CHAPTER 401 - GENERAL PROVISIONS

Title 49 > CHAPTER 401

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§ 40101 Policy

(a) Economic Regulation.— In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: assigning and maintaining safety as the highest priority in air commerce. before authorizing new air transportation services, evaluating the safety implications of those services. 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. the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. placing maximum reliance on competitive market forces and on actual and potential competition— to provide the needed air transportation system; and 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. 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— the commerce of the United States; the United States Postal Service; and the national defense. 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— encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services. preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation. 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. 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. encouraging, developing, and maintaining an air transportation system relying on actual and potential competition— to provide efficiency, innovation, and low prices; and to decide on the variety and quality of, and determine prices for, air transportation services. 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. promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry. 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. 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: encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to— the present and future needs of shippers; the commerce of the United States; and the national defense. encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided. 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: the requirements of national defense and commercial and general aviation. 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: assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce. regulating air commerce in a way that best promotes safety and fulfills national defense requirements. encouraging and developing civil aeronautics, including new aviation technology. 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. consolidating research and development for air navigation facilities and the installation and operation of those facilities. developing and operating a common system of air traffic control and navigation for military and civil aircraft. 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: 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. freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand. the fewest possible restrictions on charter air transportation. 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. eliminating operational and marketing restrictions to the greatest extent possible. integrating domestic and international air transportation. increasing the number of nonstop United States gateway cities. 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. eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including— excessive landing and user fees; unreasonable ground handling requirements; unreasonable restrictions on operations; prohibitions against change of gauge; and similar restrictive practices. 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.

“SEC. 951 DEFINITIONS.

“In this subtitle: The terms ‘advanced air mobility’ and ‘AAM’ mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft. The term ‘powered-lift aircraft’ has the meaning given the term ‘powered-lift’ in section 1.1 of title 14, Code of Federal Regulations. The term ‘regional air mobility’ means the movement of passengers or property by air between 2 points using an airworthy aircraft that— has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; has a maximum takeoff weight of greater than 1,320 pounds; and is not urban air mobility. The term ‘urban air mobility’ means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that— has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and has a maximum takeoff weight of greater than 1,320 pounds. The term ‘vertiport’ means an area of land, water, or a structure used or intended to be used to support the landing, takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards established by the Administrator [of the Federal Aviation Administration] can accommodate.

“SEC. 952 SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED AIR MOBILITY.

“It is the sense of Congress that— the United States should take actions to become a global leader in advanced air mobility; as such a global leader, the FAA [Federal Aviation Administration] should— prioritize work on the type certification of powered-lift aircraft; publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120-AL72); work with global partners to promote acceptance of advanced air mobility products; and leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system.

“SEC. 953 APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.

“In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), the Administrator shall— apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.

“SEC. 954 ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS.

“SEC. 955 RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.

(“(a) SFAR Rulemaking.— Not later than 7 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo. With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph (1) shall— provide a practical pathway for pilot qualification and operations; establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft; provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. In developing the regulations required under paragraph (1), the Administrator shall— consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft; consult with the Secretary of Defense with regard to— the Agility Prime program of the United States Air Force; powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019.

(“(b) Interim Application of Rules and Privileges in Lieu of Rulemaking.— Beginning 16 months after the date of enactment of this Act, if a final rule has not been published pursuant to subsection (a)— the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be— deemed to apply to— the operation of a powered-lift aircraft in the national airspace system; and the operator of such a powered-lift aircraft; and applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft. This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a).

(“(c) Powered-lift Aircraft Aviation Rulemaking Committee.— Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the— performance-based certification of powered-lift aircraft; certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and operation of powered-lift aircraft in commercial service and air transportation. In providing findings and recommendations under paragraph (1), the Committee shall consider the following: Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations. Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft. To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019, as appropriate. Practical pathways for pilot qualification and operations. Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft. A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft. The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.

(“(d) Powered-lift Aircraft Rulemaking.— Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator. In developing the rulemaking under paragraph (1), the Administrator shall— consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft; consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations; consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72); consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft; work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956.

“SEC. 956 ADVANCED PROPULSION SYSTEMS REGULATIONS.

(“(a) In General.— Not later than 3 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for regulations related to the certification and installation of— electric engines and propellers; hybrid electric engines and propulsion systems; hydrogen fuel cells; hydrogen combustion engines or propulsion systems; and other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator.

(“(b) Considerations.— In carrying out subsection (a), the Committee shall consider, at a minimum, the following: Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations. Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft. The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.

(“(c) Report.— Not later than 1 year after providing findings and recommendations under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report containing such findings and recommendations.

(“(d) Briefing.— Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding plans of the FAA in response to the findings and recommendations contained in the report.

“SEC. 957 POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.

(“(a) In General.— The Administrator shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5 , United States Code, and any relevant stakeholder as determined appropriate by the Administrator, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance.

(“(b) Air Traffic Policies for Entry Into Service.— Not later than 40 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for— the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate.

(“(c) Long-term Air Traffic Policies.— Beginning 40 months after the date of enactment of this Act, the Administrator shall— continue to update air traffic orders and policies to support the operation of powered-lift aircraft; to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports; evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers.

“SEC. 958 INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.

(“(a) Update to Design Standards.— The Administrator shall— not later than December 31, 2024 , publish an update to the memorandum of the FAA titled ‘Engineering Brief No. 105, Vertiport Design’, issued on September 21, 2022 (EB No. 105); not later than December 31, 2025 , publish a performance-based vertiport design advisory circular; and begin the work necessary to update the advisory circular of the FAA titled ‘Heliport Design’ (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms.

(“(b) Engineering Brief Sunset.— Upon the publication of an advisory circular pursuant to subsection (a)(2), the Administrator shall cancel the memorandum described in subsection (a)(1).

(“(c) Dual Use Facilities.— The Administrator shall establish a mechanism by which owners and operators of aviation infrastructure can safely accommodate, or file a notice to accommodate, powered-lift aircraft if such infrastructure meets the safety requirements or guidance of the FAA for such aircraft.

(“(d) Guidance, Forms, and Planning.— The Administrator shall— not later than 18 months after the date of enactment of this Act [ May 16, 2024 ], ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely; determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type.

“SEC. 959 CHARTING OF AVIATION INFRASTRUCTURE.

“The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current.

“SEC. 960 ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION.

“SEC. 961 CENTER FOR ADVANCED AVIATION TECHNOLOGIES.

(“(a) Plan.— Not later than 90 days after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies.

(“(b) Consultation.— In developing the plan under subsection (a), the Administrator may consult with the Advanced Air Mobility Working Group established in the Advanced Air Mobility Coordination and Leadership Act ( Public Law 117–203 ) [set out below], as amended by this Act, and the interagency working group established in section 1042 of this Act [set out in a note below].

(“(c) Considerations.— In developing the plan under subsection (a), the Administrator shall consider as roles and responsibilities for the Center for Advanced Aviation Technologies— developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift; establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies; developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships; identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and any other duties, as determined appropriate by the Administrator.

(“(d) Submission to Congress.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a).

(“(e) Center.— Not later than September 30, 2026 , the Administrator shall establish the Center for Advanced Aviation Technologies in accordance with the plan developed under subsection (a). In choosing the location for the Center for Advanced Aviation Technologies, the Administrator shall give preference to a community or region with a strong aeronautical presence, specifically the presence of— a large commercial airport or large air logistics center; aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift; existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters; airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases; proximity to both rural and urban communities; State, local, or Tribal governments; programs to support public-private partnerships for advanced aviation technologies; and academic institutions that offer programs relating to advanced aviation technologies engineering.

(“(f) Authorization.— Out of amounts made available under section 106(k) of title 49 , United States Code, $35,000,000 for each of fiscal years 2025 through 2028 is authorized to carry out this section.

(“(g) Interaction With Other Entities.— The Administrator, in carrying out this section, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and, as appropriate, the unmanned aircraft test ranges established in section 44803 of title 49 , United States Code.

(“(h) Savings Clauses.— Nothing in this section shall be construed to interfere with any of the following activities: The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49 , United States Code, to the maximum extent practicable. The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable. The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable. The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable.”

“SEC. 1041 DEFINITIONS.

“In this subtitle: The term ‘advanced air mobility’ means a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft. The term ‘interagency working group’ means the advanced air mobility and unmanned aircraft systems interagency working group of the National Science and Technology Council established under section 1042. The term ‘labor organization’ has the meaning given the term in section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ), except that such term shall also include— any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; individuals employed by persons subject to the Railway Labor Act ( 45 U.S.C. 151 et seq.); or individuals employed as agricultural laborers. The term ‘National Laboratory’ has the meaning given such term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). The term ‘technical standard’ has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104–113 ] ( 15 U.S.C. 272 note). The term ‘unmanned aircraft system’ has the meaning given such term in section 44801 of title 49 , United States Code.

“SEC. 1042 INTERAGENCY WORKING GROUP.

(“(a) Designation.— The National Science and Technology Council shall establish or designate an interagency working group on advanced air mobility and unmanned aircraft systems to coordinate Federal research, development, deployment, testing, and education activities to enable advanced air mobility and unmanned aircraft systems. The interagency working group shall be comprised of senior representatives from NASA [National Aeronautics and Space Administration], the Department of Transportation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Institute of Standards and Technology, Department of Homeland Security, and such other Federal agencies as appropriate.

(“(b) Duties.— The interagency working group shall— develop a strategic research plan to guide Federal research to enable advanced air mobility and unmanned aircraft systems and oversee implementation of the plan; oversee the development of— an assessment of the current state of United States competitiveness and leadership in advanced air mobility and unmanned aircraft systems, including the scope and scale of United States investments in relevant research and development; and strategies to strengthen and secure the domestic supply chain for advanced air mobility systems and unmanned aircraft systems; facilitate communication and outreach opportunities with academia, industry, professional societies, State, local, Tribal, and Federal governments, and other stakeholders; facilitate partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, National Laboratories, unmanned aircraft systems test range (as defined in section 44801 of title 49 , United States Code), academic institutions, and others; coordinate with the advanced air mobility working group established under section 2 of the Advanced Air Mobility Coordination and Leadership Act ( Public Law 117–203 ) [set out below] and heads of other Federal departments and agencies to avoid duplication of research and other activities to ensure that the activities carried out by the interagency working group are complementary to those being undertaken by other interagency efforts; and coordinate with the National Security Council and other authorized agency coordinating bodies on the assessment of risks affecting the existing Federal unmanned aircraft systems fleet and outlining potential steps to mitigate such risks.

(“(c) Report to Congress.— Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], and every 2 years thereafter until December 31, 2028 , the interagency working group shall transmit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report that includes a summary of federally funded advanced air mobility and unmanned aircraft systems research, development, deployment, and testing activities, including the budget for each of the activities described in this paragraph.

(“(d) Rule of Construction.— The interagency working group shall not be construed to conflict with or duplicate the work of the interagency working group established under the advanced air mobility working group established by the Advanced Air Mobility Coordination and Leadership Act ( Public Law 117–203 ).

“SEC. 1043 STRATEGIC RESEARCH PLAN.

(“(a) In General.— Not later than 2 years after the date of enactment of this Act [ May 16, 2024 ], the interagency working group shall develop and periodically update, as appropriate, a strategic plan for Federal research, development, deployment, and testing of advanced air mobility systems and unmanned aircraft systems.

(“(b) Considerations.— In developing the plan required under subsection (a), the interagency working group shall consider and use— information, reports, and studies on advanced air mobility and unmanned aircraft systems that have identified research, development, deployment, and testing needed; information set forth in the national aviation research plan developed under section 44501(c) of title 49 , United States Code; and recommendations made by the National Academies in the review of the plan under subsection (d).

(“(c) Contents of the Plan.— In developing the plan required under subsection (a), the interagency working group shall— determine and prioritize areas of advanced air mobility and unmanned aircraft systems research, development, demonstration, and testing requiring Federal Government leadership and investment; establish, for the 10-year period beginning in the calendar year the plan is submitted, the goals and priorities for Federal research, development, and testing which will— support the development of advanced air mobility technologies and the development of an advanced air mobility research, innovation, and manufacturing ecosystem; take into account sustained, consistent, and coordinated support for advanced air mobility and unmanned aircraft systems research, development, and demonstration, including through grants, cooperative agreements, testbeds, and testing facilities; apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems; inform the development of voluntary consensus technical standards and best practices for the development and use of advanced air mobility and unmanned aircraft systems; support education and training activities at all levels to prepare the United States workforce to use and interact with advanced air mobility systems and unmanned aircraft systems; support partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, the National Laboratories, Center of Excellence for Unmanned Aircraft Systems Research of the FAA [Federal Aviation Administration], unmanned aircraft systems test ranges (as defined in section 44801 of title 49 , United States Code), academic institutions, labor organizations, and others to advance research activities; leverage existing Federal investments; and promote hardware interoperability and open-source systems; support research and other activities on the impacts of advanced air mobility and unmanned aircraft systems on national security, safety, economic, legal, workforce, and other appropriate societal issues; reduce barriers to transferring research findings, capabilities, and new technologies related to advanced air mobility and unmanned aircraft systems into operation for the benefit of society and United States competitiveness; in consultation with the Council of Economic Advisers, measure and track the contributions of unmanned aircraft systems and advanced air mobility to United States economic growth and other societal indicators; and identify relevant research and development programs and make recommendations for the coordination of relevant activities of the Federal agencies and set forth the role of each Federal agency in implementing the plan.

(“(d) National Academies of Sciences, Engineering, and Medicine Evaluation.— The Administrator [of the Federal Aviation Administration] shall seek to enter into an agreement with the National Academies to review the plan every 5 years.

