In subsections (a) and (b), the source provisions are combined for clarity.

In subsection (a), the words “referred to in this chapter as the ‘Administration’ ” are omitted because of the style of the revised title.

In subsection (b), the word “due” in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words “the duties and powers” are substituted for “the powers and duties vested in and imposed upon him by this chapter” to eliminate surplus words and for consistency. The word “consider” is substituted for “with . . . regard to” for clarity.

In subsections (c) and (d), the words “At the time of his nomination” are omitted as unnecessary and for consistency.

In subsection (c), the text of 49:1652(e)(2) (last sentence) is omitted as executed.

In subsection (d)(1), the words “Nothing in this chapter or other law shall preclude” in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words “armed force” are substituted for “armed services” to conform to title 10. The words “to the position of” are omitted as surplus.

In subsection (d)(2), the word “continue” is omitted as surplus. The words “pay provided by law for the Deputy Administrator” are substituted for “compensation provided for the Deputy Administrator” in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words “(including personal money allowance)” are omitted as being within the meaning of “allowance” in title 37. The words “as the case may be” are omitted as surplus. The words “of the military grade held” are substituted for “military . . . payable to a commissioned officer of his grade and length of service” to eliminate unnecessary words. The words “Administration” and “military” are added for clarity. The words “to defray” are omitted as surplus.

In subsection (d)(3), the words “acceptance of, and” are omitted as unnecessary. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.

In subsection (f), the word “Secretary” is substituted for “Administrator” because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “In the exercise of his duties and the discharge of his responsibilities under this chapter” are omitted as surplus.

In subsection (g), the words “are hereby transferred to” in 49:1655(c)(1) are omitted as executed. The words “carry out” are substituted for “it shall be his duty to exercise” in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words “In addition to such functions, powers, and duties as are specified in this chapter” in 49:1652(e)(3) are omitted as unnecessary because of the restatement.

In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words “carrying out” in 49:1655(c)(1) (last sentence) are substituted for “the exercise of” for consistency. The words after “administratively final” are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal.

In subsection (i), the words “and exercise the powers of” are omitted as surplus. The words “when the office of the Administrator is vacant” are inserted to conform to section 102 of the revised title.

Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2417). The others are from laws enacted after October 15, 1966, in which the duties and powers are to be carried out by the Administrator rather than the Secretary.

The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (f)(4)(B)(i)(I), (ii)(I), (C)(i) and (t)(7)(A), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Section 5.13 of title 49, Code of Federal Regulations, referred to in subsec. (f)(4)(C)(i), (iii)(IV), related in subsection (d) to review of existing Department of Transportation regulations and was omitted in the general revision of part 5 of title 49, Code of Federal Regulations, effective May 3, 2021. See 86 F.R. 17294.

2024—Subsec. (a). Pub. L. 118–63, § 201(1), inserted heading.

Subsec. (b). Pub. L. 118–63, § 201(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “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. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.”

Subsecs. (c), (d). Pub. L. 118–63, § 202(a), added subsec. (c) and reserved subsec. (d) and struck out former subsecs. (c) and (d) which related to qualifications of the Administrator and the office of Deputy Administrator, respectively.

Subsec. (e). Pub. L. 118–63, § 203, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.”

Subsec. (f)(1). Pub. L. 118–63, § 204(a)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”, “In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither” for “Neither”, and “a committee, board, council, or organization that is—” and subpars. (A) and (B) for “a committee, board, or organization established by executive order.”

Subsec. (f)(2)(A)(ii). Pub. L. 118–63, § 204(a)(2)(A), substituted “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;” for “the acquisition and maintenance of property, services, and equipment of the Administration;”.

Subsec. (f)(2)(A)(iii). Pub. L. 118–63, § 204(a)(2)(B), substituted “paragraph (4)” for “paragraph (3)”.

Subsec. (f)(2)(B). Pub. L. 118–63, § 204(a)(2)(C), inserted “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” after “with respect to”.

Subsec. (f)(3). Pub. L. 118–63, § 204(a)(5), added par. (3). Former par. (3) redesignated (4).

Subsec. (f)(3)(A). Pub. L. 118–63, § 204(a)(3)(A), inserted cl. (i) designation and heading before “In the performance”, cl. (ii) designation and heading before “The Administrator shall act”, cl. (iii) designation and heading before “The Administrator shall issue”, and cl. (iv) designation and heading before “On February 1”.

Subsec. (f)(3)(B), (C). Pub. L. 118–63, § 204(a)(3)(B), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to approval of Secretary of Transportation of certain regulations and periodic review of certain regulations, respectively.

Subsec. (f)(4), (5). Pub. L. 118–63, § 204(a)(4), redesignated pars. (3) and (4) as (4) and (5), respectively.

Subsec. (g). Pub. L. 118–63, § 204(b), added reserved subsec. (g) and struck out former subsec. (g) which related to duties and powers of Administrator.

Subsec. (h). Pub. L. 118–63, § 206(g), added subsec. (h) and struck out former subsec. (h) which read as follows: “Section 40101(d) of this title applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final.”

Subsec. (j). Pub. L. 118–63, § 210, inserted heading.

Subsec. (k)(1)(A) to (F). Pub. L. 118–63, § 103(a), added subpars. (A) to (E) and struck out former subpars. (A) to (F) which appropriated amounts for salaries, operations, and maintenance for fiscal years 2018 to 2023.

Subsec. (k)(1)(G). Pub. L. 118–63, § 103(a), struck out subpar. (G) which read as follows: “$7,259,685,792 for the period beginning on October 1, 2023, and ending on May 10, 2024.”

