49 U.S.C. § 44502
49 U.S.C. § 44502
| HISTORICAL AND REVISION NOTES PUB. L. 103-272 | ||
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 44502(a)(1) | 49 App.:1348(b) (1st sentence less cl. (3)). | Aug. 23, 1958, Pub. L. 85-726, §307(b) (1st sentence less cl. (3), 2d sentence), 72 Stat. 750; Jan. 12, 1983, Pub. L. 97-449, §4(c), 96 Stat. 2442. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89-670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97-449, §7(b), 96 Stat. 2444. | |
| 44502(a)(2) | 49 App.:2205(a)(3). | Sept. 3, 1982, Pub. L. 97-248, §506(a)(3), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100-223, §105(a)(1), (g)(1), 101 Stat. 1489, 1494. |
| 44502(a)(3) | 49 App.:1348(b) (2d sentence). | |
| 44502(b) | 49 App.:1349(a) (1st, 2d sentences). | Aug. 23, 1958, Pub. L. 85-726, §§308(a) (1st, 2d sentences), (b), 309, 1107, 72 Stat. 750, 751, 798. |
| 49 App.:1655(c)(1). | ||
| 44502(c)(1) | 49 App.:1349(b). | |
| 49 App.:1655(c)(1). | ||
| 44502(c)(2) | 49 App.:1350. | |
| 49 App.:1655(c)(1). | ||
| 44502(d) | 49 App.:1507. | |
| 44502(e) | 49 App.:1743. | Aug. 11, 1959, Pub. L. 86-154, 73 Stat. 333. |
| 44502(f) | 49 App.:2205 (notes). | Nov. 21, 1989, Pub. L. 101-164, §331, 103 Stat. 1097. |
| Nov. 5, 1990, Pub. L. 101-516, §324, 104 Stat. 2182. | ||
| Oct. 28, 1991, Pub. L. 102-143, §324, 105 Stat. 943. | ||
| Oct. 6, 1992, Pub. L. 102-388, §324, 106 Stat. 1547. | ||
PUB. L. 103-429This amends 49:44502(b) to clarify the restatement of 49 App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5, 1994 (Public Law 103-272 108 Stat. 1175).
PUB. L. 104-287, §5(75)(A) This amends 49:44502(c)(1) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272 108 Stat. 1175).
PUB. L. 104-287, §5(75)(B) This strikes 49:44502(e) and redesignates 49:44502(f) as 49:44502(e) because of the restatement of former 49:44502(e) as 49:40121.
EDITORIAL NOTES
AMENDMENTS2024-Subsec. (e)(1). Pub. L. 118-63, §728(a)(1), substituted "Subject to paragraph (4), an airport in a non-contiguous State" for "An airport".Subsec. (e)(3)(D). Pub. L. 118-63, §728(a)(2), added subpar. (D).Subsec. (e)(4). Pub. L. 118-63, §728(a)(3), added par. (4).2018-Subsec. (e). Pub. L. 115-254, §147(1), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration an instrument landing system (and associated approach lighting equipment and runway visual range equipment) that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system. The Administrator shall accept the system and operate and maintain it under criteria of the Administrator." Subsec. (f). Pub. L. 115-254, §147(2), added subsec. (f). 2000-Subsec. (a)(4)(B). Pub. L. 106-181, §153, substituted "each of fiscal years 2000 through 2002" for "each of fiscal years 1995 and 1996" and inserted "under new or existing contracts" after "including acquisition".Subsec. (a)(5). Pub. L. 106-181, §712, added par. (5).1996-Subsec. (c)(1). Pub. L. 104-287, §5(75)(A), substituted "To ensure" for "To ensure that". Subsecs. (e), (f). Pub. L. 104-287, §5(75)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: "(e) CONSENT OF CONGRESS.-Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility." 1994-Subsec. (a)(4). Pub. L. 103-305 added par. (4).Subsec. (b). Pub. L. 103-429 inserted "Government" before "money may be expended".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118-63, title VII, §728(b), May 16, 2024, 138 Stat. 1271, as amended by Pub. L. 118-83, div. B, title I, §114, Sept. 26, 2024, 138 Stat. 1537, provided that: "The amendments made by this section [amending this section] shall take effect beginning on December 20, 2024."
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181 set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103-429 effective July 5, 1994, see section 9 of Pub. L. 103-429 set out as a note under section 321 of this title.