(“(e) Public Participation.— In developing the plan under subsection (a), the interagency working group shall consult with representatives of stakeholder groups, which may include academia, research institutions, and State, industry, and labor organizations. Not later than 90 days before the plan, or any revision thereof, is submitted to Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days.

(“(f) Reports to Congress on the Strategic Research Plan.— Not later than 1 year after the date of enactment of this Act, the interagency working group described in section 1042 of this Act shall transmit to the covered committees of Congress a report that describes the progress in developing the plan required under this section. Not later than 2 years after the date of enactment of this Act, the interagency working group shall transmit to the covered committees of Congress the strategic research plan developed under this section. Not later than 1 year after the transmission of the initial report under paragraph (2) and every 2 years thereafter until December 31, 2033 , the interagency working group shall transmit to the covered committees of Congress a report that includes an analysis of the progress made towards achieving the goals and priorities for the strategic research plan.

“SEC. 1044 FEDERAL AVIATION ADMINISTRATION UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY RESEARCH AND DEVELOPMENT.

(“(a) In General.— Consistent with the research plan in section 1043, the Administrator, in coordination with the Administrator of NASA and other Federal agencies, shall carry out and support research, development, testing, and demonstration activities and technology transfer, and activities to facilitate the transition of such technologies into application to enable advanced air mobility and unmanned aircraft systems and to facilitate the safe integration of advanced air mobility and unmanned aircraft systems into the national airspace system, in areas including— beyond visual-line-of-sight operations; command and control link technologies; development and integration of unmanned aircraft system traffic management into the national airspace system; noise and other societal and environmental impacts; informing the development of an industry consensus vehicle-to-vehicle standard; safety, including collisions between advanced air mobility and unmanned aircraft systems of various sizes, traveling at various speeds, and various other crewed aircraft or various parts of other crewed aircraft of various sizes and traveling at various speeds; and detect-and-avoid capabilities.

(“(b) Duplicative Research and Development Activities.— The Administrator shall ensure that research and development and other activities conducted under this section do not duplicate other Federal activities related to the integration of unmanned aviation systems or advanced air mobility.

(“(c) Lessons Learned.— The Administrator shall apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems.

(“(d) Research on Approaches to Evaluating Risk.— The Administrator shall conduct research on approaches to evaluating risk in emerging vehicles, technologies, and operations for unmanned aircraft systems and advanced air mobility systems. Such research shall include— defining quantitative metrics, including metrics that may support the Administrator in making determinations, and research to inform the development of requirements, as practicable, for the operations of certain unmanned aircraft systems, as described under section 44807 of title 49 , United States Code; developing risk-based processes and criteria to inform the development of regulations and certification of complex operations, to include autonomous beyond-visual-line-of-sight operations, of unmanned aircraft systems of various sizes and weights, and advanced air mobility systems; and considering the utility of performance standards to make determinations under section 44807 of title 49 , United States Code.

(“(e) Report.— Not later than 9 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall submit to the covered committees of Congress a report on the actions taken by the Administrator to implement provisions under this section that includes— a summary of the costs and results of research under subsection (a)(6); a description of plans for and progress toward the implementation of research and development under subsection (d); a description of the progress of the FAA in using research and development to inform FAA certification guidance and regulations of— large unmanned aircraft systems, including those weighing more than 55 pounds; and extended autonomous and remotely piloted operations beyond visual line of sight in controlled and uncontrolled airspace; and a current plan for full operational capability of unmanned aircraft systems traffic management, as described in section 376 the FAA Reauthorization Act of 2018 [ Pub. L. 115–254 ] ( 49 U.S.C. 44802 note).

(“(f) Parallel Efforts.— Research and development activities under this section may be conducted concurrently with the deployment of technologies outlined in (a) and in carrying out the [sic] this title and title IX [of Pub. L. 118–63 ; see Tables for classification]. Nothing in this section shall be construed to delay appropriate actions to deploy the technologies outlined in subsection (a), including the deployment of beyond visual-line-of-sight operations of unmanned aircraft systems, or delay the Administrator in carrying out this title and title IX, or limit FAA use of existing risk methodologies to make determinations pursuant to section 44807 of title 49 , United States Code, prior to completion of relevant research and development activities. The Administrator shall, to the maximum extent practicable, use the results of research and development activities conducted under this section to inform decisions on whether and how to maintain or update existing regulations and practices, or whether to establish new practices or regulations.

“SEC. 1045 PARTNERSHIPS FOR RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TESTING.

(“(a) Study.— The Administrator shall seek to enter into an arrangement with the National Academy of Public Administration to examine research, development, demonstration, and testing partnerships of the FAA to advance unmanned aircraft systems and advanced air mobility and to facilitate the safe integration of unmanned aircraft systems into the national airspace system.

(“(b) Considerations.— The Administrator shall ensure that the entity carrying out the study in subsection (a) shall— identify existing FAA partnerships with external entities, including academia and Centers of Excellence, industry, and nonprofit organizations, and the types of such partnership arrangements; examine the partnerships in paragraph (1), including the scope and areas of research, development, demonstration, and testing carried out, and associated arrangements for performing research and development activities; review the extent to which the FAA uses the results and outcomes of each partnership to advance the research and development in unmanned aircraft systems; identify additional research and development areas, if any, that may benefit from partnership arrangements, and whether such research and development would require new partnerships; identify any duplication of ongoing or planned research, development, demonstration, or testing activities; identify effective and appropriate means for publication and dissemination of the results and sharing with the public, commercial, and research communities related data from such research, development, demonstration, and testing conducted under such partnerships; identify effective mechanisms, either new or already existing, to facilitate coordination, evaluation, and information-sharing among and between such partnerships; identify effective and appropriate means for facilitating technology transfer activities within such partnerships; identify the extent to which such partnerships broaden participation from groups historically underrepresented in science, technology, engineering, and mathematics, including computer science and cybersecurity, and include participation by industry, workforce, and labor organizations; and review options for funding models best suited for such partnerships, which may include cost-sharing and public-private partnership models with industry.

(“(c) Transmittal.— Not later than 12 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall transmit to the covered committees of Congress the study described in subsection (a).”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘European Union Emissions Trading Scheme Prohibition Act of 2011’.

“SEC. 2 PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS TRADING SCHEME.

(“(a) In General.— The Secretary of Transportation shall prohibit an operator of a civil aircraft of the United States from participating in the emissions trading scheme unilaterally established by the European Union in EU Directive 2003/87/EC of October 13, 2003 , as amended, in any case in which the Secretary determines the prohibition to be, and in a manner that is, in the public interest, taking into account— the impacts on U.S. consumers, U.S. carriers, and U.S. operators; the impacts on the economic, energy, and environmental security of the United States; and the impacts on U.S. foreign relations, including existing international commitments.

(“(b) Public Hearing.— After determining that a prohibition under this section may be in the public interest, the Secretary must hold a public hearing at least 30 days before imposing any prohibition.

(“(c) Reassessment of Determination of Public Interest.— The Secretary— may reassess a determination under subsection (a) that a prohibition under that subsection is in the public interest at any time after making such a determination; and shall reassess such a determination after— any amendment by the European Union to the EU Directive referred to in subsection (a); or the adoption of any international agreement pursuant to section 3(1). [sic] enactment of a public law or issuance of a final rule after formal agency rulemaking, in the United State[s] to address aircraft emissions.

“SEC. 3 NEGOTIATIONS.

(“(a) In General.— The Secretary of Transportation, the Administrator of the Federal Aviation Administration, and other appropriate officials of the United States Government— should, as appropriate, use their authority to conduct international negotiations, including using their authority to conduct international negotiations to pursue a worldwide approach to address aircraft emissions, including the environmental impact of aircraft emissions; and shall, as appropriate and except as provided in subsection (b), take other actions under existing authorities that are in the public interest necessary to hold operators of civil aircraft of the United States harmless from the emissions trading scheme referred to under section 2.

(“(b) Exclusion of Payment of Taxes and Penalties.— Actions taken under subsection (a)(2) may not include the obligation or expenditure of any amounts in the Airport and Airway Trust Fund established under section 9905 [9502] of the Internal Revenue Code of 1986 [ 26 U.S.C. 9502 ], or amounts otherwise made available to the Department of Transportation or any other Federal agency pursuant to appropriations Acts, for the payment of any tax or penalty imposed on an operator of civil aircraft of the United States pursuant to the emissions trading scheme referred to under section 2.

“SEC. 4 DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES.

“In this Act, the term ‘civil aircraft of the United States’ has the meaning given the term under section 40102(a) of title 49 , United States Code.”

“SEC. 201 DEFINITIONS.

“In this title [amending sections 106, 40102, 40110, and 40113 of this title, enacting provisions set out as notes under this section and sections 106 and 44506 of this title, and amending provisions set out as notes under this section], the following definitions apply: The term ‘NextGen’ means the Next Generation Air Transportation System. The term ‘ADS–B’ means automatic dependent surveillance-broadcast. The term ‘ADS–B Out’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft. The term ‘ADS–B In’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft as well as the ability of the aircraft to receive information from other transmitting aircraft and the ground infrastructure. The term ‘RNAV’ means area navigation. The term ‘RNP’ means required navigation performance.

“[SEC. 202

Repealed. Pub. L. 115–254, div. B, title V, § 503(e) , Oct. 5, 2018 , 132 Stat. 3353 .]

“SEC. 211 AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.

(“(a) Review by DOT Inspector General.— The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration’s award and oversight of any contracts entered into by the Administration to provide ADS–B services for the national airspace system. The review shall include, at a minimum— an examination of how the Administration manages program risks; an assessment of expected benefits attributable to the deployment of ADS–B services, including the Administration’s plans for implementation of advanced operational procedures and air-to-air applications, as well as the extent to which ground radar will be retained; an assessment of the Administration’s analysis of specific operational benefits, and benefit/costs analyses of planned operational benefits conducted by the Administration, for ADS–B In and ADS–B Out avionics equipage for airspace users; a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor; an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration’s program for providing ADS–B services; an assessment of how security issues are being addressed in the overall design and implementation of the ADS–B system; identification of any potential operational or workforce changes resulting from deployment of ADS–B; and any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention. The Inspector General shall submit, periodically (and on at least an annual basis), to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this subsection.

(“[(b) Repealed. Pub. L. 115–254, div. B, title V, § 522(a) , Oct. 5, 2018 , 132 Stat. 3363 .]

(“(c) Use of ADS–B Technology.— Not later than 18 months after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall develop, in consultation with appropriate employee and industry groups, a plan for the use of ADS–B technology for surveillance and active air traffic control. The plan shall— include provisions to test the use of ADS–B technology for surveillance and active air traffic control in specific regions of the United States with the most congested airspace; identify the equipment required at air traffic control facilities and the training required for air traffic controllers; identify procedures, to be developed in consultation with appropriate employee and industry groups, to conduct air traffic management in mixed equipage environments; and establish a policy in test regions referred to in subparagraph (A), in consultation with appropriate employee and industry groups, to provide incentives for equipage with ADS–B technology, including giving priority to aircraft equipped with such technology before the 2020 equipage deadline.

“SEC. 212 EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.

(“(a) Review.— The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the NextGen.

(“(b) Contents.— At a minimum, the review to be conducted under subsection (a) shall— highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration; assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and determine how risks with automation efforts for the NextGen can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems.

(“(c) Report.— Not later than 1 year after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the review conducted pursuant to subsection (a).

“SEC. 213 ACCELERATION OF NEXTGEN TECHNOLOGIES.

(“(a) Operational Evolution Partnership (OEP) Airport Procedures.— Not later than 6 months after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘qualified third parties’) that includes the following: The required navigation performance and area navigation operations, including the procedures to be developed, certified, and published and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at each of the 35 operational evolution partnership airports identified by the Administration and any medium or small hub airport located within the same metroplex area considered appropriate by the Administrator. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance and area navigation procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used. A description of the activities and operational changes and approvals required to coordinate and utilize the procedures at OEP airports. A plan for implementing the procedures for OEP airports under subparagraph (A) that establishes— clearly defined budget, schedule, project organization, and leadership requirements; specific implementation and transition steps; baseline and performance metrics for— measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance; expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics under clause (iii); coordination and communication mechanisms with qualified third parties, if applicable; plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; and a lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. A process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may provide operational benefits at OEP airports, and any medium or small hub airport located within the same metroplex area as the OEP airport, in the future. The Administrator shall certify, publish, and implement— not later than 18 months after the date of enactment of this Act [ Feb. 14, 2012 ], 30 percent of the required procedures at OEP airports; not later than 36 months after the date of enactment of this Act, 60 percent of the required procedures at OEP airports; and before June 30, 2015 , 100 percent of the required procedures at OEP airports.

(“(b) Non-OEP Airports.— Not later than 6 months after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘qualified third parties’) that includes the following: A list of required navigation performance procedures (as defined in FAA order 8260.52(d)) to be developed, certified, and published, and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at 35 non-OEP small, medium, and large hub airports other than those referred to in subsection (a)(1). The Administrator shall choose such non-OEP airports considered appropriate by the Administrator to produce maximum operational benefits, including improved fuel efficiency and emissions reductions that do not have public RNP procedures that produce such benefits on the date of enactment of this Act. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used. A description of the activities and operational changes and approvals required to coordinate and to utilize the procedures required by subparagraph (A) at each of the airports described in such subparagraph. A plan for implementation of the procedures required by subparagraph (A) that establishes— clearly defined budget, schedule, project organization, and leadership requirements; specific implementation and transition steps; coordination and communications mechanisms with qualified third parties; plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; baseline and performance metrics for— measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and achieving measurable fuel burn and carbon dioxide emissions reduction compared to current performance; expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics established under clause (v); a description of the software and database information, such as a current version of the Noise Integrated Routing System or the Integrated Noise Model that the Administration will need to make available to qualified third parties to enable those third parties to design procedures that will meet the broad range of requirements of the Administration; and lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. A process for the identification, certification, and publication of additional required navigation performance procedures that may provide operational benefits at non-OEP airports in the future. The Administrator shall certify, publish, and implement— not later than 18 months after the date of enactment of this Act [ Feb. 14, 2012 ], 25 percent of the required procedures for non-OEP airports; not later than 36 months after the date of enactment of this Act, 50 percent of the required procedures for non-OEP airports; and before June 30, 2016 , 100 percent of the required procedures for non-OEP airports.