Pub. L. 118–41, § 103(1), added subpar. (G) and struck out former subpar. (G) which read as follows: “$5,208,743,169 for the period beginning on October 1, 2023, and ending on March 8, 2024.”

Subsec. (k)(2)(D)(i) to (vi). Pub. L. 118–63, § 103(b), added cls. (ii) to (vi), redesignated former cl. (vi) as (i), and struck out former cls. (i) to (v) which authorized expenditure amounts for commercial space transportation activities for fiscal years 2018 to 2022.

Subsec. (k)(3). Pub. L. 118–63, § 103(c), designated existing provisions as subpar. (A) and inserted heading, substituted “in each of fiscal years 2024 through 2028” for “in each of fiscal years 2018 through 2023 and for the period beginning on October 1, 2023, and ending on May 10, 2024”, and added subpars. (B) and (C).

Pub. L. 118–41, § 103(2), substituted “May 10, 2024” for “March 8, 2024”.

Subsec. (p). Pub. L. 118–63, § 211(2), added subsec. (p) and struck out former subsec. (p) which established the Federal Aviation Management Advisory Council and the Air Traffic Services Committee.

Subsec. (p)(8). Pub. L. 118–63, § 211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r).

Subsec. (r)(1)(A). Pub. L. 118–63, § 212(1)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “There shall be a Chief Operating Officer for the air traffic control system to be appointed by the Administrator, with the approval of the Air Traffic Services Committee. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.”

Subsec. (r)(1)(E). Pub. L. 118–63, § 212(1)(B), substituted “may be appointed for either the remainder of the term or for a full term” for “shall be appointed for the remainder of that term”.

Subsec. (r)(2)(A). Pub. L. 118–63, § 212(2), struck out “, with the approval of the Air Traffic Services Committee” after “Administrator”.

Subsec. (r)(3). Pub. L. 118–63, § 212(3), struck out “, in consultation with the Air Traffic Services Committee,” before “shall enter” and substituted “annual basis and shall include responsibility for—” and subpars. (A) to (C) for “annual basis.”

Subsec. (r)(4). Pub. L. 118–63, § 212(4), substituted “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” for “such information as may be prescribed by the Secretary”.

Subsec. (r)(5). Pub. L. 118–63, § 212(5)(A), substituted “Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum” for “Chief Operating Officer, or any other authority within the Administration responsibilities, including” in introductory provisions.

Subsec. (r)(5)(A)(v). Pub. L. 118–63, § 212(5)(B), added cl. (v).

Subsec. (r)(5)(C)(ii). Pub. L. 118–63, § 212(5)(C), struck out “and the Committee” after “Administrator”.

Subsec. (r)(6). Pub. L. 118–63, § 213, which directed the addition of par. (6) at end of subsec. (r), was executed by adding par. (6) after par. (5) to reflect the probable intent of Congress and the intervening redesignation of par. (8) of subsec. (p) as par. (7) of subsec. (r). See below.

Subsec. (r)(7). Pub. L. 118–63, § 211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r).

Subsec. (s)(1)(A). Pub. L. 118–63, § 214(1)(E), added subpar. (A). Former subpar. (A) redesignated (B).

Pub. L. 118–63, § 214(1)(A), substituted “The Chief Technology Officer shall be appointed by the Administrator.” for “There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer.”

Subsec. (s)(1)(B). Pub. L. 118–63, § 214(1)(D), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).

Subsec. (s)(1)(B)(i). Pub. L. 118–63, § 214(1)(B), which directed amendment of subpar. (B) by substituting “management, systems management,” for “management”, was executed in cl. (i) by making the substitution for “management” the first place appearing, to reflect the probable intent of Congress.

Subsec. (s)(1)(C), (D). Pub. L. 118–63, § 214(1)(C), (D), redesignated subpar. (B) as (C) and struck out former subpars. (C) and (D) which read as follows:

“(C) Removal.—The Chief Technology Officer shall serve at the pleasure of the Administrator.

“(D) Restriction.—The Chief Technology Officer may not also be the Deputy Administrator.”

Subsec. (s)(2)(A). Pub. L. 118–63, § 214(2)(A), struck out “program” before “offices”.

Subsec. (s)(2)(F). Pub. L. 118–63, § 214(2)(B), substituted “the Administration, aircraft operators, or other private providers of information and services related to air traffic management” for “aircraft operators”.

Subsec. (s)(3)(A). Pub. L. 118–63, § 214(3)(A), struck out at end “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 that title.”

Subsec. (s)(3)(B), (C). Pub. L. 118–63, § 214(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (t)(7). Pub. L. 118–63, § 216(1), (2), added par. (7) and struck out former par. (7) which related to annual reports to Congress by Director of the Office of Whistleblower Protection and Aviation Safety Investigations.

Subsec. (t)(8)(B). Pub. L. 118–63, § 216(3), struck out comma after “management”.

2023—Subsec. (k)(1)(G). Pub. L. 118–34, § 103(1), added subpar. (G) and struck out former subpar. (G) which read as follows: “$2,995,027,322 for the period beginning on October 1, 2023, and ending on December 31, 2023.”

Pub. L. 118–15, § 2203(1), added subpar. (G).

Subsec. (k)(3). Pub. L. 118–34, § 103(2), substituted “March 8, 2024” for “December 31, 2023”.

Pub. L. 118–15, § 2203(2), inserted “and for the period beginning on October 1, 2023, and ending on December 31, 2023” after “fiscal years 2018 through 2023”.

2022—Subsec. (d)(1). Pub. L. 117–328 struck out “, a retired regular officer of an armed force, or a former regular officer of an armed force” after “active duty in an armed force”.

