Administrator of the Federal Aviation Administration" for
consistency with the source provisions restated in this section.
The words "be designed so as to", "various aspects of", and "civil
and" are omitted as surplus.
PUB. L. 103-429, SEC. 6(47)(A), (B)
This makes conforming amendments to 49:40104, as enacted by
section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat.
1102), because of the restatement of 49 App.:1655(c)(1) (words
after last comma) as 49:40104(b) by section 6(47)(C) of the bill.
PUB. L. 103-429, SEC. 6(47)(C)
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40104(b) 49 App.:1655(c)(1) Oct. 15, 1966, Pub. L.
(words after last 89-670, Sec. 6(c)(1) (words
comma). after last comma), 80 Stat.
938; Jan. 12, 1983, Pub. L.
97-449, Sec. 7(b), 96 Stat.
2444.
--------------------------------------------------------------------
AMENDMENTS
1996 - Pub. L. 104-264, Sec. 401(b)(1)(A), inserted "safety of"
before "air commerce" in section catchline.
Subsec. (a). Pub. L. 104-264, Sec. 401(b)(1)(B), (C), inserted
"Safety of" before "Air Commerce" in heading and "safety of" before
"air commerce" in text.
1994 - Pub. L. 103-429 designated existing provisions as subsec.
(a), inserted heading, substituted "carrying out this subsection"
for "carrying out this section", and added subsec. (b).
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.
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.
-End-
-CITE-
49 USC Sec. 40105 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40105. International negotiations, agreements, and obligations
-STATUTE-
(a) Advice and Consultation. - The Secretary of State shall
advise the Administrator of the Federal Aviation Administration and
the Secretaries of Transportation and Commerce, and consult with
them as appropriate, about negotiations for an agreement with a
government of a foreign country to establish or develop air
navigation, including air routes and services. The Secretary of
Transportation shall consult with the Secretary of State in
carrying out this part to the extent this part is related to
foreign air transportation.
(b) Actions of Secretary and Administrator. - (1) In carrying out
this part, the Secretary of Transportation and the Administrator -
(A) shall act consistently with obligations of the United
States Government under an international agreement;
(B) shall consider applicable laws and requirements of a
foreign country; and
(C) may not limit compliance by an air carrier with obligations
or liabilities imposed by the government of a foreign country
when the Secretary takes any action related to a certificate of
public convenience and necessity issued under chapter 411 of this
title.
(2) This subsection does not apply to an agreement between an air
carrier or an officer or representative of an air carrier and the
government of a foreign country, if the Secretary of Transportation
disapproves the agreement because it is not in the public interest.
Section 40106(b)(2) of this title applies to this subsection.
(c) Consultation on International Air Transportation Policy. - In
carrying out section 40101(e) of this title, the Secretaries of
State and Transportation, to the maximum extent practicable, shall
consult on broad policy goals and individual negotiations with -
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;
(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities
affected by international aviation policy.
(d) Congressional Observers at International Aviation
Negotiations. - The President shall grant to at least one
representative of each House of Congress the privilege of attending
international aviation negotiations as an observer if the privilege
is requested in advance in writing.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40105(a) 49 App.:1462. Aug. 23, 1958, Pub. L.
85-726, Sec. 802, 72 Stat.
783.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(B). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(B); added Oct.
24, 1978, Pub. L. 95-504,
Sec. 40(a), 92 Stat. 1745.
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.
40105(b) 49 App.:1502(a). Aug. 23, 1958, Pub. L.
85-726, Sec. 1102(a), 72
Stat. 797; Feb. 15, 1980,
Pub. L. 96-192, Sec. 17, 94
Stat. 42.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b) (1)(E); added Oct.
4, 1984, Pub. L. 98-443,
Sec. 3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
40105(c) 49 App.:1502(c). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1102(c), (d); added Feb. 15,
1980, Pub. L. 96-192, Sec.
17, 94 Stat. 43.
49
App.:1551(b)(1)(E).
40105(d) 49 App.:1502(d).
--------------------------------------------------------------------
In subsection (a), the words "government of a foreign country"
are substituted for "foreign governments" in 49 App.:1462 and
"foreign country" in 49 App.:1502(a) for consistency in the revised
title and with other titles of the United States Code. The words
"Secretary of Transportation" are substituted for "Department of
Transportation" in 49 App.:1551(b)(1)(B) because of 49:102(b). The
words "Secretary of State" are substituted for "Department of
State" because of 22:2651.
In subsection (b)(1), before clause (A), the words "carrying out"
are substituted for "exercising and performing . . . powers and
duties" for consistency in the revised title and with other titles
of the Code. In clause (A), the words "an international agreement"
are substituted for "any treaty, convention, or agreement that may
be in force between the United States and any foreign country or
foreign countries" for consistency and to eliminate unnecessary
words. In clause (C), the word "public" is added for consistency in
this part.
In subsection (b)(2), the words "obligation, duty, or liability
arising out of a contract or other" and "heretofore or hereafter"
are omitted as surplus. The words "government of a foreign country"
are substituted for "foreign country" for consistency in the
revised title and with other titles of the Code. The last sentence
is inserted to inform the reader that section 40106(b)(2) of the
revised title qualifies this subsection.
In subsection (c), before clause (1), the words "To assist" are
omitted as surplus. The words "carrying out" are substituted for
"developing and implementing" for consistency in the revised title
and with other titles of the Code. The word "both" is omitted as
surplus. In clause (8), the word "authorities" is substituted for
"agencies" for consistency in the revised title and with other
titles of the Code.
REPORT ON CERTAIN BILATERAL NEGOTIATIONS
Pub. L. 103-305, title V, Sec. 519, Aug. 23, 1994, 108 Stat.
1600, provided that: "The Secretary shall report every other month
to the Committee on Public Works and Transportation [now Committee
on Transportation and Infrastructure] of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of all active aviation
bilateral and multilateral negotiations and informal
government-to-government consultations with United States aviation
trade partners."
WARSAW CONVENTION
49 STAT. 3000; TS 876
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO
INTERNATIONAL TRANSPORTATION BY AIR
The President of the German Reich, the Federal President of the
Republic of Austria, His Majesty the King of the Belgians, the
President of the United States of Brazil, His Majesty the King of
the Bulgarians, the President of the Nationalist Government of
China, His Majesty the King of Denmark and Iceland, His Majesty the
King of Egypt, His Majesty the King of Spain, the Chief of State of
the Republic of Estonia, the President of the Republic of Finland,
the President of the French Republic, His Majesty the King of Great
Britain, Ireland, and the British Dominions Beyond the Seas,
Emperor of India, the President of the Hellenic Republic, His Most
Serene Highness the Regent of the Kingdom of Hungary, His Majesty
the King of Italy, His Majesty the Emperor of Japan, the President
of the Republic of Latvia, Her Royal Highness the Grand Duchess of
Luxemburg, the President of the United Mexican States, His Majesty
the King of Norway, Her Majesty the Queen of the Netherlands, the
President of the Republic of Poland, His Majesty the King of
Rumania, His Majesty the King of Sweden, the Swiss Federal Council,
the President of the Czechoslovak Republic, the Central Executive
Committee of the Union of Soviet Socialist Republics, the President
of the United States of Venezuela, His Majesty the King of
Yugoslavia:
Having recognized the advantage of regulating in a uniform manner
the conditions of international transportation by air in respect of
the documents used for such transportation and of the liability of
the carrier,
Have nominated to this end their respective Plenipotentiaries,
who being thereto duly authorized, have concluded and signed the
following convention:
CHAPTER I - SCOPE - DEFINITIONS
ARTICLE 1
(1) This convention shall apply to all international
transportation of persons, baggage, or goods performed by aircraft
for hire. It shall apply equally to gratuitous transportation by
aircraft performed by an air transportation enterprise.
(2) For the purpose of this convention the expression
"international transportation" shall mean any transportation in
which, according to the contract made by the parties, the place of
departure and the place of destination, whether or not there be a
break in the transportation or a transshipment, are situated either
within the territories of two High Contracting Parties, or within
the territory of a single High Contracting Party, if there is an
agreed stopping place within a territory subject to the
sovereignty, suzerainty, mandate or authority of another power,
even though that power is not a party to this convention.
Transportation without such an agreed stopping place between
territories subject to the sovereignty, suzerainty, mandate, or
authority of the same High Contracting Party shall not be deemed to
be international for the purposes of this convention.
(3) Transportation to be performed by several successive air
carriers shall be deemed, for the purposes of this convention, to
be one undivided transportation, if it has been regarded by the
parties as a single operation, whether it has been agreed upon
under the form of a single contract or of a series of contracts,
and it shall not lose its international character merely because
one contract or series of contracts is to be performed entirely
within a territory subject to the sovereignty, suzerainty, mandate,
or authority of the same High Contracting Party.
ARTICLE 2
(1) This convention shall apply to transportation performed by
the state or by legal entities constituted under public law
provided it falls within the conditions laid down in article 1.
(2) This convention shall not apply to transportation performed
under the terms of any international postal convention.
CHAPTER II - TRANSPORTATION DOCUMENTS
SECTION I - PASSENGER TICKET
ARTICLE 3
(1) For the transportation of passengers the carrier must deliver
a passenger ticket which shall contain the following particulars:
(a) The place and date of issue;
(b) The place of departure and of destination;
(c) The agreed stopping places, provided that the carrier may
reserve the right to alter the stopping places in case of
necessity, and that if he exercises that right, the alteration
shall not have the effect of depriving the transportation of its
international character;
(d) The name and address of the carrier or carriers;
(e) A statement that the transportation is subject to the rules
relating to liability established by this convention.
(2) The absence, irregularity, or loss of the passenger ticket
shall not affect the existence or the validity of the contract of
transportation, which shall none the less be subject to the rules
of this convention. Nevertheless, if the carrier accepts a
passenger without a passenger ticket having been delivered he shall
not be entitled to avail himself of those provisions of this
convention which exclude or limit his liability.
SECTION II - BAGGAGE CHECK
ARTICLE 4
(1) For the transportation of baggage, other than small personal
objects of which the passenger takes charge himself, the carrier
must deliver a baggage check.
(2) The baggage check shall be made out in duplicate, one part
for the passenger and the other part for the carrier.
(3) The baggage check shall contain the following particulars:
(a) The place and date of issue;
(b) The place of departure and of destination;
(c) The name and address of the carrier or carriers;
(d) The number of the passenger ticket;
(e) A statement that delivery of the baggage will be made to the
bearer of the baggage check;
(f) The number and weight of the packages;
(g) The amount of the value declared in accordance with article
22(2);
(h) A statement that the transportation is subject to the rules
relating to liability established by this convention.
(4) The absence, irregularity, or loss of the baggage check shall
not affect the existence or the validity of the contract of
transportation which shall none the less be subject to the rules of
this convention. Nevertheless, if the carrier accepts baggage
without a baggage check having been delivered, or if the baggage
check does not contain the particulars set out at (d), (f), and (h)
above, the carrier shall not be entitled to avail himself of those
provisions of the convention which exclude or limit his liability.
SECTION III - AIR WAYBILL
ARTICLE 5
(1) Every carrier of goods has the right to require the consignor
to make out and hand over to him a document called an "air
waybill": every consignor has the right to require the carrier to
accept this document.
(2) The absence, irregularity, or loss of this document shall not
affect the existence or the validity of the contract of
transportation which shall, subject to the provisions of article 9,
be none the less governed by the rules of this convention.
ARTICLE 6
(1) The air waybill shall be made out by the consignor in three
original parts and be handed over with the goods.
(2) The first part shall be marked "for the carrier", and shall
be signed by the consignor. The second part shall be marked "for
the consignee"; it shall be signed by the consignor and by the
carrier and shall accompany the goods. The third part shall be
signed by the carrier and handed by him to the consignor after the
goods have been accepted.
(3) The carrier shall sign on acceptance of the goods.
(4) The signature of the carrier may be stamped; that of the
consignor may be printed or stamped.
(5) If, at the request of the consignor, the carrier makes out
the air waybill, he shall be deemed, subject to proof to the
contrary, to have done so on behalf of the consignor.
ARTICLE 7
The carrier of goods has the right to require the consignor to
make out separate waybills when there is more than package.
ARTICLE 8
The air waybill shall contain the following particulars:
(a) The place and date of its execution;
(b) The place of departure and of destination;
(c) The agreed stopping places, provided that the carrier may
reserve the right to alter the stopping places in case of
necessity, and that if he exercises that right the alteration shall
not have the effect of depriving the transportation of its
international character;
(d) The name and address of the consignor;
(e) The name and address of the first carrier;
(f) The name and address of the consignee, if the case so
requires;
(g) The nature of the goods;
(h) The number of packages, the method of packing, and the
particular marks or numbers upon them;
(i) The weight, the quantity, the volume, or dimensions of the
goods;
(j) The apparent condition of the goods and of the packing;
(k) The freight, if it has been agreed upon, the date and place
of payment, and the person who is to pay it;
(l) If the goods are sent for payment on delivery, the price of
the goods, and, if the case so requires, the amount of the expenses
incurred;
(m) The amount of the value declared in accordance with article
22(2);
(n) The number of parts of the air waybill;
(o) The documents handed to the carrier to accompany the air
waybill;
(p) The time fixed for the completion of the transportation and a
brief note of the route to be followed, of these matters have been
agreed upon;
(q) A statement that the transportation is subject to the rules
relating to liability established by this convention.
ARTICLE 9
If the carrier accepts goods without an air waybill having been
made out, or if the air waybill does not contain all the
particulars set out in article 8(a) to (i), inclusive, and (q), the
carrier shall not be entitled to avail himself of the provisions of
this convention which exclude or limit his liability.
ARTICLE 10
(1) The consignor shall be responsible for the correctness of the
particulars and statements relating to the goods which he inserts
in the air waybill.
(2) The consignor shall be liable for all damages suffered by the
carrier or any other person by reason of the irregularity,
incorrectness or incompleteness of the said particulars and
statements.
ARTICLE 11
(1) The air waybill shall be prima facie evidence of the
conclusion of the contract, of the receipt of the goods and of the
conditions of transportation.
(2) The statements in the air waybill relating to the weight,
dimensions, and packing of the goods, as well as those relating to
the number of packages, shall be prima facie evidence of the facts
stated; those relating to the quantity, volume, and condition of
the goods shall not constitute evidence against the carrier except
so far as they both have been, and are stated in the air waybill to
have been, checked by him in the presence of the consignor, or
relate to the apparent condition of the goods.
ARTICLE 12
(1) Subject to his liability to carry out all his obligations
under the contract of transportation, the consignor shall have the
right to dispose of the goods by withdrawing them at the airport of
departure or destination, or by stopping them in the course of the
journey on any landing, or by calling for them to be delivered at
the place of destination, or in the course of the journey to a
person other than the consignee named in the air waybill, or by
requiring them to be returned to the airport of departure. He must
not exercise this right of disposition in such a way as to
prejudice the carrier or other consignors, and he must repay any
expenses occasioned by the exercise of this right.
(2) If it is impossible to carry out the orders of the consignor
the carrier must so inform him forthwith.
(3) If the carrier obeys the orders of the consignor for the
disposition of the goods without requiring the production of the
part of the air waybill delivered to the latter, he will be liable,
without prejudice to his right of recovery from the consignor, for
any damage which may be caused thereby to any person who is
lawfully in possession of that part of the air waybill.
(4) The right conferred on the consignor shall cease at the
moment when that of the consignee begins in accordance with article
13, below. Nevertheless, if the consignee declines to accept the
waybill or the goods, or if he cannot be communicated with, the
consignor shall resume his right of disposition.
ARTICLE 13
(1) Except in the circumstances set out in the preceding article,
the consignee shall be entitled, on arrival of the goods at the
place of destination, to require the carrier to hand over to him
the air waybill and to deliver the goods to him, on payment of the
charges due and on complying with the conditions of transportation
set out in the air waybill.
(2) Unless it is otherwise agreed, it shall be the duty of the
carrier to give notice to the consignee as soon as the goods
arrive.
(3) If the carrier admits the loss of the goods, or if the goods
have not arrived at the expiration of seven days after the date on
which they ought to have arrived, the consignee shall be entitled
to put into force against the carrier the rights which flow from
the contract of transportation.
ARTICLE 14
The consignor and the consignee can respectively enforce all the
rights given them by articles 12 and 13, each in his own name,
whether he is acting in his own interest or in the interest of
another, provided that he carries out the obligations imposed by
the contract.
ARTICLE 15
(1) Articles 12, 13, and 14 shall not affect either the relations
of the consignor and the consignee with each other or the relations
of third parties whose rights are derived either from the consignor
or from the consignee.
(2) The provisions of articles 12, 13, and 14 can only be varied
by express provision in the air waybill.
ARTICLE 16
(1) The consignor must furnish such information and attach to the
air waybill such documents as are necessary to meet the formalities
of customs, octroi, or police before the goods can be delivered to
the consignee. The consignor shall be liable to the carrier for any
damage occasioned by the absence, insufficiency, or irregularity of
any such information or documents, unless the damage is due to the
fault of the carrier or his agents.
(2) The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.
CHAPTER III - LIABILITY OF THE CARRIER
ARTICLE 17
The carrier shall be liable for damage sustained in the event of
the death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage so
sustained took place on board the aircraft or in the course of any
of the operations of embarking or disembarking.
ARTICLE 18
(1) The carrier shall be liable for damage sustained in the event
of the destruction or loss of, or of damage to, any checked baggage
or any goods, if the occurrence which caused the damage so
sustained took place during the transportation by air.
(2) The transportation by air within the meaning of the preceding
paragraph shall comprise the period during which the baggage or
goods are in charge of the carrier, whether in an airport or on
board an aircraft, or in the case of a landing outside an airport,
in any place whatsoever.
(3) The period of the transportation by air shall not extend to
any transportation by land, by sea, or by river performed outside
an airport. If, however, such transportation takes place in the
performance of a contract for transportation by air, for the
purpose of loading, delivery or transshipment, any damage is
presumed, subject to proof to the contrary, to have been the result
of an event which took place during the transportation by air.
ARTICLE 19
The carrier shall be liable for damage occasioned by delay in the
transportation by air of passengers, baggage, or goods.
ARTICLE 20
(1) The carrier shall not be liable if he proves that he and his
agents have taken all necessary measures to avoid the damage or
that it was impossible for him or them to take such measures.
(2) In the transportation of goods and baggage the carrier shall
not be liable if he proves that the damage was occasioned by an
error in piloting, in the handling of the aircraft, or in
navigation and that, in all other respects, he and his agents have
taken all necessary measures to avoid the damage.
ARTICLE 21
If the carrier proves that the damage was caused by or
contributed to by the negligence of the injured person the court
may, in accordance with the provisions of its own law, exonerate
the carrier wholly or partly from his liability.
ARTICLE 22
(1) In the transportation of passengers the liability of the
carrier for each passenger shall be limited to the sum of 125,000
francs. Where, in accordance with the law of the court to which the
case is submitted, damages may be awarded in the form of periodical
payments, the equivalent capital value of the said payments shall
not exceed 125,000 francs. Nevertheless, by special contract, the
carrier and the passenger may agree to a higher limit of liability.
(2) In the transportation of checked baggage and of goods, the
liability of the carrier shall be limited to a sum of 250 francs
per kilogram, unless the consignor has made, at the time when the
package was handed over to the carrier, a special declaration of
the value at delivery and has paid a supplementary sum if the case
so requires. In that case the carrier will be liable to pay a sum
not exceeding the declared sum, unless he proves that that sum is
greater than the actual value to the consignor at delivery.
(3) As regards objects of which the passenger takes charge
himself the liability of the carrier shall be limited to 5,000
francs per passenger.
(4) The sums mentioned above shall be deemed to refer to the
French franc consisting of 65 1/2 milligrams of gold at the
standard of fineness of nine hundred thousandths. These sums may be
converted into any national currency in round figures.
ARTICLE 23
Any provision tending to relieve the carrier of liability or to
fix a lower limit than that which is laid down in this convention
shall be null and void, but the nullity of any such provision shall
not involve the nullity of the whole contract, which shall remain
subject to the provisions of this convention.
ARTICLE 24
(1) In the cases covered by articles 18 and 19 any action for
damages, however founded, can only be brought subject to the
conditions and limits set out in this convention.
(2) In the cases covered by article 17 the provisions of the
preceding paragraph shall also apply, without prejudice to the
questions as to who are the persons who have the right to bring
suit and what are their respective rights.
ARTICLE 25
(1) The carrier shall not be entitled to avail himself of the
provisions of this convention which exclude or limit his liability,
if the damage is caused by his willful misconduct or by such
default on his part as, in accordance with the law of the court to
which the case is submitted, is considered to be equivalent to
wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself
of the said provisions, if the damage is caused under the same
circumstances by any agent of the carrier acting within the scope
of his employment.
ARTICLE 26
(1) Receipt by the person entitled to the delivery of baggage or
goods without complaint shall be prima facie evidence that the same
have been delivered in good condition and in accordance with the
document of transportation.
(2) In case of damage, the person entitled to delivery must
complain to the carrier forthwith after the discovery of the
damage, and, at the latest, within 3 days from the date of receipt
in the case of baggage and 7 days from the date of receipt in the
case of goods. In case of delay the complaint must be made at the
latest within 14 days from the date on which the baggage or goods
have been placed at his disposal.
(3) Every complaint must be made in writing upon the document of
transportation or by separate notice in writing dispatched within
the times aforesaid.
(4) Failing complaint within the times aforesaid, no action shall
lie against the carrier, save in the case of fraud on his part.
ARTICLE 27
In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this convention
against those legally representing his estate.
ARTICLE 28
(1) An action for damages must be brought, at the option of the
plaintiff, in the territory of one of the High Contracting Parties,
either before the court of the domicile of the carrier or of his
principal place of business, or where he has a place of business
through which the contract has been made, or before the court at
the place of destination.
(2) Questions of procedure shall be governed by the law of the
court to which the case in submitted.
ARTICLE 29
(1) The right to damages shall be extinguished if an action is
not brought within 2 years, reckoned from the date of arrival at
the destination, or from the date on which the aircraft ought to
have arrived, or from the date on which the transportation stopped.
(2) The method of calculating the period of limitation shall be
determined by the law of the court to which the case is submitted.
ARTICLE 30
(1) In the case of transportation to be performed by various
successive carriers and falling within the definition set out in
the third paragraph of article 1, each carrier who accepts
passengers, baggage or goods shall be subject to the rules set out
in this convention, and shall be deemed to be one of the
contracting parties to the contract of transportation insofar as
the contract deals with that part of the transportation which is
performed under his supervision.
(2) In the case of transportation of this nature, the passenger
or his representative can take action only against the carrier who
performed the transportation during which the accident or the delay
occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey.
(3) As regards baggage or goods, the passenger or consignor shall
have a right of action against the first carrier, and the passenger
or consignee who is entitled to delivery shall have a right of
action against the last carrier, and further, each may take action
against the carrier who performed the transportation during which
the destruction, loss, damage, or delay took place. These carriers
shall be jointly and severally liable to the passenger or to the
consignor or consignee.
CHAPTER IV - PROVISIONS RELATING TO COMBINED TRANSPORTATION
ARTICLE 31
(1) In the case of combined transportation performed partly by
air and partly by any other mode of transportation, the provisions
of this convention shall apply only to the transportation by air,
provided that the transportation by air falls within the terms of
article 1.