(“(c) Coordinated and Expedited Review.— Navigation performance and area navigation procedures developed, certified, published, or implemented under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary circumstances exist with respect to the procedure. Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, shall be presumed to have no significant affect on the quality of the human environment and the Administrator shall issue and file a categorical exclusion for the new procedure. Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall— notify and consult with the operator of the airport at which the procedure would be implemented; and consider consultations or other engagement with the community in the [sic] which the airport is located to inform the public of the procedure. The Administrator shall review any decision of the Administrator made on or after February 14, 2012 , and before the date of the enactment of this paragraph [ Dec. 23, 2016 ] to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located. If, in conducting a review under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall— consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed. In this paragraph, the term ‘human environment’ has the meaning given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph).

(“(d) Deployment Plan for Nationwide Data Communications System.— Not later than 1 year after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include— clearly defined budget, schedule, project organization, and leadership requirements; specific implementation and transition steps; and baseline and performance metrics for measuring the Administration’s progress in implementing the plan.

(“(e) Improved Performance Standards.— The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine— whether utilization of ADS–B, RNP, and other technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; and the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation of such technologies. If the Administrator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards.

(“(f) Third-Party Usage.— The Administration shall establish a program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of flight procedures.

“SEC. 214 PERFORMANCE METRICS.

(“(a) In General.— Not later than 180 days after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with respect to— actual arrival and departure rates per hour measured against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports; average gate-to-gate times; fuel burned between key city pairs; operations using the advanced navigation procedures, including performance based navigation procedures; the average distance flown between key city pairs; the time between pushing back from the gate and taking off; continuous climb or descent; average gate arrival delay for all arrivals; flown versus filed flight times for key city pairs; implementation of NextGen Implementation Plan, or any successor document, capabilities designed to reduce emissions and fuel consumption; the Administration’s unit cost of providing air traffic control services; and runway safety, including runway incursions, operational errors, and loss of standard separation events.

(“(b) Baselines.— The Administrator, in consultation with aviation industry stakeholders, shall identify baselines for each of the metrics established under subsection (a) and appropriate methods to measure deviations from the baselines.

(“(c) Publication.— The Administrator shall make data obtained under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administration and other appropriate media.

(“(d) Report.— Not later than 180 days after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains— a description of the metrics that will be used to measure the Administration’s progress in implementing NextGen capabilities and operational results; information on any additional metrics developed; and a process for holding the Administration accountable for meeting or exceeding the metrics baselines identified in subsection (b).

“SEC. 215 CERTIFICATION STANDARDS AND RESOURCES.

(“(a) Process for Certification.— Not later than 180 days after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator of the Federal Aviation Administration shall develop a plan to accelerate and streamline the process for certification of NextGen technologies, including— establishment of updated project plans and timelines; identification of the specific activities needed to certify NextGen technologies, including the establishment of NextGen technical requirements for the manufacture of equipage, installation of equipage, airline operational procedures, pilot training standards, air traffic control procedures, and air traffic controller training; identification of staffing requirements for the Air Certification Service and the Flight Standards Service, taking into consideration the leveraging of assistance from third parties and designees; establishment of a program under which the Administration will use third parties in the certification process; and establishment of performance metrics to measure the Administration’s progress.

(“(b) Certification Integrity.— The Administrator shall ensure that equipment, systems, or services used in the national airspace system meet appropriate certification requirements regardless of whether the equipment, system, or service is publically or privately owned.

“SEC. 216 SURFACE SYSTEMS ACCELERATION.

(“(a) In General.— The Chief Operating Officer of the Air Traffic Organization shall— evaluate the Airport Surface Detection Equipment-Model X program for its potential contribution to implementation of the NextGen initiative; evaluate airport surveillance technologies and associated collaborative surface management software for potential contributions to implementation of NextGen surface management; accelerate implementation of the program referred to in paragraph (1); and carry out such additional duties as the Administrator of the Federal Aviation Administration may require.

(“(b) Expedited Certification and Utilization.— The Administrator shall— consider options for expediting the certification of Ground-Based Augmentation System technology; and develop a plan to utilize such a system at the 35 operational evolution partnership airports by December 31, 2012 .

“SEC. 217 INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.

(“(a) Process for Employee Inclusion.— Notwithstanding any other law or agreement, the Administrator of the Federal Aviation Administration shall establish a process or processes for including qualified employees selected by each exclusive collective bargaining representative of employees of the Administration impacted by the air traffic control modernization process to serve in a collaborative and expert capacity in the planning and development of air traffic control modernization projects, including NextGen.

(“(b) Adherence to Deadlines.— Participants in these processes shall adhere, to the greatest extent possible, to all deadlines and milestones established pursuant to this title.

(“(c) No Change in Employee Status.— Participation in these processes by an employee shall not— serve as a waiver of any bargaining obligations or rights; entitle the employee to any additional compensation or benefits with the exception of a per diem, if appropriate; or entitle the employee to prevent or unduly delay the exercise of management prerogatives.

(“(d) Working Groups.— Except in extraordinary circumstances, the Administrator shall not pay overtime related to work group participation.

(“(e) Report.— Not later than 1 year after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this section.

“SEC. 218 AIRSPACE REDESIGN.

(“(a) Findings.— Congress finds the following: The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users. The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009–2013 and the NextGen Implementation Plan. Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts. New runways planned for the period of fiscal years 2011 and 2012 will not provide estimated capacity benefits without additional funds.

(“(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.— The Administrator of the Federal Aviation Administration, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia International Airport, shall monitor the noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign. Not later than 1 year following the first day of completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to monitoring conducted under paragraph (1).

“SEC. 219 STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS.

(“(a) Study.— The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the height and latitudinal and longitudinal locations of guy-wire and free-standing tower obstructions.

(“(b) Considerations.— In conducting the study, the Administrator shall consult with affected industries and appropriate Federal agencies.

(“(c) Report.— Not later than 1 year after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall submit a report to the appropriate committees of Congress on the results of the study.

“SEC. 220 NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

(“(a) In General.— The Administrator of the Federal Aviation Administration may enter into an agreement, on a competitive basis, to assist in the establishment of a center of excellence for the research and development of NextGen technologies.

(“(b) Functions.— The Administrator shall ensure that the center established under subsection (a)— leverages resources and partnerships, including appropriate programs of the Administration, to enhance the research and development of NextGen technologies by academia and industry; and provides educational, technical, and analytical assistance to the Administration and other Federal departments and agencies with responsibilities to research and develop NextGen technologies.

“SEC. 221 PUBLIC-PRIVATE PARTNERSHIPS.

(“(a) In General.— The Secretary may establish an avionics equipage incentive program for the purpose of equipping general aviation and commercial aircraft with communications, surveillance, navigation, and other avionics equipment as determined by the Secretary to be in the interest of achieving NextGen capabilities for such aircraft.

(“(b) NextGen Public-Private Partnerships.— The incentive program established under subsection (a) shall, at a minimum— be based on public-private partnership principles; and leverage and maximize the use of private sector capital.

(“(c) Financial Instruments.— Subject to the availability of appropriated funds, the Secretary may use financial instruments to facilitate public-private financing for the equipage of general aviation and commercial aircraft registered under section 44103 of title 49 , United States Code. To the extent appropriations are not made available, the Secretary may establish the program, provided the costs are covered by the fees and premiums authorized by subsection (d)(2). For purposes of this section, the term ‘financial instruments’ means loan guarantees and other credit assistance designed to leverage and maximize private sector capital.

(“(d) Protection of the Taxpayer.— The amount of any guarantee under this program shall be limited to 90 percent of the principal amount of the underlying loan. The Secretary shall require applicants for the incentive program to post collateral and pay such fees and premiums if feasible, as determined by the Secretary, to offset costs to the Government of potential defaults, and agree to performance measures that the Secretary considers necessary and in the best interest of implementing the NextGen program. Applications for this program shall be limited to equipment that is installed on general aviation or commercial aircraft and is necessary for communications, surveillance, navigation, or other purposes determined by the Secretary to be in the interests of achieving NextGen capabilities for commercial and general aviation.

(“(e) Termination of Authority.— The authority of the Secretary to issue such financial instruments under this section shall terminate 5 years after the date of the establishment of the incentive program.

“SEC. 222 OPERATIONAL INCENTIVES.

(“(a) In General.— The Administrator of the Federal Aviation Administration shall issue a report that— identifies incentive options to encourage the equipage of aircraft with NextGen technologies, including a policy that gives priority to aircraft equipped with ADS–B technology; identifies the costs and benefits of each option; and includes input from industry stakeholders, including passenger and cargo air carriers, aerospace manufacturers, and general aviation aircraft operators.

(“(b) Deadline.— The Administrator shall issue the report before the earlier of— the date that is 6 months after the date of enactment of this Act [ Feb. 14, 2012 ]; or the date on which aircraft are required to be equipped with ADS–B technology pursuant to the rulemaking under [former] section 211(b).”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Air Transportation Safety and System Stabilization Act’.

“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 : Repealed. Pub. L. 110–161, div. D, title I , Dec. 26, 2007 , 121 Stat. 1974 .] Compensate air carriers in an aggregate amount equal to $5,000,000,000 for— 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 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

Repealed. Pub. L. 110–161, div. D, title I , Dec. 26, 2007 , 121 Stat. 1974 .]

“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— the amount of such air carrier’s direct and incremental losses described in section 101(a)(2); or in the case of— flights involving passenger-only or combined passenger and cargo transportation, the product of— $4,500,000,000;andtheratioof—theavailableseatmilesoftheaircarrierforthemonthofAugust2001asreportedtotheSecretary;tothetotalavailableseatmilesofallsuchaircarriersforsuchmonthasreportedtotheSecretary;andflightsinvolvingcargo-onlytransportation,theproductof—$500,000,000; and the ratio of— 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 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.— 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. 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

Repealed. Pub. L. 110–161, div. D, title I , Dec. 26, 2007 , 121 Stat. 1974 .]

“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.— 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 . 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: The term ‘air carrier’ has the meaning such term has under section 40102 of title 49 , United States Code. Repealed. Pub. L. 110–161, div. D, title I , Dec. 26, 2007 , 121 Stat. 1974 .] 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.

“SEC. 201 DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS.

(“(a) In General.—

(“(b) Coverage.—

(“(c) Reinsurance.—

(“(d) Premiums.—

(“(e) Conforming Amendment.—

“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.

“SEC. 301 EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS; TREATMENT OF LOSS COMPENSATION.

(“(a) Extension of Due Date for Excise Tax Deposits.— 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— ‘ January 15, 2002 ’; or such earlier date after November 15, 2001 , as such Secretary may prescribe. 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. 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.

“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: 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. The term ‘air transportation’ means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. 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. The term ‘airport sponsor’ means the owner or operator of an airport (as defined in section 40102 of title 49 , United States Code). The term ‘claimant’ means an individual filing a claim for compensation under section 405(a)(1). 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 , or debris removal, including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act [probably means section 3301 of the Public Health Service Act, 42 U.S.C. 300mm ], and payments made pursuant to the settlement of a civil action described in section 405(c)(3)(C)(iii). The term ‘contractor and subcontractor’ means any contractor or subcontractor (at any tier of a subcontracting relationship), including any general contractor, construction manager, prime contractor, consultant, or any parent, subsidiary, associated or allied company, affiliated company, corporation, firm, organization, or joint venture thereof that participated in debris removal at any 9/11 crash site. Such term shall not include any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center, on September 11, 2001 , whether fee simple, leasehold or easement, direct or indirect. The term ‘debris removal’ means rescue and recovery efforts, removal of debris, cleanup, remediation, and response during the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001 , with respect to a 9/11 crash site. The term ‘economic loss’ means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, replacement services loss, loss due to death, burial costs, loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss) to the extent recovery for such loss is allowed under applicable State law. The term ‘eligible individual’ means an individual determined to be eligible for compensation under section 405(c). The term ‘immediate aftermath’ means any period beginning with the terrorist-related aircraft crashes of September 11, 2001 , and ending on May 30, 2002 . 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. The term ‘Special Master’ means the Special Master appointed under section 404(a). The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act ( 42 U.S.C. 300mm–5 ). The term ‘WTC-related physical health condition’— means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act ( 42 U.S.C. 300mm–22(a) ), including the conditions listed in section 3322(b) of such Act ( 42 U.S.C. 300mm–32(b) ); and does not include— a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act ( 42 U.S.C. 300mm–22(a) ); any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act ( 42 U.S.C. 300mm–22(b)(2)(B)(iii) ) (including such certification as applied under section 3322(a) of such Act ( 42 U.S.C. 300mm–32(a) ); a mental health condition described in section 3322(b)(2) of such Act ( 42 U.S.C. 300mm–32(b)(2) ); or any other mental health condition. The term ‘9/11 crash site’ means— the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site; the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001 ; the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River; any area related to, or along, routes of debris removal, such as barges and Fresh Kills.

“SEC. 403 PURPOSE.

“It is the purpose of this title to provide full 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 , or the rescue and recovery efforts during the immediate aftermath of such crashes.

“SEC. 404 ADMINISTRATION.

(“(a) In General.— The Attorney General, acting through a Special Master appointed by the Attorney General, shall— administer the compensation program established under this title; promulgate all procedural and substantive rules for the administration of this title; and employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this title.

(“(b) Appointment of Special Master and Deputy Special Masters.— The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master and the Deputy Special Masters.