Subsec. (p)(5). Pub. L. 117–286, § 4(a)(302), substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

Subsec. (p)(6)(I)(i). Pub. L. 117–286, § 4(c)(46), substituted “section 13103(f) of title 5 for purposes of subchapter I of chapter 131 of such title; except that section 13103(d) of such title” for “section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act”.

2020—Subsec. (l)(7). Pub. L. 116–260, § 114, added par. (7).

Subsec. (t). Pub. L. 116–260, § 133(a)(1)(B), substituted “Office of Whistleblower Protection and Aviation Safety Investigations” for “Aviation Safety Whistleblower Investigation Office” in heading.

Subsec. (t)(1). Pub. L. 116–260, § 133(a)(1)(A), substituted “the Office of Whistleblower Protection and Aviation Safety Investigations” for “an Aviation Safety Whistleblower Investigation Office”.

Subsec. (t)(2)(E). Pub. L. 116–260, § 133(a)(2)(B), added subpar. (E).

Subsec. (t)(3)(A)(i). Pub. L. 116–260, § 133(a)(2)(A)(i), substituted “(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)” for “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process)”.

Subsec. (t)(3)(A)(iv) to (vi). Pub. L. 116–260, § 133(a)(2)(A)(ii)–(iv), added cls. (iv) to (vi).

Subsec. (t)(7). Pub. L. 116–260, § 133(a)(2)(C)(i), substituted “November 15” for “October 1” in introductory provisions.

Subsec. (t)(7)(A). Pub. L. 116–260, § 133(a)(2)(C)(ii), substituted “paragraph (3)(A)(i) in the preceding fiscal year” for “paragraph (3)(A)(i) in the preceding 12-month period”.

Subsec. (t)(7)(C). Pub. L. 116–260, § 133(a)(3)(A), inserted “the resolution of those submissions, including any” before “further” and struck out “and” at end.

Subsec. (t)(7)(E). Pub. L. 116–260, § 133(a)(3)(B), (C), added subpar. (E).

Subsec. (t)(8). Pub. L. 116–260, § 133(b), added par. (8).

2018—Subsec. (g). Pub. L. 115–254, § 1991(a), amended subsec. (g) generally. Prior to amendment, text read as follows:

“(1) Except as provided in paragraph (2) of this subsection, the Administrator shall carry out—

“(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504(b) (related to flight procedures), 47508(a), and 48107 of this title; and

“(B) additional duties and powers prescribed by the Secretary of Transportation.

“(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by section 44931 of this title.”

Subsec. (k)(1)(A)–(E). Pub. L. 115–254, § 113(a), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:

“(A) $9,653,000,000 for fiscal year 2012;

“(B) $9,539,000,000 for fiscal year 2013;

“(C) $9,596,000,000 for fiscal year 2014;

“(D) $9,653,000,000 for fiscal year 2015;

“(E) $9,909,724,000 for each of fiscal years 2016 and 2017; and”.

Subsec. (k)(1)(F). Pub. L. 115–254, § 113(a), added subpar. (F) and struck out former subpar. (F) which read as follows: “$10,025,852,000 for fiscal year 2018.”

Pub. L. 115–141, § 103(1), added subpar. (F) and struck out former subpar. (F) which read as follows: “$4,999,191,956 for the period beginning on October 1, 2017, and ending on March 31, 2018.”

Subsec. (k)(2)(D). Pub. L. 115–254, § 113(b), added subpar. (D).

Subsec. (k)(3). Pub. L. 115–254, § 113(c), substituted “fiscal years 2018 through 2023,” for “fiscal years 2012 through 2018,”.

Pub. L. 115–141, § 103(2), substituted “2018” for “2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018”.

Subsec. (p)(5). Pub. L. 115–254, § 564, substituted “Committee,” for “Committee, or” and “, or such aerospace rulemaking committees as the Secretary shall designate.” for period at end.

Subsec. (s). Pub. L. 115–254, § 545(a), amended subsec. (s) generally. Prior to amendment, subsec. (s) related to Chief NextGen Officer.

2017—Subsec. (k)(1)(F). Pub. L. 115–63, § 103(1), added subpar. (F).

Subsec. (k)(3). Pub. L. 115–63, § 103(2), inserted “and for the period beginning on October 1, 2017, and ending on March 31, 2018” after “fiscal years 2012 through 2017”.

2016—Subsec. (k)(1)(E). Pub. L. 114–190, § 1103(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “$7,711,387,500 for the period beginning on October 1, 2015, and ending on July 15, 2016.”

Pub. L. 114–141, § 103(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “$4,870,350,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.”

Subsec. (k)(3). Pub. L. 114–190, § 1103(2), substituted “fiscal years 2012 through 2017,” for “fiscal years 2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016,”.

Pub. L. 114–141, § 103(2), substituted “July 15, 2016” for “March 31, 2016”.

2015—Subsec. (k)(1)(E). Pub. L. 114–55, § 103(1), added subpar. (E).

Subsec. (k)(3). Pub. L. 114–55, § 103(2), inserted “and for the period beginning on October 1, 2015, and ending on March 31, 2016” after “fiscal years 2012 through 2015”.

2014—Subsec. (p)(7)(H), (I). Pub. L. 113–188 redesignated subpar. (I) as (H) and struck out former subsec. (H) which related to reports and other actions by the Air Traffic Services Committee, Administrator, and Comptroller General.

2012—Subsec. (b). Pub. L. 112–166, § 2(k)(2)(A), substituted “, who shall be appointed” for “. The Administration has a Deputy Administrator. They are appointed”.

Subsec. (d)(1). Pub. L. 112–166, § 2(k)(2)(B), substituted “The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall” for “The Deputy Administrator must”.