(2) Nothing in this convention shall prevent the parties in the
case of combined transportation from inserting in the document of
air transportation conditions relating to other modes of
transportation, provided that the provisions of this convention are
observed as regards the transportation by air.
CHAPTER V - GENERAL AND FINAL PROVISIONS
ARTICLE 32
Any clause contained in the contract and all special agreements
entered into before the damage occurred by which the parties
purport to infringe the rules laid down by this convention, whether
by deciding the law to be applied, or by altering the rules as to
jurisdiction, shall be null and void. Nevertheless for the
transportation of goods arbitration clauses shall be allowed,
subject to this convention, if the arbitration is to take place
within one of the jurisdictions referred to in the first paragraph
of article 28.
ARTICLE 33
Nothing contained in this convention shall prevent the carrier
either from refusing to enter into any contract of transportation
or from making regulations which do not conflict with the
provisions of this convention.
ARTICLE 34
This convention shall not apply to international transportation
by air performed by way of experimental trial by air navigation
enterprises with the view to the establishment of regular lines of
air navigation, nor shall it apply to transportation performed in
extraordinary circumstances outside the normal scope of an air
carrier's business.
ARTICLE 35
The expression "days" when used in this convention means current
days, not working days.
ARTICLE 36
This convention is drawn up in French in a single copy which
shall remain deposited in the archives of the Ministry for Foreign
Affairs of Poland and of which one duly certified copy shall be
sent by the Polish Government to the Government of each of the High
Contracting Parties.
ARTICLE 37
(1) This convention shall be ratified. The instruments of
ratification shall be deposited in the archives of the Ministry for
Foreign Affairs of Poland, which shall give notice of the deposit
to the Government of each of the High Contracting Parties.
(2) As soon as this convention shall have been ratified by five
of the High Contracting Parties it shall come into force as between
them on the nineteenth day after the deposit of the fifth
ratification. Thereafter it shall come into force between the High
Contracting Parties which shall have ratified and the High
Contracting Party which deposits its instrument of ratification on
the ninetieth day after the deposit.
(3) It shall be the duty of the Government of the Republic of
Poland to notify the Government of each of the High Contracting
Parties of the date on which this convention comes into force as
well as the date of the deposit of each ratification.
ARTICLE 38
(1) This convention shall, after it has come into force, remain
open for adherence by any state.
(2) The adherence shall be effected by a notification addressed
to the Government of the Republic of Poland, which shall inform the
Government of each of the High Contracting Parties thereof.
(3) The adherence shall take effect as from the ninetieth day
after the notification made to the Government of the Republic of
Poland.
ARTICLE 39
(1) Any one of the High Contracting Parties may denounce this
convention by a notification addressed to the Government of the
Republic of Poland, which shall at once inform the Government of
each of the High Contracting Parties.
(2) Denunciation shall take effect six months after the
notification of denunciation, and shall operate only as regards the
party which shall have proceeded to denunciation.
ARTICLE 40
(1) Any High Contracting Party may, at the time of signature or
of deposit of ratification or of adherence, declare that the
acceptance which it gives to this convention does not apply to all
or any of its colonies, protectorates, territories under mandate,
or any other territory subject to its sovereignty or its authority,
or any other territory under its suzerainty.
(2) Accordingly any High Contracting Party may subsequently
adhere separately in the name of all or any of its colonies,
protectorates, territories under mandate, or any other territory
subject to its sovereignty or to its authority or any other
territory under its suzerainty which have been thus excluded by its
original declaration.
(3) Any High Contracting Party may denounce this convention, in
accordance with its provisions, separately or for all or any of its
colonies, protectorates, territories under mandate, or any other
territory subject to its sovereignty or to its authority, or any
other territory under its suzerainty.
ARTICLE 41
Any High Contracting Party shall be entitled not earlier than two
years after the coming into force of this convention to call for
the assembling of a new international conference in order to
consider any improvements which may be made in this convention. To
this end it will communicate with the Government of the French
Republic which will take the necessary measures to make
preparations for such conference.
This convention, done at Warsaw on October 12, 1929, shall remain
open for signature until January 31, 1930.
ORDER OF CIVIL AERONAUTICS BOARD APPROVING INCREASES IN LIABILITY
LIMITATIONS OF WARSAW CONVENTION AND HAGUE PROTOCOL
Adopted by the Civil Aeronautics Board at its office in
Washington, D.C., on the 13th day of May 1966.
The Convention for the Unification of Certain Rules Relating to
International Transportation by Air, generally known as the Warsaw
Convention, creates a uniform body of law with respect to the
rights and responsibilities of passengers, shippers, and air
carriers in international air transportation. The United States
became a party to the Convention in 1934, and eventually over 90
countries likewise became parties to the Convention.(!1) On
November 15, 1965, the U.S. Government gave notice of denunciation
of the Convention, emphasizing that such action was solely because
of the Convention's low limits of liability for personal injury or
death to passengers. Pursuant to Article 39 of the Convention this
notice would become effective upon 6 months' notice, in this case,
May 15, 1966. Subsequently, the International Air Transport
Association (IATA) made efforts to effect an arrangement among air
carriers, foreign air carriers, and other carriers (including
carriers not members of IATA) providing the major portions of
international air carriage to and from the United States to
increase the limitations of liability now applicable to claims for
personal injury and death under the Convention and the Protocol.
The purpose of such action is to provide a basis upon which the
United States could withdrawn its notice of denunciation.
The arrangement proposed has been embodied in an agreement
(Agreement CAB 18900) between various air carriers, foreign air
carriers, and other carriers which has been filed with the Board
pursuant to section 412(a) of the Federal Aviation Act of 1958 and
Part 261 of the Board's economic regulations and assigned the
abovedesignated CAB number.
By this agreement, the parties thereto bind themselves to include
in their tariffs, effective May 16, 1966, a special contract in
accordance with Article 22(1) of the Convention or the Protocol
providing for a limit of liability for each passenger for death,
wounding, or other bodily injury of $75,000 inclusive of legal
fees, and, in case of a claim brought in a State where provision is
made for separate award of legal fees and costs, a limit of $58,000
exclusive of legal fees and costs. These limitations shall be
applicable to international transportation by the carrier as
defined in the Convention or Protocol which includes a point in the
United States as a point of origin, point of destination, or agreed
stopping place. The parties further agree to provide in their
tariffs that the Carrier shall not, with respect to any claim
arising out of the death, wounding, or other bodily injury of a
passenger, avail itself of any defense under Article 20(1) of the
Convention or the Convention as amended by the Protocol. The tariff
provisions would stipulate, however, that nothing therein shall be
deemed to affect the rights and liabilities of the Carrier with
regard to any claim brought by, on behalf of, or in respect of any
person who has willfully caused damage which results in death,
wounding, or other bodily injury of a passenger.
The carriers by the agreement further stipulate that they will,
at time of delivery of the tickets, furnish to each passenger
governed by the Convention or the Protocol and by the special
contract described above, a notice in 10 point type advising
international passengers of the limitations of liability
established by the Convention or the Protocol, or the higher
liability agreed to by the special contracts pursuant to the
Convention or Protocol as described above. The agreement is to
become effective upon arrival by this Board, and any carrier may
become a party to it by signing a counterpart thereof and
depositing it with the Board. Withdrawal from the agreement may be
effected by giving 12 months' written notice to the Board and the
other Carrier parties thereto.
As indicated, the decision of the U.S. Government to serve notice
to denounce the Convention was predicated upon the low liability
limits therein for personal injury and death. The Government
announced, however, that it would be prepared to withdraw the
Notice of Denunciation if, prior to its effective date, there is a
reasonable prospect for international agreement on limits of
liability for international transportation in the area of $100,000
per passenger or on uniform rules without any limit of liability,
and if pending such international agreement there is a provisional
arrangement among the principal international air carriers
providing for liability up to $75,000 per passenger.
Steps, have been taken by the signing carriers to have tariffs
become effective May 16, 1966, upon approval of this agreement,
which will increase by special contract their liability for
personal injury or death as described herein. The signatory
carriers provide by far the greater portion of international
transportation to, from, and within the United States. The
agreement will result in a salutory increase in the protection
given to passengers from the increased liability amounts and the
waiver of defenses under Article 20(1) of the Convention or
Protocol. The U.S. Government has concluded that such arrangements
warrant withdrawal of the Notice of Denunciation of the Warsaw
Convention. Implementation of the agreement will permit continued
adherence to the Convention with the benefits to be derived
therefrom, but without the imposition of the low liability limits
therein contained upon most international travel involving travel
to or from the United States. The stipulation that no tariff
provision shall be deemed to affect the rights and liabilities of
the carrier with regard to any claim brought by, on behalf of, or
in respect of any person who has willfully caused damage which
results in death, wounding or other bodily injury of a passenger
operates to diminish any incentive for sabotage.
Upon consideration of the agreement, and of matters relating
thereto of which the Board takes notice, the Board does not find
that the agreement is adverse to the public interest or in
violation of the Act and it will be approved.
Accordingly, pursuant to the provisions of the Federal Aviation
Act of 1958, and particularly sections 102, 204(a), and 412
thereof:
It is ordered, That: 1. Agreement CAB 18900 is approved.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 40106, 41705, 44907,
46101, 46301, 46316 of this title.
-FOOTNOTE-
(!1) The Convention was amended by the Protocol signed at Hague in
1955 which has never been ratified by the United States. The
Convention (subject to certain provisions) limits carriers'
liability for death or injury to passengers in international
transportation to 125,000 gold francs, or approximately
$8,300. The Protocol, subject to certain provisions, provides
for liability limitations of approximately $16,600.
-End-
-CITE-
49 USC Sec. 40106 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40106. Emergency powers
-STATUTE-
(a) Deviations From Regulations. - Appropriate military authority
may authorize aircraft of the armed forces of the United States to
deviate from air traffic regulations prescribed under section
40103(b)(1) and (2) of this title when the authority decides the
deviation is essential to the national defense because of a
military emergency or urgent military necessity. The authority
shall -
(1) give the Administrator of the Federal Aviation
Administration prior notice of the deviation at the earliest
practicable time; and
(2) to the extent time and circumstances allow, make every
reasonable effort to consult with the Administrator and arrange
for the deviation in advance on a mutually agreeable basis.
(b) Suspension of Authority. - (1) When the President decides
that the government of a foreign country is acting inconsistently
with the Convention for the Suppression of Unlawful Seizure of
Aircraft or that the government of a foreign country allows
territory under its jurisdiction to be used as a base of operations
or training of, or as a sanctuary for, or arms, aids, or abets, a
terrorist organization that knowingly uses the unlawful seizure, or
the threat of an unlawful seizure, of an aircraft as an instrument
of policy, the President may suspend the authority of -
(A) an air carrier or foreign air carrier to provide foreign
air transportation to and from that foreign country;
(B) a person to operate aircraft in foreign air commerce to and
from that foreign country;
(C) a foreign air carrier to provide foreign air transportation
between the United States and another country that maintains air
service with the foreign country; and
(D) a foreign person to operate aircraft in foreign air
commerce between the United States and another country that
maintains air service with the foreign country.
(2) The President may act under this subsection without notice or
a hearing. The suspension remains in effect for as long as the
President decides is necessary to ensure the security of aircraft
against unlawful seizure. Notwithstanding section 40105(b) of this
title, the authority of the President to suspend rights under this
subsection is a condition to a certificate of public convenience
and necessity, air carrier operating certificate, foreign air
carrier or foreign aircraft permit, or foreign air carrier
operating specification issued by the Secretary of Transportation
under this part.
(3) An air carrier or foreign air carrier may not provide foreign
air transportation, and a person may not operate aircraft in
foreign air commerce, in violation of a suspension of authority
under this subsection.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1103.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40106(a) 49 App.:1348(f). Aug. 23, 1958, Pub. L.
85-726, Sec. 307(f), 72
Stat. 750.
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.
40106(b) 49 App.:1514. Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1114; added Aug. 5, 1974,
Pub. L. 93-366, Sec. 106, 88
Stat. 413.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "armed forces"
are substituted for "national defense forces" because of 10:101.
The words "section 40103(b)(1) and (2) of this title" are
substituted for "this subchapter" as being more precise. In clauses
(1) and (2), the word "Administrator" in section 307(f) of the
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 750) is
retained on authority of 49:106(g). In clause (2), the words
"fully" and "required" are omitted as surplus.
In subsection (b)(1), the words "government of a foreign country"
are substituted for "foreign nation" for consistency in the revised
title and with other titles of the Code. Before clause (A), the
words "in a manner" and "in any way" are omitted as surplus. The
word "authority" is substituted for "right" as being more precise
and for consistency in the revised title.
In subsection (b)(2), the words "deemed to be" are omitted
because a legal conclusion is being stated.
In subsection (b)(3), the words "by the President" are omitted as
surplus.
AIRCRAFT PIRACY
The United States is a party to the Convention for the
Suppression of Unlawful Seizure of Aircraft, signed at The Hague,
Dec. 16, 1970, entered into force as to the United States, Oct. 14,
1971, 22 UST 1641.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 40105, 44907, 46107,
46301 of this title.
-End-
-CITE-
49 USC Sec. 40107 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40107. Presidential transfers
-STATUTE-
(a) General Authority. - The President may transfer to the
Administrator of the Federal Aviation Administration a duty, power,
activity, or facility of a department, agency, or instrumentality
of the executive branch of the United States Government, or an
officer or unit of a department, agency, or instrumentality of the
executive branch, related primarily to selecting, developing,
testing, evaluating, establishing, operating, or maintaining a
system, procedure, facility, or device for safe and efficient air
navigation and air traffic control. In making a transfer, the
President may transfer records and property and make officers and
employees from the department, agency, instrumentality, or unit
available to the Administrator.
(b) During War. - If war occurs, the President by executive order
may transfer to the Secretary of Defense a duty, power, activity,
or facility of the Administrator. In making the transfer, the
President may transfer records, property, officers, and employees
of the Administration to the Department of Defense.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40107(a) 49 App.:1345. Aug. 23, 1958, Pub. L.
85-726, Secs. 302(e), 304,
72 Stat. 746, 749.
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.
40107(b) 49 App.:1343(c).
49 App.:1655(c)(1).
--------------------------------------------------------------------
In this section, the words "functions (including . . . parts of
functions)" are omitted as included in "duty, power, activity, or
facility".
In subsection (a), the words "of a department, agency, or
instrumentality of the executive branch of the United States
Government" are substituted for "the executive departments or
agencies of the Government" for consistency in the revised title
and with other titles of the United States Code. The word "unit" is
substituted for "organizational entity" for clarity. The words
"appropriate" and "civilian and military" are omitted as surplus.
The words "officers and employees" are substituted for "personnel"
for consistency in the revised title and with other titles of the
Code. The words "to the Administrator" are added for clarity.
In subsection (b), the text of 49 App.:1343(c) (words before
proviso) is omitted as obsolete. The words "Secretary of Defense"
are substituted for "Department of Defense" because of 10:133(a).
The words "prior to enactment of such proposed legislation" are
omitted as obsolete because the legislation was not enacted. The
word "appropriate" is omitted as surplus. The words "of the
Administration to the Department of Defense" are added for clarity.
-EXEC-
EX. ORD. NO. 10786. TRANSFER OF FUNCTIONS OF THE AIRWAYS
MODERNIZATION BOARD TO THE ADMINISTRATOR
Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
Section 1. All functions (including powers, duties, activities,
and parts of functions) of the Airways Modernization Board,
including those of the Chairman thereof, are hereby transferred to
the Administrator of the Federal Aviation Agency; and all records,
property, facilities, employees, and unexpended balances of
appropriations, allocations, and other funds of the Airways
Modernization Board, are hereby transferred to the Federal Aviation
Agency [now Federal Aviation Administration].
Sec. 2. Such further measures and dispositions, if any, as the
Director of the Bureau of the Budget [now the Office of Management
and Budget] shall determine to be necessary in connection with the
transfers provided for hereinabove in respect of records, property,
facilities, employees, and balances shall be carried out in such
manner as he shall direct and by such agencies as he shall
designate.
Sec. 3. The provisions of this order shall become effective
concurrently with the entering upon office as Administrator of the
Federal Aviation Agency [now Federal Aviation Administration] of
the first person appointed as Administrator. The functions
transferred by section 1 hereof may be performed by the
Administrator until the effective date of the repeal [Aug. 23,
1958] of the Airways Modernization Act of 1957 [former 49 U.S.C.
1211 et seq.] effected by section 1401(d) of the Federal Aviation
Act of 1958 [Pub. L. 85-726].
Dwight D. Eisenhower.
EX. ORD. NO. 10797. DELEGATION OF AUTHORITY TO THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET
Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
Section 1. There is hereby delegated to the Director of the
Bureau of the Budget [now the Office of Management and Budget] all
authority vested in the President by the last sentence of section
304 [see 49 U.S.C. 40107(a)], and by sections 1502(a) and 1502(b),
of the Federal Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L.
85-726, former 49 U.S.C. 1341 note], relating, respectively, (1) to
providing in connection with transfers of functions made under
other provisions of section 304, (i) for appropriate transfers of
records and property, and (ii) for necessary civilian and military
personnel to be made available from any office, department, or
other agency from which transfers of functions are so made; (2) to
determining the employees and property (including office equipment
and official equipment and official records) employed by the Civil
Aeronautics Board in the exercise and performance of those powers
and duties which are vested in and imposed upon it by the Civil
Aeronautics Act of 1938, as amended [former 49 U.S.C. 401 et seq.],
and which are vested by the Federal Aviation Act of 1958 [see 49
U.S.C. 40101 et seq.] in the Federal Aviation Agency, and to
specifying the date or dates upon which the transfers of officers,
employees, and property (including office equipment and official
records) under section 1502(a) shall occur; and (3) specifying the
date or dates upon which transfers of unexpended balances of
appropriations under section 1502(b) shall occur. Such further
measures and dispositions as the Director of the Bureau of the
Budget [now the Office of Management and Budget] shall determine to
be necessary in connection with the exercise of the authority
delegated to him by this section shall be carried out in such
manner as he shall direct and by such agencies as he shall
designate.
Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating
to the Director of the Bureau of the Budget [now the Office of
Management and Budget] the authority vested in the President by a
certain provision of the Airways Modernization Act of 1957 [former
49 U.S.C. 1211 et seq.], is hereby revoked, such revocation to
become effective on the date the repeal of that act takes effect
under sections 1401(d) [repealing former 49 U.S.C. 1211-1215] and
1505(2) [former 49 U.S.C. 1301 note] of the Federal Aviation Act of
1958 (72 Stat. 806, 811).
Sec. 3. Except as otherwise provided in section 2 hereof, the
provisions of this order shall become effective immediately.
Dwight D. Eisenhower.
EX. ORD. NO. 11047. DELEGATION OF AUTHORITY TO SECRETARY OF DEFENSE
AND ADMINISTRATOR
Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by
Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the virtue of the authority vested in me by section 301 of
title 3 of the United States Code, and as President of the United
States, it is ordered as follows:
Section 1. The Secretary of Defense and the Administrator of the
Federal Aviation Administration are hereby designated and empowered
to exercise jointly, without the approval, ratification, or other
action of the President, the authority vested in the President by
the first sentence of section 304 of the Federal Aviation Act of
1958 (72 Stat. 749; 49 U.S.C. 1345 (first sentence)) [see 49 U.S.C.
40107(a)] to transfer functions (including, as used in this order,
powers, duties, activities, facilities, and parts of functions) as
described in that sentence to the extent that the said authority is
in respect of transfers from the Department of Defense or any
officer or organizational entity thereof to the Administrator of
the Federal Aviation Administration of functions relating to flight
inspection of air navigation facilities.
Sec. 2. The Administrator and the Secretary shall exercise the
authority hereinabove delegated to them only as they shall deem
such exercise to be necessary or desirable in the interest of
promoting, in respect of either civil or military aviation or both,
safe and efficient air navigation and air traffic control.
Sec. 3. (a) To the extent necessitated by transfers of functions
effected under the provisions of Section 1 of this order:
(1) Transfers of balances of appropriations available and
necessary to finance and discharge the transferred functions shall
be made under the authority of Section 202(b) of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C.
1531]) as affected by the provisions of section 1(k) of Executive
Order No. 10530 of May 10, 1954 [set out as a note under section
301 of Title 3, The President].
(2) Provisions for appropriate transfers of records and property
shall be made under the authority of the last sentence of Section
304 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(a)] as
affected by the provisions of Section 1 of Executive Order No.
10797 of December 24, 1958 [set out above].
(b) Neither this order nor the said Executive Order No. 10797
shall be deemed to require or authorize the transfer of any
civilian or military personnel from the Department of Defense to
the Federal Aviation Administration, under authority of the said
Section 304 [see 49 U.S.C. 40107(a)], in connection with transfers
of functions effected under the provisions of Section 1 of this
order.
Sec. 4. (a) In order to facilitate the orderly and timely
accomplishment of the transfers and other arrangements mentioned in
Section 3(a) of this order, the Secretary of Defense and the
Administrator of the Federal Aviation Administration shall transmit
to the Director of the Office of Management and Budget, not less
than 30 days prior to the execution by them of any order or other
transfer instrument in pursuance of the provisions of Section 1 of
this order, all appropriate information in respect to any transfers
or other arrangements proposed to be made in connection therewith
under the provisions of Section 3 hereof, together with copy of the
order or other transfer instrument proposed to be executed by them.
(b) In connection with any particular action or actions under
Section 1 of this order, the Director of the Office of Management
and Budget may either waive the requirements of Section 4(a),
above, or reduce the 30 day period there prescribed.
EX. ORD. NO. 11161. TRANSFER OF FEDERAL AVIATION AGENCY TO DEFENSE
DEPARTMENT IN EVENT OF WAR
Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended
by Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided:
WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [see
49 U.S.C. 40107(b)] provides, in part, that in the event of war the
President by Executive order may transfer to the Department of
Defense any functions (including powers, duties, activities,
facilities, and parts of functions) of the Federal Aviation
Administration; and
WHEREAS it appears that the defense of the United States would
require the transfer of the Federal Aviation Administration to the
Department of Defense in the event of war; and
WHEREAS if any such transfer were to be made it would be
essential to the defense of the United States that the transition
be accomplished promptly and with maximum ease and effectiveness;
and
WHEREAS these objectives require that the relationships that
would obtain in the event of such a transfer as between the Federal
Aviation Administration and the Department of Defense be understood
in advance by the two agencies concerned and be developed in
necessary detail by them in advance of transfer:
NOW, THEREFORE, by virtue of the authority vested in me by
Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c)) [see 49 U.S.C.
40107(b)], and as President of the United States and Commander in
Chief of the Armed Forces of the United States, it is hereby
ordered as follows:
Section 1. The Secretary of Defense and the Secretary of
Transportation are hereby directed to prepare and develop plans,
procedures, policies, programs, and courses of action in
anticipation of the probable transfer of the Federal Aviation
Administration to the Department of Defense in the event of war.