(“(c) 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.— 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. 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. The form developed under subparagraph (A) shall request— 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 , or debris removal during the immediate aftermath; information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such crashes or debris removal during the immediate aftermath; and information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes or debris removal during the immediate aftermath. Except as provided by subparagraph (B), 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(a). A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on the date on which the regulations are updated under section 407(b)(1) and ending on October 1, 2090 . For claims filed under this title during the period described in subparagraph (B), the Special Master shall establish a system for determining whether, for purposes of this title, the claim is— a claim in Group A, as described in clause (ii); or a claim in Group B, as described in clause (iii). A claim under this title is a claim in Group A if— the claim is filed under this title during the period described in subparagraph (B); and on or before the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master postmarks and transmits a final award determination to the claimant filing such claim. A claim under this title is a claim in Group B if the claim— is filed under this title during the period described in subparagraph (B); and is not a claim described in clause (ii). For purposes of this subparagraph, the term ‘final award determination’ means a letter from the Special Master indicating the total amount of compensation to which a claimant is entitled for a claim under this title without regard to the limitation under the second sentence of section 406(d)(1), as such section was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.

(“(b) Review and Determination.— The Special Master shall review a claim submitted under subsection (a) and determine— whether the claimant is an eligible individual under subsection (c); with respect to a claimant determined to be an eligible individual— the extent of the harm to the claimant, including any economic and noneconomic losses; and subject to paragraph (7), 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. With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. 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. A claimant in a review under paragraph (1) shall have— the right to be represented by an attorney; the right to present evidence, including the presentation of witnesses and documents; and any other due process rights determined appropriate by the Special Master. The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this title. 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 . Notwithstanding any other provision of this title, in the case of a claim in Group B as described in subsection (a)(3)(C)(iii), a claimant filing such claim shall receive an amount of compensation under this title for such claim that is not greater than the amount determined under paragraph (1)(B)(ii) less the amount of any collateral source compensation that such claimant has received or is entitled to receive for such claim as a result of the terrorist-related aircraft crashes of September 11, 2001 . Except as provided in clause (ii), with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the total amount of compensation to which a claimant filing such claim is entitled to receive for such claim under this title on account of any noneconomic loss— that results from any type of cancer shall not exceed $250,000;andthatdoesnotresultfromanytypeofcancershallnotexceed$90,000. The Special Master may exceed the applicable limitation in clause (i) for a claim in Group B as described in subsection (a)(3)(C)(iii) if the Special Master determines that the claim presents special circumstances. Subject to the limitation described in clause (ii) and with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the Special Master shall, for purposes of calculating the amount of compensation to which a claimant is entitled under this title for such claim on account of any economic loss, determine the loss of earnings or other benefits related to employment by using the applicable methodology described in section 104.43 or 104.45 of title 28, Code of Federal Regulations, as such Code was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [ Dec. 18, 2015 ]. In considering annual gross income under clause (i) for the purposes described in such clause, the Special Master shall, for each year of any loss of earnings or other benefits related to employment, limit the annual gross income of the claimant (or decedent in the case of a personal representative) for each such year to an amount that is not greater than the annual gross income limitation. The annual gross income limitation in effect on the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act [ July 29, 2018 ] is $200,000. The Special Master shall periodically adjust that annual gross income limitation to account for inflation. For purposes of this paragraph, the term ‘gross income’ has the meaning given such term in section 61 of the Internal Revenue Code of 1986 [ 26 U.S.C. 61 ].

(“(c) Eligibility.— A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant— is an individual described in paragraph (2); and meets the requirements of paragraph (3). A claimant is an individual described in this paragraph if the claimant is— an individual who— was present at the World Trade Center, (New York, New York), the Pentagon (Arlington, Virginia), the site of the aircraft crash at Shanksville, Pennsylvania, or any other 9/11 crash site at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001 ; and suffered physical harm or death as a result of such an air crash or debris removal; 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 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. An individual (or a personal representative on behalf of a deceased individual) may file a claim during the period described in subsection (a)(3)(B) as follows: In the case that the Special Master determines the individual knew (or reasonably should have known) before the date specified in clause (iii) that the individual suffered a physical harm at a 9/11 crash site as a result of the terrorist-related aircraft crashes of September 11, 2001 , or as a result of debris removal, and that the individual knew (or should have known) before such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the date that is 2 years after such specified date. In the case that the Special Master determines the individual first knew (or reasonably should have known) on or after the date specified in clause (iii) that the individual suffered such a physical harm or that the individual first knew (or should have known) on or after such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the last day of the 2-year period beginning on the date the Special Master determines the individual first knew (or should have known) that the individual both suffered from such harm and was eligible to file a claim under this title. Except with respect to claims in Group B as described in subsection (a)(3)(C)(iii), an individual may file a claim during the period described in subsection (a)(3)(B) only if— the individual was treated by a medical professional for suffering from a physical harm described in clause (i)(I) within a reasonable time from the date of discovering such harm; and the individual’s physical harm is verified by contemporaneous medical records created by or at the direction of the medical professional who provided the medical care. The date specified in this clause is the date on which the regulations are updated under section 407(b)(1). Subject to subclause (II), an individual filing a claim in Group B as described in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the individual has a WTC-related physical health condition, as defined by section 402 of this Act. An individual filing a claim in Group B, as described in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the applicable decedent suffered from a condition that was, or would have been determined to be, a WTC-related physical health condition, as defined by section 402 of this Act. Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual. 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 , or for damages arising from or related to debris removal. 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. 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— during the period described in subsection (a)(3)(A) 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(a); and during the period described in subsection (a)(3)(B) unless such individual withdraws from such action by the date that is 90 days after the date on which the regulations are updated under section 407(b)(1). In the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003 , and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 [ Pub. L. 111–347 ] was enacted [ Jan. 2, 2011 ].

“SEC. 406 PAYMENTS TO ELIGIBLE INDIVIDUALS.

(“(a) In General.— Subject to the limitations under subsection (d), 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.— For the purpose of providing compensation for claims in Group A as described in section 405(a)(3)(C)(ii), this title constitutes budget authority in advance of appropriations Acts in the amounts provided under subsection (d)(1) and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this title subject to the limitations under subsection (d).

(“(c) Additional Funding.— 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. 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.

(“(d) Limitations.— The total amount of Federal funds paid for compensation under this title, with respect to claims in Group A as described in section 405(a)(3)(C)(ii), shall not exceed $2,775,000,000. In the case of a claim in Group A as described in section 405(a)(3)(C)(ii) and for which the Special Master has ratably reduced the amount of compensation for such claim pursuant to paragraph (2) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [ Dec. 18, 2015 ], the Special Master shall, as soon as practicable after the date of enactment of such Act, authorize payment of the amount of compensation that is equal to the difference between— the amount of compensation that the claimant would have been paid under this title for such claim without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and the amount of compensation the claimant was paid under this title for such claim prior to the date of enactment of such Act. The total amount of Federal funds paid for compensation under this title, with respect to claims in Group B as described in section 405(a)(3)(C)(iii), shall not exceed the amount of funds deposited into the Victims Compensation Fund under section 410. The Special Master shall establish a system for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii) in accordance with this subsection and section 405(b)(7). Not later than 30 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall develop agency policies and procedures that meet the requirements under subclauses (II) and (III) for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii), including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. The policies and procedures developed under subclause (I) shall ensure that total expenditures, including administrative expenses, in providing compensation for claims in Group B, as described in section 405(a)(3)(C)(iii), do not exceed the amount of funds deposited into the Victims Compensation Fund under section 410. The policies and procedures developed under subclause (I) shall prioritize claims for claimants who are determined by the Special Master as suffering from the most debilitating physical conditions to ensure, for purposes of equity, that such claimants are not unduly burdened by such policies or procedures. Beginning 1 year after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, and each year thereafter until the Victims Compensation Fund is permanently closed under section 410(e), the Special Master shall conduct a reassessment of the agency policies and procedures developed under clause (i) to ensure that such policies and procedures continue to satisfy the requirements under subclauses (II) and (III) of such clause. If the Special Master determines, upon reassessment, that such agency policies or procedures do not achieve the requirements of such subclauses, the Special Master shall take additional actions or make such modifications as necessary to achieve such requirements. In any claim in Group B as described in section 405(a)(3)(C)(iii) in which, prior to the enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act [ July 29, 2019 ], the Special Master had advised the claimant that the amount of compensation has been reduced on the basis of insufficient funding, the Special Master shall, in the first fiscal year beginning after sufficient funding becomes available under such Act [amending this note], pay to the claimant an amount that is, as determined by the Special Master, equal to the difference between— the amount the claimant would have been paid under this title if sufficient funding was available to the Special Master at the time the Special Master determined the amount due the claimant under this title; and the amount the claimant was paid under this title. For purposes of this subparagraph: The term ‘insufficient funding’ means funding— that is available to the Special Master under section 410(c) on the day before the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii); and that the Special Master determines is insufficient for purposes of compensating all such claims and complying with subparagraph (A). The term ‘sufficient funding’ means funding— made available to the Special Master for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii) through an Act of Congress that is enacted after the date on which the amount of the claim described in clause (i) has been reduced; and that the Special Master determines is sufficient for purposes of compensating all claims in such Group B.

(“(e) Attorney Fees.— Notwithstanding any contract, the representative of an individual may not charge, for services rendered in connection with the claim of an individual under this title, more than 10 percent of an award made under this title on such claim. Except as provided in subparagraph (B), in the case of an individual who was charged a legal fee in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii), the representative of the individual may not charge any amount for compensation for services rendered in connection with a claim filed under this title. If the legal fee charged in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii) of an individual is less than 10 percent of the aggregate amount of compensation awarded to such individual through such settlement, the representative of such individual may charge an amount for compensation for services rendered to the extent that such amount charged is not more than— 10 percent of such aggregate amount through the settlement, minus the total amount of all legal fees charged for services rendered in connection with such settlement. In the event that the special master [probably should be capitalized] finds that the fee limit set by paragraph (1) or (2) provides excessive compensation for services rendered in connection with such claim, the Special Master may, in the discretion of the Special Master, award as reasonable compensation for services rendered an amount lesser than that permitted for in paragraph (1).

“SEC. 407 REGULATIONS.

(“(a) In General.— 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— forms to be used in submitting claims under this title; the information to be included in such forms; procedures for hearing and the presentation of evidence; procedures to assist an individual in filing and pursuing claims under this title; and other matters determined appropriate by the Attorney General.

(“(b) Updated Regulations.— Not later than 180 days after the date of the enactment of the James Zadroga 9/11 Health and Compensation Act of 2010 [ Jan. 2, 2011 ], the Special Master shall update the regulations promulgated under subsection (a) to the extent necessary to comply with the provisions of title II of such Act [title II of Pub. L. 111–347 , amending this note]. Not later than 180 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [ Dec. 18, 2015 ], the Special Master shall update the regulations promulgated under subsection (a), and updated under paragraph (1), to the extent necessary to comply with the amendments made by such Act [amending section 905 of Title 2 , The Congress, and amending this note and section 1347 of div. B of Pub. L. 112–10 , set out as a note above].

“SEC. 408 LIMITATION ON LIABILITY.

(“(a) In General.— 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. 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. 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.Ifaclaimantwhoiseligibletoseekcompensationundersection405ofthisAct,submitsaclaimundersection405,theclaimantwaivestherighttofileacivilaction(ortobeapartytoanaction)inanyFederalorStatecourtfordamagessustainedasaresultoftheterrorist-relatedaircraftcrashesofSeptember11,2001,includinganysuchactionagainsttheCityofNewYork.Theprecedingsentencedoesnotapplytoacivilactiontorecovercollateralsourceobligations.Notwithstandinganyotherprovisionoflaw,liabilityforallclaimsandactions(includingclaimsoractionsthathavebeenpreviouslyresolved,thatarecurrentlypending,andthatmaybefiled)forcompensatorydamages,contributionorindemnity,oranyotherformortypeofrelief,arisingfromorrelatedtodebrisremoval,againsttheCityofNewYork,anyentity(includingthePortAuthorityofNewYorkandNewJersey)withapropertyinterestintheWorldTradeCenteronSeptember11,2001(whetherfeesimple,leaseholdoreasement,ordirectorindirect)andanycontractorsandsubcontractors,shallnotbeinanamountthatexceedsthesumofthefollowing,asmaybeapplicable:TheamountoffundsoftheWTCCaptiveInsuranceCompany,includingthecumulativeinterest.Theamountofallavailableinsuranceidentifiedinschedule2oftheWTCCaptiveInsuranceCompanyinsurancepolicy.AsitrelatestothelimitationofliabilityoftheCityofNewYork,theamountthatisthegreateroftheCityofNewYork’sinsurancecoverageor$350,000,000. In determining the amount of the City’s insurance coverage for purposes of the previous sentence, any amount described in subparagraphs (A) and (B) shall not be included. As it relates to the limitation of liability of any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center on September 11, 2001 (whether fee simple, leasehold or easement, or direct or indirect), the amount of all available liability insurance coverage maintained by any such entity. As it relates to the limitation of liability of any individual contractor or subcontractor, the amount of all available liability insurance coverage maintained by such contractor or subcontractor on September 11, 2001 . Payments to plaintiffs who obtain a settlement or judgment with respect to a claim or action to which paragraph (4) applies, shall be paid solely from the following funds in the following order, as may be applicable: The funds described in subparagraph (A) or (B) of paragraph (4). If there are no funds available as described in subparagraph (A) or (B) of paragraph (4), the funds described in subparagraph (C) of such paragraph. If there are no funds available as described in subparagraph (A), (B), or (C) of paragraph (4), the funds described in subparagraph (D) of such paragraph. If there are no funds available as described in subparagraph (A), (B), (C), or (D) of paragraph (4), the funds described in subparagraph (E) of such paragraph. Any claimant to a claim or action to which paragraph (4) applies may, with respect to such claim or action, either file an action for a declaratory judgment for insurance coverage or bring a direct action against the insurance company involved, except that no such action for declaratory judgment or direct action may be commenced until after the funds available in subparagraph[s] (A), (B), (C), and (D) of paragraph (5) have been exhausted consistent with the order described in such paragraph for payment.

(“(b) Federal Cause 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. 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. 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 . A subpoena requiring the attendance of a witness at trial or a hearing conducted under this section may be served at any place in the United States. Nothing in this subsection is intended to diminish the authority of a court to quash or modify a subpoena for the reasons provided in clause (i), (iii), or (iv) of subparagraph (A) or subparagraph (B) of rule 45(c)(3) of the Federal Rules of Civil Procedure [28 U.S.C. App.].

(“(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.

“SEC. 410 VICTIMS COMPENSATION FUND.

(“(a) In General.— There is established in the Treasury of the United States a fund to be known as the ‘Victims Compensation Fund’, consisting of amounts deposited into such fund under subsection (b).

(“(b) Deposits Into Fund.— There shall be deposited into the Victims Compensation Fund each of the following: Effective on the day after the date on which all claimants who file a claim in Group A, as described in section 405(a)(3)(C)(ii), have received the full compensation due such claimants under this title for such claim, any amounts remaining from the total amount made available under section 406 to compensate claims in Group A as described in section 405(a)(3)(C)(ii). The amount appropriated under subsection (c).

(“(c) Appropriations.— There is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2019 and each fiscal year thereafter through fiscal year 2092, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).

(“(d) Availability of Funds.— Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).

(“(e) Termination.— On October 1, 2092 , or at such time thereafter as all funds are expended, the Victims Compensation Fund shall be permanently closed.

“SEC. 411 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.

(“(a) Temporary L-1 Visa Fee Increase.— Notwithstanding section 281 of the Immigration and Nationality Act ( 8 U.S.C. 1351 ) or any other provision of law, during the period beginning on the date of the enactment of this section [ Dec. 18, 2015 ] and ending on September 30, 2027 , the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) ), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act.

(“(b) Temporary H-1b Visa Fee Increase.— Notwithstanding section 281 of the Immigration and Nationality Act ( 8 U.S.C. 1351 ) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2027 , the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.

(“(c) 9-11 Response and Biometric Exit Account.— There is established in the general fund of the Treasury a separate account, which shall be known as the ‘9–11 Response and Biometric Exit Account’. Subject to subparagraph (B), of the amounts collected pursuant to the fee increases authorized under subsections (a) and (b)— 50 percent shall be deposited in the general fund of the Treasury; and 50 percent shall be deposited as offsetting receipts into the 9–11 Response and Biometric Exit Account, and shall remain available until expended. After a total of $1,000,000,000 is deposited into the 9–11 Response and Biometric Exit Account under subparagraph (A)(ii), all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in the general fund of the Treasury. For fiscal year 2017, and each fiscal year thereafter, amounts in the 9–11 Response and Biometric Exit Account shall be available to the Secretary of Homeland Security without further appropriation for implementing the biometric entry and exit data system described in section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ).

“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.

“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.”

“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— after the applicable limitation period beginning on— the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or 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— 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; 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; 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 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— the term ‘aircraft’ has the meaning given such term in section 40102(a)(6) of title 49 , United States Code; 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; 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 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.”

§ 40102 Definitions

(a) General Definitions.— In this part— “aeronautics” means the science and art of flight. “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. “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. “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including— a landing area; runway lighting and airport surface visual and other navigation aids; apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and buildings, equipment, and systems dedicated to the national airspace system. “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. “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. “airman” means an individual— in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; 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 who serves as an aircraft dispatcher or air traffic control-tower operator. “airport” means a landing area used regularly by aircraft for receiving or discharging passengers or cargo. “all-cargo air transportation” means the transportation by aircraft in interstate air transportation of only property or only mail, or both. “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. “cargo” means property, mail, or both. “charter air carrier” means an air carrier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation. “charter air transportation” means charter trips in air transportation authorized under this part. “citizen of the United States” means— an individual who is a citizen of the United States; a partnership each of whose partners is an individual who is a citizen of the United States; or 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, which is under the actual control of 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. “civil aircraft” means an aircraft except a public aircraft. “civil aircraft of the United States” means an aircraft registered under chapter 441 of this title. “conditional sales contract” means a contract— 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— paying any part of the purchase price; performing another condition; or the happening of a contingency; or to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or lessee— agrees to pay an amount substantially equal to the value of the property; and is to become, or has the option of becoming, the owner of the property on complying with the contract. “conveyance” means an instrument, including a conditional sales contract, affecting title to, or an interest in, property. “Federal airway” means a part of the navigable airspace that the Administrator designates as a Federal airway. “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. “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. “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. “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— between a place in— 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; a State and another place in the same State through the airspace over a place outside the State; the District of Columbia and another place in the District of Columbia; or a territory or possession of the United States and another place in the same territory or possession; and when any part of the transportation or operation is by aircraft. “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— between a place in— 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; Hawaii and another place in Hawaii through the airspace over a place outside Hawaii; the District of Columbia and another place in the District of Columbia; or a territory or possession of the United States and another place in the same territory or possession; and when any part of the transportation is by aircraft. “intrastate air carrier” means a citizen of the United States undertaking by any means to provide only intrastate air transportation. “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. “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. “large hub airport” means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings. “mail” means United States mail and foreign transit mail. “medium hub airport” means a commercial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings. “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. “navigate aircraft” and “navigation of aircraft” include piloting aircraft. “nonhub airport” means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings. “operate aircraft” and “operation of aircraft” mean using aircraft for the purposes of air navigation, including— the navigation of aircraft; and causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft. “passenger boardings”— means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose. “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. “predatory” means a practice that violates the antitrust laws as defined in the first section of the Clayton Act ( 15 U.S.C. 12 ). “price” means a rate, fare, or charge. “propeller” includes a part, appurtenance, and accessory of a propeller. “public aircraft” means any of the following: 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). 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). 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). 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). An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the term “other commercial air service” means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations. An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ), except as provided in section 40125(b). “small hub airport” means a commercial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings. “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. “State authority” means an authority of a State designated under State law— to receive notice required to be given a State authority under subpart II of this part; or 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. “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. “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. “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— 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; laws, regulations, orders, directives, agreements, and licenses; published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation; trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control; and systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with Administration approval.

(b) Limited Definition.— In subpart II of this part, “control” means control by any means.

§ 40103 Sovereignty and use of airspace

(a) Sovereignty and Public Right of Transit.— The United States Government has exclusive sovereignty of airspace of the United States. 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 individuals with disabilities.

(b) Use of Airspace.— 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. The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for— navigating, protecting, and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects. 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— establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and 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. 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— it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and 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.

§ 40104 Promotion of civil aeronautics and safety of air commerce

(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.

(b) Airport Capacity Enhancement Projects at Congested Airports.— In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47175.

(c) Educational and Professional Development.— In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals. Based on the availability of resources, the Administrator shall— develop and distribute civil aviation information and educational materials; and provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities. In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including— ethical decision-making and the responsibilities of aerospace professionals; managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and responsibilities as a designee or representative of the Administrator.

(d) International Role and Assistance of the FAA.— In carrying out subsection (a), the Administrator shall promote and achieve global improvements in the safety, efficiency, and environmental effect of air travel by exercising leadership with the Administrator’s foreign counterparts, in the International Civil Aviation Organization and its subsidiary organizations, and other international organizations and fora, and with the private sector. The Administrator shall maintain an international presence to— assist foreign civil aviation authorities in— establishing robust aviation oversight practices and policies; harmonizing international aviation standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals; validating and accepting foreign aircraft design and production approvals; preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and appropriately adopting continuing airworthiness information, such as airworthiness directives; encourage the adoption of United States standards, regulations, and policies; establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements; engage in bilateral and multilateral discussions as required under paragraph (5) and provide technical assistance as described in paragraph (6); 1 validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of design or production; support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization; support the international safety activities of the United States aviation sector; maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and perform other activities as determined necessary by the Administrator. In carrying out the responsibilities described in subsection (a), the Administrator— shall maintain international offices of the Administration; every 5 years, may review existing international offices to determine— the effectiveness of such offices in fulfilling the mission described in paragraph (2); and the adequacy of resources and staffing to achieve the mission described in paragraph (2); and shall establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices— where international civil aviation authorities are located; where regional intergovernmental organizations are located; in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and in regions that have experienced substantial growth in aviation operations or manufacturing. The Administrator shall— in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through— sharing of continued operational safety information; prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bolstering the components of airmanship; encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by— promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis; promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities; minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem; supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety groups; and providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation safety. The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities. The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum— improve global aviation safety; increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation interests of the United States; ensure access to international markets for operators, service providers, and manufacturers from the United States; and put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements. The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aviation users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis. Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as— airworthiness, certification, and validation; maintenance; operations and pilot training; airspace access, efficiencies, and navigation services; transport category aircraft; fixed-wing aircraft, rotorcraft, powered-lift aircraft, products, and articles; aerodrome certification; unmanned aircraft and associated elements of such aircraft; flight simulation training devices; new or emerging technologies and technology trends; and other topics as determined appropriate by the Administrator. Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law. The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes— all elements of the report required under section 243(b) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note); measures to fulfill the mission described in paragraph (2); initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws; policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization; procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5); all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation; establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements; and a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.

(e) Promotion of United States Aerospace Standards, Products, and Services Abroad.— The Secretary shall take appropriate actions to— promote United States aerospace-related safety standards abroad; facilitate and vigorously defend approvals of United States aerospace products and services abroad; with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States certificated aeronautical products, services, and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.

(f) Travel.— The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of— promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States; facilitating the adoption of United States approaches on such aviation standards and recommended practices at the International Civil Aviation Organization; supporting the acceptance of Administration design and production approvals by other civil aviation authorities; training Administration personnel and training provided to other persons; engaging with regulated entities, including performing site visits; activities associated with subsections (c) through (e); and other activities as determined by the Administrator.

§ 40105 International negotiations, agreements, and obligations

(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.— In carrying out this part, the Secretary of Transportation and the Administrator— shall act consistently with obligations of the United States Government under an international agreement; shall consider applicable laws and requirements of a foreign country; and 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. 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— the Secretaries of Commerce and Defense; airport operators; scheduled air carriers; charter air carriers; airline labor; consumer interest groups; travel agents and tour organizers; and 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.

§ 40106 Emergency powers

(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— give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and 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.— 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— an air carrier or foreign air carrier to provide foreign air transportation to and from that foreign country; a person to operate aircraft in foreign air commerce to and from that foreign country; 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 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. 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. 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.

§ 40107 Presidential transfers

(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.

§ 40108 Training schools

(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.

§ 40109 Authority to exempt

(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in Operating Aircraft.— The Secretary of Transportation may exempt from subpart II of this part— an air carrier not engaged directly in operating aircraft in air transportation; or a foreign air carrier not engaged directly in operating aircraft in foreign air transportation. 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 paragraphs (1) and (2) of section 40103(b) 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(a), 44909(b), 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— 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 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.— 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— provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and complies with liability insurance requirements and other regulations the Secretary prescribes. The Secretary may increase the passenger or payload capacities when the public interest requires. 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. 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.— 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— 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; all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of— foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and the air carriers’ reservations systems to the extent practicable; the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and 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. When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall— ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms; monitor continuously the passenger load factor of air carriers in the market that hold certificates under section 41102 of this title ; and review the exemption at least every 30 days (or, in the case of an exemption that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu’a, at least every 180 days) to ensure that the unusual circumstances that established the need for the exemption still exist. Except as provided in subparagraph (B), the Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days. The Secretary may renew an exemption (including renewals) under this subsection that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu’a for not more than 180 days. An exemption granted by the Secretary under this subsection 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.

§ 40110 General procurement authority

(a) General.— In carrying out this part, the Administrator of the Federal Aviation Administration— 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; may construct and improve laboratories and other test facilities; and may dispose of any interest in property for adequate compensation, and the amount so received shall— be credited to the appropriation current when the amount is received; be merged with and available for the purposes of such appropriation; and remain available until expended.

(b) Purchase of Housing Units.— 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. 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. 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. 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 description of the housing unit and its price; a certification that the price does not exceed the median price of housing units in the area; and a certification that purchasing the housing unit is the most cost-beneficial means of providing necessary accommodations in carrying out this part. 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 may— notwithstanding section 1341(a)(1) of title 31 , lease an interest in property for not more than 20 years; consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace; 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; and dispose of property under subsection (a)(3) 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.— 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, implement, and periodically update 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, services, property, and materials; and the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent practicable. The following provisions of Federal acquisition law shall not apply to the acquisition management system developed, implemented, and periodically updated pursuant to paragraph (1): Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Division B (except sections 1704 and 2303) of subtitle I of title 41. The Federal Acquisition Streamlining Act of 1994 ( Public Law 103–355 ). However, section 4705 of title 41 shall apply to the acquisition management system developed, implemented, and periodically updated pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system, the term “executive agency” is deemed to refer to the Federal Aviation Administration. 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. The Competition in Contracting Act. Subchapter V of chapter 35 of title 31, relating to the procurement protest system. The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (F) providing authority to promulgate regulations in the Federal Acquisition Regulation. Notwithstanding paragraph (2)(B), chapter 21 of title 41 shall apply to the acquisition management system developed, implemented, and periodically updated under paragraph (1) with the following modifications: Sections 2101 and 2106 of title 41 shall not apply. 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, as in effect on October 9, 1996 . After the adoption of those definitions, the criminal, civil, and administrative remedies provided under division B of subtitle I of title 41 apply to the acquisition management system. In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 2105(c)(1)(D) of title 41 in accordance with the procedures contained in the Administration’s personnel management system. In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible— describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of— functions to be performed; performance required; or essential physical and system characteristics; ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation; provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services; revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services; ensure that any procurement of new equipment takes into account the life cycle, reliability, performance, service support, and costs to guarantee the acquisition of equipment that is of high quality and reliability resulting in greater performance and cost-related benefits; and ensure that procurement officials— acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration; in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products; require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration; modify procurement requirements in appropriate circumstances to ensure that such requirements can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and require training of appropriate personnel in the acquisition of commercial products and commercial services. A bid protest or contract dispute that is not addressed or resolved through alternative dispute resolution shall be adjudicated by the Administrator through Dispute Resolution Officers or Special Masters of the Federal Aviation Administration Office of Dispute Resolution for Acquisition, acting pursuant to sections 46102, 46104, 46105, 46106 and 46107 and shall be subject to judicial review under section 46110 and to section 504 of title 5 .