Subsec. (k)(1). Pub. L. 112–95, § 103(a), added subpars. (A) to (D) and struck out former subpars. (A) to (H) which authorized appropriations for fiscal years 2004 through 2011 and for the period beginning Oct. 1, 2011, and ending Feb. 17, 2012.

Subsec. (k)(1)(H). Pub. L. 112–91 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “$3,197,315,080 for the period beginning on October 1, 2011, and ending on January 31, 2012.”

Subsec. (k)(2). Pub. L. 112–95, § 103(b), redesignated subpars. (E) to (G) as (A) to (C), respectively, substituted “2012 through 2015” for “2004 through 2007” in subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows:

“(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.

“(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.

“(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.

“(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.”

Subsec. (k)(2)(C). Pub. L. 112–95, § 306(b), inserted “and the development and maintenance of helicopter approach procedures” before period at end.

Subsec. (k)(3). Pub. L. 112–95, § 103(c), added par. (3).

Subsec. (m). Pub. L. 112–95, § 203, in last sentence, inserted “with or” after “from the Administration,”.

Subsec. (s). Pub. L. 112–95, § 204, added subsec. (s).

Subsec. (t). Pub. L. 112–95, § 341, added subsec. (t).

2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added subpars. (G) and (H).

2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$7,813,037,096 for the period beginning on October 1, 2009, and ending on August 1, 2010.”

Pub. L. 111–197 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.”

Pub. L. 111–161 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$5,454,183,000 for the 7-month period beginning on October 1, 2009.”

Pub. L. 111–153 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$4,676,574,750 for the 6-month period beginning on October 1, 2009.”

2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted “$9,042,467,000 for fiscal year 2009” for “$4,516,364,500 for the 6-month period beginning on October 1, 2008”.

Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$2,338,287,375 for the 3-month period beginning on October 1, 2009.”

Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F).

2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar. (E).

2003—Subsec. (d)(2) to (4). Pub. L. 108–176, § 204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (f)(2)(A)(ii). Pub. L. 108–176, § 224(c), inserted “, services,” after “property”.

Subsec. (k)(1). Pub. L. 108–176, § 103(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1) In general.—There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration—

“(A) such sums as may be necessary for fiscal year 2000;

“(B) $6,592,235,000 for fiscal year 2001;

“(C) $6,886,000,000 for fiscal year 2002; and

“(D) $7,357,000,000 for fiscal year 2003.

Such sums shall remain available until expended.”

Subsec. (k)(2). Pub. L. 108–176, § 103(b), redesignated subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. (A) to (C), substituted “fiscal years 2004 through 2007” for “fiscal years 2000 through 2003”, added subpars. (D) to (G), struck out former subpars. (A) and (B), which related to expenditures for wildlife measures and a university consortium for an air safety and security management certificate program, and struck out former subpars. (F) to (I), which related to expenditures for the 1998 airport surface operations safety action plan, United States membership obligations in the International Civil Aviation Organization, additional inspectors to enhance air cargo security programs, and improved training programs for airport security screening personnel.

Subsec. (p). Pub. L. 108–176, § 201(1), inserted “and Air Traffic Services Board” after “Council” in heading.

Subsec. (p)(2). Pub. L. 108–176, § 201(2)(A), substituted “consist of 13 members, who” for “consist of 18 members, who” in introductory provisions.

Subsec. (p)(2)(C)(i). Pub. L. 108–176, § 201(2)(B), inserted “, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation” after “Senate”.

Subsec. (p)(2)(C)(ii). Pub. L. 108–176, § 201(2)(C)(ii), substituted “; and” for semicolon at end.

Subsec. (p)(2)(D). Pub. L. 108–176, § 201(2)(D), substituted “employees, by the Secretary of Transportation.” for “employees, by—

“(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and

“(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and”.

Subsec. (p)(2)(E). Pub. L. 108–176, § 201(2)(D), struck out subpar. (E) which read as follows: “5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

Subsec. (p)(3). Pub. L. 108–176, § 202(1), added par. (3) and struck out former par. (3) which related to qualifications for serving on the Council.

Subsec. (p)(4)(C). Pub. L. 108–176, § 202(2), inserted “or Air Traffic Services Committee” after “Council” in two places.

Subsec. (p)(5). Pub. L. 108–176, § 202(3), inserted “, the Air Traffic Services Committee,” after “Council”.

Subsec. (p)(6)(C). Pub. L. 108–176, § 202(4), in heading substituted “committee” for “subcommittee” and in text substituted “members appointed” for “member appointed”, “to the Air Traffic Services Committee shall” for “under paragraph (2)(E) shall”, and “the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).” for “of the members first appointed under paragraph (2)(E)—

“(i) 2 members shall be appointed for a term of 3 years;

“(ii) 2 members shall be appointed for a term of 4 years; and

“(iii) 1 member shall be appointed for a term of 5 years.”

Subsec. (p)(6)(D). Pub. L. 108–176, § 202(5), substituted “to the Committee” for “under paragraph (2)(E)”.

Subsec. (p)(6)(E). Pub. L. 108–176, § 202(6), inserted “or Committee” after “Council”.

Subsec. (p)(6)(F). Pub. L. 108–176, § 202(7), inserted “of the Council or Committee” after “member”.

Subsec. (p)(6)(G). Pub. L. 108–176, § 202(8), in second sentence substituted “Committee” for “Council” and struck out “appointed under paragraph (2)(E)” before “may be removed”.

Subsec. (p)(6)(H). Pub. L. 108–176, § 202(9)(A), substituted “committee” for “subcommittee” in heading.

Subsec. (p)(6)(H)(i). Pub. L. 108–176, § 202(9)(B), (C), substituted “to the Committee” for “under paragraph (2)(E)” and “of the Committee” for “of the Air Traffic Services Subcommittee”.

