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49 U.S.C. § 44505 — Systems, procedures, facilities, services,

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49 U.S.C. § 44505 — Systems, procedures, facilities, services,

Page 1255 TITLE 49—TRANSPORTATION § 44505 2003], technologies to enable rotorcraft with the fol- lowing improvements relative to rotorcraft existing as of the date of the enactment of this Act: ‘‘(1) 80 percent reduction in noise levels on takeoff and on approach and landing as perceived by a human observer. ‘‘(2) Factor of 10 reduction in vibration. ‘‘(3) 30 percent reduction in empty weight. ‘‘(4) Predicted accident rate equivalent to that of fixed-wing aircraft in commercial service within 10 years after the date of the enactment of this Act. ‘‘(5) Capability for zero-ceiling, zero-visibility oper- ations. ‘‘(b) IMPLEMENTATION.—Within 180 days after the date of the enactment of this Act [Dec. 12, 2003], the Admin- istrator of the Federal Aviation Administration, in co- operation with the Administrator of the National Aero- nautics and Space Administration, shall provide a plan to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Rep- resentatives and to the Committee on Commerce, Science, and Transportation of the Senate for the im- plementation of the initiative described in subsection (a).’’ SPECIALTY METALS CONSORTIUM Pub. L. 106–181, title VII, § 742, Apr. 5, 2000, 114 Stat. 175, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] may work with a consortium of domestic metal producers and aircraft engine manu- facturers to improve the quality of turbine engine ma- terials and to address melting technology enhance- ments. ‘‘(b) REPORT.—Not later than 6 months after entering into an agreement with a consortium described in sub- section (a), the Administrator shall transmit to Con- gress a report on the goals and efforts of the consor- tium.’’ § 44505. Systems, pr

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Page 1255 TITLE 49—TRANSPORTATION § 44505 2003], technologies to enable rotorcraft with the fol- lowing improvements relative to rotorcraft existing as of the date of the enactment of this Act: ‘‘(1) 80 percent reduction in noise levels on takeoff and on approach and landing as perceived by a human observer. ‘‘(2) Factor of 10 reduction in vibration. ‘‘(3) 30 percent reduction in empty weight. ‘‘(4) Predicted accident rate equivalent to that of fixed-wing aircraft in commercial service within 10 years after the date of the enactment of this Act. ‘‘(5) Capability for zero-ceiling, zero-visibility oper- ations. ‘‘(b) IMPLEMENTATION.—Within 180 days after the date of the enactment of this Act [Dec. 12, 2003], the Admin- istrator of the Federal Aviation Administration, in co- operation with the Administrator of the National Aero- nautics and Space Administration, shall provide a plan to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Rep- resentatives and to the Committee on Commerce, Science, and Transportation of the Senate for the im- plementation of the initiative described in subsection (a).’’ SPECIALTY METALS CONSORTIUM Pub. L. 106–181, title VII, § 742, Apr. 5, 2000, 114 Stat. 175, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] may work with a consortium of domestic metal producers and aircraft engine manu- facturers to improve the quality of turbine engine ma- terials and to address melting technology enhance- ments. ‘‘(b) REPORT.—Not later than 6 months after entering into an agreement with a consortium described in sub- section (a), the Administrator shall transmit to Con- gress a report on the goals and efforts of the consor- tium.’’ § 44505. Systems, procedures, facilities, services, and devices (a) GENERAL REQUIREMENTS.—(1) The Adminis- trator of the Federal Aviation Administration shall— (A) develop, alter, test, and evaluate sys- tems, procedures, facilities, services, and de- vices, and define their performance character- istics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and (B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems. (2) The Administrator may make contracts to carry out this subsection without regard to sec- tion 3324(a) and (b) of title 31. (3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appro- priate military department has responsibility. The Administrator shall be given technical in- formation related to each research and develop- ment project of the armed forces that poten- tially applies to, or potentially conflicts with, the common system to ensure that potential ap- plication to the common system is considered properly and that potential conflicts with the system are eliminated. (b) RESEARCH ON HUMAN FACTORS AND SIMULA- TION MODELS.—The Administrator shall conduct or supervise research— (1) to develop a better understanding of the relationship between human factors and avia- tion accidents and between human factors and air safety; (2) to enhance air traffic controller, me- chanic, and flight crew performance; (3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews; (4) to identify innovative and effective cor- rective measures for human errors that ad- versely affect air safety; (5) to develop or procure dynamic simulation models and tools of the air traffic control sys- tem and airport design and operating proce- dures that will provide analytical tech- nology— (A) to predict airport and air traffic con- trol safety and capacity problems; (B) to evaluate planned research projects; and (C) to test proposed revisions in airport and air traffic control operations programs; (6) to develop a better understanding of the relationship between human factors and un- manned aircraft system safety; and (7) to develop or procure dynamic simulation models and tools for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national air- space system users. (c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND EFFICIENT SYSTEM.—The Adminis- trator shall conduct or supervise research on— (1) airspace and airport planning and design; (2) airport capacity enhancement tech- niques; (3) human performance in the air transpor- tation environment; (4) aviation safety and security; (5) the supply of trained air transportation personnel, including pilots and mechanics; and (6) other aviation issues related to devel- oping and maintaining a safe and efficient air transportation system. (d) RESEARCH ON DESIGN FOR CERTIFICATION.— (1) RESEARCH.—Not later than 1 year after the date of enactment of the FAA Moderniza- tion and Reform Act of 2012, the Adminis- trator shall conduct research on methods and procedures to improve both confidence in and the timeliness of certification of new tech- nologies for their introduction into the na- tional airspace system. (2) RESEARCH PLAN.