Those plans, policies, procedures, programs, and courses of action
shall be prepared and developed in conformity with the
following-described standards and conditions -
(A) The Federal Aviation Administration will function as an
adjunct of the Department of Defense with the Federal Aviation
Administrator being responsible directly to the Secretary of
Defense and subject to his authority, direction, and control to the
extent deemed by the Secretary to be necessary for the discharge of
his responsibilities as Secretary of Defense.
(B) To the extent deemed by the Secretary of Defense to be
necessary for the accomplishment of the military mission, he will
be empowered to direct the Administrator to place operational
elements of the Federal Aviation Administration under the direct
operational control of appropriate military commanders.
(C) While functioning as an adjunct of the Department of Defense,
the Federal Aviation Administration will remain organizationally
intact and the Administrator thereof will retain responsibility for
administration of his statutory functions, subject to the
authority, direction, and control of the Secretary of Defense to
the extent deemed by the Secretary to be necessary for the
discharge of his responsibilities as Secretary of Defense.
Sec. 2. In furtherance of the objectives of the foregoing
provisions of this order, the Secretary of Defense and the
Secretary of Transportation shall, to the extent permitted by law,
make such arrangements and take such actions as they deem necessary
to assure -
(A) That the functions of the Federal Aviation Administration are
performed during any period of national emergency short of war in a
manner that will assure that essential national defense
requirements will be satisfied during any such period of national
emergency.
(B) Consistent with the provisions of paragraphs (A), (B), and
(C) of Section 1 of this order, that any transfer of the Federal
Aviation Administration to the Department of Defense, in the event
of war, will be accomplished smoothly and rapidly and effective
operation of the agencies and functions affected by the transfer
will be achieved after the transfer.
Lyndon B. Johnson.
-End-
-CITE-
49 USC Sec. 40108 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40108. Training schools
-STATUTE-
(a) Authority To Operate. - The Administrator of the Federal
Aviation Administration may operate schools to train officers and
employees of the Administration to carry out duties, powers, and
activities of the Administrator.
(b) Attendance. - The Administrator may authorize officers and
employees of other departments, agencies, or instrumentalities of
the United States Government, officers and employees of governments
of foreign countries, and individuals from the aeronautics industry
to attend those schools. However, if the attendance of any of those
officers, employees, or individuals increases the cost of operating
the schools, the Administrator may require the payment or transfer
of amounts or other consideration to offset the additional cost.
The amount received may be credited to the appropriation current
when the expenditures are or were paid, the appropriation current
when the amount is received, or both.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40108(a) 49 App.:1354(d) Aug. 23, 1958, Pub. L.
(1st sentence). 85-726, Sec. 313(d), 72
Stat. 753.
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.
40108(b) 49 App.:1354(d)
(2d-last sentences).
49 App.:1655(c)(1).
--------------------------------------------------------------------
In this section, the word "Administrator" in section 313(d) of
the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753)
is retained on authority of 49:106(g). The words "school or" are
omitted because of 1:1.
In subsection (a), the words "officers and" are added for clarity
and consistency in the revised title and with other titles of the
United States Code. The words "to carry out duties, powers, and
activities of the Administrator" are substituted for "in those
subjects necessary for the proper performance of all authorized
functions of the Administration" for clarity and consistency in the
revised title.
In subsection (b), the words "officers and employees" are
substituted for "personnel", the words "departments, agencies, or
instrumentalities of the United States Government" are substituted
for "governmental", and the words "governments of foreign
countries" are substituted for "foreign governments", for
consistency in the revised title and with other titles of the Code.
The words "courses given in", "sufficient", and "appropriate" are
omitted as surplus. The text of 49 App.:1354(d) (3d sentence) is
omitted as unnecessary because chapter 41 of title 5, United States
Code, applies to all training of employees. The words "or both" are
substituted for "(3) in part as provided under clause (1) and in
part as provided under clause (2)" to eliminate unnecessary words.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 106 of this title.
-End-
-CITE-
49 USC Sec. 40109 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40109. Authority to exempt
-STATUTE-
(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in
Operating Aircraft. - (1) The Secretary of Transportation may
exempt from subpart II of this part -
(A) an air carrier not engaged directly in operating aircraft
in air transportation; or
(B) a foreign air carrier not engaged directly in operating
aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods that
the Secretary decides are in the public interest.
(b) Safety Regulation. - The Administrator of the Federal
Aviation Administration may grant an exemption from a regulation
prescribed in carrying out sections 40103(b)(1) and (2), 40119,
44901, 44903, 44906, and 44935-44937 of this title when the
Administrator decides the exemption is in the public interest.
(c) Other Economic Regulation. - Except as provided in this
section, the Secretary may exempt to the extent the Secretary
considers necessary a person or class of persons from a provision
of chapter 411, chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections 41502, 41505, and
41507-41509), chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, subchapter II of chapter 421, and
sections 44909 and 46301(b) of this title, or a regulation or term
prescribed under any of those provisions, when the Secretary
decides that the exemption is consistent with the public interest.
(d) Labor Requirements. - The Secretary may not exempt an air
carrier from section 42112 of this title. However, the Secretary
may exempt from section 42112(b)(1) and (2) an air carrier not
providing scheduled air transportation, and the operations
conducted during daylight hours by an air carrier providing
scheduled air transportation, when the Secretary decides that -
(1) because of the limited extent of, or unusual circumstances
affecting, the operation of the air carrier, the enforcement of
section 42112(b)(1) and (2) of this title is or would be an
unreasonable burden on the air carrier that would obstruct its
development and prevent it from beginning or continuing
operations; and
(2) the exemption would not affect adversely the public
interest.
(e) Maximum Flying Hours. - The Secretary may not exempt an air
carrier under this section from a provision referred to in
subsection (c) of this section, or a regulation or term prescribed
under any of those provisions, that sets maximum flying hours for
pilots or copilots.
(f) Smaller Aircraft. - (1) An air carrier is exempt from section
41101(a)(1) of this title, and the Secretary may exempt an air
carrier from another provision of subpart II of this part, if the
air carrier -
(A)(i) provides passenger transportation only with aircraft
having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with aircraft
having a maximum payload of less than 18,000 pounds; and
(B) complies with liability insurance requirements and other
regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload
capacities when the public interest requires.
(3)(A) An exemption under this subsection applies to an air
carrier providing air transportation between 2 places in Alaska, or
between Alaska and Canada, only if the carrier is authorized by
Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places that
may be served by an air carrier providing transportation only in
Alaska under an exemption from section 41101(a)(1) of this title,
or the frequency with which the transportation may be provided,
only when the Secretary decides that providing the transportation
substantially impairs the ability of an air carrier holding a
certificate issued by the Secretary to provide its authorized
transportation, including the minimum transportation requirement
for Alaska specified under section 41732(b)(1)(B) of this title.
(g) Emergency Air Transportation by Foreign Air Carriers. - (1)
To the extent that the Secretary decides an exemption is in the
public interest, the Secretary may exempt by order a foreign air
carrier from the requirements and limitations of this part for not
more than 30 days to allow the foreign air carrier to carry
passengers or cargo in interstate air transportation in certain
markets if the Secretary finds that -
(A) because of an emergency created by unusual circumstances
not arising in the normal course of business, air carriers
holding certificates under section 41102 of this title cannot
accommodate traffic in those markets;
(B) all possible efforts have been made to accommodate the
traffic by using the resources of the air carriers, including the
use of -
(i) foreign aircraft, or sections of foreign aircraft, under
lease or charter to the air carriers; and
(ii) the air carriers' reservations systems to the extent
practicable;
(C) the exemption is necessary to avoid unreasonable hardship
for the traffic in the markets that cannot be accommodated by the
air carriers; and
(D) granting the exemption will not result in an unreasonable
advantage to any party in a labor dispute where the inability to
accommodate traffic in a market is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air
carrier under this subsection, the Secretary shall -
(A) ensure that air transportation that the foreign air carrier
provides under the exemption is made available on reasonable
terms;
(B) monitor continuously the passenger load factor of air
carriers in the market that hold certificates under section 41102
of this title; and
(C) review the exemption at least every 30 days to ensure that
the unusual circumstances that established the need for the
exemption still exist.
(3) The Secretary may renew an exemption (including renewals)
under this subsection for not more than 30 days. An exemption may
continue for not more than 5 days after the unusual circumstances
that established the need for the exemption cease.
(h) Notice and Opportunity for Hearing. - The Secretary may act
under subsections (d) and (f)(3)(B) of this section only after
giving the air carrier notice and an opportunity for a hearing.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104; Pub. L.
104-287, Sec. 5(65), Oct. 11, 1996, 110 Stat. 3395.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40109(a) 49 App.:1301(3) Aug. 23, 1958, Pub. L.
(proviso). 85-726, Secs. 101(3)
(proviso), 307(e),
416(b)(2), 72 Stat. 737,
750, 771.
49 App.:1386(b)(3). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
416(b)(3)-(6); added Oct.
24, 1978, Pub. L. 95-504,
Secs. 31(b), 32, 92 Stat.
1732.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
40109(b) 49 App.:1348(e).
49
App.:1551(b)(1)(E).
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.
40109(c) 49 App.:1386(b)(1). Aug. 23, 1958, Pub. L.
85-726, Sec. 416(b)(1), 72
Stat. 771; restated Oct. 24,
1978, Pub. L. 95-504, Sec.
31(a), 92 Stat. 1731.
49
App.:1551(b)(1)(E).
40109(d) 49 App.:1386(b)(2)
(less words between
6th and 7th commas,
proviso).
49
App.:1551(b)(1)(E).
40109(e) 49 App.:1386(b)(2)
(proviso).
49
App.:1551(b)(1)(E).
40109(f) 49 App.:1386(b)(4),
(5), (6) (less
words between 5th
and 6th commas).
49
App.:1551(b)(1)(E).
40109(g) 49 App.:1386(b)(7). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
416(b)(7); added Feb. 15,
1980, Pub. L. 96-192, Sec.
13, 94 Stat. 39.
49
App.:1551(b)(1)(E).
40109(h) 49 App.:1386(b)(2)
(words between 6th
and 7th commas),
(6) (words between
5th and 6th commas).
49
App.:1551(b)(1)(E).
--------------------------------------------------------------------
In this section, the words "requirements of", "term", and "or
limitation" are omitted as surplus. The word "rule" is omitted as
being synonymous with "regulation". The word "unreasonable" is
substituted for "undue" for consistency in the revised title and
with other titles of the United States Code.
In subsection (a)(1), before clause (A), the words "by order" are
omitted as unnecessary because of 5:ch. 5, subch. II. The word
"exempt" is substituted for "relieve" for consistency in this
section.
In subsection (a)(2), the words "that the Secretary decides" are
added for clarity.
In subsections (b), (c), and (f)(1)(B), the words "from time to
time" are omitted as unnecessary.
In subsection (b), the word "Administrator" in section 307(e) of
the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 750)
is retained on authority of 49:106(g).
In subsection (d), before clause (1), the words "to the extent"
are omitted as surplus.
In subsection (f)(1), before clause (A), the words "Subject to
paragraph (5) of this subsection" and "in air transportation" are
omitted as surplus. The words "the Secretary may exempt" are
substituted for "as may be prescribed in regulations promulgated by
the Board" for clarity and to eliminate unnecessary words. In
clause (A)(ii), the word "capacity" is omitted as surplus. In
clause (B), the word "reasonable" is omitted as surplus. The word
"prescribes" is substituted for "adopt" for consistency in the
revised title and with other titles of the Code. The words "in the
public interest" are omitted as surplus.
In subsection (f)(2), the words "by regulation" are omitted as
surplus. The word "payload" is substituted for "property" for
consistency in this subsection. The words "specified in this
paragraph" are omitted as surplus.
In subsection (f)(3), the words "the State of" are omitted as
surplus.
In subsection (f)(3)(A), the words "under this subsection" are
substituted for "from section 1371 of this title or any other
requirement of this chapter", the words "2 places" are substituted
for "points both of which are", and the word "between" is
substituted for "one of which is in . . . and the other in", to
eliminate unnecessary words.
In subsection (f)(3)(B), the word "only" is added for clarity.
The words "promulgated by the Board", "by such air carrier to
points within such State", and "but not limited to" are omitted as
surplus. The word "Alaska" is substituted for "such State" for
clarity. The cross-reference is to section 41732(b)(1)(B) to
correct an error in the source provisions. The cross-reference in
49 App.:1386(b)(6) to 49 App.:1389(c)(2) should have been to 49
App.:1389(f)(2). This error was not corrected when 49 App.:1389 was
restated by section 202(b) of the Airport and Airway Safety and
Capacity Expansion Act of 1987 (Public Law 100-223, 101 Stat.
1508). The comparable provision is 49 App.:1389(k)(1)(A)(ii),
restated as section 41732(b)(1)(B).
In subsection (g), the word "exemption" is substituted for
"authorization" and "authority" for clarity and consistency.
In subsection (g)(1), before clause (A), the words "required", "a
period", and "to the extent necessary" are omitted as surplus. The
word "mail" is omitted as being included in "cargo". In clause (B),
before subclause (i), the words "for example" are omitted as
surplus.
In subsection (g)(3), the words "a period" are omitted as
surplus.
In subsection (h), the words "The Secretary may act under
subsections (d) and (f)(3)(B) of this section" are added because of
the restatement. The word "notice" does not appear in 49
App.:1386(b)(6) (words between 5th and 6th commas) but is made
applicable to both of the restated source provisions for
consistency with subchapter II of chapter 5 of title 5, United
States Code. The words "opportunity for a" are added for
consistency in the revised title.
PUB. L. 104-287
This amends 49:40109(c) to correct an error in the codification
enacted by section 1 of the Act of July 5, 1994 (Public Law
103-272, 108 Stat. 1105), to include in the cross-reference
sections enacted after the cutoff date for the codification of
title 49 as enacted by section 1 of the Act (Public Law 103-272,
108 Stat. 745), and to make it easier to include future sections in
the cross-reference by restating it in terms of chapters.
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-287, Sec. 5(65)(B), substituted
"sections 44909 and 46301(b)" for "section 46301(b)".
Pub. L. 104-287, Sec. 5(65)(A), substituted "chapter 413 (except
sections 41307 and 41310(b)-(f)), chapter 415 (except sections
41502, 41505, and 41507-41509), chapter 417 (except sections 41703,
41704, 41710, 41713, and 41714)," for "sections 41301-41306,
41308-41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701,
41702, 41705-41709, 41711, 41712, and 41731-41742,".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-287 effective July 5, 1994, see section
8(1) of Pub. L. 104-287, set out as a note under section 5303 of
this title.
AUTHORITY TO GRANT EXEMPTIONS TO GOVERNMENT AIRCRAFT
Pub. L. 103-411, Sec. 3(b), Oct. 25, 1994, 108 Stat. 4237,
provided that:
"(1) In general. - The Administrator of the Federal Aviation
Administration may grant an exemption to any unit of Federal,
State, or local government from any requirement of part A of
subtitle VII of title 49, United States Code, that would otherwise
be applicable to current or future aircraft of such unit of
government as a result of the amendment made by subsection (a) of
this section [amending section 40102 of this title].
"(2) Requirements. - The Administrator may grant an exemption
under paragraph (1) only if -
"(A) the Administrator finds that granting the exemption is
necessary to prevent an undue economic burden on the unit of
government; and
"(B) the Administrator certifies that the aviation safety
program of the unit of government is effective and appropriate to
ensure safe operations of the type of aircraft operated by the
unit of government."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 41505, 41703, 41710,
41733, 41738 of this title; title 39 section 5402.
-End-
-CITE-
49 USC Sec. 40110 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40110. General procurement authority
-STATUTE-
(a) General. - In carrying out this part, the Administrator of
the Federal Aviation Administration -
(1) to the extent that amounts are available for obligation,
may acquire services or, by condemnation or otherwise, an
interest in property, including an interest in airspace
immediately adjacent to and needed for airports and other air
navigation facilities owned by the United States Government and
operated by the Administrator;
(2) may dispose of an interest in property for adequate
compensation; and
(3) may construct and improve laboratories and other test
facilities.
(b) Purchase of Housing Units. -
(1) Authority. - In carrying out this part, the Administrator
may purchase a housing unit (including a condominium or a housing
unit in a building owned by a cooperative) that is located
outside the contiguous United States if the cost of the unit is
$300,000 or less.
(2) Adjustments for inflation. - For fiscal years beginning
after September 30, 1997, the Administrator may adjust the dollar
amount specified in paragraph (1) to take into account increases
in local housing costs.
(3) Continuing obligations. - Notwithstanding section 1341 of
title 31, the Administrator may purchase a housing unit under
paragraph (1) even if there is an obligation thereafter to pay
necessary and reasonable fees duly assessed upon such unit,
including fees related to operation, maintenance, taxes, and
insurance.
(4) Certification to congress. - The Administrator may purchase
a housing unit under paragraph (1) only if, at least 30 days
before completing the purchase, the Administrator transmits 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 -
(A) a description of the housing unit and its price;
(B) a certification that the price does not exceed the median
price of housing units in the area; and
(C) a certification that purchasing the housing unit is the
most cost-beneficial means of providing necessary
accommodations in carrying out this part.
(5) Payment of fees. - The Administrator may pay, when due,
fees resulting from the purchase of a housing unit under this
subsection from any amounts made available to the Administrator.
(c) Duties and Powers. - When carrying out subsection (a) of this
section, the Administrator of the Federal Aviation Administration -
(1) is the senior procurement executive referred to in section
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3)) for approving the justification for using procedures
other than competitive procedures, as required under section
303(f)(1)(B)(iii) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(iii)); and
(2) may -
(A) notwithstanding section 1341(a)(1) of title 31, lease an
interest in property for not more than 20 years;
(B) consider the reasonable probable future use of the
underlying land in making an award for a condemnation of an
interest in airspace;
(C) construct, or acquire an interest in, a public building
(as defined in section 3301(a) of title 40) only under a
delegation of authority from the Administrator of General
Services;
(D) use procedures other than competitive procedures, as
provided under section 303(c) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c));
(E) use procedures other than competitive procedures only
when the property or services needed by the Administrator of
the Federal Aviation Administration are available from only one
responsible source or only from a limited number of responsible
sources and no other type of property or services will satisfy
the needs of the Administrator; and
(F) dispose of property under subsection (a)(2) of this
section, except for airport and airway property and technical
equipment used for the special purposes of the Administration,
only under sections 121, 123, and 126 and chapter 5 of title
40.
(d) Acquisition Management System. -
(1) In general. - In consultation with such non-governmental
experts in acquisition management systems as the Administrator
may employ, and notwithstanding provisions of Federal acquisition
law, the Administrator shall develop and implement, not later
than January 1, 1996, an acquisition management system for the
Administration that addresses the unique needs of the agency and,
at a minimum, provides for more timely and cost-effective
acquisitions of equipment and materials.
(2) Applicability of federal acquisition law. - The following
provisions of Federal acquisition law shall not apply to the new
acquisition management system developed and implemented pursuant
to paragraph (1):
(A) Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252-266).
(B) The Office of Federal Procurement Policy Act (41 U.S.C.
401 et seq.).
(C) The Federal Acquisition Streamlining Act of 1994 (Public
Law 103-355).
(D) The Small Business Act (15 U.S.C. 631 et seq.), except
that all reasonable opportunities to be awarded contracts shall
be provided to small business concerns and small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
(E) The Competition in Contracting Act.
(F) Subchapter V of chapter 35 of title 31, relating to the
procurement protest system.
(G) The Brooks Automatic Data Processing Act (40 U.S.C.
759).(!1)
(H) The Federal Acquisition Regulation and any laws not
listed in subparagraphs (A) through (G) providing authority to
promulgate regulations in the Federal Acquisition Regulation.
(3) Certain provisions of the office of federal procurement
policy act. - Notwithstanding paragraph (2)(B), section 27 of the
Office of Federal Procurement Policy Act (41 U.S.C. 423) shall
apply to the new acquisition management system developed and
implemented under paragraph (1) with the following modifications:
(A) Subsections (f) and (g) shall not apply.
(B) Within 90 days after the date of the enactment of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, the Administrator shall adopt definitions for the
acquisition management system that are consistent with the
purpose and intent of the Office of Federal Procurement Policy
Act.
(C) After the adoption of those definitions, the criminal,
civil, and administrative remedies provided under the Office of
Federal Procurement Policy Act apply to the acquisition
management system.
(D) In the administration of the acquisition management
system, the Administrator may take adverse personnel action
under section 27(e)(3)(A)(iv) of the Office of Federal
Procurement Policy Act in accordance with the procedures
contained in the Administration's personnel management system.
(4) Effective date. - This subsection shall take effect on
April 1, 1996.
(e) Prohibition on Release of Offeror Proposals. -
(1) General rule. - Except as provided in paragraph (2), a
proposal in the possession or control of the Administrator may
not be made available to any person under section 552 of title 5.
(2) Exception. - Paragraph (1) shall not apply to any portion
of a proposal of an offeror the disclosure of which is authorized
by the Administrator pursuant to procedures published in the
Federal Register. The Administrator shall provide an opportunity
for public comment on the procedures for a period of not less
than 30 days beginning on the date of such publication in order
to receive and consider the views of all interested parties on
the procedures. The procedures shall not take effect before the
60th day following the date of such publication.
(3) Proposal defined. - In this subsection, the term "proposal"
means information contained in or originating from any proposal,
including a technical, management, or cost proposal, submitted by
an offeror in response to the requirements of a solicitation for
a competitive proposal.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1106; Pub. L.
103-429, Sec. 6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388;
Pub. L. 104-264, title XII, Sec. 1201, Oct. 9, 1996, 110 Stat.
3279; Pub. L. 106-181, title III, Sec. 307(b), title VII, Sec. 703,
Apr. 5, 2000, 114 Stat. 125, 156; Pub. L. 107-217, Sec. 3(n)(5),
Aug. 21, 2002, 116 Stat. 1302.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40110(a) 49 App.:1344(a)(1) Aug. 23, 1958, Pub. L.
(less term of 85-726, Sec. 303(a)-(d), 72
lease), (2) (words Stat. 747; May 21, 1970,
before 1st Pub. L. 91-258, Sec.
semicolon), (3). 51(a)(1), 84 Stat. 234; July
12, 1976, Pub. L. 94-353,
Sec. 16, 90 Stat. 882; Oct.
19, 1980, Pub. L. 96-470,
Sec. 112(e), 94 Stat. 2240;
Jan. 12, 1983, Pub. L.
97-449, Sec. 7(b), 96 Stat.
2444; restated Nov. 5, 1990,
Pub. L. 101-508, Sec.
9118(a), 104 Stat. 1388-365.
40110(b)(1) 49 App.:1344(d).
40110(b) 49 App.:1344(a)(1)
(2)(A) (related to term of
lease).
40110(b) 49 App.:1344(b)(1).
(2)(B)
40110(b) 49 App.:1344(b)(2).
(2)(C)
40110(b) 49 App.:1344(c).
(2)(D)
40110(b) 49 App.:1344(g). Aug. 23, 1958, Pub. L.
(2)(E) 85-726, 72 Stat. 747, Sec.
303(g); added Oct. 31, 1992,
Pub. L. 102-581, Sec.
201(a), 106 Stat. 4890.
40110(b) 49 App.:1344(a)(2)
(2)(F) (words after 1st
semicolon).
--------------------------------------------------------------------
In this section, the word "Administrator" in section 303(a)-(d)
of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.
747) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words "In carrying out
this part" are added for clarity. The words "on behalf of the
United States . . . where appropriate" are omitted as surplus. In
clause (1), the words "made by the Congress", "by purchase,
condemnation . . . or otherwise", and "easements through or other"
are omitted as surplus. In clause (2), the words "by sale, lease,
or otherwise" and "real or personal" are omitted as surplus. In
clause (3), the word "renovate" is omitted as surplus. The words
"and to purchase or otherwise acquire real property required
therefor" are omitted as surplus because of the authority of the
Administrator to acquire real property under clause (1) of this
subsection.
In subsection (b)(1), the words "procedures other than
competitive procedures" are substituted for "noncompetitive
procedures" for consistency with subsection (b)(2)(D) of this
section and 41:253(f).
In subsection (b)(2)(B), the text of 49 App.:1344(b)(1) (words
before semicolon) and the words "easements through or other" are
omitted as surplus.
In subsection (b)(2)(C), the words "by purchase, condemnation, or
lease" are omitted as surplus.
Subsection (b)(2)(E) is substituted for 49 App.:1344(g) to
eliminate the cross-references to other laws and for clarity and is
based on the text of 10:2304(c)(1).
PUB. L. 103-429
This amends 49:40110(a) to clarify the restatement of 49
App.:1344(a)(1)-(3) by section 1 of the Act of July 5, 1994 (Public
Law 103-272, 108 Stat. 1106).
-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d)(2)(A), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title III of the Act is classified generally
to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts. For complete classification of this Act to the
Code, see Tables.
The Office of Federal Procurement Policy Act, referred to in
subsec. (d)(2)(B), (3)(B), (C), is Pub. L. 93-400, Aug. 30, 1974,
88 Stat. 796, as amended, which is classified principally to
chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Short Title
note set out under section 401 of Title 41 and Tables.
The Federal Acquisition Streamlining Act of 1994, referred to in
subsec. (d)(2)(C), is Pub. L. 103-355, Oct. 13, 1994, 108 Stat.
3243. For complete classification of this Act to the Code, see
Short Title of 1994 Amendment note set out under section 251 of
Title 41, Public Contracts, and Tables.
The Small Business Act, referred to in subsec. (d)(2)(D), is Pub.
L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is
classified generally to chapter 14A (Sec. 631 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 631 of Title 15
and Tables.
The Competition in Contracting Act, referred to in subsec.
(d)(2)(E), probably means the Competition in Contracting Act of
1984, which is title VII of Pub. L. 98-369, div. B, July 18, 1984,
98 Stat. 1175. For complete classification of this Act to the Code,
see Short Title of 1984 Amendments note set out under section 251
of Title 41, Public Contracts, and Tables.
The Brooks Automatic Data Processing Act, referred to in subsec.
(d)(2)(G), is act June 30, 1949, ch. 288, title I, Sec. 111, as
added Oct. 30, 1965, Pub. L. 89-306, 79 Stat. 1127, as amended,
which was classified to section 759 of former Title 40, Public
Buildings, Property, and Works, prior to repeal by Pub. L. 104-106,
div. E, title LI, Sec. 5101, Feb. 10, 1996, 110 Stat. 680.
The date of the enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century, referred to in
subsec. (d)(3)(B), is the date of enactment of Pub. L. 106-181,
which was approved Apr. 5, 2000.
-MISC2-
AMENDMENTS
2002 - Subsec. (c)(2)(C). Pub. L. 107-217, Sec. 3(n)(5)(A),
substituted "(as defined in section 3301(a) of title 40)" for "(as
defined in section 13 of the Public Buildings Act of 1959 (40
U.S.C. 612))".
Subsec. (c)(2)(F). Pub. L. 107-217, Sec. 3(n)(5)(B), substituted
"sections 121, 123, and 126 and chapter 5 of title 40" for "title
II of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 481 et seq.)".
2000 - Subsecs. (d), (e). Pub. L. 106-181 added subsecs. (d) and
(e).
1996 - Subsecs. (b), (c). Pub. L. 104-264 added subsec. (b) and
redesignated former subsec. (b) as (c).
1994 - Subsec. (a). Pub. L. 103-429, Sec. 6(48), in introductory
provisions, struck out "may" after "Administration", in par. (1),
struck out "acquire," before "to the extent" and substituted "may
acquire services or, by condemnation or otherwise," for "services
or", and in pars. (2) and (3), inserted "may" after par.
designation.
Subsec. (b)(2)(A). Pub. L. 103-429, Sec. 6(80), inserted
"notwithstanding section 1341(a)(1) of title 31," before "lease".
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.
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.
FAA EVALUATION OF LONG-TERM CAPITAL LEASING
Pub. L. 106-181, title VII, Sec. 704, Apr. 5, 2000, 114 Stat.
157, provided that:
"(a) In General. - The Administrator [of the Federal Aviation
Administration] may carry out a pilot program in fiscal years 2001
through 2003 to test and evaluate the benefits of long-term
contracts for the leasing of aviation equipment and facilities.
"(b) Period of Contracts. - Notwithstanding any other provision
of law, the Administrator may enter into a contract under the
program to lease aviation equipment or facilities for a period of
greater than 5 years.
"(c) Number of Contracts. - The Administrator may not enter into
more that [than] 10 contracts under the program.
"(d) Types of Contracts. - The contracts to be evaluated under
the program may include contracts for telecommunication services
that are provided through the use of a satellite, requirements
related to oceanic and air traffic control, air-to-ground radio
communications, and air traffic control tower construction."
ASSESSMENT OF ACQUISITION MANAGEMENT SYSTEM
Section 251 of Pub. L. 104-264 provided that: "Not later than
April 1, 1999, the Administrator [of the Federal Aviation
Administration] shall employ outside experts to provide an
independent evaluation of the effectiveness of the Administration's
[Federal Aviation Administration] acquisition management system
within 3 months after such date. The Administrator shall transmit a
copy of the evaluation to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives."
Pub. L. 104-205, title III, Sec. 351, Sept. 30, 1996, 110 Stat.
2979, provided that: "Not later than December 31, 1997, the
Administrator of the Federal Aviation Administration shall -
"(a) take such action as may be necessary to provide for an
independent assessment of the acquisition management system of
the Federal Aviation Administration that includes a review of any
efforts of the Administrator in promoting and encouraging the use
of full and open competition as the preferred method of
procurement with respect to any contract that involves an amount
greater than $50,000,000; and
"(b) submit to the Congress a report on the findings of that
independent assessment: Provided, That for purposes of this
section, the term 'full and open competition' has the meaning
provided that term in section 4(6) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(6))."
ACQUISITION MANAGEMENT SYSTEM FOR FEDERAL AVIATION ADMINISTRATION
Pub. L. 104-50, title III, Sec. 348, Nov. 15, 1995, 109 Stat.
460, required the Administrator of the Federal Aviation
Administration to develop and implement, not later than Jan. 1,
1996, an acquisition management system, exempt from specified
federal procurement and acquisition laws, to provide for more
timely and cost-effective acquisitions of equipment and materials,
prior to repeal by Pub. L. 106-181, title III, Sec. 307(d), Apr. 5,
2000, 114 Stat. 126.
ALTERNATIVE PROCUREMENT AND ACQUISITION PILOT PROGRAM
Pub. L. 103-355, title V, Sec. 5063, Oct. 13, 1994, 108 Stat.
3356, provided that:
"(a) Authority. - The Secretary of Transportation may conduct a
test of alternative and innovative procurement procedures in
carrying out acquisitions for one of the modernization programs
under the Airway Capital Investment Plan prepared pursuant to
section 44501(b) of title 49, United States Code. In conducting
such test, the Secretary shall consult with the Administrator for
Federal Procurement Policy.
"(b) Pilot Program Implementation. - (1) The Secretary of
Transportation should prescribe policies and procedures for the
interaction of the program manager and the end user executive
responsible for the requirement for the equipment acquired. Such
policies and procedures should include provisions for enabling the
end user executive to participate in acceptance testing.
"(2) Not later than 45 days after the date of enactment of this
Act [Oct. 13, 1994], the Secretary of Transportation shall identify
for the pilot program quantitative measures and goals for reducing
acquisition management costs.
"(3) The Secretary of Transportation shall establish for the
pilot program a review process that provides senior acquisition
officials with reports on the minimum necessary data items required
to ensure the appropriate expenditure of funds appropriated for the
program and that -
"(A) contain essential information on program results at
appropriate intervals, including the criteria to be used in
measuring the success of the program; and
"(B) reduce data requirements from the current program review
reporting requirements.
"(c) Special Authorities. - The authority provided by subsection
(a) shall include authority for the Secretary of Transportation -
"(1) to apply any amendment or repeal of a provision of law
made in this Act [see Short Title of 1994 Amendment note set out
under section 251 of Title 41, Public Contracts] to the pilot
program before the effective date of such amendment or repeal;
and
"(2) to apply to a procurement of items other than commercial
items under such program -
"(A) any authority provided in this Act (or in an amendment
made by a provision of this Act) to waive a provision of law in
the case of commercial items, and
"(B) any exception applicable under this Act (or an amendment
made by a provision of this Act) in the case of commercial
items,
before the effective date of such provision (or amendment) to the
extent that the Secretary determines necessary to test the
application of such waiver or exception to procurements of items
other than commercial items.
"(d) Applicability. - Subsection (c) applies with respect to -
"(1) a contract that is awarded or modified after the date
occurring 45 days after the date of the enactment of this Act
[Oct. 13, 1994]; and
"(2) a contract that is awarded before such date and is to be
performed (or may be performed), in whole or in part, after such
date.
"(e) Procedures Authorized. - The test conducted under this
section may include any of the following procedures:
"(1) Restriction of competitions to sources determined capable
in a precompetition screening process, provided that the
screening process affords all interested sources a fair
opportunity to be considered.
"(2) Restriction of competitions to sources of preevaluated
products, provided that the preevaluation process affords all
interested sources a fair opportunity to be considered.
"(3) Alternative notice and publication requirements.
"(4) A process in which -
"(A) the competitive process is initiated by publication in
the Commerce Business Daily, or by dissemination through
FACNET, of a notice that -
"(i) contains a synopsis of the functional and performance
needs of the executive agency conducting the test, and, for
purposes of guidance only, other specifications; and
"(ii) invites any interested source to submit information
or samples showing the suitability of its product for meeting
those needs, together with a price quotation, or, if
appropriate, showing the source's technical capability, past
performance, product supportability, or other qualifications
(including, as appropriate, information regarding rates and
other cost-related factors);
"(B) contracting officials develop a request for proposals
(including appropriate specifications and evaluation criteria)
after reviewing the submissions of interested sources and, if
the officials determine necessary, after consultation with
those sources; and
"(C) a contract is awarded after a streamlined competition
that is limited to all sources that timely provided product
information in response to the notice or, if appropriate, to
those sources determined most capable based on the
qualification-based factors included in an invitation to submit
information pursuant to subparagraph (A).
"(f) Waiver of Procurement Regulations. - (1) In conducting the
test under this section, the Secretary of Transportation, with the
approval of the Administrator for Federal Procurement Policy, may
waive -
"(A) any provision of the Federal Acquisition Regulation that
is not required by statute; and
"(B) any provision of the Federal Acquisition Regulation that
is required by a provision of law described in paragraph (2), the
waiver of which the Administrator determines in writing to be
necessary to test procedures authorized by subsection (e).
"(2) The provisions of law referred to in paragraph (1) are as
follows:
"(A) Subsections (e), (f), and (g) of section 8 of the Small
Business Act (15 U.S.C. 637).
"(B) The following provisions of the Federal Property and
Administrative Services Act of 1949:
"(i) Section 303 (41 U.S.C. 253).
"(ii) Section 303A (41 U.S.C. 253a).
"(iii) Section 303B (41 U.S.C. 253b).
"(iv) Section 303C (41 U.S.C. 253c).
"(C) The following provisions of the Office of Federal
Procurement Policy Act:
"(i) Section 4(6) (41 U.S.C. 403(6)).
"(ii) Section 18 (41 U.S.C. 416).
"(g) Definition. - In this section, the term 'commercial item'
has the meaning provided that term in section 4(12) of the Office
of Federal Procurement Policy Act [41 U.S.C. 403(12)].
"(h) Expiration of Authority. - The authority to conduct the test
under subsection (a) and to award contracts under such test shall
expire 4 years after the date of the enactment of this Act.
Contracts entered into before such authority expires shall remain
in effect, notwithstanding the expiration of the authority to
conduct the test under this section.
"(i) Rule of Construction. - Nothing in this section shall be
construed as authorizing the appropriation or obligation of funds
for the test conducted pursuant to subsection (a)."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 114, 40121 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
49 USC Sec. 40111 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40111. Multiyear procurement contracts for services and
related items
-STATUTE-
(a) General Authority. - Notwithstanding section 1341(a)(1)(B) of
title 31, the Administrator of the Federal Aviation Administration
may make a contract of not more than 5 years for the following
types of services and items of supply related to those services for
which amounts otherwise would be available for obligation only in
the fiscal year for which appropriated:
(1) operation, maintenance, and support of facilities and
installations.
(2) operation, maintenance, and modification of aircraft,
vehicles, and other highly complex equipment.
(3) specialized training requiring high quality instructor
skills, including training of pilots and aircrew members and
foreign language training.
(4) base services, including ground maintenance, aircraft
refueling, bus transportation, and refuse collection and
disposal.
(b) Required Findings. - The Administrator may make a contract
under this section only if the Administrator finds that -
(1) there will be a continuing requirement for the service
consistent with current plans for the proposed contract period;
(2) providing the service will require a substantial initial
investment in plant or equipment, or will incur a substantial
contingent liability for assembling, training, or transporting a
specialized workforce; and
(3) the contract will promote the best interests of the United
States by encouraging effective competition and promoting
economies in operation.
(c) Considerations. - When making a contract under this section,
the Administrator shall be guided by the following:
(1) The part of the cost of a plant or equipment amortized as a
cost of contract performance may not be more than the ratio
between the period of contract performance and the anticipated
useful commercial life (instead of physical life) of the plant or
equipment, considering the location and specialized nature of the
plant or equipment, obsolescence, and other similar factors.
(2) The Administrator shall consider the desirability of -
(A) obtaining an option to renew the contract for a
reasonable period of not more than 3 years, at a price that
does not include charges for nonrecurring costs already
amortized; and
(B) reserving in the Administrator the right, on payment of
the unamortized part of the cost of the plant or equipment, to
take title to the plant or equipment under appropriate
circumstances.
(d) Ending Contracts. - A contract made under this section shall
be ended if amounts are not made available to continue the contract
into a subsequent fiscal year. The cost of ending the contract may
be paid from -
(1) an appropriation originally available for carrying out the
contract;
(2) an appropriation currently available for procuring the type
of service concerned and not otherwise obligated; or
(3) amounts appropriated for payments to end the contract.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1107.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40111(a) 49 App.:1344(e)(1). Aug. 23, 1958, Pub. L.
85-726, Sec. 303(e), 72
Stat. 747; May 21, 1970,
Pub. L. 91-258, Sec.
51(a)(1), 84 Stat. 234; July
12, 1976, Pub. L. 94-353,
Sec. 16, 90 Stat. 882; Oct.
19, 1980, Pub. L. 96-470,
Sec. 112(e), 94 Stat. 2240;
Jan. 12, 1983, Pub. L.
97-449, Sec. 7(b), 96 Stat.
2444; restated Nov. 5, 1990,
Pub. L. 101-508, Sec.
9118(a), 104 Stat. 1388-366.
40111(b) 49 App.:1344(e)(2).
40111(c) 49 App.:1344(e)(3).
40111(d) 49 App.:1344(e)(4).
--------------------------------------------------------------------
In this section, the word "Administrator" in section 303(e) of
the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 747)
is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words "periods of" are
omitted as surplus. In clause (3), the words "training of" are
added for clarity. In clause (4), the word "aircraft" is
substituted for "in-plane" for clarity.
In subsection (c)(2)(A), the words "plant, equipment, and other"
are omitted as surplus.
In subsection (d), the words "canceled or" and "cancellation or"
are omitted as being included in "ended" and "ending",
respectively.
-End-
-CITE-
49 USC Sec. 40112 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40112. Multiyear procurement contracts for property
-STATUTE-
(a) General Authority. - Notwithstanding section 1341(a)(1)(B) of
title 31 and to the extent that amounts otherwise are available for
obligation, the Administrator of the Federal Aviation
Administration may make a contract of more than one but not more
than 5 fiscal years to purchase property, except a contract to
construct, alter, or make a major repair or improvement to real
property.
(b) Required Findings. - The Administrator may make a contract
under this section if the Administrator finds that -
(1) the contract will promote the safety or efficiency of the
national airspace system and will result in reduced total
contract costs;
(2) the minimum need for the property to be purchased is
expected to remain substantially unchanged during the proposed
contract period in terms of production rate, procurement rate,
and total quantities;
(3) there is a reasonable expectation that throughout the
proposed contract period the Administrator will request
appropriations for the contract at the level required to avoid
cancellation;
(4) there is a stable design for the property to be acquired
and the technical risks associated with the property are not
excessive; and
(5) the estimates of the contract costs and the anticipated
savings from the contract are realistic.
(c) Regulations. - The Administrator shall prescribe regulations
for acquiring property under this section to promote the use of
contracts under this section in a way that will allow the most
efficient use of those contracts. The regulations may provide for a
cancellation provision in the contract to the extent the provision
is necessary and in the best interest of the United States. The
provision may include consideration of recurring and nonrecurring
costs of the contractor associated with producing the item to be
delivered under the contract. The regulations shall provide that,
to the extent practicable -
(1) to broaden the aviation industrial base -
(A) a contract under this section shall be used to seek,
retain, and promote the use under that contract of
subcontractors, vendors, or suppliers; and
(B) on accrual of a payment or other benefit accruing on a
contract under this section to a subcontractor, vendor, or
supplier participating in the contract, the payment or benefit
shall be delivered in the most expeditious way practicable; and
(2) this section and regulations prescribed under this section
may not be carried out in a way that precludes or curtails the
existing ability of the Administrator to provide for -
(A) competition in producing items to be delivered under a
contract under this section; or
(B) ending a prime contract when performance is deficient
with respect to cost, quality, or schedule.
(d) Contract Provisions. - (1) A contract under this section may
-
(A) be used for the advance procurement of components, parts,
and material necessary to manufacture equipment to be used in the
national airspace system;
(B) provide that performance under the contract after the first
year is subject to amounts being appropriated; and
(C) contain a negotiated priced option for varying the number
of end items to be procured over the period of the contract.
(2) If feasible and practicable, an advance procurement contract
may be made to achieve economic-lot purchases and more efficient
production rates.
(e) Cancellation Payment and Notice of Cancellation Ceiling. -
(1) If a contract under this section provides that performance is
subject to an appropriation being made, it also may provide for a
cancellation payment to be made to the contractor if the
appropriation is not made.
(2) Before awarding a contract under this section containing a
cancellation ceiling of more than $100,000,000, the Administrator
shall give written notice of the proposed contract and cancellation
ceiling to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The contract may
not be awarded until the end of the 30-day period beginning on the
date of the notice.
(f) Ending Contracts. - A contract made under this section shall
be ended if amounts are not made available to continue the contract
into a subsequent fiscal year. The cost of ending the contract may
be paid from -
(1) an appropriation originally available for carrying out the
contract;
(2) an appropriation currently available for procuring the type
of property concerned and not otherwise obligated; or
(3) amounts appropriated for payments to end the contract.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1108; Pub. L.
104-106, div. E, title LVI, Sec. 5606, Feb. 10, 1996, 110 Stat.
700; 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
--------------------------------------------------------------------
40112(a) 49 App.:1344(f)(1) Aug. 23, 1958, Pub. L.
(words before 4th 85-726, Sec. 303(f), 72
comma), (6), (7) Stat. 747; May 21, 1970,
(1st sentence). Pub. L. 91-258, Sec.
51(a)(1), 84 Stat. 234; July
12, 1976, Pub. L. 94-353,
Sec. 16, 90 Stat. 882; Oct.
19, 1980, Pub. L. 96-470,
Sec. 112(e), 94 Stat. 2240;
Jan. 12, 1983, Pub. L.
97-449, Sec. 7(b), 96 Stat.
2444; restated Nov. 5, 1990,
Pub. L. 101-508, Sec.
9118(a), 104 Stat. 1388-367.
40112(b) 49 App.:1344(f)(1)
(words after 4th
comma).
40112(c) 49 App.:1344(f)(2).
40112(d) 49 App.:1344(f)(4)
(1)(A) (words before 3d
comma).
40112(d) 49 App.:1344(f)(7)
(1)(B) (last sentence
words before "and
(if").
40112(d) 49 App.:1344(f)(8).
(1)(C)
40112(d)(2) 49 App.:1344(f)(4)
(words after 3d
comma).
40112(e)(1) 49 App.:1344(f)(7)
(last sentence
words after "of
funds").
40112(e)(2) 49 App.:1344(f)(3).
40112(f) 49 App.:1344(f)(5).
--------------------------------------------------------------------
In this section, the word "Administrator" in section 303(f) of
the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 747)
is retained on authority of 49:106(g).
In subsection (a), the reference in 49 App.:1344(f)(7) to a
contract for the purchase of services is omitted as surplus because
49 App.:1344(f)(1) states that the subsection is concerned only
with contracts for the purchase of property.
In subsection (b)(5), the word "savings" is substituted for "cost
avoidance" for clarity.
In subsection (c), before clause (1), the word "both" is omitted
as surplus. In clause (1)(A), the words "in such a manner as" and
"companies that are" are omitted as surplus. In clause (1)(B), the
words "accruing on" are substituted for "under" for clarity. The
words "subcontractor" and "contract" are substituted for
"subcontract" and "contractor", respectively, to correct errors in
the source provisions being restated.
In subsection (d)(1)(B), the words "after the first year" are
substituted for "during the second and subsequent years of the
contract" to eliminate unnecessary words.
In subsection (e)(2), the words "a clause setting forth" are
omitted as surplus.
In subsection (f), the words "canceled or" and "cancellation or"
are omitted as being included in "ended" and "ending",
respectively.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-106 struck out "or a contract to
purchase property to which section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759) applies" after
"improvement to real property".
Subsec. (e)(2). Pub. L. 104-287 substituted "Transportation and
Infrastructure" for "Public Works and Transportation".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
702.
-End-
-CITE-
49 USC Sec. 40113 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40113. Administrative
-STATUTE-
(a) General Authority. - The Secretary of Transportation (or the
Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and powers
designated to be carried out by the Administrator) may take action
the Secretary, Under Secretary, or Administrator, as appropriate,
considers necessary to carry out this part, including conducting
investigations, prescribing regulations, standards, and procedures,
and issuing orders.
(b) Hazardous Material. - In carrying out this part, the
Secretary has the same authority to regulate the transportation of
hazardous material by air that the Secretary has under section 5103
of this title. However, this subsection does not prohibit or
regulate the transportation of a firearm (as defined in section 232
of title 18) or ammunition for a firearm, when transported by an
individual for personal use.