Subsec. (p)(6)(I)(i). Pub. L. 108–176, § 202(10), substituted “is serving as” for “appointed under paragraph (2)(E) is” and “Committee” for “Subcommittee”.

Subsec. (p)(6)(I)(ii). Pub. L. 108–176, § 202(11), substituted “who is a member of the Committee” for “appointed under paragraph (2)(E)” and “Committee;” for “Subcommittee;”.

Subsec. (p)(6)(K). Pub. L. 108–176, § 202(12), inserted “or Committee” after “Council”.

Subsec. (p)(6)(L). Pub. L. 108–176, § 202(13), inserted “or Committee” after “Council” in two places.

Subsec. (p)(7). Pub. L. 108–176, § 202(14)(A), substituted “committee” for “subcommittee” in heading.

Subsec. (p)(7)(A). Pub. L. 108–176, § 202(14)(B), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “The Management Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed under paragraph (2)(E).”

Subsec. (p)(7)(B), (C). Pub. L. 108–176, § 202(14)(D), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively.

Subsec. (p)(7)(D). Pub. L. 108–176, § 202(14)(E), substituted “Committee” for “Subcommittee” in two places.

Pub. L. 108–176, § 202(14)(C), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).

Subsec. (p)(7)(E). Pub. L. 108–176, § 202(14)(I), struck out concluding provisions which read as follows: “The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President’s annual budget request for the Federal Aviation Administration for such fiscal year.”

Pub. L. 108–176, § 202(14)(E), substituted “Committee” for “Subcommittee” in introductory provisions.

Pub. L. 108–176, § 202(14)(C), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G).

Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, § 202(14)(F), substituted “make recommendations on” for “approve”.

Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, § 202(14)(G), substituted “recommendations” for “request”.

Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, § 202(14)(H), substituted “base such budget recommendations on” for “ensure that the budget request supports”.

Subsec. (p)(7)(F). Pub. L. 108–176, § 202(14)(J), added subpar. (F) and struck out heading and text of former subpar. (F). Text read as follows:

“(i) Compensation of members.—Each member of the Subcommittee shall be compensated at a rate of $25,000 per year.

“(ii) Compensation of chairperson.—Notwithstanding clause (i), the chairperson of the Subcommittee shall be compensated at a rate of $40,000 per year.

“(iii) Staff.—The chairperson of the Subcommittee may appoint and terminate any personnel that may be necessary to enable the Subcommittee to perform its duties.

“(iv) Procurement of temporary and intermittent services.—The chairperson of the Subcommittee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.”

Pub. L. 108–176, § 202(14)(C), redesignated subpar (D) as (F). Former subpar. (F) redesignated (H).

Subsec. (p)(7)(G). Pub. L. 108–176, § 202(14)(K), substituted “Committee” for “Subcommittee” wherever appearing, redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “Term of chair.—The members of the Subcommittee shall elect for a 2-year term a chairperson from among the members of the Subcommittee.”

Pub. L. 108–176, § 202(14)(C), redesignated subpar. (E) as (G).

Subsec. (p)(7)(H). Pub. L. 108–176, § 202(14)(C), redesignated subpar. (F) as (H).

Subsec. (p)(7)(H)(i). Pub. L. 108–176, § 202(14)(L)(i), (ii), substituted “Committee shall” for “Subcommittee shall” and “Secretary” for “Administrator, the Council”.

Subsec. (p)(7)(H)(ii). Pub. L. 108–176, § 202(14)(L), substituted “Committee under” for “Subcommittee under”, “subparagraph (D)(i)” for “subparagraph (B)(i)”, “Committee shall” for “Subcommittee shall”, and “Secretary” for “Administrator, the Council”.

Subsec. (p)(7)(H)(iii), (iv). Pub. L. 108–176, § 202(14)(L)(i), in cl. (iii) substituted “Committee under” for “Subcommittee under” and “Committee, the” for “Subcommittee, the” and in cl. (iv) substituted “Committee in” for “Subcommittee in”.

Subsec. (p)(7)(I). Pub. L. 108–176, § 202(14)(M), added subpar. (I).

Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, § 203(1), substituted “Air Traffic Services Committee” for “Air Traffic Services Subcommittee of the Aviation Management Advisory Council”.

Subsec. (r)(2)(B). Pub. L. 108–176, § 203(2), inserted “in” before “paragraph (3)”.

Subsec. (r)(3). Pub. L. 108–176, § 203(3), substituted “Air Traffic Services Committee” for “Air Traffic Control Subcommittee of the Aviation Management Advisory Committee”.

Subsec. (r)(4). Pub. L. 108–176, § 203(4), substituted “Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” for “Transportation and Congress”.

Subsec. (r)(5)(A). Pub. L. 108–176, § 203(5), in introductory provisions substituted “implement the” for “develop a” and “in order to further” for “, including the establishment of”.

Subsec. (r)(5)(B). Pub. L. 108–176, § 203(6)(A), substituted “oversee the day-to-day operational functions of the Administration for air traffic control,” for “review the operational functions of the Administration,” in introductory provisions.

Subsec. (r)(5)(B)(iv). Pub. L. 108–176, § 203(6)(B)–(D), added cl. (iv).

Subsec. (r)(5)(C)(i). Pub. L. 108–176, § 203(7), struck out “prepared by the Administrator” after “air traffic control system”.

Subsec. (r)(5)(C)(ii). Pub. L. 108–176, § 203(8), substituted “and the Committee” for “and the Secretary of Transportation”.

Subsec. (r)(5)(C)(iii). Pub. L. 108–176, § 203(9), inserted “agency’s” before “annual” and substituted “for air traffic control services” for “developed under subparagraph (A) of this subsection”.