—Not later than 6 months after the date of enactment of the FAA Mod- ernization and Reform Act of 2012, the Admin- istrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budg- etary profile. (3) REVIEW.—The Administrator shall enter into an arrangement with the National Re- search Council to conduct an independent re- view of the plan developed under paragraph (2) Page 1256 TITLE 49—TRANSPORTATION § 44505 and shall provide the results of that review to the Committee on Science, Space, and Tech- nology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of the FAA Modernization and Reform Act of 2012. (e) COOPERATIVE AGREEMENTS.—The Adminis- trator may enter into cooperative agreements on a cost-shared basis with Federal and non- Federal entities that the Administrator may se- lect in order to conduct, encourage, and promote aviation research, engineering, and develop- ment, including the development of prototypes and demonstration models. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1177; Pub. L. 103–305, title III, § 307, Aug. 23, 1994, 108 Stat. 1593; Pub. L. 112–95, title IX, §§ 903(b), 905, Feb. 14, 2012, 126 Stat. 138, 139; Pub. L. 118–63, title VI, § 618(b)(1), May 16, 2024, 138 Stat. 1231.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44505(a)(1) .. 49 App.:1353(c) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, § 312(c) (1st, 5th–last sen- tences), 72 Stat. 752. 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. 44505(a)(2) .. 49 App.:1353(c) (5th sentence). 49 App.:1655(c)(1). 44505(a)(3) .. 49 App.:1353(c) (6th, last sentences). 49 App.:1655(c)(1). 44505(b) ...... 49 App.:1353(c) (2d, 3d sentences). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 312(c) (2d, 3d sentences); added Nov. 3, 1988, Pub. L. 100–591, § 3, 102 Stat. 3011. 44505(c) ...... 49 App.:1353(c) (4th sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 312(c) (4th sentence); added Nov. 5, 1990, Pub. L. 101–508, § 9209(c), 104 Stat. 1388–378. In this section, the word ‘‘Administrator’’ in section 312(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g). In subsection (a)(1) and (3), the words ‘‘the armed forces’’ are substituted for ‘‘military agencies’’ and ‘‘the military’’ because of the definition of ‘‘armed forces’’ in 10:101. In subsection (a)(3), the words ‘‘military department’’ are substituted for ‘‘military agency’’ because of the definition of ‘‘military department’’ in 10:101. The words ‘‘the needs of’’ and ‘‘to the maximum extent nec- essary’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012. AMENDMENTS 2024—Pub. L. 118–63, § 618(b)(1)(A), substituted ‘‘serv- ices, and devices’’ for ‘‘and devices’’ in section catch- line. Subsec. (a)(1). Pub. L. 118–63, § 618(b)(1)(B), substituted ‘‘services, and devices’’ for ‘‘and devices’’ in subpars. (A) and (B). Subsec. (b)(5), (7). Pub. L. 118–63, § 618(b)(1)(C), sub- stituted ‘‘develop or procure dynamic simulation mod- els and tools’’ for ‘‘develop dynamic simulation mod- els’’. 2012—Subsec. (b)(6), (7). Pub. L. 112–95, § 903(b), added pars. (6) and (7). Subsecs. (d), (e). Pub. L. 112–95, § 905, added subsec. (d) and redesignated former subsec. (d) as (e). 1994—Subsec. (d). Pub. L. 103–305 added subsec. (d). Statutory Notes and Related Subsidiaries REDUCING TURBULENCE-RELATED INJURIES ON PART 121 AIRCRAFT OPERATIONS Pub. L. 118–63, title III, § 321, May 16, 2024, 138 Stat. 1083, provided that: ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall review the recommendations made by the Chair of the National Transportation Safety Board to the Ad- ministrator contained in the safety research report ti- tled ‘Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121’, issued on August 10, 2021 (NTSB/SS–21/01) and provide a briefing to the appro- priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] with any planned actions in response to the recommendations of the report. ‘‘(b) IMPLEMENTATION.—Not later than 3 years after the date of enactment of this Act, the Administrator shall implement, as appropriate, the recommendations in the safety research report described in subsection (a). ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than 2 years after com- pleting the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the implementation status of the recommendations in the safety research report described in subsection (a) until the earlier of— ‘‘(A) the date on which such recommendations have been adopted or adjudicated as described in paragraph (2); or ‘‘(B) the date that is 10 years after the date of en- actment of this Act. ‘‘(2) CONTENTS.—If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.’’ FLIGHT PROFILE OPTIMIZATION Pub. L. 118–63, title VI, § 609, May 16, 2024, 138 Stat. 1225, provided that: ‘‘(a) PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Administrator [of the Federal Aviation Administration] shall establish a pilot program to award grants to air traffic flow man- agement technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as ‘FPO’) into the trajec- tory based-operations air traffic flow management system of the FAA [Federal Aviation Administra- tion]. ‘‘(2) CONSIDERATIONS.—In establishing the pilot pro- gram under paragraph (1), the Administrator shall consider the following: ‘‘(A) The extent to which developed FPO capabili- ties may reduce strain on the national airspace sys- tem infrastructure while facilitating safe and effi- cient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft. ‘‘(B) The extent to which developed FPO capabili- ties may achieve environmental benefits and time savings. ‘‘(C) The perspectives of FAA employees respon- sible for air traffic flow management development projects, bilateral civil aviation regulatory part- Page 1257 TITLE 49—TRANSPORTATION § 44505 ners, and industry applicants on the performance of the FAA in carrying out air traffic flow manage- ment system development projects. ‘‘(D) Any other information the Administrator determines appropriate. ‘‘(3) APPLICATION.—To be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ‘‘(4) MAXIMUM AMOUNT.—A grant awarded under the program may not exceed $2,000,000 to a single air traf- fic flow management technology provider. ‘‘(b) BRIEFING TO CONGRESS.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and annually thereafter until the termination of the pilot program under subsection (d) established under this section, the Administrator shall brief the appro- priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the progress of such pilot program, including any implementation challenges of the program, detailed metrics of the program, and any recommendations to achieve the adoption of FPO. ‘‘(c) TRAJECTORY-BASED OPERATIONS DEFINED.