49 USC 106 - Federal Aviation Administration

U.S Code last checked for updates: Nov 22, 2024

§ 106.

Federal Aviation Administration

(a)

In General.—

The Federal Aviation Administration is an administration in the Department of Transportation.

(b)

Administration Leadership.—

(1)

Administrator.—

(A)

In general.—

The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.

(B)

Qualifications.—

The Administrator shall—

(i)

be a citizen of the United States;

(ii)

not be an active duty member of the Armed Forces;

(iii)

not have retired from the Armed Forces within the 7 years preceding nomination; and

(iv)

have experience in organizational management and a field directly related to aviation.

(C)

Fitness.—

In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.

(D)

Term of office.—

The term of office for any individual appointed as Administrator shall be 5 years.

(E)

Reporting chain.—

Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.

(2)

Deputy administrator.—

(A)

In general.—

The Administrator has a Deputy Administrator, who shall be appointed by the President.

(B)

Qualifications.—

The Deputy Administrator shall—

(i)

be a citizen of the United States; and

(ii)

have experience in organizational management and a field directly related to aviation.

(C)

Fitness.—

In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the office of Administrator is vacant.

(D)

Reporting chain.—

The Deputy Administrator reports directly to the Administrator.

(E)

Duties.—

The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(F)

Compensation.—

(i)

Annual rate of basic pay.—

The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator.

(ii)

Exception.—

A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive—

(I)

the pay provided for the Deputy Administrator under clause (i); or

(II)

the pay and allowances or the retired pay of the military grade held.

(iii)

Reimbursement of expenses.—

If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.

(3)

Leadership of the administration defined.—

In this section, the term “leadership of the Administration” means—

(A)

the Administrator under paragraph (1); and

(B)

the Deputy Administrator under paragraph (2).

(c)

Assistant Administrator for Rulemaking and Regulatory Improvement.—

There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall—

(1)

be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—

(A)

prioritizing rulemaking projects that are necessary to improve safety;

(B)

establishing the regulatory agenda of the Administration; and

(C)

coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law;

(2)

not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;

(3)

on an ongoing basis, review the regulations of the Administration in effect to—

(A)

improve safety;

(B)

reduce undue regulatory burden;

(C)

replace prescriptive regulations with performance-based regulations, as appropriate;

(D)

prevent duplicative regulations; and

(E)

increase regulatory clarity and transparency whenever possible;

(4)

make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii);

(5)

receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition—

(A)

acknowledging receipt of such petition;

(B)

confirming completeness of such petition;

(C)

providing an initial indication of the complexity of the request and how such complexity may impact the timeline for adjudication; and

(D)

requesting any additional information, as appropriate, that would assist in the consideration of the petition;

(6)

track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the interest of the public to amend a rule to reduce the future need of waivers and exemptions; and

(7)

promulgate regulatory updates as determined more efficient or in the best interest of the public under paragraph (6).

(d)

[Reserved].

(e)

Prohibition on Conflicting Pecuniary Interests.—

(1)

In general.—

The leadership of the Administration may not have a pecuniary interest in, or hold a financial interest in, an aeronautical enterprise or engage in another business, vocation, or employment.

(2)

Teaching.—

Notwithstanding paragraph (1), the Deputy Administrator may not receive compensation for teaching without prior approval of the Administrator.

(3)

Financial interest defined.—

In this subsection, the term “financial interest”—

(A)

means—

(i)

any current or contingent ownership, equity, or security interest;

(ii)

any indebtedness or compensated employment relationship; or

(iii)

any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and

(B)

does not include securities held in an index fund.

(f)

Authority of the Secretary and the Administrator.—

(1)

Authority of the secretary.—

Except as provided in paragraphs (2) and (3), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the decisions or recommendations of, a committee, board, council, or organization that is—

(A)

established by executive order; or

(B)

not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator.

(2)

Authority of the administrator.—

The Administrator—

(A)

is the final authority for carrying out all functions, powers, and duties of the Administration relating to—

(i)

the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);

(ii)

the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;

(iii)

except as otherwise provided in paragraph (4), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and

(iv)

any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);

(B)

shall offer advice and counsel to the President with respect to civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;

(C)

may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and

(D)

except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.