2001—Subsec. (m). Pub. L. 107–71, § 101(d), substituted “supplies, personnel, services, and” for “supplies and” in last sentence.

Subsec. (r)(2)(A). Pub. L. 107–71, § 101(c)(3), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title.”

2000—Subsec. (f)(3)(A). Pub. L. 106–181, § 306, inserted at end “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.”

Subsec. (f)(3)(B)(i). Pub. L. 106–181, § 305(1), (2), in introductory provisions, substituted “$250,000,000” for “$100,000,000” and “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” for “Air Traffic Management System Performance Improvement Act of 1996”.

Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, § 305(1), (3), substituted “$250,000,000” for “$100,000,000” and inserted “substantial and” before “material” and “or” after semicolon at end.

Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, § 305(4), added subcl. (II) and struck out former subcls. (II) to (IV) which read as follows:

“(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

“(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

“(IV) raise novel legal or policy issues arising out of legal mandates.”

Subsec. (g)(1)(A). Pub. L. 106–181, § 701, substituted “40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections” for “40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a) and (b), chapter 451, sections 45302–45304,”.

Subsec. (k). Pub. L. 106–181, § 103(a), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal year 1999.”

Subsec. (l)(1). Pub. L. 106–181, § 307(c)(1), substituted “subsections (a) and (g) of section 40122” for “section 40122(a) of this title and section 347 of Public Law 104–50”.

Subsec. (p)(2). Pub. L. 106–528, which directed the substitution of “18” for “15” in section 106(p)(2), without specifying the Code title to be amended, was executed by making the substitution in the introductory provisions of subsec. (p)(2) of this section, to reflect the probable intent of Congress.

Subsec. (p)(2)(C) to (E). Pub. L. 106–181, § 302(a)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: “13 members representing aviation interests, appointed by the President by and with the advice and consent of the Senate.”

Subsec. (p)(3). Pub. L. 106–181, § 302(a)(2), designated existing provisions as subpar. (A), inserted subpar. heading, realigned margins, inserted “or (2)(E)” after “paragraph (2)(C)”, and added subpars. (B) and (C).

Subsec. (p)(6). Pub. L. 106–181, § 302(b), added subpars. (A) to (I), redesignated former subpars. (B) to (D) as (J) to (L), respectively, and struck out former subpar. (A) which related to terms of members appointed to the Advisory Council.

Subsec. (p)(7), (8). Pub. L. 106–181, § 302(c), added pars. (7) and (8).

Subsec. (r). Pub. L. 106–181, § 303, added subsec. (r).

1999—Subsec. (k). Pub. L. 106–6 substituted “$5,632,000,000 for fiscal year 1999.” for “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.”

1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L. 104–264, § 276(c). See 1996 Amendment note below.

1996—Subsec. (b). Pub. L. 104–287 substituted “August 23, 1994,” for “the date of the enactment of this sentence”.

Pub. L. 104–264, § 223(a)(1), substituted “Except as provided in subsection (f) or in other provisions of law, the Administrator” for “The Administrator”.

Subsec. (f). Pub. L. 104–264, § 223(a)(2), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, realigned margins, substituted “Neither the Secretary nor the Administrator may” for “The Secretary may not” and “or be bound” for “nor be bound”, and added pars. (2) and (3).

Subsec. (f)(3). Pub. L. 104–264, § 224(2), added par. (3). Former par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 104–264, § 224(1), redesignated par. (3) as (4).

Subsec. (g)(1)(A). Pub. L. 104–264, § 276(c), as added by Pub. L. 105–102, substituted “45302–45304” for “45302, 45303”.

Subsec. (k). Pub. L. 104–264, § 103(a), substituted “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.” for “$4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.”

Subsec. (l). Pub. L. 104–264, § 225, added subsec. (l).

Subsec. (l)(6). Pub. L. 104–264, § 226, added par. (6).

Subsec. (m). Pub. L. 104–264, § 227, added subsec. (m).

Subsec. (n). Pub. L. 104–264, § 228, added subsec. (n).

Subsec. (o). Pub. L. 104–264, § 229, added subsec. (o).

Subsec. (p). Pub. L. 104–264, § 230, added subsec. (p).

Subsec. (q). Pub. L. 104–264, § 1210, added subsec. (q).

1994—Subsec. (b). Pub. L. 103–305, § 201, inserted at end “The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.”

Subsec. (f). Pub. L. 103–272, § 4(j)(3)(A), substituted “Secretary of Transportation shall” for “Secretary shall”.

Subsec. (g). Pub. L. 103–272, § 4(j)(3)(B), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Administrator shall carry out—

“(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and

“(2) additional duties and powers prescribed by the Secretary.”

Subsec. (h). Pub. L. 103–272, § 5(m)(4)(A), substituted “Section 40101(d) of this title” for “Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)”.

Subsec. (j). Pub. L. 103–272, § 5(m)(4)(B), substituted “section 44507 of this title” for “section 312(e) of the Federal Aviation Act of 1958”.

Subsec. (k). Pub. L. 103–305, § 103, substituted “, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996” for “, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.

Pub. L. 103–272, § 4(j)(3)(C), inserted “to the Secretary of Transportation” after “appropriated”.

1992—Subsec. (k). Pub. L. 102–581 substituted “1991,” for “1991 and” and inserted before period at end “, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.

1990—Subsec. (g)(1). Pub. L. 101–604 inserted “315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),” after “312–314,”.

Subsec. (k). Pub. L. 101–508 added subsec. (k).

1988—Subsec. (j). Pub. L. 100–591 added subsec. (j).

1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Pub. L. 108–176, § 3, Dec. 12, 2003, 117 Stat. 2493, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 2003.”