—In this section, the term ‘trajectory-based operations’ means an air traffic flow management method for strategi- cally planning, managing, and optimizing flights that uses time-based management, performance-based navi- gation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements. ‘‘(d) SUNSET.—The pilot program under this section shall terminate on October 1, 2028.’’ AERONAUTICAL MOBILE COMMUNICATIONS SERVICES Pub. L. 118–63, title VI, § 613, May 16, 2024, 138 Stat. 1227, provided that: ‘‘(a) SATELLITE VOICE COMMUNICATIONS SERVICES.— The Administrator [of the Federal Aviation Adminis- tration] shall evaluate the addition of satellite voice communication services (in this section referred to as ‘SatVoice’) to the Aeronautical Mobile Communica- tions program (in this section referred to as the ‘AMCS program’) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace. ‘‘(b) ANALYSIS AND IMPLEMENTATION PROCEDURES.— Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall begin to develop the safety case analysis and implementation procedures for SatVoice instructions over the con- trolled oceanic and remote continental airspace regions of the FAA [Federal Aviation Administration]. ‘‘(c) REQUIREMENTS.—The analysis and implementa- tion procedures required under subsection (b) shall in- clude, at a minimum, the following: ‘‘(1) Network and protocol testing and integration with satellite service providers. ‘‘(2) Operational testing with aircraft to identify and resolve performance issues. ‘‘(3) A definition of Satcom Standards and Rec- ommended Practices established through a collabora- tion with the International Civil Aviation Organiza- tion, which shall include an RCP–130 performance standard as well as SatVoice standards. ‘‘(4) Training for radio operators on new operation procedures and protocols. ‘‘(5) A phased implementation plan for incor- porating SatVoice services into the AMCS program. ‘‘(6) The estimated cost of the implementation pro- cedures for relevant stakeholders. ‘‘(d) HF/VHF MINIMUM EQUIPAGE.— ‘‘(1) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to affect the HF/VHF equi- page requirement for communications in oceanic and remote continental airspace as of the date of enact- ment of this Act. ‘‘(2) MAINTENANCE OF HF/VHF SERVICES.—The Admin- istrator shall maintain HF/VHF services existing as of the date of enactment of this Act as minimum eq- uipage under the AMCS program to provide for auxil- iary communication and maintain safety in the event of a satellite outage.’’ DELIVERY OF CLEARANCE TO PILOTS VIA INTERNET PROTOCOL Pub. L. 118–63, title VI, § 614, May 16, 2024, 138 Stat. 1228, provided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall establish a pilot program to conduct testing and an evaluation to determine the feasibility of the use, in air traffic control towers, of technology for mobile clearance delivery for general aviation and on-demand air carriers operating under part 135 of title 14, Code of Federal Regulations, at suitable airports that do not have tower data link services. ‘‘(b) AIRPORT SELECTION.— ‘‘(1) IN GENERAL.—The Administrator shall des- ignate 5 suitable airports for participation in the pro- gram established under subsection (a) after consulta- tion with the exclusive representatives of air traffic controllers certified under section 7111 of title 5, United States Code, airport sponsors, aircraft and avionics manufacturers, MITRE, and aircraft opera- tors ‘‘(2) AIRPORT SIZE AND COMPLEXITY.—In designating airports under paragraph (1), the Administrator shall designate airports of different size and complexity. ‘‘(c) PROGRAM OBJECTIVE.—The program established under subsection (a) shall address and include safety, security, and operational requirements for mobile clearance delivery at airports and heliports across the United States. ‘‘(d) REPORT.—Not later than 1 year after the date on which the program under subsection (a) is established, the Administrator shall submit to the appropriate com- mittees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Rep- resentatives] a report on the safety, security, and oper- ational performance of mobile clearance delivery at airports pursuant to this section and recommendations on how best to improve the program. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) MOBILE CLEARANCE DELIVERY.—The term ‘mo- bile clearance delivery’ means the delivery of access to departure clearance and clearance cancellation via internet protocol via applications to pilots while air- craft are on the ground where traditional data link installations are not feasible or possible. ‘‘(2) TOWER DATA LINK SERVICES.—The term ‘tower data link services’ means communications between controllers and pilots using controller-pilot data link communications. ‘‘(3) SUITABLE AIRPORT.—The term ‘suitable airport’ means towered airports, non-towered airports, and heliports.’’ AUDIT OF LEGACY SYSTEMS Pub. L. 118–63, title VI, § 622, May 16, 2024, 138 Stat. 1237, provided that: ‘‘(a) IN GENERAL.—Not later than 120 days after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall initiate an audit of all legacy systems of the na- tional airspace system to determine the level of oper- ational risk, functionality, and security of such sys- tems and the compatibility of such systems with cur- rent and future technology. ‘‘(b) SCOPE OF AUDIT.—The audit required under sub- section (a)— ‘‘(1) shall be conducted by an independent third- party contractor or a federally funded research and development center selected by the Administrator; Page 1258 TITLE 49—TRANSPORTATION § 44505 ‘‘(2) shall include an assessment of whether a legacy system is an outdated, insufficient, unsafe, or unsta- ble legacy system; ‘‘(3) with respect to any legacy systems identified in the audit as an outdated, insufficient, unsafe, or unstable legacy system, shall include— ‘‘(A) an analysis of the operational risks associ- ated with using such legacy systems; ‘‘(B) recommendations for replacement or en- hancement of such legacy systems; and ‘‘(C) an analysis of any potential impact on avia- tion safety and efficiency; and ‘‘(4) shall include recommended performance metrics by which the Administrator can assess the circumstances in which safety-critical communica- tion, navigation, and surveillance aviation infra- structure within the national airspace system can re- main in operational service, which take into ac- count— ‘‘(A) the expected lifespan of such aviation infra- structure; ‘‘(B) the number and type of mechanical failures of such aviation infrastructure; ‘‘(C) the average annual costs of maintaining such aviation infrastructure over a 5-year period and whether such costs exceed the cost to replace such aviation infrastructure; and ‘‘(D) the availability of replacement parts or labor capable of maintaining such aviation infra- structure. ‘‘(c) DEADLINE.