(3)

Duties and powers of the administrator.—

(A)

In general.—

The Administrator shall carry out—

(i)

the duties and powers of the Secretary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous material) and stated in—

(I)

subsections (c) and (d) of section 1132;

(II)

sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;

(III)

chapter 443;

(IV)

chapter 445, except sections 44502(a)(3), 44503, and 44509;

(V)

chapter 447, except sections 44721(b) and 44723;

(VI)

chapter 448;

(VII)

chapter 451;

(VIII)

chapter 453;

(IX)

section 46104;

(X)

subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;

(XI)

chapter 465;

(XII)

chapter 471;

(XIII)

chapter 475; and

(XIV)

chapter 509 of title 51; and

(ii)

such additional duties and powers as may be prescribed by the Secretary.

(B)

Applicability.—

Section 40101(d) applies to the duties and powers specified in subparagraph (A).

(C)

Transfer.—

Any of the duties and powers specified in subparagraph (A) may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5.

(D)

Administrative finality.—

A decision of the Administrator in carrying out the duties or powers specified in subparagraph (A) is administratively final.

(4)

Regulations.—

(A)

In general.—

(i)

Issuance of regulations.—

In the performance of the functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5.

(ii)

Petitions for rulemaking.—

The Administrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking.

(iii)

Rulemaking timeline.—

The Administrator shall issue a final regulation, or take other final action, not later than 16 months after the last day of the public comment period for the regulations or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after the date of publication in the Federal Register of notice of the proposed rulemaking.

(iv)

Reporting requirement.—

On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.

(B)

Approval of secretary of transportation.—

(i)

In general.—

The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, a proposed regulation or final regulation that—

(I)

is likely to result in the expenditure by State, local, and Tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024) in any year; or

(II)

is significant.

(ii)

Significant regulations.—

For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation—

(I)

will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024);

(II)

raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or

(III)

adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or community.

(iii)

Emergency regulation.—

(I)

In general.—

In an emergency as determined by the Administrator, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary.

(II)

Objection.—

If the Secretary objects to a regulation issued under subclause (II) 1

 So in original. Probably should be “subclause (I)”.

in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after the issuance, the Administrator shall immediately rescind such regulation.

(iv)

Other regulations.—

The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation—

(I)

does not require the approval of the Secretary under clause (i) (excluding a regulation issued under clause (iii)); or

(II)

is a routine or frequent action or a procedural action.

(v)

Timeline.—

The Administrator shall submit a copy of any proposed or final regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments not later than 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator not later than 30 days after receiving such regulation, the regulation shall be deemed to have been approved by the Secretary.

(C)

Periodic review.—

(i)

In general.—

For any significant regulation issued after the date of enactment of the FAA Reauthorization Act of 2024, in addition to the review requirements established under section 5.13(d) 2

 See References in Text note below.

of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation 3 years after the effective date of such regulation.

(ii)

Discretionary review.—

The Administrator may review any regulation that has been in effect for more than 3 years.

(iii)

Substance of review.—

In performing a review under clause (i) or (ii), the Administrator shall determine if—

(I)

the cost assumptions supporting the regulation were accurate;

(II)

the intended benefit of the regulation is being realized;

(III)

the need remains to continue such regulation as in effect; and

(IV)

the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) ² of title 49, Code of Federal Regulations.

(iv)

Review management.—

Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection (p) to assist in performing the review.

(5)

Definition of political appointee.—

For purposes of this subsection, the term “political appointee” means any individual who—

(A)

is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

(B)

is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or

(C)

is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.

(g)

[reserved].

(h)

Technical Center for Advanced Aerospace.—

(1)

In general.—

There is established within the Administration a technology center to support the advancement of aerospace safety and innovation which shall be known as the “William J. Hughes Technical Center for Advanced Aerospace” (in this subsection referred to as the “Technical Center”) that shall be used by the Administrator and, as permitted by the Administrator, other governmental entities, academia, and the aerospace industry.

(2)

Management.—

The activities of the Technical Center shall be managed by a Director.

(3)

Activities.—

The activities of the Technical Center shall include—

(A)

developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—

(i)

liaising between external persons and offices of the Administration interested in such work;

(ii)

providing technical expertise and input, as appropriate; and

(iii)

providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements;

(B)

managing technology demonstration grants awarded by the Administrator;

(C)

identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;

(D)

supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;

(E)

managing the facilities of the Technical Center; and

(F)

carrying out any other duties as determined appropriate by the Administrator.

