Browse Arkansas Code titles and sections
49 U.S.C. § 44505 — Systems, procedures, facilities, services,
Federal law — U.S. Code and appendices · legal_authorities
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)
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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;
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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-
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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
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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.’’
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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:
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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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44505
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.