Pub. L. 106–528, § 9, Nov. 22, 2000, 114 Stat. 2523, provided that: “Except as otherwise expressly provided, this Act [amending this section and sections 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 40101, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Nov. 22, 2000].”

Pub. L. 106–181, § 3, Apr. 5, 2000, 114 Stat. 64, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999.”

Pub. L. 106–181, title III, § 302(d), Apr. 5, 2000, 114 Stat. 121, provided that:

Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(3) is effective Oct. 9, 1996.

Pub. L. 105–102, § 3(f), Nov. 20, 1997, 111 Stat. 2216, provided that: “The amendments made by subsections (a) through (d) of this section [amending this section and sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and 47128 of this title, renumbering section 40121 of this title as 40124 of this title, and amending provisions set out as notes under sections 5303 and 47117 of this title] shall take effect as if included in the provisions of the Acts to which the amendments relate.”

Pub. L. 104–264, § 3, Oct. 9, 1996, 110 Stat. 3215, provided that:

Pub. L. 104–264, title II, § 203, Oct. 9, 1996, 110 Stat. 3227, provided that: “The provisions of this title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending this section and section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing section 45301 of this title, and enacting provisions set out as notes under this section and sections 40101, 40110, and 41742 of this title] and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act [Oct. 9, 1996].”

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Pub. L. 118–63, title II, § 204(c), May 16, 2024, 138 Stat. 1041, provided that: “Nothing in this section [amending this section] or the amendments made by this section shall be construed to restrict any authority vested in the Administrator [of the Federal Aviation Administration] by statute or by delegation that was in effect on the day before the date of the enactment of this Act [May 16, 2024].”

Pub. L. 118–63, title II, § 207, May 16, 2024, 138 Stat. 1046, provided that:

Pub. L. 118–63, title II, § 221, May 16, 2024, 138 Stat. 1058, provided that:

Pub. L. 118–63, title II, § 224, May 16, 2024, 138 Stat. 1061, provided that:

Pub. L. 118–63, title II, § 226, May 16, 2024, 138 Stat. 1062, provided that: “The Administrator [of the Federal Aviation Administration] shall designate any aviation rulemaking committee convened under this Act [see Tables for classification] pursuant to section 106(p)(5) of title 49, United States Code.”

Pub. L. 118–63, title IV, § 404, May 16, 2024, 138 Stat. 1152, provided that:

Pub. L. 118–63, title XI, § 1106, May 16, 2024, 138 Stat. 1417, provided that:

Pub. L. 117–2, title VII, § 7103, Mar. 11, 2021, 135 Stat. 98, provided that:

Pub. L. 115–254, div. B, title I, § 180, Oct. 5, 2018, 132 Stat. 3230, provided that:

Pub. L. 115–254, div. B, title V, § 558, Oct. 5, 2018, 132 Stat. 3383, provided that:

Pub. L. 115–254, div. B, title VII, § 711, Oct. 5, 2018, 132 Stat. 3410, provided that:

Pub. L. 112–95, title II, § 223, Feb. 14, 2012, 126 Stat. 55, provided that: “The Administrator of the Federal Aviation Administration shall make payments to the Department of Defense for the education of dependent children of those Administration employees in Puerto Rico and Guam as they are subject to transfer by policy and practice and meet the eligibility requirements of section 2164(c) of title 10, United States Code.”

Pub. L. 115–254, div. B, title V, § 511, Oct. 5, 2018, 132 Stat. 3356, provided that:

[For definitions of terms used in section 511 of Pub. L. 115–254, set out above, see sections 101 and 501 of Pub. L. 115–254, set out as notes under section 40101 of this title.]

Pub. L. 112–95, title VIII, § 812, Feb. 14, 2012, 126 Stat. 124, provided that:

Pub. L. 112–95, title VIII, § 825, Feb. 14, 2012, 126 Stat. 131, provided that:

Pub. L. 108–176, title VII, § 702, Dec. 12, 2003, 117 Stat. 2576, provided that:

Pub. L. 106–181, title IX, § 903, Apr. 5, 2000, 114 Stat. 196, provided that: “The Administrator [of the Federal Aviation Administration] shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act [see Tables for classification]. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.”

Pub. L. 104–264, title II, § 221, Oct. 9, 1996, 110 Stat. 3227, provided that: “Congress finds the following:

Pub. L. 104–264, title II, § 222, Oct. 9, 1996, 110 Stat. 3229, provided that: “The purposes of this title [see Effective Date of 1996 Amendment note set out above] are—

Pub. L. 104–264, title II, § 223(b), Oct. 9, 1996, 110 Stat. 3230, provided that: “Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996].”

Pub. L. 104–50, title III, § 347, Nov. 15, 1995, 109 Stat. 460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 105–339, § 5, Oct. 31, 1998, 112 Stat. 3187, which required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, a personnel management system, exempt from most provisions of Title 5, Government Organization and Employees, to provide for greater flexibility in the hiring, training, compensation, and location of personnel, was repealed by Pub. L. 106–181, title III, § 307(d), Apr. 5, 2000, 114 Stat. 126.

Pub. L. 106–346, § 101(a) [title III, § 303], Oct. 23, 2000, 114 Stat. 1356, 1356A–23, as amended by Pub. L. 114–95, title IX, § 9215(x), Dec. 10, 2015, 129 Stat. 2172, provided that: “Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.], for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 106–69, title III, § 303, Oct. 9, 1999, 113 Stat. 1015.

Pub. L. 105–277, div. A, § 101(g) [title III, § 303], Oct. 21, 1998, 112 Stat. 2681–439, 2681–464.

Pub. L. 105–66, title III, § 303, Oct. 27, 1997, 111 Stat. 1441.