(i)

The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.

(j)

Civil Aeromedical Institute.—

There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the “Civil Aeromedical Institute”. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.

(k)

Authorization of Appropriations for Operations.—

(1)

Salaries, operations, and maintenance.—

There is authorized to be appropriated to the Secretary of Transportation for salaries, operations, and maintenance of the Administration—

(A)

$12,729,627,000 for fiscal year 2024;

(B)

$13,055,000,000 for fiscal year 2025;

(C)

$13,354,000,000 for fiscal year 2026;

(D)

$13,650,000,000 for fiscal year 2027; and

(E)

$13,954,000,000 for fiscal year 2028.

Such sums shall remain available until expended.

(2)

Authorized expenditures.—

Out of amounts appropriated under paragraph (1), the following expenditures are authorized:

(A)

Such sums as may be necessary for fiscal years 2012 through 2015 to carry out and expand the Air Traffic Control Collegiate Training Initiative.

(B)

Such sums as may be necessary for fiscal years 2012 through 2015 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska’s main aviation corridors.

(C)

Such sums as may be necessary for fiscal years 2012 through 2015 to carry out the Aviation Safety Reporting System and the development and maintenance of helicopter approach procedures.

(D)

Not more than the following amounts for commercial space transportation activities:

(i)

$75,938,000 for fiscal year 2023.

(ii)

$42,018,000 for fiscal year 2024.

(iii)

$52,985,000 for fiscal year 2025.

(iv)

$59,044,000 for fiscal year 2026.

(v)

$65,225,000 for fiscal year 2027.

(vi)

$71,529,000 for fiscal year 2028.

(3)

Administering program within available funding.—

(A)

In general.—

Notwithstanding any other provision of law, in each of fiscal years 2024 through 2028, if the Secretary determines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall reduce nonsafety-related activities of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under paragraph (1).

(B)

Prioritization.—

In reducing non-safety-related activities of the Administration under subparagraph (A), the Secretary shall prioritize such reductions from amounts other than amounts authorized under this subsection, section 48101, or section 48103.

(C)

Sunset.—

This paragraph shall cease to be effective on October 1, 2028.

(l)

Personnel and Services.—

(1)

Officers and employees.—

Except as provided in subsections (a) and (g) of section 40122, the Administrator is authorized, in the performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent provided for in section 40122(a), nor shall the Administrator be bound by any requirement to establish such compensation or benefits at particular levels.

(2)

Experts and consultants.—

The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5.

(3)

Transportation and per diem expenses.—

The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5.

(4)

Use of personnel from other agencies.—

The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551(1) of title 5).

(5)

Voluntary services.—

(A)

General rule.—

In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.

(B)

Incidental expenses.—

The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection.

(C)

Limited treatment as federal employees.—

An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.

(6)

Contracts.—

The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.

(7)

Prohibition on certain performance-based incentives.—

No employee of the Administration shall be given an award, financial incentive, or other compensation, as a result of actions to meet performance goals related to meeting or exceeding schedules, quotas, or deadlines for certificates issued under section 44704.

(m)

Cooperation by Administrator.—

With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency (as such term is defined in section 551(1) of title 5) and any other public or private entity. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, with or without reimbursement, supplies, personnel, services, and equipment other than administrative supplies or equipment.

(n)

Acquisition.—

(1)

In general.—

The Administrator is authorized—

(A)

to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—

(i)

air traffic control facilities and equipment;

(ii)

research and testing sites and facilities; and

(iii)

such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;

(B)

to lease to others such real and personal property; and

(C)

to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.

(2)

Title.—

Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.

(o)

Transfers of Funds.—

The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred by law to the Administrator or functions transferred pursuant to law to the Administrator on or after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996.

(p)

Management Advisory Council.—

(1)

Establishment.—

The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Management Advisory Council (in this subsection referred to as the “Council”).

(2)

Membership.—

The Council shall consist of 13 members, who shall consist of—

(A)

a designee of the Secretary of Transportation;

(B)

a designee of the Secretary of Defense;

(C)

5 members representing aerospace and technology interests, appointed by the Administrator;

(D)

5 members representing aerospace and technology interests, appointed by the Secretary of Transportation; and

(E)

1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees.

(3)

Qualifications.—

No officer or employee of the Federal Government may be appointed to the Council under subparagraph (C) or (D) of paragraph (2).

(4)

Functions.—

(A)

In general.—

(i)

Advise; counsel.—

The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the activities of the Administrator.

(ii)

Resource.—

The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administrator.

(iii)

Submissions to administration.—

With respect to Administration management, policy, spending, funding, data management and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aerospace industry and the national airspace system, the Council may—

(I)

regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and

(II)

request the Administrator include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I).

(iv)

Reasoning.—

Together with a Council submission that is published or described under clause (iii)(II), the Administrator may provide the reasons for any differences between the views of the Council and the views or actions of the Administrator.

(v)

Cost-benefit analysis.—

The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.

(vi)

Process review.—

The Council shall review the process through which the Administration determines to use advisory circulars, service bulletins, and other externally facing guidance and regulatory material.

(B)

Meetings.—

The Council shall meet not less than 3 times annually or at the call of the chair or the Administrator.

(C)

Access to documents and staff.—

The Administrator may give the Council appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), cost data associated with the acquisition and operation of air traffic service systems.

(D)

Disclosure of commercial or proprietary data.—

Any member of the Council who receives commercial or other proprietary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.

(5)

Application of chapter 10 of title 5.—

Chapter 10 of title 5 does not apply to—

(A)

the Council;

(B)

such aviation rulemaking committees as the Administrator shall designate; or

(C)

such aerospace rulemaking committees as the Secretary shall designate.

(6)

Administrative matters.—

(A)

Terms.—

Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years.

(B)

Term for air traffic control representative.—

The member appointed under paragraph (2)(E) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(E).

(C)

Vacancy.—

Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term.

(D)

Continuation in office.—

A member of the Council whose term expires shall continue to serve until the date on which the successor of the member takes office.

(E)

Removal.—

Any member of the Council appointed under paragraph (2) may be removed for cause by whomever makes the appointment.

(F)

Chair; vice chair.—

The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs (C) and (D) of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chair in the absence of the chair.

(G)

Travel and per diem.—

Each member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of the member, in accordance with section 5703 of title 5.

(H)

Detail of personnel from the administration.—

The Administrator shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out the responsibilities of the Council under this subsection.

(q)

Aircraft Noise Ombudsman.—

(1)

Establishment.—

There shall be in the Administration an Aircraft Noise Ombudsman.

(2)

General duties and responsibilities.—

The Ombudsman shall—

(A)

be appointed by the Administrator;

(B)

serve as a liaison with the public on issues regarding aircraft noise; and

(C)

be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.

(3)

Number of full-time equivalent employees.—

The appointment of an Ombudsman under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.

(r)

Chief Operating Officer.—

(1)

In general.—

(A)

Appointment.—

There shall be a Chief Operating Officer for the air traffic control system who is appointed by the Administrator and subject to the authority of the Administrator.

(B)

Qualifications.—

The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation.

(C)

Term.—

The Chief Operating Officer shall be appointed for a term of 5 years.

(D)

Removal.—

The Chief Operating Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system.

(E)

Vacancy.—

Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring before the expiration of the term for which the individual’s predecessor was appointed may be appointed for either the remainder of the term or for a full term.

(2)

Compensation.—

(A)

In general.—

The Chief Operating Officer shall be paid at an annual rate of basic pay to be determined by the Administrator. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title.

(B)

Bonus.—

In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).

(3)

Annual performance agreement.—

The Administrator and the Chief Operating Officer shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis and shall include responsibility for—

(A)

the state of good repair of the air traffic control system;

(B)

the continuous improvement of the safety and efficiency of the air traffic control system; and

(C)

identifying services and solutions to increase the safety and efficiency of airspace use and to support the safe integration of all airspace users.

(4)

Annual performance report.—

The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator.

(5)

Responsibilities.—

The Administrator may delegate to the Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum the following:

(A)

Strategic plans.—

To implement the strategic plan of the Administration for the air traffic control system in order to further—

(i)

a mission and objectives;

(ii)

standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;

(iii)

annual and long-range strategic plans;

(iv)

methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and

(v)

plans to integrate new entrant operations into the national airspace system and associated action items.