DIRECT-HIRE AUTHORITY UTILIZATION Pub. L. 118-63, title IV, §428, May 16, 2024, 138 Stat. 1170, provided that:"(a) IN GENERAL.-The Administrator [of the Federal Aviation Administration] shall utilize direct hire authorities (as such authorities existed on the day before the date of enactment of this Act [May 16, 2024]) to hire individuals on a non-competitive basis for positions related to aircraft certification and aviation safety. In utilizing such authorities, the Administrator shall take into consideration any staffing gaps in the safety workforce of the FAA [Federal Aviation Administration], including in positions supporting the safe integration of unmanned aircraft systems and other new airspace entrants."(b) CONGRESSIONAL BRIEFING.-Not later than 180 days after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall brief 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] on the-"(1) utilization of the Administrator's direct-hire authorities described in subsection (a);"(2) utilization of the Administrator's direct-hire authorities with respect to the Unmanned Aircraft System Collegiate Training Initiative of the FAA; and "(3) number of employees hired as a result of the utilization of such authorities by the Administrator, the relevant lines of business or offices in which such employees were hired, and the occupational series of the positions filled."
AIRPORT DIAGRAM TERMINOLOGY Pub. L. 118-63, title VII, §749, May 16, 2024, 138 Stat. 1283, provided that:"(a) IN GENERAL.-The Administrator [of the Federal Aviation Administration] shall update Airport Diagram Order JO 7910.4 and any related advisory circulars, policy, and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots."(b) COLLABORATION.-In carrying out subsection (a), the Administrator shall collaborate with industry stakeholders, commercial service airports, and general aviation airports in- "(1) facilitating basic standardization of general aviation parking terms;"(2) accounting for the majority of uses of general aviation parking terms; and"(3) providing clarity for chart users."(c) IAC SPECIFICATIONS.-The Administrator shall encourage the Interagency Air Committee to incorporate the terms developed pursuant to subsection (a) in publications produced by the Committee."
PILOT PROGRAM FOR UAS INSPECTIONS OF FAA INFRASTRUCTURE Pub. L. 118-63, title IX, §911, May 16, 2024, 138 Stat. 1347, provided that:"(a) IN GENERAL.-Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall initiate a pilot program to supplement inspection and oversight activities of the Department of Transportation with unmanned aircraft systems to increase employee safety, enhance data collection, increase the accuracy of inspections, reduce costs, and for other purposes the Secretary considers to be appropriate."(b) GROUND-BASED AVIATION INFRASTRUCTURE.-In participating in the program under subsection (a), the Administrator [of the Federal Aviation Administration] shall evaluate the use of unmanned aircraft systems to inspect ground-based aviation infrastructure that may require visual inspection in hard-to-reach areas, including-"(1) navigational aids;"(2) air traffic control towers;"(3) radar facilities; "(4) communication facilities; and"(5) other air traffic control facilities."(c) COORDINATION.-In carrying out subsection (b), the Administrator shall consult with the labor union certified under section 7111 of title 5, United States Code, to represent personnel responsible for the inspection of the ground-based aviation infrastructure."(d) BRIEFING.-Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under this section, the Secretary shall provide to 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 briefing on the status and results of the pilot program established under subsection (a), including-"(1) cost savings;"(2) a description of how unmanned aircraft systems were used to supplement existing inspection, data collection, or oversight activities of Department employees, including the number of operations and types of activities performed; "(3) efficiency or safety improvements, if any, associated with the use of unmanned aircraft systems to supplement conventional inspection, data collection, or oversight activities;"(4) the fleet of unmanned aircraft systems maintained by the Department for the program, or an overview of the services used as part of the pilot program; and "(5) recommendations for improving the use or efficacy of unmanned aircraft systems to supplement the Department's inspection, data collection, or oversight activities."(e) SUNSET AND INCORPORATION INTO STANDARD PRACTICE.-"(1) SUNSET.-The pilot program established under subsection (a) and the briefing requirement under subsection (d) shall terminate on the date that is 4 years after the date of enactment of this Act [May 16, 2024]."(2) INCORPORATION INTO STANDARD PRACTICE.-Upon termination of the pilot program under this section, the Secretary shall assess the results and determine whether to permanently incorporate the use of unmanned aircraft systems into the regular inspection, data collection, and oversight activities of the Department. "(3) REPORT TO CONGRESS.-Not later than 9 months after the termination of the pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the final results of the pilot program and the actions taken by the Administrator under paragraph (2)."[For definition of "unmanned aircraft system" as used in section 911 of Pub. L. 118-63 set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118-63 which is set out as a note below.]
HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE AIR TRAFFIC CONTROL FACILITIES Pub. L. 112-95, title V, §508, Feb. 14, 2012, 126 Stat. 106, provided that: "The Administrator of the Federal Aviation Administration may implement, to the extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption at, improve the environmental performance of, and reduce the cost of maintenance for such facilities."