(e) Prohibition on Release of Offeror Proposals.— 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 . 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. 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.

§ 40111 Multiyear procurement contracts for services and related items

(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: operation, maintenance, and support of facilities and installations. operation, maintenance, and modification of aircraft, vehicles, and other highly complex equipment. specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training. 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— there will be a continuing requirement for the service consistent with current plans for the proposed contract period; 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 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: 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. The Administrator shall consider the desirability of— 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 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— an appropriation originally available for carrying out the contract; an appropriation currently available for procuring the type of service concerned and not otherwise obligated; or amounts appropriated for payments to end the contract.

§ 40112 Multiyear procurement contracts for property

(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— the contract will promote the safety or efficiency of the national airspace system and will result in reduced total contract costs; 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; 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; there is a stable design for the property to be acquired and the technical risks associated with the property are not excessive; and 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— to broaden the aviation industrial base— a contract under this section shall be used to seek, retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and 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 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— competition in producing items to be delivered under a contract under this section; or ending a prime contract when performance is deficient with respect to cost, quality, or schedule.

(d) Contract Provisions.— A contract under this section may— be used for the advance procurement of components, parts, and material necessary to manufacture equipment to be used in the national airspace system; provide that performance under the contract after the first year is subject to amounts being appropriated; and contain a negotiated priced option for varying the number of end items to be procured over the period of the contract. 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.— 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. 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— an appropriation originally available for carrying out the contract; an appropriation currently available for procuring the type of property concerned and not otherwise obligated; or amounts appropriated for payments to end the contract.

§ 40113 Administrative

(a) General Authority.— The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, 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 Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.

(e) Assistance to Foreign Aviation Authorities.— The Administrator may provide safety-related training and operational services to foreign aviation authorities (whether public or private) with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106( l )(6). To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers. The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of providing such reimbursement. The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears. Funds received by the Administrator pursuant to this section shall— be credited to the appropriation current when the amount is received; be merged with and available for the purposes of such appropriation; and remain available until expended. There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended. In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that— a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and the engagement is to provide inherently governmental technical assistance and training. In this subsection, the term “inherently governmental technical assistance and training” means technical assistance and training that— relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters; must be accomplished using agency expertise and authority; and relates to— international aviation safety assessment technical reviews and technical assistance; aerodrome safety and certification; aviation system certification activities based on Federal Aviation Administration regulations and requirements; cybersecurity efforts to protect United States aviation ecosystem components and facilities; operation and maintenance of air navigation system equipment, procedures, and personnel; or training and exercises in support of aviation safety, efficiency, and security.

(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.

§ 40114 Reports and records

(a) Written Reports.— 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. 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.

§ 40115 Withholding information

(a) Objections to Disclosure.— A person may object to the public disclosure of information— in a record filed under this part; or obtained under this part by the Secretary of Transportation or State or the United States Postal Service. 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— prejudice the United States Government in preparing and presenting its position in international negotiations; or 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.

§ 40116 State taxation

(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— an individual traveling in air commerce; the transportation of an individual traveling in air commerce; the sale of air transportation; or 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.— In this subsection— “air carrier transportation property” means property (as defined by the Secretary of Transportation) that an air carrier providing air transportation owns or uses. “assessment” means valuation for a property tax levied by a taxing district. “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation. “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. 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: 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. levy or collect a tax on an assessment that may not be made under clause (i) of this subparagraph. 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. 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. except as otherwise provided under section 47133, levy or collect a tax, fee, or charge, first taking effect after the date of enactment of this clause, upon any business located at a commercial service airport or operating as a permittee of such an airport that is not generally imposed on sales or services by that State, political subdivision, or authority unless wholly utilized for airport or aeronautical purposes. 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— 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 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.— In this subsection— “pay” means money received by an employee for services. “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States. 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. 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: the State or political subdivision of the State that is the residence of the employee. 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. 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: The State or political subdivision of the State that is the residence of the employee. 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.

§ 40117 Passenger facility charges

(a) Definitions.— In this section, the following definitions apply: The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102. The term “eligible agency” means a public agency that controls a commercial service airport. The term “eligible airport-related project” means any of the following projects: A project for airport development or airport planning under subchapter I of chapter 471. A project for terminal development described in section 47119(a). A project for 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. A project for airport noise capability planning under section 47505. 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. 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. A project for converting vehicles and ground support equipment used at a commercial service airport to low-emission technology (as defined in section 47102) or to use cleaner burning conventional fuels, retrofitting of any such vehicles or equipment that are powered by a diesel or gasoline engine with emission control technologies certified or verified by the Environmental Protection Agency to reduce emissions, or acquiring for use at a commercial service airport vehicles and ground support equipment that include low-emission technology or use cleaner burning fuels if the airport is located in an air quality nonattainment area (as defined in section 171(2) of the Clean Air Act ( 42 U.S.C. 7501(2) )) or a maintenance area referred to in section 175A of such Act ( 42 U.S.C. 7505a ) and if such project will result in an airport receiving appropriate emission credits as described in section 47139. A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development. A project for the replacement of existing workspace elements (including any associated in-kind facility or equipment within or immediately adjacent to a terminal development or renovation project at such airport) related to the relocation of a Federal agency on airport grounds due to such terminal development or renovation project for which development costs are eligible costs under this section. The term “ground support equipment” means service and maintenance equipment used at an airport to support aeronautical operations and related activities. The term “passenger facility charge” means a charge imposed under this section. The term “passenger facility revenue” means revenue derived from a passenger facility charge.

(b) General Authority.— Except as provided under subsection ( l ), the Secretary of Transportation may authorize under this section an eligible agency to impose a passenger facility charge of $1,$2, $3,$4, 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, to be carried out in connection with the airport or any other airport the agency controls. 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 charge or the use of the passenger facility revenue. A passenger facility charge 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. The maximum cost that may be financed by imposition of a passenger facility charge under this section for a project described in subsection (a)(3)(G) with respect to a vehicle or ground support equipment may not exceed the incremental amount of the project cost that is greater than the cost of acquiring a vehicle or equipment that is not low-emission and would be used for the same purpose, or the cost of low-emission retrofitting, as determined by the Secretary. In addition to the uses specified in paragraph (1), the Secretary may authorize a passenger facility charge imposed under paragraph (1) to be used for making payments for debt service on indebtedness incurred to carry out at the airport a project that is not an eligible airport-related project if the Secretary determines that such use is necessary due to the financial need of the airport. In addition to the uses specified in paragraphs (1) and (5), the Secretary may authorize a passenger facility charge imposed under paragraph (1) at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980 , by the Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport at which such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if— the Secretary determines that the building is adversely affected by airport noise; the building is owned or chartered by the school district that was the plaintiff in case number 986,442 or 986,446, which was resolved by such judgment and final order; the project is for a school identified in 1 of the settlement agreements effective February 16, 2005 , between the airport and each of the school districts; in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation Administration; and the project otherwise meets the requirements of this section for authorization of a passenger facility charge. In subparagraph (A)(iv), the term “eligible project costs” means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration.

(c) Applications.— An eligible agency must submit to the Secretary an application for authority to impose a passenger facility charge. The application shall contain information and be in the form that the Secretary may require by regulation. 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: The agency must provide written notice of individual projects being considered for financing by a passenger facility charge and the date and location of a meeting to present the projects to air carriers and foreign air carriers operating at the airport. 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. 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. 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. The agency must include in its application or notice submitted under subparagraph (A) copies of all certifications of agreement or disagreement received under subparagraph (D). For the purpose of this section, an eligible agency providing notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to have satisfied the requirements of this paragraph if the eligible agency limits such notices and consultations to air carriers and foreign air carriers that have a significant business interest at the airport. In the subparagraph, the term “significant business interest” means an air carrier or foreign air carrier that had no less than 1.0 percent of passenger boardings at the airport in the prior calendar year, had at least 25,000 passenger boardings at the airport in the prior calendar year, or provides scheduled service at the airport. Before submitting an application, the eligible agency must provide reasonable notice and an opportunity for public comment. The Secretary shall prescribe regulations that define reasonable notice and provide for at least the following under this paragraph: A requirement that the eligible agency provide public notice of intent to collect a passenger facility charge so as to inform those interested persons and agencies that may be affected. The public notice may include— publication in local newspapers of general circulation; publication in other local media; and posting the notice on the agency’s Internet website. A requirement for submission of public comments no sooner than 30 days, and no later than 45 days, after the date of the publication of the notice. A requirement that the agency include in its application or notice submitted under subparagraph (A) copies of all comments received under subparagraph (B). After receiving an application, the Secretary may 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— the amount and duration of the proposed passenger facility charge 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; each project is an eligible airport-related project that will— preserve or enhance capacity, safety, or security of the national air transportation system; reduce noise resulting from an airport that is part of the system; or provide an opportunity for enhanced competition between or among air carriers and foreign air carriers; the application includes adequate justification for each of the specific projects; and in the case of an application to impose a charge 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 Charges.— An eligible agency may impose a passenger facility charge only— if the Secretary approves an application that the agency has submitted under subsection (c) of this section or a passenger facility charge imposition is authorized under subsection ( l ); and subject to reasonable terms the Secretary may prescribe to carry out the objectives of this section. A passenger facility charge may not be collected from a passenger— for more than 2 boardings on a one-way trip or a trip in each direction of a round trip; 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; 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; on flights, including flight segments, between 2 or more points in Hawaii; in Alaska aboard an aircraft having a seating capacity of less than 60 passengers; and enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement due to charter arrangements and payment by the Department of Defense.

(f) Limitations on Contracts, Leases, and Use Agreements.— 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 charge or to use the passenger facility revenue as provided in this section. A project financed with a passenger facility charge 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. 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 charge may not restrict the eligible agency from financing, developing, or assigning new capacity at the airport with passenger facility revenue.

(g) Treatment of Revenue.— 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. 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. 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. Passenger facility revenues that are held by an air carrier or an agent of the carrier after collection of a passenger facility charge constitute a trust fund that is held by the air carrier or agent for the beneficial interest of the eligible agency imposing the charge. 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.— 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 charge and by the eligible agency imposing the charge. 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 charge to the extent the Secretary decides that the revenue is not being used as provided in this section. 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 charge 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— may prescribe the time and form by which a passenger facility charge takes effect; shall— require an air carrier or foreign air carrier and its agent to collect a passenger facility charge that an eligible agency imposes under this section; establish procedures for handling and remitting money collected; 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 charge, is paid promptly to the eligible agency for which they are collected; and require that the amount collected for any air transportation be noted on the ticket for that air transportation; and may permit an eligible agency to request that collection of a passenger facility charge be waived for— 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 charge is imposed; or passengers enplaned on a flight to an airport— that has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or 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 charge or the use of the revenue from the passenger facility charge.

(k) Competition Plans.— Beginning in fiscal year 2001, no eligible agency may impose a passenger facility charge 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 charges in effect before the date of the enactment of this subsection. 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.

(l) Passenger Facility Charge Streamlining.— The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge of $1,$2, $3,$4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section. The eligible agency must provide reasonable notice and an opportunity for consultation to air carriers and foreign air carriers in accordance with subsection (c)(2) and must provide reasonable notice and opportunity for public comment in accordance with subsection (c)(3). The eligible agency must submit to the Secretary a notice of intention to impose a passenger facility charge under this subsection. The notice shall include— information that the Secretary may require by regulation on each project for which authority to impose a passenger facility charge is sought; the amount of revenue from passenger facility charges that is proposed to be collected for each project; and the level of the passenger facility charge that is proposed. The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 60 days after receipt of the eligible agency’s notice. The Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, if the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) do not exceed the total cost of the project. The Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that— establishes significant policy precedent; raises significant legal issues; garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities; raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475; includes multimodal components; or serves no aeronautical purpose. Unless the Secretary objects within 30 days after receipt of the eligible agency’s notice, the eligible agency is authorized to impose a passenger facility charge in accordance with the terms of its notice under this subsection. An acknowledgement issued under paragraph (4) shall not be considered an order issued by the Secretary for purposes of section 46110.

(m) Financial Management of Charges.— A covered air carrier shall segregate in a separate account passenger facility revenue equal to the average monthly liability for charges collected under this section by such carrier or any of its agents for the benefit of the eligible agencies entitled to such revenue. If a covered air carrier or its agent fails to segregate passenger facility revenue in violation of the subsection, the trust fund status of such revenue shall not be defeated by an inability of any party to identify and trace the precise funds in the accounts of the air carrier. A covered air carrier and its agents may not grant to any third party any security or other interest in passenger facility revenue. A covered air carrier that fails to comply with any requirement of this subsection, or otherwise unnecessarily causes an eligible entity to expend funds, through litigation or otherwise, to recover or retain payment of passenger facility revenue to which the eligible entity is otherwise entitled shall be required to compensate the eligible agency for the costs so incurred. A covered air carrier that collects passenger facility charges is entitled to receive the interest on passenger facility charge accounts if the accounts are established and maintained in compliance with this subsection. The provisions of section 158.49 of title 14, Code of Federal Regulations, that permit the commingling of passenger facility charges with other air carrier revenue shall not apply to a covered air carrier. In this section, the term “covered air carrier” means an air carrier that files for chapter 7 or chapter 11 of title 11 bankruptcy protection, or has an involuntary chapter 7 of title 11 bankruptcy proceeding commenced against it, after the date of enactment of this subsection.

(n) Use of Revenues at Previously Associated Airport.— Notwithstanding the requirements relating to airport control under subsection (b)(1), the Secretary may authorize use of a passenger facility charge under subsection (b) to finance an eligible airport-related project if— the eligible agency seeking to impose the new charge controls an airport where a $2.00 passenger facility charge became effective on January 1, 2013 ; and the location of the project to be financed by the new charge is at an airport that was under the control of the same eligible agency that had controlled the airport described in paragraph (1).

§ 40118 Government-financed air transportation

(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— the department, agency, or instrumentality— 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 provides the transportation to or for a foreign country or international or other organization without reimbursement; the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and the air carrier is— available, if the transportation is between a place in the United States and a place outside the United States; or 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— is consistent with the goals for international aviation policy of section 40101(e) of this title ; and provides for the exchange of rights or benefits of similar magnitude.

(c) Transportation of Certain Domestic Animals by Foreign Air Carriers.— This section does not preclude the transportation of a passenger and the property of such passenger by a foreign air carrier if— such passenger is a member of the Armed Forces or civilian employee of the Department of Defense; such property includes at least 1 and not more than 3 domestic animals traveling with such passenger; such transportation is— between a place in the United States and a place outside the United States; or between 2 places outside the United States; and no air carrier holding a certificate under section 41102 is willing and able to provide such transportation. If the cost for the transportation of a passenger and property under paragraph (1) exceeds the cost that would have been owed had such transportation been provided by an air carrier holding a certificate under section 41102, the passenger shall be responsible for paying the difference between such amounts. In this section, the term “domestic animal” means a domestic cat (Felis catus) or a domestic dog (Canis familiaris).

(d) 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.

(e) Certain Transportation by Air Outside the United States.— Notwithstanding subsections (a) and (d) 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.

(f) Relationship to Other Laws.— This section does not affect the application of the antidiscrimination provisions of this part.

(g) Prohibition of Certification or Contract Clause.— No certification by a contractor, and no contract clause, may be required in the case of a contract for the transportation of commercial products in order to implement a requirement in this section. In paragraph (1), the term “commercial product” has the meaning given such term in section 103 of title 41 , except that it shall not include a contract for the transportation by air of passengers.

(h) Training Requirements.— The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier submits to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S. Customs and Border Protection an annual report regarding— the number of personnel trained in the detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )), including the training required under section 44734(a)(4); the number of notifications of potential human trafficking victims received from staff or other passengers; and whether the air carrier notified the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.

§ 40119 Sensitive security information

(a) Disclosure.— Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5 , 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— be an unwarranted invasion of personal privacy; reveal a trade secret or privileged or confidential commercial or financial information; or be detrimental to transportation safety. Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information. Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to— conceal a violation of law, inefficiency, or administrative error; prevent embarrassment to a person, organization, or agency; restrain competition; or prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.

(b) Transfers of Duties and Powers Prohibited.— Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.

§ 40120 Relationship to other laws

(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— an international arrangement gives the United States Government authority to make the extension; and 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.

§ 40121 Air traffic control modernization reviews

(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— is more than 50 percent over the cost goal established for the program; fails to achieve at least 50 percent of the performance goals established for the program; or 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— is more than 10 percent over the cost goal established for the program; fails to achieve at least 90 percent of the performance goals established for the program; or is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.

(c) Exceptions and Report.— 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. 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. 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.

§ 40122 Federal Aviation Administration personnel management system

(a) In General.— 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. If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative— shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement. If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a mid-term collective-bargaining agreement, the Federal Service Impasses Panel shall assist the parties in resolving the impasse in accordance with section 7119 of title 5 . If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the “parties”) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members. The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Not later than 10 days after receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list not later than 7 days after being selected. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person in 7 days, the parties shall make the selection by alternately striking names on the list until one arbitrator remains. If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues. The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect. The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall take into consideration such factors as— the effect of its arbitration decisions on the Federal Aviation Administration’s ability to attract and retain a qualified workforce; the effect of its arbitration decisions on the Federal Aviation Administration’s budget; and any other factors whose consideration would assist the board in fashioning a fair and equitable award. The parties shall share costs of the arbitration equally. Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(C), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and the final agreement shall be subject to approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C). 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. 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.— 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. 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— section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5; sections 3304(f), 1 to the extent consistent with the Federal Aviation Administration’s status as an excepted service agency, 3308–3320, 3330a, 3330b, 3330c, and 3330d, relating to veterans’ preference; chapter 71, relating to labor-management relations; section 7204, relating to antidiscrimination; chapter 73, relating to suitability, security, and conduct; chapter 81, relating to compensation for work injury; chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage; sections 1204, 1211–1218, 1221, and 7701–7703, relating to the Merit Systems Protection Board; subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards) and subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distinguished Senior Professional rank awards), except that— for purposes of applying such provisions to the personnel management system— the term “agency” means the Department of Transportation; the term “senior executive” means a Federal Aviation Administration executive; the term “career appointee” means a Federal Aviation Administration career executive; and the term “senior career employee” means a Federal Aviation Administration career senior professional; receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and subject to paragraph (4) of this subsection, section 6329, relating to disabled veteran leave. 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 . Notwithstanding any other provision of law, retroactive to April 1, 1996 , the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996 . In order to verify that leave credited to an employee pursuant to paragraph (2)(J) is used for treating a service-connected disability, that employee shall, notwithstanding section 6329(c) of title 5 , submit to the Assistant Administrator for Human Resource Management of the Federal Aviation Administration certification, in such form and manner as the Administrator of the Federal Aviation Administration may prescribe, that the employee used that leave for purposes of being furnished treatment for that disability by a health care provider. The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum, consistent with the paid parental leave benefits provided under section 6382 of title 5 . This subsection shall take effect on April 1, 1996 . If the Administrator determines that a covered position has not been filled after multiple vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based. In this paragraph, the term “covered position” means a safety-critical position, to include personnel located at contract towers, based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.

(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.

§ 40123 Protection of voluntarily submitted information

(a) In General.— Notwithstanding any other provision of law, including section 552(b)(3)(B) of title 5 , neither the Administrator of the Federal Aviation Administration, nor any agency or third party receiving information from the Administrator, shall disclose voluntarily-provided safety or security related information if the Administrator finds that— 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 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.

§ 40124 Interstate agreements for airport facilities

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. (Added Pub. L. 104–287, § 5(69)(A) , Oct. 11, 1996 , 110 Stat. 3395 , § 40121; renumbered § 40124, Pub. L. 105–102, § 3(d)(1)(B) , Nov. 20, 1997 , 111 Stat. 2215 .)

§ 40125 Qualifications for public aircraft status

(a) Definitions.— In this section, the following definitions apply: 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. 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, biological or geological resource management (including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental. The term “qualified non-crewmember” means an individual, other than a member of the crew, aboard an aircraft— operated by the armed forces or an intelligence agency of the United States Government; or whose presence is required to perform, or is associated with the performance of, a governmental function. 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), (D), or (F) of section 40102(a)(41) 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.— Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if— the aircraft is operated in accordance with title 10; 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 the aircraft is chartered to provide transportation or other commercial air service 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. 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.

(d) Search and Rescue Purposes.— An aircraft described in section 40102(a)(41)(D) that is not 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 1 of those governments, qualifies as a public aircraft if the Administrator determines that— there are extraordinary circumstances; the aircraft will be used for the performance of search and rescue missions; a community would not otherwise have access to search and rescue services; and a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.

§ 40126 Severable services contracts for periods crossing fiscal years

(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).

§ 40127 Prohibitions on discrimination

(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.

§ 40128 Overflights of national parks

(a) In General.— A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as defined by this section, except— in accordance with this section; in accordance with conditions and limitations prescribed for that operator by the Administrator; and in accordance with any applicable air tour management plan or voluntary agreement under subsection (b)(7) for the park or tribal lands. 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. 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— the safety record of the person submitting the proposal or pilots employed by the person; any quiet aircraft technology proposed to be used by the person submitting the proposal; the experience of the person submitting the proposal with commercial air tour operations over other national parks or scenic areas; the financial capability of the person submitting the proposal; any training programs for pilots provided by the person submitting the proposal; and responsiveness of the person submitting the proposal to any relevant criteria developed by the National Park Service for the affected park. 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. 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. 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. 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. Notwithstanding paragraph (1), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of title 14, Code of Federal Regulations if— such activity is permitted under part 119 of such title; 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 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. 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. Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour operations over the park each year shall be exempt from the requirements of this section, except as provided in subparagraph (B). If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A). The Director and Administrator shall jointly publish a list each year of national parks that are covered by the exemption provided under this paragraph. The Director shall inform the Administrator, in writing, of each determination to withdraw an exemption under subparagraph (B). A commercial air tour operator conducting commercial air tour operations over a national park that is exempt from the requirements of this section shall submit to the Administrator and the Director a report each year that includes the number of commercial air tour operations the operator conducted during the preceding 1-year period over such park.

(b) Air Tour Management Plans.— 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). 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. An application to begin or expand commercial air tour operations at Crater Lake National Park or Great Smoky Mountains National Park may be denied without the establishment of an air tour management plan by the Director of the National Park Service if the Director determines that such operations would adversely affect park resources or visitor experiences. 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. An air tour management plan for a national park— may prohibit commercial air tour operations over a national park in whole or in part; may establish conditions for the conduct of commercial air tour operations over a national park, 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; shall apply to all commercial air tour operations over a national park that are also within ½ mile outside the boundary of a national park; 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 over a national park; shall provide for the initial allocation of opportunities to conduct commercial air tour operations over a national park if the plan includes a limitation on the number of commercial air tour operations for any time period; and shall justify and document the need for measures taken pursuant to subparagraphs (A) through (E) and include such justifications in the record of decision. In establishing an air tour management plan for a national park or tribal lands, the Administrator and the Director shall— hold at least one public meeting with interested parties to develop the air tour management plan; publish the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public; 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); 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); and consult with the advisory group established under section 805 of the National Parks Air Tour Management Act of 2000 ( 49 U.S.C. 40128 note) and consider all advice, information, and recommendations provided by the advisory group to the Administrator and the Director. An air tour management plan developed under this subsection shall be subject to judicial review. 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. As an alternative to an air tour management plan, the Director and the Administrator may enter into a voluntary agreement with a commercial air tour operator (including a new entrant commercial air tour operator and an operator that has interim operating authority) that has applied to conduct commercial air tour operations over a national park to manage commercial air tour operations over such national park. A voluntary agreement under this paragraph with respect to commercial air tour operations over a national park shall address the management issues necessary to protect the resources of such park and visitor use of such park without compromising aviation safety or the air traffic control system and may— include provisions such as those described in subparagraphs (B) through (E) of paragraph (3); include provisions to ensure the stability of, and compliance with, the voluntary agreement; and provide for fees for such operations. The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further administrative or environmental process beyond that described in this subsection. A voluntary agreement under this paragraph may be terminated at any time at the discretion of— the Director, if the Director determines that the agreement is not adequately protecting park resources or visitor experiences; or the Administrator, if the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system. If a voluntary agreement with respect to a national park is terminated under this subparagraph, the operators shall conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for the park is in effect.

(c) Interim Operating Authority.— 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. Interim operating authority granted under this subsection— shall provide annual authorization only for the greater of— the number of flights used by the operator to provide the commercial air tour operations over a national park within the 12-month period prior to the date of the enactment of this section; or 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; may not provide for an increase in the number of commercial air tour operations over a national park 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; shall be published in the Federal Register to provide notice and opportunity for comment; may be revoked by the Administrator for cause; shall terminate 180 days after the date on which an air tour management plan is established for the park or tribal lands; shall promote protection of national park resources, visitor experiences, and tribal lands; shall promote safe commercial air tour operations; shall promote the adoption of quiet technology, as appropriate; and may allow for modifications of the interim operating authority without further environmental review beyond that described in this subsection, if— adequate information regarding the existing and proposed operations of the operator under the interim operating authority is provided to the Administrator and the Director; the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; and the Director agrees with the modification, based on the professional expertise of the Director regarding the protection of the resources, values, and visitor use and enjoyment of the park. 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 without further environmental process beyond that described in this paragraph, if— adequate information on the proposed operations of the operator is provided to the Administrator and the Director by the operator making the request; the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; and the Director agrees, based on the Director’s professional expertise regarding the protection of park resources and values and visitor use and enjoyment. 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. 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) Commercial Air Tour Operator Reports.— Each commercial air tour operator conducting a commercial air tour operation over a national park under interim operating authority granted under subsection (c) or in accordance with an air tour management plan or voluntary agreement under subsection (b) shall submit to the Administrator and the Director a report regarding the number of commercial air tour operations over each national park that are conducted by the operator and such other information as the Administrator and Director may request in order to facilitate administering the provisions of this section. Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator and the Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and the Director with a frequency and in a format prescribed by the Administrator and the Director.

(e) Exemptions.— This section shall not apply to— the Grand Canyon National Park; or tribal lands within or abutting the Grand Canyon National Park.

(f) 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. For purposes of this subsection, an air tour operator flying over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route.