(B)

Operations.—

To oversee the day-to-day operational functions of the Administration for air traffic control, including—

(i)

modernization of the air traffic control system;

(ii)

increasing productivity or implementing cost-saving measures;

(iii)

training and education; and

(iv)

the management of cost-reimbursable contracts.

(C)

Budget.—

To—

(i)

develop a budget request of the Administration related to the air traffic control system;

(ii)

submit such budget request to the Administrator; and

(iii)

ensure that the budget request supports the agency’s annual and long-range strategic plans for air traffic control services.

(6)

Unfunded capital investment needs report.—

(A)

In general.—

Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1150 of title 31,3

 So in original. Probably should be “section 1105 of title 31,”.

the Administrator shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on any unfunded capital investment needs of the air traffic control system.

(B)

Contents of briefing.—

In providing the report under subparagraph (A), the Administrator shall include, for each unfunded capital investment need, the following:

(i)

A summary description of such unfunded capital investment need.

(ii)

The objective to be achieved if such unfunded capital investment need is funded in whole or in part.

(iii)

The additional amount of funds recommended in connection with such objective.

(iv)

The Budget Line Item Program and Budget Line Item number associated with such unfunded capital investment need, as applicable.

(v)

Any statutory requirement associated with such unfunded capital investment need, as applicable.

(C)

Prioritization of requirements.—

The briefing required under subparagraph (A) shall present unfunded capital investment needs in overall urgency of priority.

(D)

Unfunded capital investment need defined.—

In this paragraph, the term “unfunded capital investment need” means a program that—

(i)

is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;

(ii)

is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system;

(iii)

is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and

(iv)

would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if—

(I)

additional resources had been available for the budget to fund the program, activity, or mission requirement; or

(II)

the program, activity, or mission requirement has emerged since the budget was formulated.

(7)

Air traffic control system defined.—

In this section, the term “air traffic control system” has the meaning such term has under section 40102(a).

(s)

Chief Technology Officer.—

(1)

In general.—

(A)

Establishment.—

There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system.

(B)

Appointment.—

The Chief Technology Officer shall be appointed by the Administrator.

(C)

Minimum qualifications.—

The Chief Technology Officer shall have—

(i)

at least 10 years experience in engineering management, systems management, or another relevant technical management field; and

(ii)

knowledge of or experience in the aviation industry.

(2)

Responsibilities.—

The responsibilities of the Chief Technology Officer shall include—

(A)

ensuring the proper operation, maintenance, and cybersecurity of technology systems relating to the air traffic control system across all offices of the Administration;

(B)

coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aerospace industry and other Federal agencies;

(C)

reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration’s budget, cost-accounting system, and benefit-cost analyses with respect to technology programs relating to the air traffic control system;

(D)

consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress;

(E)

developing an annual air traffic control system technology operation and maintenance plan that is consistent with the annual performance targets established under paragraph (4); and

(F)

ensuring that the air traffic control system architecture remains, to the maximum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by the Administration, aircraft operators, or other private providers of information and services related to air traffic management.

(3)

Compensation.—

(A)

In general.—

The Chief Technology Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, in consultation with the Chief Operating Officer. The annual rate may not exceed the annual compensation paid under section 102 of title 3.

(B)

Post-employment.—

The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of such title.

(C)

Bonus.—

In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Technology Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Technology Officer’s performance in relation to the performance targets established under paragraph (4).

(4)

Annual performance targets.—

(A)

In general.—

The Administrator and the Chief Operating Officer, in consultation with the Chief Technology Officer, shall establish measurable annual performance targets for the Chief Technology Officer in key operational areas.

(B)

Report.—

The Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the annual performance targets established under subparagraph (A).

(5)

Annual performance report.—

The Chief Technology Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report containing—

(A)

detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance targets established under paragraph (4); and

(B)

other information as may be requested by the Administrator and the Chief Operating Officer.

(t)

Office of Whistleblower Protection and Aviation Safety Investigations.—

(1)

Establishment.—

There is established in the Federal Aviation Administration (in this subsection referred to as the “Agency”) the Office of Whistleblower Protection and Aviation Safety Investigations (in this subsection referred to as the “Office”).

(2)

Director.—

(A)

Appointment.—

The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation.

(B)

Qualifications.—

The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation.

(C)

Term.—

The Director shall be appointed for a term of 5 years.

(D)

Vacancies.—

Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.