STRATEGY FOR STAFFING, HIRING, AND TRAINING FLIGHT STANDARDS AND AIRCRAFT CERTIFICATION STAFF Pub. L. 116-6, 133 Stat. 401, provided in part: "That not later than March 31 of each fiscal year hereafter, the Administrator [of the Federal Aviation Administration] shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year". Similar provisions were contained in the following appropriation acts: Pub. L. 118-42, 138 Stat. 307. Pub. L. 117-328, 136 Stat. 5102. Pub. L. 117-103, 136 Stat. 691. Pub. L. 116-260, 134 Stat. 1830. Pub. L. 116-94, 133 Stat. 2940. Pub. L. 115-141, 132 Stat. 977. Pub. L. 115-31, 131 Stat. 730. Pub. L. 114-113, 129 Stat. 2839. Pub. L. 113-235, 128 Stat. 2700. Pub. L. 113-76, 128 Stat. 578. Pub. L. 112-55, 125 Stat. 646. Pub. L. 111-117, 123 Stat. 3040.
PILOT PROGRAM FOR INNOVATIVE FINANCING OF AIR TRAFFIC CONTROL EQUIPMENT Pub. L. 108-176, title I, §182, Dec. 12, 2003, 117 Stat. 2515, as amended by Pub. L. 113-188, title XV, §1501(d), Nov. 26, 2014, 128 Stat. 2024, provided that:"(a) IN GENERAL.-In order to test the cost effectiveness and feasibility of long-term financing of modernization of major air traffic control systems, the Administrator of the Federal Aviation Administration may establish a pilot program to test innovative financing techniques through amending, subject to section 1341 of title 31, United States Code, a contract for more than one, but not more than 20, fiscal years to purchase and install air traffic control equipment for the Administration. Such amendments may be for more than one, but not more than 10, fiscal years."(b) CANCELLATION.-A contract described in subsection (a) may include a cancellation provision if the Administrator determines that such a provision is necessary and in the best interest of the United States. Any such provision shall include a cancellation liability schedule that covers reasonable and allocable costs incurred by the contractor through the date of cancellation plus reasonable profit, if any, on those costs. Any such provision shall not apply if the contract is terminated by default of the contractor."(c) CONTRACT PROVISIONS.-If feasible and practicable for the pilot program, the Administrator may make an advance contract provision to achieve economic-lot purchases and more efficient production rates."(d) LIMITATION.-The Administrator may not amend a contract under this section until the program for the terminal automation replacement systems has been rebaselined in accordance with the acquisition management system of the Administration."(e) FUNDING.-Out of amounts appropriated under section 48101 [probably means section 48101 of title 49, United States Code] for fiscal year 2004, such sums as may be necessary shall be available to carry out this section."
ENHANCED VISION TECHNOLOGIES Pub. L. 106-181, title I, §124, Apr. 5, 2000, 114 Stat. 75, provided that:"(a) STUDY.-The Administrator [of the Federal Aviation Administration] shall enter into a cooperative research and development agreement to study the benefits of utilizing enhanced vision technologies to replace, enhance, or add to conventional airport approach and runway lighting systems."(b) REPORT.-Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a progress report on the work accomplished under the cooperative agreements detailing the evaluations performed to determine the potential of enhanced vision technology to meet the operational requirements of the intended application."(c) CERTIFICATION.-Not later than 180 days after the conclusion of work under the research agreements, the Administrator shall transmit to Congress a report on the potential of enhanced vision technology to satisfy the operational requirements of the Federal Aviation Administration and a schedule for the development of performance standards for certification appropriate to the application of the enhanced vision technologies. If the Administrator certifies an enhanced vision technology as meeting such performance standards, the technology shall be treated as a navigation aid or other aid for purposes of section 47102(3)(B)(i) of title 49, United States Code."
TRANSFER BY AIRPORTS OF INSTRUMENT LANDING SYSTEMS AND ASSOCIATED EQUIPMENT TO FEDERAL AVIATION ADMINISTRATION Pub. L. 109-115, div. A, title I, §101, Nov. 30, 2005, 119 Stat. 2401, which provided that airports may transfer to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant, provided that the FAA accept such equipment and operate and maintain it in accordance with agency criteria, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108-447, div. H, title I, §101, Dec. 8, 2004, 118 Stat. 3203. Pub. L. 108-199, div. F, title I, §101, Jan. 23, 2004, 118 Stat. 284. Pub. L. 108-7, div. I, title III, §313, Feb. 20, 2003, 117 Stat. 410. Pub. L. 107-87, title III, §313, Dec. 18, 2001, 115 Stat. 858. Pub. L. 106-346, §101(a) [title III, §314], Oct. 23, 2000, 114 Stat. 1356, 1356A-27. Pub. L. 106-69, title III, §314, Oct. 9, 1999, 113 Stat. 1018. Pub. L. 105-277, div. A, §101(g) [title III, §314], Oct. 21, 1998, 112 Stat. 2681-439, 2681-468. Pub. L. 105-66, title III, §314, Oct. 27, 1997, 111 Stat. 1443. Pub. L. 104-205, title III, §314, Sept. 30, 1996, 110 Stat. 2971. Pub. L. 104-50, title III, §317, Nov. 15, 1995, 109 Stat. 455. Pub. L. 103-331, title III, §317, Sept. 30, 1994, 108 Stat. 2491, repealed by Pub. L. 104-287, §7(4), Oct. 11, 1996, 110 Stat. 3400.
COST SAVINGS ASSOCIATED WITH PURCHASE Pub. L. 103-305, title I, §120(b), Aug. 23, 1994, 108 Stat. 1581, provided that: "Notwithstanding other provisions of law or regulations to the contrary, the Administrator [of the Federal Aviation Administration] shall establish, within 120 days after the date of the enactment of this Act [Aug. 23, 1994], a process through which airport sponsors may take advantage of cost savings associated with the purchase and installation of instrument landing systems, along with associated equipment, under existing or future Federal Aviation Administration contracts. The process established by the Administrator may provide for the direct reimbursement (including administrative costs) of the Administrator by an airport sponsor using grants funds under subchapter I of chapter 471 of subtitle VII of title 49, United States Code, relating to airport improvement, for the ordering of such equipment and installation or for the direct ordering of such equipment and installation by an airport sponsor, using such grant funds, from the suppliers with which the Administrator has contracted."
GRANDFATHER PROVISION FOR FAA DEMONSTRATION PROJECT Pub. L. 103-260, title IV, §401, May 26, 1994, 108 Stat. 702, provided that:"(a) IN GENERAL.-Notwithstanding the termination of the personnel demonstration project for certain Federal Aviation Administration employees on June 17, 1994, pursuant to section 4703 of title 5, United States Code, the Federal Aviation Administration, subject to subsection (d), shall continue to pay quarterly retention allowance payments in accordance with subsection (b) to those employees who are entitled to quarterly retention allowance payments under the demonstration project as of June 16, 1994."(b) COMPUTATION RULES.-"(1) IN GENERAL.-The amount of each quarterly retention allowance payment to which an employee is entitled under subsection (a) shall be the amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994, reduced by that portion of the amount of any increase in the employee's annual rate of basic pay subsequent to June 17, 1994, from any source, which is allocable to the quarter for which the allowance is to be paid (or, if applicable, to that portion of the quarter for which the allowance is to be paid). For purposes of the preceding sentence, the increase in an employee's annual rate of basic pay includes-"(A) any increase under section 5303 of title 5, United States Code;"(B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or to the extent that, such increase is offset by a reduction of an interim geographic adjustment under section 302 of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note)); "(C) any establishment or increase in a special rate of pay under section 5305 of such title 5;"(D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5; "(E) any periodic step-increase under section 5335 of such title 5;"(F) any additional step-increase under section 5336 of such title 5; and"(G) any other increase in annual rate of basic pay under any other provision of law."(2) SECTION RULE.-In the case of an employee on leave without pay or other similar status for any part of the quarter prior to June 17, 1994, based on which the amount of the allowance payments for such employee under subsection (a) are computed, the 'amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994' shall, for purposes of paragraph (1), be deemed to be the amount of the allowance which would have been payable to such employee for such quarter under such project had such employee been in pay status throughout such quarter."(c) TERMINATION.-An employee's entitlement to quarterly retention allowance payments under this section shall cease when-"(1) the amount of such allowance is reduced to zero under subsection (b), or"(2) the employee separates or moves to a position in which the employee would not, prior to June 17, 1994, have been entitled to receive an allowance under the demonstration project,whichever is earlier."(d) SPECIAL PAYMENT RULE.-The Administrator of the Federal Aviation Administration may make payment for the costs incurred under the program established by subsection (a) for the period between June 18, 1994, and September 30, 1994, following the end of the first full pay period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995."(e) STUDY OF RECRUITMENT AND RETENTION INCENTIVES.-The Administrator of the Federal Aviation Administration shall conduct a study of impediments that may exist to achieving appropriate air traffic controller staffing levels at hard-to-staff facilities. In conducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days after the date of enactment of this Act [May 26, 1994] a report on (1) the results of such study, (2) planned administrative actions, and (3) any recommended legislation."
DEFINITIONS APPLICABLE IN PUB. L. 118-63 Pub. L. 118-63, title IX, §901, May 16, 2024, 138 Stat. 1341, provided that: "Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle [subtitle A (§§901-937) of title IX of Pub. L. 118-63 see Tables for classification]."