(g) Definitions.— In this section, the following definitions apply: The term “commercial air tour operator” means any person who conducts a commercial air tour operation over a national park. 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. The term “new entrant commercial air tour operator” means a commercial air tour operator that— applies for operating authority as a commercial air tour operator for a national park or tribal lands; and 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. The term “commercial air tour operation over a national park” 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 ½ mile outside the boundary of any national park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park), during which the aircraft flies— 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 less than 1 mile laterally from any geographic feature within the park (unless more than ½ mile outside the boundary). In making a determination of whether a flight is a commercial air tour operation over a national park for purposes of this section, the Administrator may consider— whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire; 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; the area of operation; the frequency of flights conducted by the person offering the flight; the route of flight; the inclusion of sightseeing flights as part of any travel arrangement package offered by the person offering the flight; whether the flight would have been canceled based on poor visibility of the surface below the route of the flight; and any other factors that the Administrator and the Director consider appropriate. The term “national park” means any unit of the National Park System. 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. The term “Administrator” means the Administrator of the Federal Aviation Administration. The term “Director” means the Director of the National Park Service.

“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— the Federal Aviation Administration has sole authority to control airspace over the United States; 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; 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; 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; 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 this title reflects the recommendations made by that Group.

“SEC. 803 AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

(“(a) In General.—

(“(b) Conforming Amendment.—

(“(c) Compliance With Other Regulations.— For purposes of section 40128 of title 49 , United States Code— regulations issued by the Secretary of Transportation and the Administrator [of the Federal Aviation Administration] under section 3 of Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]); and 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— tours of the Grand Canyon originating in Clark County, Nevada; and ‘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— the statutory mandate imposed upon the Secretary of the Interior and the Administrator of the Federal Aviation Administration under Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]) to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park; and 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.— The advisory group shall be composed of— a balanced group of— representatives of general aviation; representatives of commercial air tour operators; representatives of environmental concerns; and representatives of Indian tribes; a representative of the Federal Aviation Administration; and a representative of the National Park Service. The Administrator (or the designee of the Administrator) and the Director (or the designee of the Director) shall serve as ex officio members. 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— on the implementation of this title and the amendments made by this title; 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; on other measures that might be taken to accommodate the interests of visitors to national parks; and 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; Chapter 10 of Title 5, United States Code.— 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. The Federal Aviation Administration and the National Park Service shall jointly furnish to the advisory group clerical and other assistance. Section 1013 of title 5 , United States Code, 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— 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 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.”

“SECTION 1 STUDY OF PARK OVERFLIGHTS.

(“(a) Study by Park Service.— The Secretary of the Interior (hereinafter referred to as the ‘Secretary’), acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration (hereinafter referred to as the ‘Administrator’), shall provide technical assistance to the Secretary in carrying out the study.

(“(b) General Requirements of Study.— The study shall identify any problems associated with overflight by aircraft of units of the National Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse impacts from aircraft overflights exist.

(“(c) Specific Requirements.— The study under this section shall include research at the following units of the National Park System: Cumberland Island National Seashore, Yosemite National Park, Hawaiʻi Volcanoes National Park, Haleakala̅ National Park, Glacier National Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the following: the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters; the impairment of visitor enjoyment associated with flights over such units of the National Park System; other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting. Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units.

(“(d) Report to Congress.— The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [ Aug. 18, 1987 ] containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating to such adverse effects. The final report shall include a finding by the Administrator that implementation of the recommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes the Secretary’s recommendations will have an adverse effect on the safety of aircraft operations.

(“(e) FAA Review of Rules.— The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days after the identification of the units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement any such changes.

(“(f) Authorization.— There are authorized to be appropriated such sums as may be necessary to carry out the studies and review under this section.

“SEC. 2

(“(a) Yosemite National Park.— During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes of this subsection, the term ‘surface’ refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with respect to Yosemite Valley such term refers to the upper-most rim of the valley.

(“(b) Haleakala̅ National Park.— During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following areas in Haleakala̅ National Park: Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint.

(“(c) Study and Review Periods.— For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act [ Aug. 18, 1987 ] and prior to the submission of the report under section 1. The review period shall comprise a 2-year period for Congressional review after the submission of the report to Congress.

(“(d) Exceptions.— The prohibitions contained in subsections (a) and (b) shall not apply to any of the following: emergency situations involving the protection of persons or property, including aircraft; search and rescue operations; flights for purposes of firefighting or for required administrative purposes; and compliance with instructions of an air traffic controller.

(“(e) Enforcement.— For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(b) ]. To provide information to pilots regarding the restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [ Aug. 18, 1987 ].

“SEC. 3 GRAND CANYON NATIONAL PARK.

(“(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users.

(“(b) Recommendations.— Within 30 days after the enactment of this Act [ Aug. 18, 1987 ], the Secretary shall submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator, after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph. Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon. The plan shall, by appropriate regulation, implement the recommendations of the Secretary without change unless the Administrator determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination, in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised recommendations in the plan. In addition to the Administrator’s authority to implement such regulations under the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under such rules and regulations applicable to the units of the National Park System as he deems appropriate. Within 2 years after the effective date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing— whether the plan has succeeded in substantially restoring the natural quiet in the park; and such other matters, including possible revisions in the plan, as may be of interest. The report shall include comments by the Administrator regarding the effect of the plan’s implementation on aircraft safety.

(“(c) Helicopter Flights of River Runners.— Subsection (b) shall not prohibit the flight of helicopters— which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip.

“SEC. 4 BOUNDARY WATERS CANOE AREA WILDERNESS.

“The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 ( 92 Stat. 1649–1659 ) for a period of not less than 180 days beginning within 60 days of enactment of this Act [ Aug. 18, 1987 ]. In addition to any actions the Administrator may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness.

“SEC. 5 ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.

(“(a) Assessment by Forest Service.— The Chief of the Forest Service (hereinafter referred to as the ‘Chief’) shall conduct an assessment to determine what, if any, adverse impacts to wilderness resources are associated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska.

(“(b) Report to Congress.— The Chief shall submit a report to Congress within 2 years after enactment of this Act [ Aug. 18, 1987 ] containing the results of the assessments carried out under this section.

(“(c) Authorization.— Effective October 1, 1987 , there are authorized to be appropriated such sums as may be necessary to carry out the assessment under this section.

“SEC. 6 CONSULTATION WITH FEDERAL AGENCIES.

“In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land.”

§ 40129 Collaborative decisionmaking pilot program

(a) Establishment.— Not later than 90 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a collaborative decisionmaking pilot program in accordance with this section.

(b) Duration.— Except as provided in subsection (k), the pilot program shall be in effect for a period of 2 years.

(c) Guidelines.— The Administrator, with the concurrence of the Attorney General, shall issue guidelines concerning the pilot program. Such guidelines, at a minimum, shall— define a capacity reduction event; establish the criteria and process for determining when a capacity reduction event exists that warrants the use of collaborative decisionmaking among carriers at airports participating in the pilot program; and prescribe the methods of communication to be implemented among carriers during such an event. The Administrator may obtain the views of interested parties in issuing the guidelines.

(d) Effect of Determination of Existence of Capacity Reduction Event.— Upon a determination by the Administrator that a capacity reduction event exists, the Administrator may authorize air carriers and foreign air carriers operating at an airport participating in the pilot program to communicate for a period of time not to exceed 24 hours with each other concerning changes in their respective flight schedules in order to use air traffic capacity most effectively. The Administration shall facilitate and monitor such communication. The Attorney General, or the Attorney General’s designee, may monitor such communication.

(e) Selection of Participating Airports.— Not later than 30 days after the date on which the Administrator establishes the pilot program, the Administrator shall select 2 airports to participate in the pilot program from among the most capacity-constrained airports in the Nation based on the Administration’s Airport Capacity Benchmark Report 2001 or more recent data on airport capacity that is available to the Administrator. The Administrator shall select an airport for participation in the pilot program if the Administrator determines that collaborative decisionmaking among air carriers and foreign air carriers would reduce delays at the airport and have beneficial effects on reducing delays in the national airspace system as a whole.

(f) Eligibility of Air Carriers.— An air carrier or foreign air carrier operating at an airport selected to participate in the pilot program is eligible to participate in the pilot program if the Administrator determines that the carrier has the operational and communications capability to participate in the pilot program.

(g) Modification or Termination of Pilot Program at an Airport.— The Administrator, with the concurrence of the Attorney General, may modify or end the pilot program at an airport before the term of the pilot program has expired, or may ban an air carrier or foreign air carrier from participating in the program, if the Administrator determines that the purpose of the pilot program is not being furthered by participation of the airport or air carrier or if the Secretary of Transportation, with the concurrence of the Attorney General, finds that the pilot program or the participation of an air carrier or foreign air carrier in the pilot program has had, or is having, an adverse effect on competition among carriers.

(h) Antitrust Immunity.— Unless, within 5 days after receiving notice from the Secretary of the Secretary’s intention to exercise authority under this subsection, the Attorney General submits to the Secretary a written objection to such action, including reasons for such objection, the Secretary may exempt an air carrier’s or foreign air carrier’s activities that are necessary to participate in the pilot program under this section from the antitrust laws for the sole purpose of participating in the pilot program. Such exemption shall not extend to any discussions, agreements, or activities outside the scope of the pilot program. In this section, the term “antitrust laws” has the meaning given that term in the first section of the Clayton Act ( 15 U.S.C. 12 ).

(i) Consultation With Attorney General.— The Secretary shall consult with the Attorney General regarding the design and implementation of the pilot program, including determining whether a limit should be set on the number of occasions collaborative decisionmaking could be employed during the initial 2-year period of the pilot program.

(j) Evaluation.— Before the expiration of the 2-year period for which the pilot program is authorized under subsection (b), the Administrator shall determine whether the pilot program has facilitated more effective use of air traffic capacity and the Secretary, with the concurrence of the Attorney General, shall determine whether the pilot program has had an adverse effect on airline competition or the availability of air services to communities. The Administrator shall also examine whether capacity benefits resulting from the participation in the pilot program of an airport resulted in capacity benefits to other parts of the national airspace system. The Administrator may require participating air carriers and airports to provide data necessary to evaluate the pilot program’s impact.

(k) Extension of Pilot Program.— At the end of the 2-year period for which the pilot program is authorized, the Administrator, with the concurrence of the Attorney General, may continue the pilot program for an additional 2 years and expand participation in the program to up to 7 additional airports if the Administrator determines pursuant to subsection (j) that the pilot program has facilitated more effective use of air traffic capacity and if the Secretary, with the concurrence of the Attorney General, determines that the pilot program has had no adverse effect on airline competition or the availability of air services to communities. The Administrator shall select the additional airports to participate in the extended pilot program in the same manner in which airports were initially selected to participate.

§ 40130 FAA authority to conduct criminal history record checks

(a) Criminal History Background Checks.— The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized— to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 ( 34 U.S.C. 40316 ); and to receive relevant criminal history record information regarding the airman checked. In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes. The Administrator may not use the authority under paragraph (1) to conduct criminal investigations. The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.

(b) Designated Employees.— The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).

§ 40131 National airspace system cyber threat management process

(a) Establishment.— The Administrator of the Federal Aviation Administration, in consultation with the heads of other agencies as the Administrator determines necessary, shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of air navigation services provided by the Administration.

(b) Issues To Be Addressed.— In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum— monitor the national airspace system for significant cybersecurity incidents; in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines; conduct national airspace system cyber incident analyses; create a cyber common operating picture for the national airspace system cyber environment; coordinate national airspace system significant cyber incident responses with other appropriate Federal agencies; track significant cyber incident detection, response, mitigation implementation, recovery, and closure; establish a process, or utilize existing processes, to share relevant significant cyber incident data related to the national airspace system; facilitate significant cybersecurity reporting, including through the Cybersecurity and Infrastructure Agency; and consider any other matter the Administrator determines appropriate.

(c) Definitions.— In this section: The term “cyber common operating picture” means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact. The term “cyber environment” means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers. The term “cyber incident” means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of— the national airspace system; civil aircraft; or aeronautical products and articles. The term “cyber threat” means the threat of an action that, if carried out, would constitute a cyber incident or an electronic attack. The term “electronic attack” means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing. The term “significant cyber incident” means a cyber incident, or a group of related cyber incidents, that the Administrator determines is likely to result in demonstrable harm to the national airspace system of the United States.

§ 40132 National strategic plan for aviation workforce development

(a) In General.— Not later than September 30, 2025 , the Secretary of Transportation shall, in consultation with other Federal agencies and the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Council (in this section referred to as the “CAREER Council”) established in subsection (c), establish and maintain a national strategic plan to improve recruitment, hiring, and retention and address projected challenges in the civil aviation workforce, including— any short-term, medium-term, and long-term workforce challenges relevant to the economy, workforce readiness, and priorities of the United States aviation sector; any existing or projected workforce shortages; and any workforce situation or condition that warrants special attention by the Federal Government.

(b) Requirements.— The national strategic plan described in subsection (a) shall— take into account the activities and accomplishments of all Federal agencies that are related to carrying out such plan; include recommendations for carrying out such plan; and project and identify, on an annual basis, aviation workforce challenges, including any applicable workforce shortages.

(c) Career Council.— Not later than September 30, 2025 , the Secretary, in consultation with the Administrator, shall establish a council comprised of individuals with expertise in the civil aviation industry to— assist with developing and maintaining the national strategic plan described in subsection (a); and provide advice to the Secretary, as appropriate, relating to the CAREER Program established under section 625 of the FAA Reauthorization Act of 2018, including as such advice relates to program administration and grant application selection, and support the development of performance metrics regarding the quality and outcomes of the Program. The CAREER Council shall be appointed by the Secretary from candidates nominated by national associations representing various sectors of the aviation industry, including— commercial aviation; general aviation; aviation labor organizations, including collective bargaining representatives of Federal Aviation Administration aviation safety inspectors, aviation safety engineers, and air traffic controllers; aviation maintenance, repair, and overhaul; aviation manufacturers; and unmanned aviation. Each council member appointed by the Secretary under paragraph (2) shall serve a term of 2 years.

(d) Nondelegation.— The Secretary may not delegate any of the authorities or responsibilities under this section to the Administrator of the Federal Aviation Administration.