(c) Governmental Assistance. - The Secretary (or the
Administrator of the Federal Aviation Administration with respect
to aviation safety duties and powers designated to be carried out
by the Administrator) may use the assistance of the Administrator
of the National Aeronautics and Space Administration and any
research or technical department, agency, or instrumentality of the
United States Government on matters related to aircraft fuel and
oil, and to the design, material, workmanship, construction,
performance, maintenance, and operation of aircraft, aircraft
engines, propellers, appliances, and air navigation facilities.
Each department, agency, and instrumentality may conduct scientific
and technical research, investigations, and tests necessary to
assist the Secretary or Administrator of the Federal Aviation
Administration in carrying out this part. This part does not
authorize duplicating laboratory research activities of a
department, agency, or instrumentality.
(d) Indemnification. - The Under Secretary of Transportation for
Security or the Administrator of the Federal Aviation
Administration may indemnify an officer or employee of the
Transportation Security Administration or Federal Aviation
Administration, as the case may be, against a claim or judgment
arising out of an act that the Under Secretary or Administrator, as
the case may be, decides was committed within the scope of the
official duties of the officer or employee.
(e) Assistance to Foreign Aviation Authorities. -
(1) Safety-related training and operational services. - The
Administrator may provide safety-related training and operational
services to foreign aviation authorities with or without
reimbursement, if the Administrator determines that providing
such services promotes aviation safety. To the extent
practicable, air travel reimbursed under this subsection shall be
conducted on United States air carriers.
(2) Reimbursement sought. - The Administrator shall actively
seek reimbursement for services provided under this subsection
from foreign aviation authorities capable of providing such
reimbursement.
(3) Crediting appropriations. - Funds received by the
Administrator pursuant to this section shall be credited to the
appropriation from which the expenses were incurred in providing
such services.
(4) Reporting. - Not later than December 31, 1995, and annually
thereafter, the Administrator shall transmit to Congress a list
of the foreign aviation authorities to which the Administrator
provided services under this subsection in the preceding fiscal
year. Such list shall specify the dollar value of such services
and any reimbursement received for such services.
(f) Application of Certain Regulations to Alaska. - In amending
title 14, Code of Federal Regulations, in a manner affecting
intrastate aviation in Alaska, the Administrator of the Federal
Aviation Administration shall consider the extent to which Alaska
is not served by transportation modes other than aviation, and
shall establish such regulatory distinctions as the Administrator
considers appropriate.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110; Pub. L.
103-305, title II, Sec. 202, Aug. 23, 1994, 108 Stat. 1582; Pub. L.
106-181, title I, Sec. 156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L.
107-71, title I, Sec. 140(c), Nov. 19, 2001, 115 Stat. 641.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40113(a) 49 App.:1324(a). Aug. 23, 1958, Pub. L.
85-726, Secs. 204(a),
313(a), 72 Stat. 743, 752.
49 App.:1354(a).
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
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.
40113(b) 49 App.:1472(h)(1), Aug. 23, 1958, Pub. L.
(3). 85-726, Sec. 902(h)(1), (3),
72 Stat. 785; restated Jan.
3, 1975, Pub. L. 93-633,
Sec. 113(c), 88 Stat. 2162,
2163.
40113(c) 49 App.:1505. Aug. 23, 1958, Pub. L.
85-726, Sec. 1105, 72 Stat.
798; Oct. 15, 1962, Pub. L.
87-810, Sec. 3, 76 Stat. 921.
49 App.:1655(c)(1).
40113(d) 49 App.:1354(e). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
313(e); added Dec. 30, 1987,
Pub. L. 100-223, Sec. 205,
101 Stat. 1521.
--------------------------------------------------------------------
In subsections (a), (c), and (d), the word "Administrator" in
sections 313(a) and (e) and 1105 of the Federal Aviation Act of
1958 (Public Law 85-726, 72 Stat. 752, 798) is retained on
authority of 49:106(g).
Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to
eliminate unnecessary words. The word "standards" is added for
consistency.
In subsection (b), the words "his responsibilities under" and
"safe" are omitted as surplus.
In subsection (c), the words "department, agency, and
instrumentality" are substituted for "agency" and "governmental
agency" for consistency in the revised title and with other titles
of the United States Code. The text of 49 App.:1505 (2d, 3d
sentences) is omitted as superseded by 49 App.:1903(b), restated in
sections 1105, 1110, and 1111 of the revised title. The word
"existing" is omitted as surplus.
In subsection (d), the text of 49 App.:1354(e) (last sentence) is
omitted because of 49:322(a).
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(c)(1), inserted "the
Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary or" before "the Administrator of the Federal
Aviation Administration" and substituted ", Under Secretary, or
Administrator" for "or Administrator".
Subsec. (d). Pub. L. 107-71, Sec. 140(c)(2), inserted "Under
Secretary of Transportation for Security or the" after "The" and
substituted "employee of the Transportation Security Administration
or Federal Aviation Administration, as the case may be," for
"employee of the Administration" and "the Under Secretary or
Administrator, as the case may be, decides" for "the Administrator
decides".
2000 - Subsec. (f). Pub. L. 106-181 added subsec. (f).
1994 - Subsec. (e). Pub. L. 103-305 added subsec. (e).
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.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Transportation Security Administration of the Department of
Transportation, including the functions of the Secretary of
Transportation, and of the Under Secretary of Transportation for
Security, relating thereto, to the Secretary of Homeland Security,
and for treatment of related references, see sections 203(2),
551(d), 552(d), and 557 of Title 6, Domestic Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.
-MISC2-
ADMINISTRATIVE SERVICES FRANCHISE FUND
Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957,
provided in part that: "There is hereby established in the Treasury
a fund, to be available without fiscal year limitation, for the
costs of capitalizing and operating such administrative services as
the FAA Administrator determines may be performed more
advantageously as centralized services, including accounting,
international training, payroll, travel, duplicating, multimedia
and information technology services: Provided, That any
inventories, equipment, and other assets pertaining to the services
to be provided by such fund, either on hand or on order, less the
related liabilities or unpaid obligations, and any appropriations
made prior to the current year for the purpose of providing capital
shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance from funds available to the FAA and
other Federal agencies for which such centralized services are
performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of Automated Data Processing (ADP) software
and systems (either required or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined by the
FAA Administrator: Provided further, That such fund shall provide
services on a competitive basis: Provided further, That an amount
not to exceed four percent of the total annual income to such fund
may be retained in the fund for fiscal year 1997 and each year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment and for the improvement and
implementation of FAA financial management, ADP, and support
systems: Provided further, That no later than thirty days after the
end of each fiscal year, amounts in excess of this reserve
limitation shall be transferred to miscellaneous receipts in the
Treasury."
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM
Pub. L. 106-69, title III, Sec. 337, Oct. 9, 1999, 113 Stat.
1022, which provided that none of the funds in Pub. L. 106-69 were
to be available for activities under the Aircraft Purchase Loan
Guarantee Program during fiscal year 2000, was from the Department
of Transportation and Related Agencies Appropriations Act, 2000,
and was not repeated in subsequent appropriations acts. Similar
provisions were contained in the following prior appropriation
acts:
Pub. L. 105-277, div. A, Sec. 101(g) [title I], Oct. 21, 1998,
112 Stat. 2681-439, 2681-446.
Pub. L. 105-66, title I, Oct. 27, 1997, 111 Stat. 1431.
Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957.
Pub. L. 104-50, title I, Nov. 15, 1995, 109 Stat. 442.
Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2476.
Pub. L. 103-122, title I, Oct. 27, 1993, 107 Stat. 1205.
Pub. L. 102-388, title I, Oct. 6, 1992, 106 Stat. 1527.
Pub. L. 102-143, title I, Oct. 28, 1991, 105 Stat. 924.
Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2161.
Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1076.
Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2131.
Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat.
1329-358, 1329-363.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986,
100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) [H.R. 5205,
title I], Oct. 30, 1986, 100 Stat. 3341-308.
Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat.
1267, 1273.
Pub. L. 98-473, title I, Sec. 3101(i) [title I], Oct. 12, 1984,
98 Stat. 1944, 1950.
Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 458.
Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 339.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 46102 of this title.
-End-
-CITE-
49 USC Sec. 40114 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40114. Reports and records
-STATUTE-
(a) Written Reports. - (1) Except as provided in this part, the
Secretary of Transportation (or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator) shall
make a written report of each proceeding and investigation under
this part in which a formal hearing was held and shall provide a
copy to each party to the proceeding or investigation. The report
shall include the decision, conclusions, order, and requirements of
the Secretary or Administrator as appropriate.
(2) The Secretary (or the Administrator with respect to aviation
safety duties and powers designated to be carried out by the
Administrator) shall have all reports, orders, decisions, and
regulations the Secretary or Administrator, as appropriate, issues
or prescribes published in the form and way best adapted for public
use. A publication of the Secretary or Administrator is competent
evidence of its contents.
(b) Public Records. - Except as provided in subpart II of this
part, copies of tariffs and arrangements filed with the Secretary
under subpart II, and the statistics, tables, and figures contained
in reports made to the Secretary under subpart II, are public
records. The Secretary is the custodian of those records. A public
record, or a copy or extract of it, certified by the Secretary
under the seal of the Department of Transportation is competent
evidence in an investigation by the Secretary and in a judicial
proceeding.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40114(a)(1) 49 App.:1324(d) Aug. 23, 1958, Pub. L.
(1st, 2d sentences). 85-726, Secs. 204(d),
313(b), 1103, 72 Stat. 743,
753, 797.
49 App.:1354(b)
(1st, 2d sentences).
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
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.
40114(a)(2) 49 App.:1324(d)
(3d, last
sentences).
49 App.:1354(b)
(3d, last
sentences).
49
App.:1551(b)(1)(E).
49 App.:1655(c)(1).
40114(b) 49 App.:1503.
49
App.:1551(b)(1)(E).
--------------------------------------------------------------------
In subsection (a), the word "Administrator" in section 313(b) of
the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753)
is retained on authority of 49:106(g).
In subsection (a)(1), the words "otherwise", "requirement in the
premises", and "shall be entered of record" are omitted as surplus.
In subsection (a)(2), the word "rules" is omitted as being
synonymous with "regulations". The word "prescribes" is added for
consistency in the revised title and with other titles of the
United States Code. The words "under this chapter" and "information
and" are omitted as surplus. The words "A publication of the
Secretary or Administrator is competent evidence of its contents"
is substituted for 49 App.:1324(d) (last sentence) to eliminate
unnecessary words and for consistency.
In subsection (b), the words "otherwise", "all contracts,
agreements, understandings, and", "annual or other", "of air
carriers and other persons", and "preserved as" are omitted as
surplus. The last sentence is substituted for 49 App.:1503 (words
after 7th comma) to eliminate unnecessary words and for
consistency.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 106 of this title.
-End-
-CITE-
49 USC Sec. 40115 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40115. Withholding information
-STATUTE-
(a) Objections to Disclosure. - (1) A person may object to the
public disclosure of information -
(A) in a record filed under this part; or
(B) obtained under this part by the Secretary of Transportation
or State or the United States Postal Service.
(2) An objection must be in writing and must state the reasons
for the objection. The Secretary of Transportation or State or the
Postal Service shall order the information withheld from public
disclosure when the appropriate Secretary or the Postal Service
decides that disclosure of the information would -
(A) prejudice the United States Government in preparing and
presenting its position in international negotiations; or
(B) have an adverse effect on the competitive position of an
air carrier in foreign air transportation.
(b) Withholding Information From Congress. - This section does
not authorize information to be withheld from a committee of
Congress authorized to have the information.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1111.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40115 49 App.:1504. Aug. 23, 1958, Pub. L.
85-726, Sec. 1104, 72 Stat.
797; restated Oct. 24, 1978,
Pub. L. 95-504, Sec. 39, 92
Stat. 1743; Feb. 15, 1980,
Pub. L. 96-192, Sec. 19, 94
Stat. 43.
--------------------------------------------------------------------
In subsection (a)(1)(B), the words "the Secretary of
Transportation or State or the United States Postal Service" are
substituted for "the Board, the Secretary of State, or the
Secretary of Transportation" because under 49 App.:1551 the duties
of the Civil Aeronautics Board were transferred to the Secretary of
Transportation and the Postal Service.
In subsection (a)(2), the words "shall order the information
withheld from public disclosure when the appropriate Secretary or
the Postal Service decides that disclosure of the information" are
substituted for "shall be withheld from public disclosure by the
Board, the Secretary of State or the Secretary of Transportation"
for clarity and because of the restatement.
In subsection (b), the words "The Board, the Secretary of State,
or the Secretary of Transportation, as the case may be, shall be
responsible for classified information in accordance with
appropriate law" are omitted as surplus.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 46311 of this title.
-End-
-CITE-
49 USC Sec. 40116 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40116. State taxation
-STATUTE-
(a) Definition. - In this section, "State" includes the District
of Columbia, a territory or possession of the United States, and a
political authority of at least 2 States.
(b) Prohibitions. - Except as provided in subsection (c) of this
section and section 40117 of this title, a State, a political
subdivision of a State, and any person that has purchased or leased
an airport under section 47134 of this title may not levy or
collect a tax, fee, head charge, or other charge on -
(1) an individual traveling in air commerce;
(2) the transportation of an individual traveling in air
commerce;
(3) the sale of air transportation; or
(4) the gross receipts from that air commerce or
transportation.
(c) Aircraft Taking Off or Landing in State. - A State or
political subdivision of a State may levy or collect a tax on or
related to a flight of a commercial aircraft or an activity or
service on the aircraft only if the aircraft takes off or lands in
the State or political subdivision as part of the flight.
(d) Unreasonable Burdens and Discrimination Against Interstate
Commerce. - (1) In this subsection -
(A) "air carrier transportation property" means property (as
defined by the Secretary of Transportation) that an air carrier
providing air transportation owns or uses.
(B) "assessment" means valuation for a property tax levied by a
taxing district.
(C) "assessment jurisdiction" means a geographical area in a
State used in determining the assessed value of property for ad
valorem taxation.
(D) "commercial and industrial property" means property (except
transportation property and land used primarily for agriculture
or timber growing) devoted to a commercial or industrial use and
subject to a property tax levy.
(2)(A) A State, political subdivision of a State, or authority
acting for a State or political subdivision may not do any of the
following acts because those acts unreasonably burden and
discriminate against interstate commerce:
(i) assess air carrier transportation property at a value that
has a higher ratio to the true market value of the property than
the ratio that the assessed value of other commercial and
industrial property of the same type in the same assessment
jurisdiction has to the true market value of the other commercial
and industrial property.
(ii) levy or collect a tax on an assessment that may not be
made under clause (i) of this subparagraph.
(iii) levy or collect an ad valorem property tax on air carrier
transportation property at a tax rate greater than the tax rate
applicable to commercial and industrial property in the same
assessment jurisdiction.
(iv) levy or collect a tax, fee, or charge, first taking effect
after August 23, 1994, exclusively upon any business located at a
commercial service airport or operating as a permittee of such an
airport other than a tax, fee, or charge wholly utilized for
airport or aeronautical purposes.
(B) Subparagraph (A) of this paragraph does not apply to an in
lieu tax completely used for airport and aeronautical purposes.
(e) Other Allowable Taxes and Charges. - Except as provided in
subsection (d) of this section, a State or political subdivision of
a State may levy or collect -
(1) taxes (except those taxes enumerated in subsection (b) of
this section), including property taxes, net income taxes,
franchise taxes, and sales or use taxes on the sale of goods or
services; and
(2) reasonable rental charges, landing fees, and other service
charges from aircraft operators for using airport facilities of
an airport owned or operated by that State or subdivision.
(f) Pay of Air Carrier Employees. - (1) In this subsection -
(A) "pay" means money received by an employee for services.
(B) "State" means a State of the United States, the District of
Columbia, and a territory or possession of the United States.
(C) an employee is deemed to have earned 50 percent of the
employee's pay in a State or political subdivision of a State in
which the scheduled flight time of the employee in the State or
subdivision is more than 50 percent of the total scheduled flight
time of the employee when employed during the calendar year.
(2) The pay of an employee of an air carrier having regularly
assigned duties on aircraft in at least 2 States is subject to the
income tax laws of only the following:
(A) the State or political subdivision of the State that is the
residence of the employee.
(B) the State or political subdivision of the State in which
the employee earns more than 50 percent of the pay received by
the employee from the carrier.
(3) Compensation paid by an air carrier to an employee described
in subsection (a) in connection with such employee's authorized
leave or other authorized absence from regular duties on the
carrier's aircraft in order to perform services on behalf of the
employee's airline union shall be subject to the income tax laws of
only the following:
(A) The State or political subdivision of the State that is the
residence of the employee.
(B) The State or political subdivision of the State in which
the employee's scheduled flight time would have been more than 50
percent of the employee's total scheduled flight time for the
calendar year had the employee been engaged full time in the
performance of regularly assigned duties on the carrier's
aircraft.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1111; Pub. L.
103-305, title I, Sec. 112(e), title II, Sec. 208, Aug. 23, 1994,
108 Stat. 1576, 1588; Pub. L. 104-264, title I, Sec. 149(b), Oct.
9, 1996, 110 Stat. 3226; Pub. L. 104-287, Sec. 5(66), Oct. 11,
1996, 110 Stat. 3395.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40116(a) 49 Aug. 23, 1958, Pub. L.
App.:1513(d)(2)(E). 85-726, 72 Stat. 731, Sec.
1113(d); added Sept. 3,
1982, Pub. L. 97-248, Sec.
532(b), 96 Stat. 701.
49 App.:1513(f) Aug. 23, 1958, Pub. L.
(words in 85-726, 72 Stat. 731, Sec.
parentheses). 1113(f); added Nov. 5, 1990,
Pub. L. 101-508, Sec. 9125,
104 Stat. 1388-370.
40116(b) 49 App.:1513(a). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1113(a); added June 18,
1973, Pub. L. 93-44, Sec.
7(a), 87 Stat. 90; Nov. 5,
1990, Pub. L. 101-508, Sec.
9110(1), 104 Stat. 1388-357.
40116(c) 49 App.:1513(f)
(less words in
parentheses).
40116(d) 49 App.:1513(d)(1),
(2)(A)-(D), (3).
40116(e) 49 App.:1513(b). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1113(b); added June 18,
1973, Pub. L. 93-44, Sec.
7(a), 87 Stat. 90; Sept. 3,
1982, Pub. L. 97-248, Sec.
532(a), 96 Stat. 701.
40116(f) 49 App.:1512(c). Aug. 23, 1958, Pub. L.
(1)(A), (B) 85-726, 72 Stat. 731, Sec.
1112; added Dec. 23, 1970,
Pub. L. 91-569, Sec. 4(a),
84 Stat. 1502; restated Feb.
18, 1980, Pub. L. 96-193,
Sec. 402, 94 Stat. 57.
40116(f) 49 App.:1512(b).
(1)(C)
40116(f)(2) 49 App.:1512(a).
--------------------------------------------------------------------
Subsection (a) is made applicable to subsections (b) and (e) of
this section to avoid having to repeat the term being defined. In
subsection (a), the words "Commonwealth of Puerto Rico, the Virgin
Islands, Guam" are omitted as surplus because of the definition of
"territory or possession of the United States" in section 40102(a)
of the revised title. The word "authority" is substituted for
"agencies" for consistency in the revised title and with other
titles of the United States Code.
In subsection (b), before clause (1), reference to 49
App.:1513(f), restated as subsection (c) of this section, is added
for clarity. The words "directly or indirectly" are omitted as
surplus. The text of 49 App.:1513(a) (words after "subsection (e)
and") is omitted as surplus.
In subsections (d)(2)(A), before clause (i), and (f)(1)(C) and
(2), the word "political" is added for consistency in the revised
title and with other titles of the Code.
In subsection (f)(1)(A), the word "pay" is substituted for
"compensation" for consistency in the revised title and with
chapter 55 of title 5, United States Code. The words "rendered by
the employee in the performance of his duties and shall include
wages and salary" are omitted as surplus.
In subsection (f)(1)(B), the words "means a State of the United
States" are substituted for "also means" for clarity.
In subsection (f)(1)(C), the words "of a State" are added for
clarity.
In subsection (f)(2), before clause (A), the words "as such an
employee" are omitted as surplus.
PUB. L. 104-287
This amends 49:40116(d)(2)(A)(iv) to conform to the style of
title 49 and to set out the effective date for this clause.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-264, in introductory provisions,
substituted "a State, a" for "a State or" and inserted ", and any
person that has purchased or leased an airport under section 47134
of this title" after "of a State".
Subsec. (d)(2)(A)(iv). Pub. L. 104-287, which directed
substitution of "August 23, 1994" for "the date of enactment of
this clause", was executed by making the substitution for "the date
of the enactment of this clause" to reflect the probable intent of
Congress.
Pub. L. 104-287 substituted "levy" for "Levy".
1994 - Subsec. (d)(2)(A)(iv). Pub. L. 103-305, Sec. 112(e), added
cl. (iv).
Subsec. (f)(3). Pub. L. 103-305, Sec. 208, added par. (3).
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 46301, 46316, 47134 of
this title.
-End-
-CITE-
49 USC Sec. 40117 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40117. Passenger facility fees
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Airport, commercial service airport, and public agency. -
The terms "airport", "commercial service airport", and "public
agency" have the meaning those terms have under section 47102.
(2) Eligible agency. - The term "eligible agency" means a
public agency that controls a commercial service airport.
(3) Eligible airport-related project. - The term "eligible
airport-related project" means any of the following projects:
(A) A project for airport development or airport planning
under subchapter I of chapter 471.
(B) A project for terminal development described in section
47110(d).
(C) for (!1) costs of terminal development referred to in
subparagraph (B) incurred after August 1, 1986, at an airport
that did not have more than .25 percent of the total annual
passenger boardings in the United States in the most recent
calendar year for which data is available and at which total
passenger boardings declined by at least 16 percent between
calendar year 1989 and calendar year 1997; (!2)
(D) A project for airport noise capability planning under
section 47505.
(E) A project to carry out noise compatibility measures
eligible for assistance under section 47504, whether or not a
program for those measures has been approved under section
47504.
(F) A project for constructing gates and related areas at
which passengers board or exit aircraft. In the case of a
project required to enable additional air service by an air
carrier with less than 50 percent of the annual passenger
boardings at an airport, the project for constructing gates and
related areas may include structural foundations and floor
systems, exterior building walls and load-bearing interior
columns or walls, windows, door and roof systems, building
utilities (including heating, air conditioning, ventilation,
plumbing, and electrical service), and aircraft fueling
facilities adjacent to the gate.
(4) Passenger facility fee. - The term "passenger facility fee"
means a fee imposed under this section.
(5) Passenger facility revenue. - The term "passenger facility
revenue" means revenue derived from a passenger facility fee.
(b) General Authority. - (1) The Secretary of Transportation may
authorize under this section an eligible agency to impose a
passenger facility fee of $1, $2, or $3 on each paying passenger of
an air carrier or foreign air carrier boarding an aircraft at an
airport the agency controls to finance an eligible airport-related
project, including making payments for debt service on indebtedness
incurred to carry out the project, to be carried out in connection
with the airport or any other airport the agency controls.
(2) A State, political subdivision of a State, or authority of a
State or political subdivision that is not the eligible agency may
not regulate or prohibit the imposition or collection of a
passenger facility fee or the use of the passenger facility
revenue.