(E)

Limitation of duties.—

The Director may only perform duties of the Director described in paragraph (3)(A).

(3)

Complaints and investigations.—

(A)

Authority of director.—

The Director shall—

(i)

receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system) and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety;

(ii)

assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred;

(iii)

based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator of the Agency, in writing, regarding further investigation or corrective actions;

(iv)

receive allegations of whistleblower retaliation by employees of the Agency;

(v)

coordinate with and provide all necessary assistance to the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whistleblower retaliation by employees of the Agency; and

(vi)

investigate allegations of whistleblower retaliation by employees of the Agency that have been delegated to the Office by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, or the Office of Special Counsel.

(B)

Disclosure of identities.—

The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless—

(i)

the individual consents to the disclosure in writing; or

(ii)

the Director determines, in the course of an investigation, that the disclosure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure.

(C)

Independence of director.—

The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment.

(D)

Access to information.—

In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material of the Agency necessary to determine whether a substantial likelihood exists that a violation of a

n order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred.

(4)

Responses to recommendations.—

Not later than 60 days after the date on which the Administrator receives a report with respect to an investigation, the Administrator shall respond to a recommendation made by the Director under paragraph (3)(A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation.

(5)

Incident reports.—

If the Director determines there is a substantial likelihood that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation.

(6)

Reporting of criminal violations to inspector general.—

If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General.

(7)

Department of transportation office of the inspector general peer review.—

(A)

In general.—

Not later than 2 years after the date of enactment of the FAA Reauthorization Act of 2024, and every 5 years thereafter, the inspector general of the Department of Transportation shall perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations.

(B)

Peer review scope.—

In completing the peer reviews required under this paragraph, the inspector general shall, to the extent appropriate, use the most recent peer review guides published by the Council of the Inspectors General on Integrity and Efficiency Audit Committee and Investigations Committee.

(C)

Reports to congress.—

Not later than 90 days after the completion of a peer review required under this paragraph, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a description of any actions taken or to be taken to address the results of the peer review.

(8)

Whistleblower ombudsman.—

(A)

In general.—

Within the Office, there shall be established the position of Whistleblower Ombudsman.

(B)

Ombudsman qualifications.—

The individual selected as Ombudsman shall have knowledge of Federal labor law and demonstrated government experience in human resource management and conflict resolution.

(C)

Duties.—

The Ombudsman shall carry out the following duties:

(i)

Educate Administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions.

(ii)

Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate.

(iii)

Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Office of the Chief Counsel, as necessary.

(iv)

Coordinate with the Office of the Inspector General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary.

(v)

Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, § 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, § 9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, § 101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, § 104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§ 4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, § 103, title II, § 201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, § 103(a), title II, §§ 223(a), 224–230, 276(c), title XII, § 1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, § 5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, § 3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, § 4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 103(a), title III, §§ 302(a)–(c), 303, 305, 306, 307(c)(1), title VII, § 701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, § 8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, § 101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, § 103(a),(b), title II, §§ 201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L. 110–330, § 6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, § 6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, § 206, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, § 6, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 103, title II, §§ 203, 204, title III, §§ 306(b), 341, Feb. 14, 2012, 126 Stat. 16, 37, 61, 78; Pub. L. 112–166, § 2(k)(2), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 113–188, title XV, § 1501(a), Nov. 26, 2014, 128 Stat. 2023; Pub. L. 114–55, title I, § 103, Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 103, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1103, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, § 103, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 103, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, § 113, title V, §§ 545(a), 564, div. K, title I, § 1991(a), Oct. 5, 2018, 132 Stat. 3200, 3374, 3385, 3626; Pub. L. 116–260, div. V, title I, §§ 114, 133(a), (b), Dec. 27, 2020, 134 Stat. 2333, 2353, 2355; Pub. L. 117–286, § 4(a)(302), (c)(46), Dec. 27, 2022, 136 Stat. 4339, 4359; Pub. L. 117–328, div. Q, § 104, Dec. 29, 2022, 136 Stat. 5253; Pub. L. 118–15, div. B, title II, § 2203, Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, § 103, Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, § 103, Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title I, § 103, title II, §§ 201, 202(a), 203–204(b), 206(g), 210–214, 216, May 16, 2024, 138 Stat. 1034–1041, 1045, 1049–1054.)

cite as: 49 USC 106