—Not later than 15 months after the date of enactment of this Act, the audit required under subsection (a) shall be completed. ‘‘(d) REPORT.—Not later than 180 days after the audit required under subsection (a) is completed, the Admin- istrator shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Trans- portation and Infrastructure of the House of Represent- atives] a report on the findings and recommendations of such audit, including— ‘‘(1) an inventory of the legacy systems in use; ‘‘(2) an assessment of the operational condition of the legacy systems in use, including the interoper- ability of such systems; ‘‘(3) the average age of such legacy systems and, for each such legacy system, the intended design life of the system, by type; and ‘‘(4) the availability of replacement parts, equip- ment, or technology to maintain such legacy sys- tems. ‘‘(e) PLAN TO ACCELERATE DRAWDOWN, REPLACEMENT, OR ENHANCEMENT OF IDENTIFIED LEGACY SYSTEMS.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date on which the Administrator provides the report under subsection (d), the Administrator shall develop and implement a plan, in consultation with industry representatives, to accelerate the drawdown, replace- ment, or enhancement of any legacy systems that are identified in the audit required under subsection (a) as outdated, insufficient, unsafe, or unstable legacy systems. ‘‘(2) PRIORITIES.—In developing the plan under para- graph (1), the Administrator shall prioritize the draw- down, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to aviation safety and the costs associ- ated with the replacement or enhancement of such legacy systems. ‘‘(3) COLLABORATION WITH EXTERNAL EXPERTS.—In carrying out this subsection, the Administrator shall— ‘‘(A) collaborate with industry representatives and other external experts in information tech- nology to develop the plan under paragraph (1) within a reasonable timeframe; ‘‘(B) identify technologies in existence or in de- velopment that, with or without adaptation, are ex- pected to be suitable to meet the technical infor- mation technology needs of the FAA [Federal Avia- tion Administration]; and ‘‘(C) maintain consistency with the acquisition management system established and updated pursu- ant to section 40110(d) of title 49, United States Code. ‘‘(4) PROGRESS UPDATES.—The Administrator shall provide the appropriate committees of Congress with semiannual updates through September 30, 2028 on the progress made in carrying out the plan under paragraph (1). ‘‘(5) INSPECTOR GENERAL REVIEW.— ‘‘(A) IN GENERAL.—Not later than 3 years after the Administrator develops the plan required under paragraph (1), the inspector general of the Depart- ment of Transportation shall assess such efforts of the Administration to drawdown, replace, or en- hance any legacy systems identified under sub- section (a). ‘‘(B) REPORT.—The inspector general shall submit to the appropriate committees of Congress a report on the results of the review carried out under sub- paragraph (A). ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) INDUSTRY.—The term ‘industry’ means aviation industry organizations with expertise in aviation- dedicated network systems, systems engineering platforms, aviation software services, air traffic man- agement, flight operations, and International Civil Aviation Organization standards. ‘‘(2) LEGACY SYSTEM.—The term ‘legacy system’ means any communication, navigation, surveillance, or automation or network applications or ground- based aviation infrastructure, or other critical soft- ware and hardware systems owned by the FAA, that were deployed prior to the year 2000, including the Notice to Air Missions system. ‘‘(3) OUTDATED, INSUFFICIENT, UNSAFE, OR UNSTABLE LEGACY SYSTEM.—The term ‘outdated, insufficient, unsafe, or unstable legacy system’ means a legacy system for which the likelihood of failure of such sys- tem creates a risk to air safety or security due to the age, ability to be maintained in a cost-effective man- ner, vulnerability to degradation, errors, or malicious attacks of such system, or any other factors that may compromise the performance or security of such system, including a legacy system— ‘‘(A) that is vulnerable or susceptible to mechan- ical failure; and ‘‘(B) with a risk of a single point of failure or that lacks sufficient contingencies in the event of such failure.’’ RADAR DATA PILOT PROGRAM Pub. L. 118–63, title IX, § 905, May 16, 2024, 138 Stat. 1341, provided that: ‘‘(a) SENSITIVE RADAR DATA FEED PILOT PROGRAM.— Not later than 270 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Fed- eral Aviation Administration], in coordination with the Secretary of Defense, and other heads of relevant Fed- eral agencies, shall establish a pilot program to make airspace data feeds containing controlled unclassified information available to qualified users (as determined by the Administrator), consistent with subsection (b). ‘‘(b) AUTHORIZATION.—In carrying out subsection (a), the Administrator, in coordination with the Secretary of Defense and other heads of relevant Federal agen- cies, shall establish a process to authorize qualified users to receive airspace data feeds containing con- trolled unclassified information related to air traffic within the national airspace system and use such infor- mation in an agreed upon manner to— ‘‘(1) provide and enable— ‘‘(A) air traffic management services; and ‘‘(B) unmanned aircraft system traffic manage- ment services; or ‘‘(2) to test technologies that may enable or en- hance the provision of the services described in para- graph (1). ‘‘(c) CONSULTATION.—In establishing the process de- scribed in subsection (b), the Administrator shall con- Page 1259 TITLE 49—TRANSPORTATION § 44505 sult with representatives of the unmanned aircraft sys- tems industry and related technical groups to identify an efficient, secure, and effective format and method for providing data described in this section. ‘‘(d) BRIEFING.—Not later than 90 days after estab- lishing the pilot program under subsection (a), and an- nually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress [Com- mittee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and In- frastructure of the House of Representatives] on the findings of the pilot program established under this section. ‘‘(e) SUNSET.—This section shall cease to be effective on October 1, 2028.’’ [For definition of ‘‘unmanned aircraft system’’ as used in section 905 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 under section 44502 of this title.] RESEARCH AND DEVELOPMENT OF FAA’S AERO- NAUTICAL INFORMATION SYSTEMS MODERNIZATION AC- TIVITIES Pub. L. 118–63, title X, § 1016, May 16, 2024, 138 Stat. 1395, provided that: ‘‘(a) IN GENERAL.—Using amounts made available under section 48102(a) of title 49, United States Code, and subject to the availability of appropriations, the Administrator [of the Federal Aviation Administra- tion], in coordination with the John A. Volpe National Transportation Systems Center, shall establish a re- search and development program, not later than 60 days after the date of enactment of this Act [May 16, 2024], to inform the continuous modernization of the aeronautical information systems of the FAA [Federal Aviation Administration], including— ‘‘(1) the Aeronautical Information Management Modernization, including the Notice to Air Missions system of the FAA; ‘‘(2) the Aviation Safety Information Analysis and Sharing system; and ‘‘(3) the Service Difficulty Reporting System. ‘‘(b) REVIEW AND REPORT.— ‘‘(1) REVIEW.—Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct and complete a review of planned and ongoing mod- ernization efforts of the aeronautical information systems of the FAA. Such review shall identify op- portunities for additional coordination between the Administrator and the John A. Volpe National Trans- portation Systems Center to further modernize such systems. ‘‘(2) REPORT.—Not later than 1 year after the Ad- ministrator enters into the agreement with the cen- ter under paragraph (1), the Center shall submit to the Administrator, the covered committees of Con- gress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Sen- ate], and the Committee on Transportation and Infra- structure of the House of Representatives a report on the review conducted under paragraph (1) and such recommendations as the Center determines appro- priate.’’ AIR TRAFFIC SURVEILLANCE OVER UNITED STATES CON- TROLLED OCEANIC AIRSPACE AND OTHER REMOTE LO- CATIONS Pub. L. 118–63, title X, § 1021, May 16, 2024, 138 Stat. 1400, provided that: ‘‘(a) PERSISTENT AVIATION SURVEILLANCE OVER OCEANS AND REMOTE LOCATIONS.—Subject to the avail- ability of appropriations, the Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and other relevant Federal agencies, shall carry out research, development, dem- onstration, and testing to enable civil aviation surveil- lance over oceans and other remote locations to im- prove safety. ‘‘(b) REPORT.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Com- merce, Science, and Transportation of the Senate] a re- port on the activities carried out under this section. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to duplicate existing efforts con- ducted by the Administrator, in coordination with other Federal agencies.’’ ELECTROMAGNETIC SPECTRUM RESEARCH AND DEVELOPMENT Pub. L. 118–63, title X, § 1026, May 16, 2024, 138 Stat. 1402, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration], in consultation with the Na- tional Telecommunications and Information Adminis- tration and the Federal Communications Commission, shall conduct research, engineering, and development related to the effective and efficient use and manage- ment of radio frequency spectrum in the civil aviation domain, including for aircraft, unmanned aircraft sys- tems, and advanced air mobility. ‘‘(b) CONTENTS.—The research, engineering, and de- velopment conducted under subsection (a) shall, at a minimum, address the following: ‘‘(1) How reallocation or repurposing of radio fre- quency spectrum adjacent to spectrum allocated for communication, navigation, and surveillance may impact the safety of civil aviation. ‘‘(2) The effectiveness of measures to identify risks, protect, and mitigate against spectrum interference in frequency bands used in civil aviation operations to ensure public safety. ‘‘(3) The identification of any emerging civil avia- tion systems and their anticipated spectrum require- ments. ‘‘(4) The implications of paragraphs (1) through (3) on existing civil aviation systems that use radio fre- quency spectrum, including on the operational speci- fications of such systems, as it relates to existing and to future radio frequency spectrum requirements for civil aviation. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Com- merce, Science, and Transportation of the Senate] a re- port containing the results of the research, engineer- ing, and development conducted under subsection (a).’’ TURBULENCE RESEARCH AND DEVELOPMENT Pub. L. 118–63, title X, § 1030, May 16, 2024, 138 Stat. 1404, provided that: ‘‘(a) IN GENERAL.—Subject to the availability of ap- propriations, the Administrator [of the Federal Avia- tion Administration], in collaboration with the Admin- istrator of the National Oceanic and Atmospheric Ad- ministration, and in consultation with the Adminis- trator of NASA [National Aeronautics and Space Ad- ministration], shall carry out applied research and de- velopment to— ‘‘(1) enhance the monitoring and understanding of severe turbulence, including clear-air turbulence; and ‘‘(2) inform the development of measures to miti- gate safety impacts on crew and the flying public that may result from severe turbulence. ‘‘(b) RESEARCH AND DEVELOPMENT ACTIVITIES.—In car- rying out the research and development under sub- section (a), the Administrator shall— ‘‘(1) establish processes and procedures for com- prehensive and systematic data collection, through Page 1260 TITLE 49—TRANSPORTATION § 44505 both instrumentation and pilot reporting, of severe turbulence, including clear-air turbulence; ‘‘(2) establish measures for storing and managing such data collection; ‘‘(3) support measures for monitoring and charac- terizing incidents of severe turbulence; ‘‘(4) consider relevant existing research and devel- opment from other entities, including Federal depart- ments and agencies, academia, and the private sector; and ‘‘(5) carry out research and development— ‘‘(A) to understand the impacts of relevant fac- tors on the nature of turbulence, including severe turbulence and clear-air turbulence; ‘‘(B) to enhance turbulence forecasts for flight planning and execution, seasonal predictions for schedule and route-planning, and long-term projec- tions of severe turbulence, including clear-air tur- bulence; and ‘‘(C) on other subject matters areas related to se- vere turbulence, as determined by the Adminis- trator; and ‘‘(6) support the effective transition of the results of research and development to operations, in cases in which such transition is appropriate. ‘‘(c) DUPLICATIVE RESEARCH AND DEVELOPMENT AC- TIVITIES.—The Administrator shall ensure that re- search and development activities under this section do not duplicate other Federal programs relating to turbu- lence. ‘‘(d) TURBULENCE DATA.— ‘‘(1) COMMERCIAL PROVIDERS.—In carrying out the research and development under subsection (a) and the activities described in subsection (b), the Admin- istrator may enter into agreements with commercial providers for the following: ‘‘(A) The purchase of turbulence data. ‘‘(B) The placement on aircraft of instruments relevant to understanding and monitoring turbu- lence. ‘‘(2) DATA ACCESS.—The Administrator shall make the data collected under subsection (b) widely avail- able and accessible to the scientific research, user, and stakeholder communities, including the Adminis- trator of the National Oceanic and Atmospheric Ad- ministration, to the greatest extent practicable and in accordance with FAA [Federal Aviation Adminis- tration] data management policies. ‘‘(e) REPORT ON TURBULENCE RESEARCH.—Not later than 15 months after the date of enactment of this Act [May 16, 2024], the Administrator, in collaboration with the Administrator of the National Oceanic and Atmos- pheric Administration, shall submit 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— ‘‘(1) details the activities conducted under this sec- tion, including how the requirements of subsection (b) have contributed to the goals described in para- graphs (1) and (2) of subsection (a); ‘‘(2) assesses the current state of scientific under- standing of the causes, occurrence rates, and past and projected future trends in occurrence rates of severe turbulence, including clear-air turbulence; ‘‘(3) describes the processes and procedures for col- lecting, storing, and managing, data in pursuant to subsection (b); ‘‘(4) assesses— ‘‘(A) the use of commercial providers pursuant to subsection (d)(1); and ‘‘(B) the need for any future Federal Government collection or procurement of data and instruments related to turbulence, including an assessment of costs; ‘‘(5) describes how such data will be made available to the scientific research, user, and stakeholder com- munities; and ‘‘(6) identifies future research and development needed to inform the development of measures to pre- dict and mitigate the safety impacts that may result from severe turbulence, including clear-air turbu- lence.’’ RESEARCH AND DEPLOYMENT OF CERTAIN AIRFIELD PAVEMENT TECHNOLOGIES Pub. L. 115–254, div. B, title VII, § 744, Oct. 5, 2018, 132 Stat. 3413, as amended by Pub. L. 118–63, title X, § 1014, May 16, 2024, 138 Stat. 1393, provided that: ‘‘Using amounts made available under section 48102(a) of title 49, United States Code, the Secretary [of Transpor- tation] may carry out a program for the research and development of airfield pavement technologies under which the Secretary makes grants to, and enters into cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001)) and nonprofit organi- zations that— ‘‘(1) research concrete and asphalt pavement tech- nologies that extend the life of airfield pavements; ‘‘(2) develop sustainability and resiliency guidelines to improve long-term pavement performance; ‘‘(3) develop and conduct training with respect to such airfield pavement technologies; ‘‘(4) provide for demonstration projects of such air- field pavement technologies; and ‘‘(5) promote the latest airfield pavement tech- nologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements.’’ AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM Pub. L. 112–95, title V, § 507, Feb. 14, 2012, 126 Stat. 106, as amended by Pub. L. 115–254, div. B, title V, § 539(t), Oct. 5, 2018, 132 Stat. 3372, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program at not more than 5 pub- lic-use airports under which the Federal Aviation Ad- ministration shall use funds made available under sec- tion 48101(a) of title 49, United States Code, to test air traffic flow management tools, methodologies, and pro- cedures that will allow air traffic controllers of the Ad- ministration to better manage the flow of aircraft on the ground and reduce the length of ground holds and idling time for aircraft. ‘‘(b) SELECTION CRITERIA.—In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds ex- pended under the pilot program. ‘‘(c) MAXIMUM AMOUNT.—Not more than a total of $2,500,000 may be expended under the pilot program at any single public-use airport.’’ RESEARCH PROGRAM ON RUNWAYS Pub. L. 112–95, title IX, § 904, Feb. 14, 2012, 126 Stat. 139, provided that: ‘‘Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Adminis- tration] shall continue to carry out a research program under which the Administrator may make grants to and enter into cooperative agreements with institu- tions of higher education and pavement research orga- nizations for research and technology demonstrations related to— ‘‘(1) the design, construction, rehabilitation, and re- pair of airfield pavements to aid in the development of safer, more cost effective, and more durable air- field pavements; and ‘‘(2) engineered material restraining systems for runways at both general aviation airports and air- ports with commercial air carrier operations.’’ Page 1261 TITLE 49—TRANSPORTATION § 44505 WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH Pub. L. 112–95, title IX, § 915, Feb. 14, 2012, 126 Stat. 144, provided that: ‘‘Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Ad- ministrator [of the Federal Aviation Administration] shall— ‘‘(1) initiate an evaluation of proposals related to research on the nature of wake vortexes that would increase national airspace system capacity by reduc- ing existing spacing requirements between aircraft of all sizes; ‘‘(2) begin implementation of a system to improve volcanic ash avoidance options for aircraft, including the development of a volcanic ash warning and notifi- cation system for aviation; and ‘‘(3) coordinate with NOAA [National Oceanic and Atmospheric Administration], NASA [National Aero- nautics and Space Administration], and other appro- priate Federal agencies to conduct research to reduce the hazards presented to commercial aviation related to— ‘‘(A) ground de-icing and anti-icing, ice pellets, and freezing drizzle; ‘‘(B) oceanic weather, including convective weather; ‘‘(C) en route turbulence prediction and detection; and ‘‘(D) all hazards during oceanic operations, where commercial traffic is high and only rudimentary satellite sensing is available.’’ ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM Pub. L. 108–176, title V, § 505, Dec. 12, 2003, 117 Stat. 2559, required the Administrator of the Federal Avia- tion Administration to enter into an arrangement with the National Research Council for an assessment of the Federal Aviation Administration’s proposed wake tur- bulence research and development program and re- quired that a report on the assessment be provided to Committees of Congress not later than 1 year after Dec. 12, 2003. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS Pub. L. 108–176, title VII, § 705, Dec. 12, 2003, 117 Stat. 2581, provided that: ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall review and determine whether the Federal Aviation Administration’s stand- ards used to determine the appropriate thickness for asphalt and concrete airfield pavements are in accord- ance with the Federal Aviation Administration’s stand- ard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements. If the Administrator determines that such standards are not in accordance with that requirement, the Ad- ministrator shall make appropriate adjustments to the Federal Aviation Administration’s standards for air- field pavements. ‘‘(b) REPORT.—Within 1 year after the date of enact- ment of this Act [Dec. 12, 2003], the Administrator shall report the results of the review conducted under sub- section (a) and the adjustments, if any, made on the basis of that review to the Senate Committee on Com- merce, Science, and Transportation and the House of Representatives Committee on Transportation and In- frastructure and Committee on Science [now Com- mittee on Science, Space, and Technology].’’ USE OF RECYCLED MATERIALS Pub. L. 106–181, title I, § 157, Apr. 5, 2000, 114 Stat. 89, provided that: ‘‘(a) STUDY.—The Administrator [of the Federal Avia- tion Administration] shall conduct a study of the use of recycled materials (including recycled pavements, waste materials, and byproducts) in pavement used for runways, taxiways, and aprons and the specification standards in tests necessary for the use of recycled ma- terials in such pavement. The primary focus of the study shall be on the long-term physical performance, safety implications, and environmental benefits of using recycled materials in aviation pavement. ‘‘(b) CONTRACTING.—The Administrator may carry out the study by entering into a contract with a university of higher education with expertise necessary to carry out the study. ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Adminis- trator shall transmit to Congress a report on the re- sults of the study, together with recommendations con- cerning the use of recycled materials in aviation pave- ment. ‘‘(d) FUNDING.—Of the amounts appropriated pursuant to section 106(k) of title 49, United States Code, not to exceed $1,500,000 may be used to carry out this section.’’ AIRFIELD PAVEMENT CONDITIONS Pub. L. 106–181, title I, § 160, Apr. 5, 2000, 114 Stat. 90, provided that: ‘‘(a) EVALUATION OF OPTIONS.—The Administrator [of the Federal Aviation Administration] shall evaluate options for improving the quality of information avail- able to the Federal Aviation Administration on airfield pavement conditions for airports that are part of the national air transportation system, including— ‘‘(1) improving the existing runway condition infor- mation contained in the airport safety data program by reviewing and revising rating criteria and pro- viding increased training for inspectors; ‘‘(2) requiring such airports to submit pavement condition index information as part of their airport master plan or as support in applications for airport improvement grants; and ‘‘(3) requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a pavement condi- tion database that could be used in evaluating the cost-effectiveness of project applications and fore- casting anticipated pavement needs. ‘‘(b) REPORT TO CONGRESS.—Not later than 12 months after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit a report con- taining an evaluation of the options described in sub- section (a) to the Senate Committee on Commerce, Science, and Transportation and the House of Rep- resentatives Committee on Transportation and Infra- structure.’’ PILOT PROGRAM TO PERMIT COST-SHARING OF AIR TRAFFIC MODERNIZATION PROJECTS Pub. L. 106–181, title III, § 304, Apr. 5, 2000, 114 Stat. 122, provided that: ‘‘(a) PURPOSE.—It is the purpose of this section to im- prove aviation safety and enhance mobility of the Na- tion’s air transportation system by encouraging non- Federal investment on a pilot program basis in critical air traffic control facilities and equipment. ‘‘(b) IN GENERAL.—Subject to the requirements of this section, the Secretary [of Transportation] shall carry out a pilot program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects. ‘‘(c) FEDERAL SHARE.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pur- suant to section 40117 of title 49, United States Code. ‘‘(d) LIMITATION ON GRANT AMOUNTS.—No eligible project may receive more than $15,000,000 under the program. ‘‘(e) FUNDING.—The Secretary shall use amounts ap- propriated under section 48101(a) of title 49, United States Code, for fiscal years 2001 through 2003 to carry out the program. ‘‘(f) DEFINITIONS.—In this section, the following defi- nitions apply: Page 1262 TITLE 49—TRANSPORTATION § 44506 ‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible project’ means a project relating to the Nation’s air traffic control system that is certified or approved by the Administrator [of the Federal Aviation Administra- tion] and that promotes safety, efficiency, or mobil- ity. Such projects may include— ‘‘(A) airport-specific air traffic facilities and equipment, including local area augmentation sys- tems, instrument landings systems, weather and wind shear detection equipment, lighting improve- ments, and control towers; ‘‘(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and ‘‘(C) facilities and equipment that enhance air- space control procedures, including consolidation of terminal radar control facilities and equipment, or assist in en route surveillance, including oceanic and offshore flight tracking. ‘‘(2) PROJECT SPONSOR.—The term ‘project sponsor’ means a public-use airport or a joint venture between a public-use airport and one or more air carriers. ‘‘(g) TRANSFERS OF EQUIPMENT.—Notwithstanding any other provision of law, project sponsors may transfer, without consideration, to the Federal Aviation Admin- istration, facilities, equipment, and automation tools, the purchase of which was assisted by a grant made under this section. The Administration shall accept such facilities, equipment, and automation tools, which shall thereafter be operated and maintained by the Ad- ministration in accordance with criteria of the Admin- istration. ‘‘(h) GUIDELINES.—Not later than 90 days after the date of the enactment of this Act [Apr. 5, 2000], the Ad- ministrator shall issue advisory guidelines on the im- plementation of the program.’’ AIRCRAFT DISPATCHERS Pub. L. 106–181, title V, § 516, Apr. 5, 2000, 114 Stat. 145, provided that: ‘‘(a) STUDY.—The Administrator [of the Federal Avia- tion Administration] shall conduct a study of the role of aircraft dispatchers in enhancing aviation safety. ‘‘(b) CONTENTS.—The study shall include an assess- ment of whether or not aircraft dispatchers should be required for those operations not presently requiring aircraft dispatcher assistance, operational control issues related to the aircraft dispatching functions, and whether or not designation of positions within the Fed- eral Aviation Administration for oversight of dis- patchers would enhance aviation safety. ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Adminis- trator shall transmit to Congress a report on the re- sults of the study conducted under this section.’’ OCCUPATIONAL INJURIES OF AIRPORT WORKERS Pub. L. 106–181, title V, § 520, Apr. 5, 2000, 114 Stat. 149, provided that: ‘‘(a) STUDY.—The Administrator [of the Federal Avia- tion Administration] shall conduct a study to deter- mine the number of persons working at airports who are injured or killed as a result of being struck by a moving vehicle while on an airport tarmac, the serious- ness of the injuries to such persons, and whether or not reflective safety vests or other actions should be re- quired to enhance the safety of such workers. ‘‘(b) REPORT.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Adminis- trator shall transmit to Congress a report on the re- sults of the study conducted under this section.’’ ALKALI SILICA REACTIVITY DISTRESS Pub. L. 106–181, title VII, § 743, Apr. 5, 2000, 114 Stat. 175, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] may conduct a study on the impact of alkali silica reactivity distress on airport runways and taxiways and the use of lithium salts and other alternatives for mitigation and prevention of such distress. The study shall include a determination based on in-the-field inspections followed by petrographic analysis or other similar techniques. ‘‘(b) AUTHORITY TO MAKE GRANTS.—The Adminis- trator may carry out the study by making a grant to, or entering into a cooperative agreement with, a non- profit organization for the conduct of all or a part of the study. ‘‘(c) REPORT.—Not later than 18 months after the date of initiation of the study under subsection (a), the Ad- ministrator shall transmit to Congress a report on the results of the study.’’ RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS Pub. L. 108–176, title VII, § 704, Dec. 12, 2003, 117 Stat. 2581, provided that: ‘‘(a) CONTINUATION OF PROGRAM.—The Administrator of the Federal Aviation Administration shall continue the program to consider awards to nonprofit concrete and asphalt pavement research foundations to improve the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and more durable airfield pave- ments. ‘‘(b) USE OF GRANTS OR COOPERATIVE AGREEMENTS.— The Administrator may use grants or cooperative agreements in carrying out this section. ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec- tion requires the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs.’’ Pub. L. 106–181, title IX, § 905, Apr. 5, 2000, 114 Stat. 196, provided that: ‘‘The Administrator [of the Federal Aviation Administration] shall consider awards to non- profit concrete pavement research foundations to im- prove the design, construction, rehabilitation, and re- pair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and durable airfield pavements. The Administrator may use a grant or cooperative agreement for this purpose. Nothing in this section shall require the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy re- search programs.’’ § 44506. Air traffic controllers (a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.—To develop the means necessary to establish appropriate selection criteria and training methodologies for the next generation of air traffic controllers, the Administrator of the Federal Aviation Administration shall con- duct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include inves- tigating— (1) methods for improving and accelerating future air traffic controller training through the application of advanced training tech- niques, including the use of simulation tech- nology; (2) the role of automation in the air traffic control system and its physical and psycho- logical effects on air traffic controllers; (3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appro- priate testing methods for identifying individ- uals with those attributes and aptitudes; (4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher

Page 185 TITLE 20—EDUCATION § 1001 PART A—DEFINITIONS § 1001. General definition of institution of higher education (a) Institution of higher education For purposes of this chapter, other than sub- chapter IV, the term ‘‘institution of higher edu- cation’’ means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title; (2) is legally authorized within such State to provide a program of education beyond sec- ondary education; (3) provides an educational program for which the institution awards a bachelor’s de- gree or provides not less than a 2-year pro- gram that is acceptable for full credit toward such a degree, or awards a degree that is ac- ceptable for admission to a graduate or profes- sional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assur- ance that the institution will meet the accred- itation standards of such an agency or associa- tion within a reasonable time. (b) Additional institutions included For purposes of this chapter, other than sub- chapter IV, the term ‘‘institution of higher edu- cation’’ also includes— (1) any school that provides not less than a 1-year program of tr

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44505 — Systems, procedures, facilities, services, and devices

**(a) General Requirements.—** (1) The Administrator of the Federal Aviation Administration shall— (A) develop, alter, test, and evaluate systems, procedures, facilities, services, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and (B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems. (2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31. (3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated. **(b) Research on Human Factors and Simulation Models.—** The Administrator shall conduct or supervise research— (1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety; (2) to enhance air traffic controller, mechanic, and flight crew performance; (3) to develop a human-factor analysis of the hazards associated with ne

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