(3) A passenger facility fee may be imposed on a passenger of an
air carrier or foreign air carrier originating or connecting at the
commercial service airport that the agency controls.
(4) In lieu of authorizing a fee under paragraph (1), the
Secretary may authorize under this section an eligible agency to
impose a passenger facility fee of $4.00 or $4.50 on each paying
passenger of an air carrier or foreign air carrier boarding an
aircraft at an airport the agency controls to finance an eligible
airport-related project, including making payments for debt service
on indebtedness incurred to carry out the project, if the Secretary
finds -
(A) in the case of an airport that has more than .25 percent of
the total number of annual boardings in the United States, that
the project will make a significant contribution to improving air
safety and security, increasing competition among air carriers,
reducing current or anticipated congestion, or reducing the
impact of aviation noise on people living near the airport; and
(B) that the project cannot be paid for from funds reasonably
expected to be available for the programs referred to in section
48103.
(c) Applications. - (1) An eligible agency must submit to the
Secretary an application for authority to impose a passenger
facility fee. The application shall contain information and be in
the form that the Secretary may require by regulation.
(2) Before submitting an application, the eligible agency must
provide reasonable notice to, and an opportunity for consultation
with, air carriers and foreign air carriers operating at the
airport. The Secretary shall prescribe regulations that define
reasonable notice and contain at least the following requirements:
(A) The agency must provide written notice of individual
projects being considered for financing by a passenger facility
fee and the date and location of a meeting to present the
projects to air carriers and foreign air carriers operating at
the airport.
(B) Not later than 30 days after written notice is provided
under subparagraph (A) of this paragraph, each air carrier and
foreign air carrier operating at the airport must provide to the
agency written notice of receipt of the notice. Failure of a
carrier to provide the notice may be deemed certification of
agreement with the project by the carrier under subparagraph (D)
of this paragraph.
(C) Not later than 45 days after written notice is provided
under subparagraph (A) of this paragraph, the agency must conduct
a meeting to provide air carriers and foreign air carriers with
descriptions of projects and justifications and a detailed
financial plan for projects.
(D) Not later than 30 days after the meeting, each air carrier
and foreign air carrier must provide to the agency certification
of agreement or disagreement with projects (or total plan for the
projects). Failure to provide the certification is deemed
certification of agreement with the project by the carrier. A
certification of disagreement is void if it does not contain the
reasons for the disagreement.
(3) After receiving an application, the Secretary shall provide
notice and an opportunity to air carriers, foreign air carriers,
and other interested persons to comment on the application. The
Secretary shall make a final decision on the application not later
than 120 days after receiving it.
(d) Limitations on Approving Applications. - The Secretary may
approve an application that an eligible agency has submitted under
subsection (c) of this section to finance a specific project only
if the Secretary finds, based on the application, that -
(1) the amount and duration of the proposed passenger facility
fee will result in revenue (including interest and other returns
on the revenue) that is not more than the amount necessary to
finance the specific project;
(2) each project is an eligible airport-related project that
will -
(A) preserve or enhance capacity, safety, or security of the
national air transportation system;
(B) reduce noise resulting from an airport that is part of
the system; or
(C) provide an opportunity for enhanced competition between
or among air carriers and foreign air carriers;
(3) the application includes adequate justification for each of
the specific projects; and
(4) in the case of an application to impose a fee of more than
$3.00 for an eligible surface transportation or terminal project,
the agency has made adequate provision for financing the airside
needs of the airport, including runways, taxiways, aprons, and
aircraft gates.
(e) Limitations on Imposing Fees. - (1) An eligible agency may
impose a passenger facility fee only -
(A) if the Secretary approves an application that the agency
has submitted under subsection (c) of this section; and
(B) subject to terms the Secretary may prescribe to carry out
the objectives of this section.
(2) A passenger facility fee may not be collected from a
passenger -
(A) for more than 2 boardings on a one-way trip or a trip in
each direction of a round trip;
(B) for the boarding to an eligible place under subchapter II
of chapter 417 of this title for which essential air service
compensation is paid under subchapter II;
(C) enplaning at an airport if the passenger did not pay for
the air transportation which resulted in such enplanement,
including any case in which the passenger obtained the ticket for
the air transportation with a frequent flier award coupon without
monetary payment.(!3)
(D) on flights, including flight segments, between 2 or more
points in Hawaii; and
(E) in Alaska aboard an aircraft having a seating capacity of
less than 60 passengers.
(f) Limitations on Contracts, Leases, and Use Agreements. - (1) A
contract between an air carrier or foreign air carrier and an
eligible agency made at any time may not impair the authority of
the agency to impose a passenger facility fee or to use the
passenger facility revenue as provided in this section.
(2) A project financed with a passenger facility fee may not be
subject to an exclusive long-term lease or use agreement of an air
carrier or foreign air carrier, as defined by regulations of the
Secretary.
(3) A lease or use agreement of an air carrier or foreign air
carrier related to a project whose construction or expansion was
financed with a passenger facility fee may not restrict the
eligible agency from financing, developing, or assigning new
capacity at the airport with passenger facility revenue.
(g) Treatment of Revenue. - (1) Passenger facility revenue is not
airport revenue for purposes of establishing a price under a
contract between an eligible agency and an air carrier or foreign
air carrier.
(2) An eligible agency may not include in its price base the part
of the capital costs of a project paid for by using passenger
facility revenue to establish a price under a contract between the
agency and an air carrier or foreign air carrier.
(3) For a project for terminal development, gates and related
areas, or a facility occupied or used by at least one air carrier
or foreign air carrier on an exclusive or preferential basis, a
price payable by an air carrier or foreign air carrier using the
facilities must at least equal the price paid by an air carrier or
foreign air carrier using a similar facility at the airport that
was not financed with passenger facility revenue.
(4) Passenger facility revenues that are held by an air carrier
or an agent of the carrier after collection of a passenger facility
fee constitute a trust fund that is held by the air carrier or
agent for the beneficial interest of the eligible agency imposing
the fee. Such carrier or agent holds neither legal nor equitable
interest in the passenger facility revenues except for any handling
fee or retention of interest collected on unremitted proceeds as
may be allowed by the Secretary.
(h) Compliance. - (1) As necessary to ensure compliance with this
section, the Secretary shall prescribe regulations requiring
recordkeeping and auditing of accounts maintained by an air carrier
or foreign air carrier and its agent collecting a passenger
facility fee and by the eligible agency imposing the fee.
(2) The Secretary periodically shall audit and review the use by
an eligible agency of passenger facility revenue. After review and
a public hearing, the Secretary may end any part of the authority
of the agency to impose a passenger facility fee to the extent the
Secretary decides that the revenue is not being used as provided in
this section.
(3) The Secretary may set off amounts necessary to ensure
compliance with this section against amounts otherwise payable to
an eligible agency under subchapter I of chapter 471 of this title
if the Secretary decides a passenger facility fee is excessive or
that passenger facility revenue is not being used as provided in
this section.
(i) Regulations. - The Secretary shall prescribe regulations
necessary to carry out this section. The regulations -
(1) may prescribe the time and form by which a passenger
facility fee takes effect;
(2) shall -
(A) require an air carrier or foreign air carrier and its
agent to collect a passenger facility fee that an eligible
agency imposes under this section;
(B) establish procedures for handling and remitting money
collected;
(C) ensure that the money, less a uniform amount the
Secretary determines reflects the average necessary and
reasonable expenses (net of interest accruing to the carrier
and agent after collection and before remittance) incurred in
collecting and handling the fee, is paid promptly to the
eligible agency for which they are collected; and
(D) require that the amount collected for any air
transportation be noted on the ticket for that air
transportation; and
(3) may permit an eligible agency to request that collection of
a passenger facility fee be waived for -
(A) passengers enplaned by any class of air carrier or
foreign air carrier if the number of passengers enplaned by the
carriers in the class constitutes not more than one percent of
the total number of passengers enplaned annually at the airport
at which the fee is imposed; or
(B) passengers enplaned on a flight to an airport -
(i) that has fewer than 2,500 passenger boardings each year
and receives scheduled passenger service; or
(ii) in a community which has a population of less than
10,000 and is not connected by a land highway or vehicular
way to the land-connected National Highway System within a
State.
(j) Limitation on Certain Actions. - A State, political
subdivision of a State, or authority of a State or political
subdivision that is not the eligible agency may not tax, regulate,
or prohibit or otherwise attempt to control in any manner, the
imposition or collection of a passenger facility fee or the use of
the revenue from the passenger facility fee.
(k) Competition Plans. -
(1) In general. - Beginning in fiscal year 2001, no eligible
agency may impose a passenger facility fee under this section
with respect to a covered airport (as such term is defined in
section 47106(f)) unless the agency has submitted to the
Secretary a written competition plan in accordance with such
section. This subsection does not apply to passenger facility
fees in effect before the date of the enactment of this
subsection.
(2) Secretary shall ensure implementation and compliance. - The
Secretary shall review any plan submitted under paragraph (1) to
ensure that it meets the requirements of this section, and shall
review its implementation from time-to-time to ensure that each
covered airport successfully implements its plan.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1113; Pub. L.
103-305, title II, Secs. 203, 204(a)(1), (b), Aug. 23, 1994, 108
Stat. 1582, 1583; Pub. L. 104-264, title I, Sec. 142(b)(2), title
XII, Sec. 1202, Oct. 9, 1996, 110 Stat. 3221, 3280; Pub. L.
104-287, Sec. 5(67), Oct. 11, 1996, 110 Stat. 3395; Pub. L.
106-181, title I, Secs. 105(a), (b), 135(a), (b), 151, 152(a),
155(c), Apr. 5, 2000, 114 Stat. 71, 83, 86-88.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40117(a)(1) 49 App.:1513(e) Aug. 23, 1958, Pub. L.
(15)(A), (B), (D). 85-726, 72 Stat. 731, Sec.
1113(e)(1)-(3), (5)-(15);
added Nov. 5, 1990, Pub. L.
101-508, Sec. 9110(2), 104
Stat. 1388-357.
40117(a)(2) (no source).
40117(a)(3) 49 App.:1513(e)
(15)(C).
40117(a)( (no source).
4), (5)
40117(b)(1) 49 App.:1513(e)(1).
40117(b)(2) 49 App.:1513(e)(8)
(1st sentence).
40117(b)(3) 49 App.:1513(e)(6)
(1st sentence).
40117(c)( 49 App.:1513(e)
1), (2) (11)(A)-(C).
40117(c)(3) 49 App.:1513(e)
(11)(D), (E) (last
sentence).
40117(d) 49 App.:1513(e)(2),
(5).
40117(e) 49 App.:1513(e)
(1)(A) (11)(E) (1st
sentence).
40117(e) 49 App.:1513(e)(13).
(1)(B)
40117(e) 49 App.:1513(e)(6)
(2)(A) (last sentence).
40117(e) 49 App.:1513(e)(3).
(2)(B)
40117(e) 49 App.:1513(e)(4). Aug. 23, 1958, Pub. L.
(2)(C) 85-726, 72 Stat. 731, Sec.
1113(e)(4); added Nov. 5,
1990, Pub. L. 101-508, Sec.
9110(2), 104 Stat. 1388-357;
Oct. 31, 1992, Pub. L.
102-581, Sec. 105, 106 Stat.
4877.
40117(f)(1) 49 App.:1513(e)(8)
(last sentence).
40117(f)( 49 App.:1513(e)(9).
2), (3)
40117(g) 49 App.:1513(e)(7).
40117(h) 49 App.:1513(e)(12).
40117(i) 49
App.:1513(e)(10),
(14).
--------------------------------------------------------------------
In subsection (a), before clause (1), the text of 49
App.:1513(e)(15)(A) is omitted for clarity and because the terms
"air carrier" and "foreign air carrier" are used the first time
they appear in each subsection. The text of 49 App.:1513(e)(15)(D)
is omitted because the complete name of the Secretary of
Transportation is used the first time the term appears in this
section. Clauses (2), (4), and (5) are added to avoid repeating the
source provisions throughout this section. In clause (3)(D), the
words "without regard to" are omitted as surplus.
In subsection (b)(1), the words "bonds and other" are omitted as
surplus.
In subsection (b)(2), the word "limit" is omitted as being
included in "regulate".
In subsection (d), before clause (1), the text of 49
App.:1513(e)(5) is omitted as executed. The words "approve an
application that an eligible agency has submitted under subsection
(c) of this section" are substituted for "grant a public agency
which controls a commercial service airport authority to impose a
fee under this subsection" for clarity.
In subsection (e)(1)(B), the words "and conditions" are omitted
as being included in "terms".
Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last
sentence) to eliminate unnecessary words.
In subsection (e)(2)(B), the words "a public agency which
controls any other airport", "If a passenger of an air carrier is
being provided air service", and "with respect to such air service"
are omitted as surplus.
In subsection (f)(3), the words "financed with" are substituted
for "carried out through the use of" for consistency in this
section and to eliminate unnecessary words.
In subsection (g), the word "price" is substituted for "rate,
fee, or charge" and "rates, fees, and charges" to eliminate
unnecessary words.
In subsection (g)(2), the words "Except as provided by
subparagraph (C)" and "by means of depreciation, amortization, or
any other method" are omitted as surplus.
In subsection (h)(1), the word "agent" is substituted for
"agency" to correct an error in the source provisions.
In subsection (i), before clause (1), the words "Not later than
May 4, 1991" are omitted as obsolete.
PUB. L. 104-287
This repeals 49:40117(e)(2)(C) to eliminate an executed provision
and makes conforming amendments.
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this subsection, referred to in
subsec. (k)(1), is the date of enactment of Pub. L. 106-181, which
was approved Apr. 5, 2000.
-MISC2-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-181, Sec. 151, amended heading
and text of subsec. (a) generally. Prior to amendment, text read as
follows: "In this section -
"(1) 'airport', 'commercial service airport', and 'public
agency' have the same meanings given those terms in section 47102
of this title.
"(2) 'eligible agency' means a public agency that controls a
commercial service airport.
"(3)'eligible airport-related project' means a project -
"(A) for airport development or airport planning under
subchapter I of chapter 471 of this title;
"(B) for terminal development described in section 47110(d)
of this title;
"(C) for airport noise capability planning under section
47505 of this title;
"(D) to carry out noise compatibility measures eligible for
assistance under section 47504 of this title, whether or not a
program for those measures has been approved under section
47504; and
"(E) for constructing gates and related areas at which
passengers board or exit aircraft.
"(4) 'passenger facility fee' means a fee imposed under this
section.
"(5) 'passenger facility revenue' means revenue derived from a
passenger facility fee."
Subsec. (a)(3)(C) to (F). Pub. L. 106-181, Sec. 152(a), added
subpar. (C) and redesignated former subpars. (C) to (E) as (D) to
(F), respectively.
Subsec. (b)(4). Pub. L. 106-181, Sec. 105(a), added par. (4).
Subsec. (d)(4). Pub. L. 106-181, Sec. 105(b), added par. (4).
Subsec. (e)(2)(D), (E). Pub. L. 106-181, Sec. 135(a), added
subpars. (D) and (E).
Subsec. (i)(3). Pub. L. 106-181, Sec. 135(b)(1)-(3), added par.
(3).
Subsec. (j). Pub. L. 106-181, Sec. 135(b)(4), added subsec. (j).
Subsec. (k). Pub. L. 106-181, Sec. 155(c), added subsec. (k).
1996 - Subsec. (a)(3)(D) to (F). Pub. L. 104-264, Sec. 142(b)(2),
inserted "and" at end of subpar. (D), substituted a period for ";
and" at end of subpar. (E), and struck out subpar. (F) which read
as follows: "in addition to projects eligible under subparagraph
(A), the construction, reconstruction, repair, or improvement of
areas of an airport used for the operation of aircraft or actions
to mitigate the environmental effects of such construction,
reconstruction, repair, or improvement when the construction,
reconstruction, repair, improvement, or action is necessary for
compliance with the responsibilities of the operator or owner of
the airport under the Americans with Disabilities Act of 1990, the
Clean Air Act, or the Federal Water Pollution Control Act with
respect to the airport."
Subsec. (e)(2)(B) to (D). Pub. L. 104-287 inserted "and" at end
of subpar. (B), redesignated subpar. (D) as (C), and struck out
former subpar. (C) which read as follows: "for a project the
Secretary does not approve under this section before October 1,
1993, if, during the fiscal year ending September 30, 1993, the
amount available for obligation under subchapter II of chapter 417
of this title is less than $38,600,000, except that this clause -
"(i) does not apply if the amount available for obligation
under subchapter II of chapter 417 of this title is less than
$38,600,000 because of sequestration or other general
appropriations reductions applied proportionately to
appropriations accounts throughout an appropriation law; and
"(ii) does not affect the authority of the Secretary to approve
the imposition of a fee or the use of revenues, derived from a
fee imposed under an approval made under this section, by a
public agency that has received an approval to impose a fee under
this section before September 30, 1993, regardless of whether the
fee is being imposed on September 30, 1993; and".
Subsec. (g)(4). Pub. L. 104-264, Sec. 1202, added par. (4).
1994 - Subsec. (a)(3)(F). Pub. L. 103-305, Sec. 203, added
subpar. (F).
Subsec. (d)(3). Pub. L. 103-305, Sec. 204(b), added par. (3).
Subsec. (e)(2)(D). Pub. L. 103-305, Sec. 204(a)(1), added subpar.
(D).
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.
COMPETITION PLANS
Pub. L. 106-181, title I, Sec. 155(a), Apr. 5, 2000, 114 Stat.
88, provided that: "The Congress makes the following findings:
"(1) Major airports must be available on a reasonable basis to
all air carriers wishing to serve those airports.
"(2) 15 large hub airports today are each dominated by one air
carrier, with each such carrier controlling more than 50 percent
of the traffic at the hub.
"(3) The General Accounting Office has found that such levels
of concentration lead to higher air fares.
"(4) The United States Government must take every step
necessary to reduce those levels of concentration.
"(5) Consistent with air safety, spending at these airports
must be directed at providing opportunities for carriers wishing
to serve such facilities on a commercially viable basis."
LIMITATION ON STATUTORY CONSTRUCTION OF SUBSECTION (E)(2)(D)
Section 204(a)(2) of Pub. L. 103-305 provided that: "The
amendment made by paragraph (1) [amending this section] shall not
be construed as requiring any person to refund any fee paid before
the date of the enactment of this Act [Aug. 23, 1994]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 40116, 46301, 46316,
47102, 47106, 47110, 47111, 47114, 47134, 47524, 47526, 49108 of
this title.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
(!2) So in original. The semicolon probably should be a period.
(!3) So in original. The period probably should be a semicolon.
-End-
-CITE-
49 USC Sec. 40118 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40118. Government-financed air transportation
-STATUTE-
(a) Transportation by Air Carriers Holding Certificates. - A
department, agency, or instrumentality of the United States
Government shall take necessary steps to ensure that the
transportation of passengers and property by air is provided by an
air carrier holding a certificate under section 41102 of this title
if -
(1) the department, agency, or instrumentality -
(A) obtains the transportation for itself or in carrying out
an arrangement under which payment is made by the Government or
payment is made from amounts provided for the use of the
Government; or
(B) provides the transportation to or for a foreign country
or international or other organization without reimbursement;
(2) the transportation is authorized by the certificate or by
regulation or exemption of the Secretary of Transportation; and
(3) the air carrier is -
(A) available, if the transportation is between a place in
the United States and a place outside the United States; or
(B) reasonably available, if the transportation is between 2
places outside the United States.
(b) Transportation by Foreign Air Carriers. - This section does
not preclude the transportation of passengers and property by a
foreign air carrier if the transportation is provided under a
bilateral or multilateral air transportation agreement to which the
Government and the government of a foreign country are parties if
the agreement -
(1) is consistent with the goals for international aviation
policy of section 40101(e) of this title; and
(2) provides for the exchange of rights or benefits of similar
magnitude.
(c) Proof. - The Administrator of General Services shall
prescribe regulations under which agencies may allow the
expenditure of an appropriation for transportation in violation of
this section only when satisfactory proof is presented showing the
necessity for the transportation.
(d) Certain Transportation by Air Outside the United States. -
Notwithstanding subsections (a) and (c) of this section, any amount
appropriated to the Secretary of State or the Administrator of the
Agency for International Development may be used to pay for the
transportation of an officer or employee of the Department of State
or one of those agencies, a dependent of the officer or employee,
and accompanying baggage, by a foreign air carrier when the
transportation is between 2 places outside the United States.
(e) Relationship to Other Laws. - This section does not affect
the application of the antidiscrimination provisions of this part.
(f) Prohibition of Certification or Contract Clause. - (1) No
certification by a contractor, and no contract clause, may be
required in the case of a contract for the transportation of
commercial items in order to implement a requirement in this
section.
(2) In paragraph (1), the term "commercial item" has the meaning
given such term in section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)).
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1116; Pub. L.
103-355, title VIII, Sec. 8301(h), Oct. 13, 1994, 108 Stat. 3398;
Pub. L. 104-287, Sec. 5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L.
104-316, title I, Sec. 127(d), Oct. 19, 1996, 110 Stat. 3840; Pub.
L. 105-277, div. G, subdiv. A, title XII, Sec. 1225(h), title XIII,
Sec. 1335(p), title XIV, Sec. 1422(b)(6), Oct. 21, 1998, 112 Stat.
2681-775, 2681-789, 2681-793.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40118(a) 49 App.:1517(a), Aug. 23, 1958, Pub. L.
(b). 85-726, 72 Stat. 731, Sec.
1117; added Jan. 3, 1975,
Pub. L. 93-623, Sec. 5(a),
88 Stat. 2104; restated Feb.
15, 1980, Pub. L. 96-192,
Sec. 21, 94 Stat. 43.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(E); added Oct. 4,
1984, Pub. L. 98-443, Sec.
3(e), 98 Stat. 1704.
40118(b) 49 App.:1517(c).
40118(c) 49 App.:1517(d)
(1st sentence).
40118(d) 49 App.:1518. Oct. 7, 1978, Pub. L.
95-426, Sec. 706, 92 Stat.
992.
40118(e) 49 App.:1517(d)
(last sentence).
--------------------------------------------------------------------
In this section, the word "passengers" is substituted for
"persons" for consistency in the revised title. The words "(and
their personal effects)" are omitted as being included in
"property".
In subsection (a), before clause (1), the words "Except as
provided in subsection (c) of this section" are omitted as surplus.
The words "department, agency, or instrumentality" are substituted
for "agency" for consistency in the revised title and with other
titles of the United States Code. The words "or agencies" are
omitted because of 1:1. In clause (1), before subclause (A), the
words "executive" and "other" are omitted as surplus. In subclause
(A), the words "procure, contract for, or otherwise" are omitted as
surplus. The words "for itself or in carrying out an arrangement
under which payment is made by the Government or payment is made
from amounts provided for the use of the Government" are
substituted for "in furtherance of the purposes or pursuant to the
terms of any contract, agreement, or other special arrangement made
or entered into under which payment is made by the United States or
payment is made from funds appropriated, owned, controlled,
granted, or conditionally granted or utilized by or otherwise" for
clarity and to eliminate unnecessary words. In subclause (B), the
word "country" is substituted for "nation" for consistency in the
revised title and with other titles of the Code. The words
"international or other organization" are substituted for
"international agency, or other organization, of whatever
nationality" to eliminate unnecessary words. The words "provisions
for" are omitted as surplus.
In subsection (b), before clause (1), the words "government of a
foreign country" are substituted for "foreign government" for
consistency in the revised title and with other titles of the Code.
The words "or governments" are omitted because of 1:1.
In subsection (c), the words "for payment for personnel or cargo
transportation" are omitted as surplus.
In subsection (d), the words "the limitations established by" are
omitted as surplus. The words "after October 7, 1978" are omitted
as executed. The words "Secretary of State" are substituted for
"Department of State" because of 22:2651. The words "Director of
the United States Information Agency" are substituted for
"International Communication Agency" in section 706 of the Act of
October 7, 1978 (Public Law 95-426, 92 Stat. 992), because of
section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978,
91 Stat. 1636) and section 303(b) of the United States Information
Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law
97-241, 96 Stat. 291). The words "Director of the United States
International Development Cooperation Agency" are substituted for
"Agency for International Development (or any successor agency)" in
section 706 because of section 6(a)(3) of Reorganization Plan No. 2
of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words "a foreign
air carrier" are substituted for "air carriers which do not hold
certificates under section 1371 of this Appendix" for clarity. See
H. Conf. Rept. No. 95-1535, 95th Cong., 2d Sess., p. 45 (1978).
In subsection (e), the word "affect" is substituted for "prevent"
for clarity. The words "to such traffic" are omitted as surplus.
PUB. L. 104-287, SEC. 5(68)(A)
This amends the catchline for 49:40118(d) to make a clarifying
amendment.
PUB. L. 104-287, SEC. 5(68)(B)
This amends 49:40118(f)(1) to make a clarifying amendment.
AMENDMENTS
1998 - Subsec. (d). Pub. L. 105-277, Sec. 1422(b)(6), substituted
"or the Administrator of the Agency for International Development"
for "the Director of the United States International Development
Cooperation Agency".
Pub. L. 105-277, Sec. 1335(p), struck out ", the Director of the
United States Information Agency," after "Secretary of State".
Pub. L. 105-277, Sec. 1225(h), struck out ", or the Director of
the Arms Control and Disarmament Agency" before "may be used to
pay".
1996 - Subsec. (c). Pub. L. 104-316 substituted "Administrator of
General Services shall prescribe regulations under which agencies
may" for "Comptroller General shall".
Subsec. (d). Pub. L. 104-287, Sec. 5(68)(A), substituted "Certain
Transportation by Air Outside the United States" for
"Transportation by Foreign Air Carriers" in heading.
Subsec. (f). Pub. L. 104-287, Sec. 5(68)(B), inserted heading.
1994 - Subsec. (f). Pub. L. 103-355 added subsec. (f).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 1225(h) of Pub. L. 105-277 effective on
earlier of Apr. 1, 1999, or date of abolition of the United States
Arms Control and Disarmament Agency pursuant to reorganization plan
described in section 6601 of Title 22, Foreign Relations and
Intercourse, see section 1201 of Pub. L. 105-277, set out as an
Effective Date note under section 6511 of Title 22.
Amendment by section 1335(p) of Pub. L. 105-277 effective on
earlier of Oct. 1, 1999, or date of abolition of the United States
Information Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1301 of Pub. L. 105-277, set out as an Effective Date note
under section 6531 of Title 22.
Amendment by section 1422(b)(6) of Pub. L. 105-277 effective on
earlier of Apr. 1, 1999, or date of abolition of the United States
International Development Cooperation Agency pursuant to
reorganization plan described in section 6601 of Title 22, Foreign
Relations and Intercourse, see section 1401 of Pub. L. 105-277, set
out as an Effective Date note under section 6561 of Title 22.
EFFECTIVE DATE OF 1994 AMENDMENT
For effective date and applicability of amendment by Pub. L.
103-355, see section 10001 of Pub. L. 103-355, set out as a note
under section 251 of Title 41, Public Contracts.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 2514.
-End-
-CITE-
49 USC Sec. 40119 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40119. Security and research and development activities
-STATUTE-
(a) General Requirements. - The Under Secretary of Transportation
for Security and the Administrator of the Federal Aviation
Administration each shall conduct research (including behavioral
research) and development activities appropriate to develop,
modify, test, and evaluate a system, procedure, facility, or device
to protect passengers and property against acts of criminal
violence, aircraft piracy, and terrorism and to ensure security.
(b) Disclosure. - (1) Notwithstanding section 552 of title 5 and
the establishment of a Department of Homeland Security, the
Secretary of Transportation shall prescribe regulations prohibiting
disclosure of information obtained or developed in ensuring
security under this title if the Secretary of Transportation
decides disclosing the information would -
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
(C) be detrimental to transportation safety.
(2) Paragraph (1) of this subsection does not authorize
information to be withheld from a committee of Congress authorized
to have the information.
(c) Transfers of Duties and Powers Prohibited. - Except as
otherwise provided by law, the Under Secretary may not transfer a
duty or power under this section to another department, agency, or
instrumentality of the United States Government.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1117; Pub. L.
107-71, title I, Sec. 101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L.
107-296, title XVI, Sec. 1601(a), Nov. 25, 2002, 116 Stat. 2312.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40119(a) 49 App.:1357(d)(1). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
316(d)(1), (e)(1); added
Aug. 5, 1974, Pub. L.
93-366, Sec. 202, 88 Stat.
417.
40119(b) 49 App.:1357(d)(2). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
316(d)(2); added Aug. 5,
1974, Pub. L. 93-366, Sec.
202, 88 Stat. 417; Nov. 5,
1990, Pub. L. 101-508, Sec.
9121, 104 Stat. 1388-370.
40119(c) 49 App.:1357(e)(1).
--------------------------------------------------------------------
In this section, the word "Administrator" in section 316(d) and
(e) of the Federal Aviation Act of 1958 (Public Law 85-726, 72
Stat. 731) is retained on authority of 49:106(g).
In subsection (a), the words "as he may deem" and "aboard
aircraft in air transportation or intrastate air transportation"
are omitted as surplus.
In subsection (b)(1), before clause (A), the words "relating to
freedom of information", "as he may deem necessary", and "in the
conduct of research and development activities" are omitted as
surplus. In clause (A), the words "(including, but not limited to,
information contained in any personnel, medical, or similar file)"
are omitted as surplus. In clause (B), the words "obtained from any
person" are omitted as surplus. In clause (C), the word "traveling"
is omitted as surplus.
In subsection (b)(2), the word "duly" is omitted as surplus. The
words "to have the information" are added for clarity.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-296, Sec. 1601(a)(1), inserted
"and the Administrator of the Federal Aviation Administration each"
after "for Security" and substituted "criminal violence, aircraft
piracy, and terrorism and to ensure security" for "criminal
violence and aircraft piracy".
Subsec. (b)(1). Pub. L. 107-296, Sec. 1601(a)(2)(A), (B), in
introductory provisions, substituted "and the establishment of a
Department of Homeland Security, the Secretary of Transportation"
for ", the Under Secretary" and "ensuring security under this title
if the Secretary of Transportation" for "carrying out security or
research and development activities under section 44501(a) or (c),
44502(a)(1) or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511,
44512, 44513, 44901, 44903(a), (b), (c), or (e), 44905, 44912,
44935, 44936, or 44938(a) or (b) of this title if the Under
Secretary".
Subsec. (b)(1)(C). Pub. L. 107-296, Sec. 1601(a)(2)(C),
substituted "transportation safety" for "the safety of passengers
in transportation".
2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(e)(1), substituted
"Under Secretary of Transportation for Security" for "Administrator
of the Federal Aviation Administration".
Subsec. (b). Pub. L. 107-71, Sec. 101(e)(2), substituted "Under
Secretary" for "Administrator" in two places in introductory
provisions.
Subsec. (b)(1)(C). Pub. L. 107-71, Sec. 101(e)(3), struck out
"air" before "transportation".
Subsec. (c). Pub. L. 107-71, Sec. 101(e)(2), substituted "Under
Secretary" for "Administrator".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Transportation Security Administration of the Department of
Transportation, including the functions of the Secretary of
Transportation, and of the Under Secretary of Transportation for
Security, relating thereto, to the Secretary of Homeland Security,
and for treatment of related references, see sections 203(2),
551(d), 552(d), and 557 of Title 6, Domestic Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 115, 40109, 44501,
44508, 44921 of this title.
-End-
-CITE-
49 USC Sec. 40120 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40120. Relationship to other laws
-STATUTE-
(a) Nonapplication. - Except as provided in the International
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the
navigation and shipping laws of the United States and the rules for
the prevention of collisions do not apply to aircraft or to the
navigation of vessels related to those aircraft.
(b) Extending Application Outside United States. - The President
may extend (in the way and for periods the President considers
necessary) the application of this part to outside the United
States when -
(1) an international arrangement gives the United States
Government authority to make the extension; and
(2) the President decides the extension is in the national
interest.
(c) Additional Remedies. - A remedy under this part is in
addition to any other remedies provided by law.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1117.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40120(a) 49 App.:1509(a). Aug. 23, 1958, Pub. L.
85-726, Secs. 1106, 1109(a),
1110, 72 Stat. 798, 799, 800.
40120(b) 49 App.:1510.
40120(c) 49 App.:1506.
--------------------------------------------------------------------
In subsection (a), the words "International Navigational Rules
Act of 1977 (33 U.S.C. 1601 et seq.)" are substituted for "sections
143 to 147d of title 33" because those sections were repealed by
section 3 of the Act of September 24, 1963 (Public Law 88-131, 77
Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by
section 10 of the International Navigational Rules Act of 1977
(Public Law 95-75, 91 Stat. 311) and replaced by 33:1601-1608. The
words "including any definition of 'vessel' or 'vehicle' found
therein" and "be construed to" are omitted as surplus.
In subsection (b), before clause (1), the words "to the extent",
"of time", and "any areas of land or water" are omitted as surplus.
The words "and the overlying airspace thereof" are omitted as being
included in "outside the United States". In clause (1), the words
"treaty, agreement or other lawful" and "necessary legal" are
omitted as surplus.
Subsection (c) is substituted for 49 App.:1506 to eliminate
unnecessary words and for clarity and consistency in the revised
title and with other titles of the United States Code.
-REFTEXT-
REFERENCES IN TEXT
The International Navigational Rules Act of 1977, referred to in
subsec. (a), is Pub. L. 95-75, July 27, 1977, 91 Stat. 308, as
amended, which is classified principally to chapter 30 (Sec. 1601
et seq.) of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title note set
out under section 1601 of Title 33 and Tables.
-EXEC-
EX. ORD. NO. 10854. EXTENSION OF APPLICATION
Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:
The application of the Federal Aviation Act of 1958 (72 Stat.
731; 49 U.S.C.A. Sec. 1301 et seq. [see 49 U.S.C. 40101 et seq.]),
to the extent necessary to permit the Secretary of Transportation
to accomplish the purposes and objectives of Titles III [former 49
U.S.C. 1341 et seq., see Disposition Table at beginning of this
title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is
hereby extended to those areas of land or water outside the United
States and the overlying airspace thereof over or in which the
Federal Government of the United States, under international
treaty, agreement or other lawful arrangement, has appropriate
jurisdiction or control: Provided, That the Secretary of
Transportation, prior to taking any action under the authority
hereby conferred, shall first consult with the Secretary of State
on matters affecting foreign relations, and with the Secretary of
Defense on matters affecting national-defense interests, and shall
not take any action which the Secretary of State determines to be
in conflict with any international treaty or agreement to which the
United States is a party, or to be inconsistent with the successful
conduct of the foreign relations of the United States, or which the
Secretary of Defense determines to be inconsistent with the
requirements of national defense.
-End-
-CITE-
49 USC Sec. 40121 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40121. Air traffic control modernization reviews
-STATUTE-
(a) Required Terminations of Acquisitions. - The Administrator of
the Federal Aviation Administration shall terminate any acquisition
program initiated after the date of the enactment of the Air
Traffic Management System Performance Improvement Act of 1996 and
funded under the Facilities and Equipment account that -
(1) is more than 50 percent over the cost goal established for
the program;
(2) fails to achieve at least 50 percent of the performance
goals established for the program; or
(3) is more than 50 percent behind schedule as determined in
accordance with the schedule goal established for the program.
(b) Authorized Termination of Acquisition Programs. - The
Administrator shall consider terminating, under the authority of
subsection (a), any substantial acquisition program that -
(1) is more than 10 percent over the cost goal established for
the program;
(2) fails to achieve at least 90 percent of the performance
goals established for the program; or
(3) is more than 10 percent behind schedule as determined in
accordance with the schedule goal established for the program.
(c) Exceptions and Report. -
(1) Continuance of program, etc. - Notwithstanding subsection
(a), the Administrator may continue an acquisitions program
required to be terminated under subsection (a) if the
Administrator determines that termination would be inconsistent
with the development or operation of the national air
transportation system in a safe and efficient manner.
(2) Department of defense. - The Department of Defense shall
have the same exemptions from acquisition laws as are waived by
the Administrator under section 40110(d)(2) of this title when
engaged in joint actions to improve or replenish the national air
traffic control system. The Administration may acquire real
property, goods, and services through the Department of Defense,
or other appropriate agencies, but is bound by the acquisition
laws and regulations governing those cases.
(3) Report. - If the Administrator makes a determination under
paragraph (1), the Administrator shall transmit a copy of the
determination, together with a statement of the basis for the
determination, to the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
-SOURCE-
(Added Pub. L. 104-264, title II, Sec. 252, Oct. 9, 1996, 110 Stat.
3236; amended Pub. L. 106-181, title III, Sec. 307(c)(2), Apr. 5,
2000, 114 Stat. 126.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996, referred to in subsec. (a), is
the date of enactment of Pub. L. 104-264, which was approved Oct.
9, 1996.
-COD-
CODIFICATION
Another section 40121 was renumbered section 40124 of this title.
-MISC1-
AMENDMENTS
2000 - Subsec. (c)(2). Pub. L. 106-181 substituted "section
40110(d)(2) of this title" for "section 348(b) of Public Law
104-50".
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
Section effective on date that is 30 days after Oct. 9, 1996, see
section 203 of Pub. L. 104-264, set out as an Effective Date of
1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106
of this title.
-End-
-CITE-
49 USC Sec. 40122 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40122. Federal Aviation Administration personnel management
system
-STATUTE-
(a) In General. -
(1) Consultation and negotiation. - In developing and making
changes to the personnel management system initially implemented
by the Administrator of the Federal Aviation Administration on
April 1, 1996, the Administrator shall negotiate with the
exclusive bargaining representatives of employees of the
Administration certified under section 7111 of title 5 and
consult with other employees of the Administration.
(2) Mediation. - If the Administrator does not reach an
agreement under paragraph (1) with the exclusive bargaining
representatives, the services of the Federal Mediation and
Conciliation Service shall be used to attempt to reach such
agreement. If the services of the Federal Mediation and
Conciliation Service do not lead to an agreement, the
Administrator's proposed change to the personnel management
system shall not take effect until 60 days have elapsed after the
Administrator has transmitted the proposed change, along with the
objections of the exclusive bargaining representatives to the
change, and the reasons for such objections, to Congress. The
60-day period shall not include any period during which Congress
has adjourned sine die.
(3) Cost savings and productivity goals. - The Administration
and the exclusive bargaining representatives of the employees
shall use every reasonable effort to find cost savings and to
increase productivity within each of the affected bargaining
units.
(4) Annual budget discussions. - The Administration and the
exclusive bargaining representatives of the employees shall meet
annually for the purpose of finding additional cost savings
within the Administration's annual budget as it applies to each
of the affected bargaining units and throughout the agency.
(b) Expert Evaluation. - On the date that is 3 years after the
personnel management system is implemented, the Administration
shall employ outside experts to provide an independent evaluation
of the effectiveness of the system within 3 months after such date.
For this purpose, the Administrator may utilize the services of
experts and consultants under section 3109 of title 5 without
regard to the limitation imposed by the last sentence of section
3109(b) of such title, and may contract on a sole source basis,
notwithstanding any other provision of law to the contrary.
(c) Pay Restriction. - No officer or employee of the
Administration may receive an annual rate of basic pay in excess of
the annual rate of basic pay payable to the Administrator.
(d) Ethics. - The Administration shall be subject to Executive
Order No. 12674 and regulations and opinions promulgated by the
Office of Government Ethics, including those set forth in section
2635 of title 5 of the Code of Federal Regulations.
(e) Employee Protections. - Until July 1, 1999, basic wages
(including locality pay) and operational differential pay provided
employees of the Administration shall not be involuntarily
adversely affected by reason of the enactment of this section,
except for unacceptable performance or by reason of a reduction in
force or reorganization or by agreement between the Administration
and the affected employees' exclusive bargaining representative.
(f) Labor-Management Agreements. - Except as otherwise provided
by this title, all labor-management agreements covering employees
of the Administration that are in effect on the effective date of
the Air Traffic Management System Performance Improvement Act of
1996 shall remain in effect until their normal expiration date,
unless the Administrator and the exclusive bargaining
representative agree to the contrary.
(g) Personnel Management System. -
(1) In general. - In consultation with the employees of the
Administration and such non-governmental experts in personnel
management systems as he may employ, and notwithstanding the
provisions of title 5 and other Federal personnel laws, the
Administrator shall develop and implement, not later than January
1, 1996, a personnel management system for the Administration
that addresses the unique demands on the agency's workforce. Such
a new system shall, at a minimum, provide for greater flexibility
in the hiring, training, compensation, and location of personnel.
(2) Applicability of title 5. - The provisions of title 5 shall
not apply to the new personnel management system developed and
implemented pursuant to paragraph (1), with the exception of -
(A) section 2302(b), relating to whistleblower protection,
including the provisions for investigation and enforcement as
provided in chapter 12 of title 5;
(B) sections 3308-3320, relating to veterans' preference;
(C) chapter 71, relating to labor-management relations;
(D) section 7204, relating to antidiscrimination;
(E) chapter 73, relating to suitability, security, and
conduct;
(F) chapter 81, relating to compensation for work injury;
(G) chapters 83-85, 87, and 89, relating to retirement,
unemployment compensation, and insurance coverage; and
(H) sections 1204, 1211-1218, 1221, and 7701-7703, relating
to the Merit Systems Protection Board.
(3) Appeals to merit systems protection board. - Under the new
personnel management system developed and implemented under
paragraph (1), an employee of the Administration may submit an
appeal to the Merit Systems Protection Board and may seek
judicial review of any resulting final orders or decisions of the
Board from any action that was appealable to the Board under any
law, rule, or regulation as of March 31, 1996.
(4) Effective date. - This subsection shall take effect on
April 1, 1996.
(h) Right To Contest Adverse Personnel Actions. - An employee of
the Federal Aviation Administration who is the subject of a major
adverse personnel action may contest the action either through any
contractual grievance procedure that is applicable to the employee
as a member of the collective bargaining unit or through the
Administration's internal process relating to review of major
adverse personnel actions of the Administration, known as
Guaranteed Fair Treatment, or under section 40122(g)(3).
(i) Election of Forum. - Where a major adverse personnel action
may be contested through more than one of the indicated forums
(such as the contractual grievance procedure, the Federal Aviation
Administration's internal process, or that of the Merit Systems
Protection Board), an employee must elect the forum through which
the matter will be contested. Nothing in this section is intended
to allow an employee to contest an action through more than one
forum unless otherwise allowed by law.
(j) Definition. - In this section, the term "major adverse
personnel action" means a suspension of more than 14 days, a
reduction in pay or grade, a removal for conduct or performance, a
nondisciplinary removal, a furlough of 30 days or less (but not
including placement in a nonpay status as the result of a lapse of
appropriations or an enactment by Congress), or a reduction in
force action.
-SOURCE-
(Added Pub. L. 104-264, title II, Sec. 253, Oct. 9, 1996, 110 Stat.
3237; amended Pub. L. 106-181, title III, Secs. 307(a), 308, Apr.
5, 2000, 114 Stat. 124, 126.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order No. 12674, referred to in subsec. (d), is set out
as a note under section 7301 of Title 5, Government Organization
and Employees.
The effective date of the Air Traffic Management System
Performance Improvement Act of 1996, referred to in subsec. (f), is
the date that is 30 days after Oct. 9, 1996. See section 203 of
Pub. L. 104-264, set out as an Effective Date of 1996 Amendment
note under section 106 of this title.
-MISC1-
AMENDMENTS
2000 - Subsec. (a)(2). Pub. L. 106-181, Sec. 308(a), inserted at
end "The 60-day period shall not include any period during which
Congress has adjourned sine die."
Subsec. (g). Pub. L. 106-181, Sec. 307(a), added subsec. (g).
Subsecs. (h) to (j). Pub. L. 106-181, Sec. 308(b), added subsecs.
(h) to (j).
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
Section effective on date that is 30 days after Oct. 9, 1996, see
section 203 of Pub. L. 104-264, set out as an Effective Date of
1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 114 of this title.
-End-
-CITE-
49 USC Sec. 40123 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40123. Protection of voluntarily submitted information
-STATUTE-
(a) In General. - Notwithstanding any other provision of law,
neither the Administrator of the Federal Aviation Administration,
nor any agency receiving information from the Administrator, shall
disclose voluntarily-provided safety or security related
information if the Administrator finds that -
(1) the disclosure of the information would inhibit the
voluntary provision of that type of information and that the
receipt of that type of information aids in fulfilling the
Administrator's safety and security responsibilities; and
(2) withholding such information from disclosure would be
consistent with the Administrator's safety and security
responsibilities.
(b) Regulations. - The Administrator shall issue regulations to
carry out this section.
-SOURCE-
(Added Pub. L. 104-264, title IV, Sec. 402(a), Oct. 9, 1996, 110
Stat. 3255.)
-MISC1-
EFFECTIVE DATE
Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106
of this title.
-End-
-CITE-
49 USC Sec. 40124 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40124. Interstate agreements for airport facilities
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 104-287, Sec. 5(69)(A), Oct. 11, 1996, 110 Stat.
3395, Sec. 40121; renumbered Sec. 40124, Pub. L. 105-102, Sec.
3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)
-MISC1-
HISTORICAL AND REVISION NOTES
This restates 49:44502(e) as 49:40121 [now 40124] to provide a
more appropriate place in title 49.
AMENDMENTS
1997 - Pub. L. 105-102 amended Pub. L. 104-287, renumbering
section 40121 of this title as this section.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105-102, Sec. 3(d), Nov. 20, 1997, 111 Stat. 2215,
provided that the amendment made by section 3(d)(1)(B) is effective
Oct. 11, 1996.
Amendment by Pub. L. 105-102 effective as if included in the
provisions of the Act to which the amendment relates, see section
3(f) of Pub. L. 105-102, set out as a note under section 106 of
this title.
-End-
-CITE-
49 USC Sec. 40125 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40125. Qualifications for public aircraft status
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Commercial purposes. - The term "commercial purposes" means
the transportation of persons or property for compensation or
hire, but does not include the operation of an aircraft by the
armed forces for reimbursement when that reimbursement is
required by any Federal statute, regulation, or directive, in
effect on November 1, 1999, or by one government on behalf of
another government under a cost reimbursement agreement if the
government on whose behalf the operation is conducted certifies
to the Administrator of the Federal Aviation Administration that
the operation is necessary to respond to a significant and
imminent threat to life or property (including natural resources)
and that no service by a private operator is reasonably available
to meet the threat.
(2) Governmental function. - The term "governmental function"
means an activity undertaken by a government, such as national
defense, intelligence missions, firefighting, search and rescue,
law enforcement (including transport of prisoners, detainees, and
illegal aliens), aeronautical research, or biological or
geological resource management.
(3) Qualified non-crewmember. - The term "qualified
non-crewmember" means an individual, other than a member of the
crew, aboard an aircraft -
(A) operated by the armed forces or an intelligence agency of
the United States Government; or
(B) whose presence is required to perform, or is associated
with the performance of, a governmental function.
(4) Armed forces. - The term "armed forces" has the meaning
given such term by section 101 of title 10.
(b) Aircraft Owned by Governments. - An aircraft described in
subparagraph (A), (B), (C), or (D) of section 40102(a)(37) does not
qualify as a public aircraft under such section when the aircraft
is used for commercial purposes or to carry an individual other
than a crewmember or a qualified non-crewmember.
(c) Aircraft Owned or Operated by the Armed Forces. -
(1) In general. - Subject to paragraph (2), an aircraft
described in section 40102(a)(37)(E) qualifies as a public
aircraft if -
(A) the aircraft is operated in accordance with title 10;
(B) the aircraft is operated in the performance of a
governmental function under title 14, 31, 32, or 50 and the
aircraft is not used for commercial purposes; or
(C) the aircraft is chartered to provide transportation to
the armed forces and the Secretary of Defense (or the Secretary
of the department in which the Coast Guard is operating)
designates the operation of the aircraft as being required in
the national interest.
(2) Limitation. - An aircraft that meets the criteria set forth
in paragraph (1) and that is owned or operated by the National
Guard of a State, the District of Columbia, or any territory or
possession of the United States, qualifies as a public aircraft
only to the extent that it is operated under the direct control
of the Department of Defense.
-SOURCE-
(Added Pub. L. 106-181, title VII, Sec. 702(b)(1), Apr. 5, 2000,
114 Stat. 155.)
-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.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 40102 of this title.
-End-
-CITE-
49 USC Sec. 40126 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40126. Severable services contracts for periods crossing
fiscal years
-STATUTE-
(a) In General. - The Administrator of the Federal Aviation
Administration may enter into a contract for procurement of
severable services for a period that begins in 1 fiscal year and
ends in the next fiscal year if (without regard to any option to
extend the period of the contract) the contract period does not
exceed 1 year.
(b) Obligation of Funds. - Funds made available for a fiscal year
may be obligated for the total amount of a contract entered into
under the authority of subsection (a).
-SOURCE-
(Added Pub. L. 106-181, title VII, Sec. 705(a), Apr. 5, 2000, 114
Stat. 157.)
-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-
-CITE-
49 USC Sec. 40127 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40127. Prohibitions on discrimination
-STATUTE-
(a) Persons in Air Transportation. - An air carrier or foreign
air carrier may not subject a person in air transportation to
discrimination on the basis of race, color, national origin,
religion, sex, or ancestry.
(b) Use of Private Airports. - Notwithstanding any other
provision of law, no State or local government may prohibit the use
or full enjoyment of a private airport within its jurisdiction by
any person on the basis of that person's race, color, national
origin, religion, sex, or ancestry.
-SOURCE-
(Added Pub. L. 106-181, title VII, Sec. 706(a), Apr. 5, 2000, 114
Stat. 157.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 46301 of this title.
-End-
-CITE-
49 USC Sec. 40128 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart i - general
CHAPTER 401 - GENERAL PROVISIONS
-HEAD-
Sec. 40128. Overflights of national parks
-STATUTE-
(a) In General. -
(1) General requirements. - A commercial air tour operator may
not conduct commercial air tour operations over a national park
or tribal lands except -
(A) in accordance with this section;
(B) in accordance with conditions and limitations prescribed
for that operator by the Administrator; and
(C) in accordance with any applicable air tour management
plan for the park or tribal lands.
(2) Application for operating authority. -
(A) Application required. - Before commencing commercial air
tour operations over a national park or tribal lands, a
commercial air tour operator shall apply to the Administrator
for authority to conduct the operations over the park or tribal
lands.
(B) Competitive bidding for limited capacity parks. -
Whenever an air tour management plan limits the number of
commercial air tour operations over a national park during a
specified time frame, the Administrator, in cooperation with
the Director, shall issue operation specifications to
commercial air tour operators that conduct such operations. The
operation specifications shall include such terms and
conditions as the Administrator and the Director find necessary
for management of commercial air tour operations over the park.
The Administrator, in cooperation with the Director, shall
develop an open competitive process for evaluating proposals
from persons interested in providing commercial air tour
operations over the park. In making a selection from among
various proposals submitted, the Administrator, in cooperation
with the Director, shall consider relevant factors, including -
(i) the safety record of the person submitting the proposal
or pilots employed by the person;
(ii) any quiet aircraft technology proposed to be used by
the person submitting the proposal;
(iii) the experience of the person submitting the proposal
with commercial air tour operations over other national parks
or scenic areas;
(iv) the financial capability of the person submitting the
proposal;
(v) any training programs for pilots provided by the person
submitting the proposal; and
(vi) responsiveness of the person submitting the proposal
to any relevant criteria developed by the National Park
Service for the affected park.
(C) Number of operations authorized. - In determining the
number of authorizations to issue to provide commercial air
tour operations over a national park, the Administrator, in
cooperation with the Director, shall take into consideration
the provisions of the air tour management plan, the number of
existing commercial air tour operators and current level of
service and equipment provided by any such operators, and the
financial viability of each commercial air tour operation.
(D) Cooperation with nps. - Before granting an application
under this paragraph, the Administrator, in cooperation with
the Director, shall develop an air tour management plan in
accordance with subsection (b) and implement such plan.
(E) Time limit on response to atmp applications. - The
Administrator shall make every effort to act on any application
under this paragraph and issue a decision on the application
not later than 24 months after it is received or amended.
(F) Priority. - In acting on applications under this
paragraph to provide commercial air tour operations over a
national park, the Administrator shall give priority to an
application under this paragraph in any case in which a new
entrant commercial air tour operator is seeking operating
authority with respect to that national park.
(3) Exception. - Notwithstanding paragraph (1), commercial air
tour operators may conduct commercial air tour operations over a
national park under part 91 of the title 14, Code of Federal
Regulations if -
(A) such activity is permitted under part 119 of such title;
(B) the operator secures a letter of agreement from the
Administrator and the national park superintendent for that
national park describing the conditions under which the
operations will be conducted; and
(C) the total number of operations under this exception is
limited to not more than five flights in any 30-day period over
a particular park.
(4) Special rule for safety requirements. - Notwithstanding
subsection (c), an existing commercial air tour operator shall
apply, not later than 90 days after the date of the enactment of
this section, for operating authority under part 119, 121, or 135
of title 14, Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for such authority
before conducting commercial air tour operations over a national
park or tribal lands. The Administrator shall make every effort
to act on any such application for a new entrant and issue a
decision on the application not later than 24 months after it is
received or amended.
(b) Air Tour Management Plans. -
(1) Establishment. -
(A) In general. - The Administrator, in cooperation with the
Director, shall establish an air tour management plan for any
national park or tribal land for which such a plan is not in
effect whenever a person applies for authority to conduct a
commercial air tour operation over the park. The air tour
management plan shall be developed by means of a public process
in accordance with paragraph (4).
(B) Objective. - The objective of any air tour management
plan shall be to develop acceptable and effective measures to
mitigate or prevent the significant adverse impacts, if any, of
commercial air tour operations upon the natural and cultural
resources, visitor experiences, and tribal lands.
(2) Environmental determination. - In establishing an air tour
management plan under this subsection, the Administrator and the
Director shall each sign the environmental decision document
required by section 102 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332) which may include a finding of no
significant impact, an environmental assessment, or an
environmental impact statement and the record of decision for the
air tour management plan.
(3) Contents. - An air tour management plan for a national park
-
(A) may prohibit commercial air tour operations in whole or
in part;
(B) may establish conditions for the conduct of commercial
air tour operations, including commercial air tour routes,
maximum or minimum altitudes, time-of-day restrictions,
restrictions for particular events, maximum number of flights
per unit of time, intrusions on privacy on tribal lands, and
mitigation of noise, visual, or other impacts;
(C) shall apply to all commercial air tour operations within
1/2 mile outside the boundary of a national park;
(D) shall include incentives (such as preferred commercial
air tour routes and altitudes, relief from caps and curfews)
for the adoption of quiet aircraft technology by commercial air
tour operators conducting commercial air tour operations at the
park;
(E) shall provide for the initial allocation of opportunities
to conduct commercial air tour operations if the plan includes
a limitation on the number of commercial air tour operations
for any time period; and
(F) shall justify and document the need for measures taken
pursuant to subparagraphs (A) through (E) and include such
justifications in the record of decision.
(4) Procedure. - In establishing an air tour management plan
for a national park or tribal lands, the Administrator and the
Director shall -
(A) hold at least one public meeting with interested parties
to develop the air tour management plan;
(B) publish the proposed plan in the Federal Register for
notice and comment and make copies of the proposed plan
available to the public;
(C) comply with the regulations set forth in sections 1501.3
and 1501.5 through 1501.8 of title 40, Code of Federal
Regulations (for purposes of complying with the regulations,
the Federal Aviation Administration shall be the lead agency
and the National Park Service is a cooperating agency); and
(D) solicit the participation of any Indian tribe whose
tribal lands are, or may be, overflown by aircraft involved in
a commercial air tour operation over the park or tribal lands
to which the plan applies, as a cooperating agency under the
regulations referred to in subparagraph (C).
(5) Judicial review. - An air tour management plan developed
under this subsection shall be subject to judicial review.
(6) Amendments. - The Administrator, in cooperation with the
Director, may make amendments to an air tour management plan. Any
such amendments shall be published in the Federal Register for
notice and comment. A request for amendment of an air tour
management plan shall be made in such form and manner as the
Administrator may prescribe.
(c) Interim Operating Authority. -
(1) In general. - Upon application for operating authority, the
Administrator shall grant interim operating authority under this
subsection to a commercial air tour operator for commercial air
tour operations over a national park or tribal lands for which
the operator is an existing commercial air tour operator.
(2) Requirements and limitations. - Interim operating authority
granted under this subsection -
(A) shall provide annual authorization only for the greater
of -
(i) the number of flights used by the operator to provide
the commercial air tour operations within the 12-month period
prior to the date of the enactment of this section; or
(ii) the average number of flights per 12-month period used
by the operator to provide such operations within the
36-month period prior to such date of enactment, and, for
seasonal operations, the number of flights so used during the
season or seasons covered by that 12-month period;
(B) may not provide for an increase in the number of
commercial air tour operations conducted during any time period
by the commercial air tour operator above the number that the
air tour operator was originally granted unless such an
increase is agreed to by the Administrator and the Director;
(C) shall be published in the Federal Register to provide
notice and opportunity for comment;
(D) may be revoked by the Administrator for cause;
(E) shall terminate 180 days after the date on which an air
tour management plan is established for the park or tribal
lands;
(F) shall promote protection of national park resources,
visitor experiences, and tribal lands;
(G) shall promote safe commercial air tour operations;
(H) shall promote the adoption of quiet technology, as
appropriate; and
(I) shall allow for modifications of the interim operating
authority based on experience if the modification improves
protection of national park resources and values and of tribal
lands.
(3) New entrant air tour operators. -
(A) In general. - The Administrator, in cooperation with the
Director, may grant interim operating authority under this
paragraph to an air tour operator for a national park or tribal
lands for which that operator is a new entrant air tour
operator if the Administrator determines the authority is
necessary to ensure competition in the provision of commercial
air tour operations over the park or tribal lands.
(B) Safety limitation. - The Administrator may not grant
interim operating authority under subparagraph (A) if the
Administrator determines that it would create a safety problem
at the park or on the tribal lands, or the Director determines
that it would create a noise problem at the park or on the
tribal lands.
(C) ATMP limitation. - The Administrator may grant interim
operating authority under subparagraph (A) of this paragraph
only if the air tour management plan for the park or tribal
lands to which the application relates has not been developed
within 24 months after the date of the enactment of this
section.
(d) Exemptions. - This section shall not apply to -
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand Canyon National
Park.
(e) Lake Mead. - This section shall not apply to any air tour
operator while flying over or near the Lake Mead National
Recreation Area, solely as a transportation route, to conduct an
air tour over the Grand Canyon National Park.
(f) Definitions. - In this section, the following definitions
apply:
(1) Commercial air tour operator. - The term "commercial air
tour operator" means any person who conducts a commercial air
tour operation.
(2) Existing commercial air tour operator. - The term "existing
commercial air tour operator" means a commercial air tour
operator that was actively engaged in the business of providing
commercial air tour operations over a national park at any time
during the 12-month period ending on the date of the enactment of
this section.
(3) New entrant commercial air tour operator. - The term "new
entrant commercial air tour operator" means a commercial air tour
operator that -
(A) applies for operating authority as a commercial air tour
operator for a national park or tribal lands; and
(B) has not engaged in the business of providing commercial
air tour operations over the national park or tribal lands in
the 12-month period preceding the application.
(4) Commercial air tour operation. -
(A) In general. - The term "commercial air tour operation"
means any flight, conducted for compensation or hire in a
powered aircraft where a purpose of the flight is sightseeing
over a national park, within 1/2 mile outside the boundary of
any national park, or over tribal lands, during which the
aircraft flies -
(i) below a minimum altitude, determined by the
Administrator in cooperation with the Director, above ground
level (except solely for purposes of takeoff or landing, or
necessary for safe operation of an aircraft as determined
under the rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command to take action
to ensure the safe operation of the aircraft); or
(ii) less than 1 mile laterally from any geographic feature
within the park (unless more than 1/2 mile outside the
boundary).
(B) Factors to consider. - In making a determination of
whether a flight is a commercial air tour operation for
purposes of this section, the Administrator may consider -
(i) whether there was a holding out to the public of
willingness to conduct a sightseeing flight for compensation
or hire;
(ii) whether a narrative that referred to areas or points
of interest on the surface below the route of the flight was
provided by the person offering the flight;
(iii) the area of operation;
(iv) the frequency of flights conducted by the person
offering the flight;
(v) the route of flight;
(vi) the inclusion of sightseeing flights as part of any
travel arrangement package offered by the person offering the
flight;
(vii) whether the flight would have been canceled based on
poor visibility of the surface below the route of the flight;
and
(viii) any other factors that the Administrator and the
Director consider appropriate.
(5) National park. - The term "national park" means any unit of
the National Park System.
(6) Tribal lands. - The term "tribal lands" means Indian
country (as that term is defined in section 1151 of title 18)
that is within or abutting a national park.
(7) Administrator. - The term "Administrator" means the
Administrator of the Federal Aviation Administration.
(8) Director. - The term "Director" means the Director of the
National Park Service.
-SOURCE-
(Added Pub. L. 106-181, title VIII, Sec. 803(a), Apr. 5, 2000, 114
Stat. 186.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this section, referred to in
subsecs. (a)(4), (c)(2)(A), (3)(C), and (f)(2), 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.
NATIONAL PARKS AIR TOUR MANAGEMENT
Pub. L. 106-181, title VIII, Apr. 5, 2000, 114 Stat. 185, as
amended by Pub. L. 106-528, Sec. 8(b), Nov. 22, 2000, 114 Stat.
2522, provided that:
"SEC. 801. SHORT TITLE.
"This title may be cited as the 'National Parks Air Tour
Management Act of 2000'.
"SEC. 802. FINDINGS.
"Congress finds that -
"(1) the Federal Aviation Administration has sole authority to
control airspace over the United States;
"(2) the Federal Aviation Administration has the authority to
preserve, protect, and enhance the environment by minimizing,
mitigating, or preventing the adverse effects of aircraft
overflights on public and tribal lands;
"(3) the National Park Service has the responsibility of
conserving the scenery and natural and historic objects and
wildlife in national parks and of providing for the enjoyment of
the national parks in ways that leave the national parks
unimpaired for future generations;
"(4) the protection of tribal lands from aircraft overflights
is consistent with protecting the public health and welfare and
is essential to the maintenance of the natural and cultural
resources of Indian tribes;
"(5) the National Parks Overflights Working Group, composed of
general aviation, commercial air tour, environmental, and Native
American representatives, recommended that the Congress enact
legislation based on the Group's consensus work product; and
"(6) this title reflects the recommendations made by that
Group.
"SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
"(a) In General. - [Enacted this section.]
"(b) Conforming Amendment. - [Amended analysis for chapter 401 of
this title.]
"(c) Compliance With Other Regulations. - For purposes of section
40128 of title 49, United States Code -
"(1) regulations issued by the Secretary of Transportation and
the Administrator [of the Federal Aviation Administration] under
section 3 of Public Law 100-91 (16 U.S.C. 1a-1 note); and
"(2) commercial air tour operations carried out in compliance
with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40128.
"SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
"(a) Quiet Technology Requirements. - Within 12 months after the
date of the enactment of this Act [Apr. 5, 2000], the Administrator
shall designate reasonably achievable requirements for fixed-wing
and helicopter aircraft necessary for such aircraft to be
considered as employing quiet aircraft technology for purposes of
this section. If the Administrator determines that the
Administrator will not be able to make such designation before the
last day of such 12-month period, the Administrator shall transmit
to Congress a report on the reasons for not meeting such time
period and the expected date of such designation.
"(b) Routes or Corridors. - In consultation with the Director and
the advisory group established under section 805, the Administrator
shall establish, by rule, routes or corridors for commercial air
tour operations (as defined in section 40128(f) of title 49, United
States Code) by fixed-wing and helicopter aircraft that employ
quiet aircraft technology for -
"(1) tours of the Grand Canyon originating in Clark County,
Nevada; and
"(2) 'local loop' tours originating at the Grand Canyon
National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas that
will not negatively impact the substantial restoration of natural
quiet, tribal lands, or safety.
"(c) Operational Caps. - Commercial air tour operations by any
fixed-wing or helicopter aircraft that employs quiet aircraft
technology and that replaces an existing aircraft shall not be
subject to the operational flight allocations that apply to other
commercial air tour operations of the Grand Canyon, provided that
the cumulative impact of such operations does not increase noise at
the Grand Canyon.
"(d) Modification of Existing Aircraft To Meet Standards. - A
commercial air tour operation by a fixed-wing or helicopter
aircraft in a commercial air tour operator's fleet on the date of
the enactment of this Act [Apr. 5, 2000] that meets the
requirements designated under subsection (a), or is subsequently
modified to meet the requirements designated under subsection (a),
may be used for commercial air tour operations under the same terms
and conditions as a replacement aircraft under subsection (c)
without regard to whether it replaces an existing aircraft.
"(e) Mandate To Restore Natural Quiet. - Nothing in this Act
[should be "this title"] shall be construed to relieve or diminish
-
"(1) the statutory mandate imposed upon the Secretary of the
Interior and the Administrator of the Federal Aviation
Administration under Public Law 100-91 (16 U.S.C. 1a-1 note) to
achieve the substantial restoration of the natural quiet and
experience at the Grand Canyon National Park; and
"(2) the obligations of the Secretary and the Administrator to
promulgate forthwith regulations to achieve the substantial
restoration of the natural quiet and experience at the Grand
Canyon National Park.
"SEC. 805. ADVISORY GROUP.
"(a) Establishment. - Not later than 1 year after the date of the
enactment of this Act [Apr. 5, 2000], the Administrator [of the
Federal Aviation Administration] and the Director of the National
Park Service shall jointly establish an advisory group to provide
continuing advice and counsel with respect to commercial air tour
operations over and near national parks.
"(b) Membership. -
"(1) In general. - The advisory group shall be composed of -
"(A) a balanced group of -
"(i) representatives of general aviation;
"(ii) representatives of commercial air tour operators;
"(iii) representatives of environmental concerns; and
"(iv) representatives of Indian tribes;
"(B) a representative of the Federal Aviation Administration;
and
"(C) a representative of the National Park Service.
"(2) Ex officio members. - The Administrator (or the designee
of the Administrator) and the Director (or the designee of the
Director) shall serve as ex officio members.
"(3) Chairperson. - The representative of the Federal Aviation
Administration and the representative of the National Park
Service shall serve alternating 1-year terms as chairman of the
advisory group, with the representative of the Federal Aviation
Administration serving initially until the end of the calendar
year following the year in which the advisory group is first
appointed.
"(c) Duties. - The advisory group shall provide advice,
information, and recommendations to the Administrator and the
Director -
"(1) on the implementation of this title and the amendments
made by this title;
"(2) on commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal
lands, which will receive preferential treatment in a given air
tour management plan;
"(3) on other measures that might be taken to accommodate the
interests of visitors to national parks; and
"(4) at the request of the Administrator and the Director,
safety, environmental, and other issues related to commercial air
tour operations over a national park or tribal lands.
"(d) Compensation; Support; FACA. -
"(1) Compensation and travel. - Members of the advisory group
who are not officers or employees of the United States, while
attending conferences or meetings of the group or otherwise
engaged in its business, or while serving away from their homes
or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
"(2) Administrative support. - The Federal Aviation
Administration and the National Park Service shall jointly
furnish to the advisory group clerical and other assistance.
"(3) Nonapplication of faca. - Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
advisory group.
"SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE
ROCKY MOUNTAIN NATIONAL PARK.
"Effective beginning on the date of the enactment of this Act
[Apr. 5, 2000], no commercial air tour operation may be conducted
in the airspace over the Rocky Mountain National Park
notwithstanding any other provision of this Act or section 40128 of
title 49, United States Code.
"SEC. 807. REPORTS.
"(a) Overflight Fee Report. - Not later than 180 days after the
date of the enactment of this Act [Apr. 5, 2000], the Administrator
[of the Federal Aviation Administration] shall transmit to Congress
a report on the effects overflight fees are likely to have on the
commercial air tour operation industry. The report shall include,
but shall not be limited to -
"(1) the viability of a tax credit for the commercial air tour
operators equal to the amount of any overflight fees charged by
the National Park Service; and
"(2) the financial effects proposed offsets are likely to have
on Federal Aviation Administration budgets and appropriations.
"(b) Quiet Aircraft Technology Report. - Not later than 2 years
after the date of the enactment of this Act, the Administrator and
the Director of the National Park Service shall jointly transmit a
report to Congress on the effectiveness of this title in providing
incentives for the development and use of quiet aircraft
technology.
"SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
"Any methodology adopted by a Federal agency to assess air tour
noise in any unit of the national park system (including the Grand
Canyon and Alaska) shall be based on reasonable scientific methods.
"SEC. 809. ALASKA EXEMPTION.
"The provisions of this title and section 40128 of title 49,
United States Code, as added by section 803(a), do not apply to any
land or waters located in Alaska."
-End-
-CITE-
49 USC subpart ii - economic regulation 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart ii - economic regulation
-HEAD-
SUBPART II - ECONOMIC REGULATION
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 40101, 40102, 40109,
40114, 44712 of this title; title 2 section 451.
-End-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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