Pub. L. 104–205, title III, § 303, Sept. 30, 1996, 110 Stat. 2968.

Pub. L. 104–50, title III, § 303, Nov. 15, 1995, 109 Stat. 453.

Pub. L. 103–331, title III, § 303, Sept. 30, 1994, 108 Stat. 2488.

Pub. L. 103–122, title III, § 303, Oct. 27, 1993, 107 Stat. 1219.

Pub. L. 102–388, title III, § 303, Oct. 6, 1992, 106 Stat. 1543.

Pub. L. 102–143, title III, § 303, Oct. 28, 1991, 105 Stat. 939.

Pub. L. 101–516, title III, § 303, Nov. 5, 1990, 104 Stat. 2178.

Pub. L. 101–164, title III, § 303, Nov. 21, 1989, 103 Stat. 1091.

Pub. L. 100–457, title III, § 303, Sept. 30, 1988, 102 Stat. 2146.

Pub. L. 100–202, § 101(l) [title III, § 303], Dec. 22, 1987, 101 Stat. 1329–358, 1329–377.

Pub. L. 99–500, § 101(l) [H.R. 5205, title III, § 303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308.

Pub. L. 99–190, § 101(e) [title III, § 303], Dec. 19, 1985, 99 Stat. 1267, 1284.

Pub. L. 98–473, title I, § 101(i) [title III, § 303], Oct. 12, 1984, 98 Stat. 1944, 1961.

Pub. L. 98–78, title III, § 303, Aug. 15, 1983, 97 Stat. 470.

Pub. L. 97–369, title III, § 306, Dec. 18, 1982, 96 Stat. 1781.

Pub. L. 97–102, title III, § 306, Dec. 23, 1981, 95 Stat. 1458.

Pub. L. 96–400, title III, § 306, Oct. 9, 1980, 94 Stat. 1695.

Pub. L. 96–131, title III, § 307, Nov. 30, 1979, 93 Stat. 1037.

Pub. L. 95–335, title III, § 310, Aug. 4, 1978, 92 Stat. 448.

Pub. L. 95–85, title III, § 310, Aug. 2, 1977, 91 Stat. 416.

Pub. L. 94–387, title III, § 312, Aug. 14, 1976, 90 Stat. 1185.

Pub. L. 94–134, title III, § 310, Nov. 24, 1975, 89 Stat. 711.

Pub. L. 93–391, title III, § 311, Aug. 28, 1974, 88 Stat. 780.

Pub. L. 93–98, title III, § 313, Aug. 16, 1973, 87 Stat. 340.

Pub. L. 92–398, title III, § 313, Aug. 22, 1972, 86 Stat. 591.

Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.

Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.

Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.

Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.

Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.

Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.

Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.

Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.

Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.

Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.

Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.

Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.

Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.

Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.

Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.

June 1, 1955, ch. 113, title I, 69 Stat. 74.

May 28, 1954, ch. 242, title I, 68 Stat. 146.

June 18, 1953, ch. 132, title I, 67 Stat. 69.

Pub. L. 99–500, title V, §§ 501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783–373, and Pub. L. 99–591, title V, §§ 501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most efficiently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986.

Pub. L. 102–308, June 26, 1992, 106 Stat. 273, provided: “That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards’ appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code.

Prior provisions authorizing the appointment of a retired military officer as Administrator were contained in the following acts:

Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678.

Pub. L. 101–47, June 30, 1989, 103 Stat. 134.

Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125.

Pub. L. 89–46, June 22, 1965, 79 Stat. 171.

Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation’s air transportation system, it is hereby ordered as follows:

Section 1. Establishment of the Air Traffic Organization. (a) The Secretary of Transportation (Secretary) shall, consistent with his legal authorities, move to establish within the Federal Aviation Administration (FAA) a performance-based organization to be known as the “Air Traffic Organization” (ATO).

(b) The ATO shall be composed of those elements of the FAA’s Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator’s responsibility for general safety, security, and policymaking functions for the National Airspace System is unaffected by this order.

(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106–181) [see Short Title of 2000 Amendments note set out under section 40101 of this title], shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the COO’s performance in relation to the targets and goals described above.

(d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system’s safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole.

(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of the FAA.

Sec. 2. Purpose. The FAA’s primary mission is to ensure the safety, security, and efficiency of the National Airspace System. The purpose of this order is to enhance that mission and further improve the delivery of air traffic services to the American public by reorganizing the FAA’s air traffic services and related offices into a performance-based, results-oriented, organization. The ATO will be better able to make use of the unique procurement and personnel authorities that the FAA currently has and to better use the additional management reforms enacted by the Congress this year under Air-21. Specifically, the ATO shall:

(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system;

(b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control;

(c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide;

(d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings;

(e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA’s external customer needs;

(f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System;

(g) establish strong incentives to managers for achieving results; and

(h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its performance goals.

Sec. 3. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of the Aviation Management Advisory Committee shall provide, consistent with its responsibilities under Air-21, general oversight to ATO regarding the administration, management, conduct, direction, and supervision of the air traffic control system.

Sec. 4. Evaluation and Report. Not later than 5 years after the date of this order, the Aviation Management Advisory Committee shall provide to the Secretary and the Administrator a report on the operation and effectiveness of the ATO, together with any recommendations for management, fiscal, or legislative changes to enable the organization to achieve its goals.

Sec. 5. Definitions. The term “air traffic control system” has the same meaning as the term defined by section 40102(a)(42) [now 40102(a)(47)] of title 49, United States Code.

Sec. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

Pub. L. 104–264, title II, § 202, Oct. 9, 1996, 110 Stat. 3227, provided that: “In this title [see Effective Date of 1996 Amendment note set out above], the following definitions apply: