§ 40101. — Policy.
Code Resources
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40101]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart i--general
CHAPTER 401--GENERAL PROVISIONS
Sec. 40101. Policy
(a) Economic Regulation.--In carrying out subpart II of this part
and those provisions of subpart IV applicable in carrying out subpart
II, the Secretary of Transportation shall consider the following
matters, among others, as being in the public interest and consistent
with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in
air commerce.
(2) before authorizing new air transportation services,
evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures,
recognizing the clear intent, encouragement, and dedication of
Congress to further the highest degree of safety in air
transportation and air commerce, and to maintain the safety
vigilance that has evolved in air transportation and air commerce
and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic,
efficient, and low-priced services without unreasonable
discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations
among, air carriers, and encouraging fair wages and working
conditions.
(6) placing maximum reliance on competitive market forces and on
actual and potential competition--
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to
earn adequate profits and attract capital, considering any
material differences between interstate air transportation and
foreign air transportation.
(7) developing and maintaining a sound regulatory system that is
responsive to the needs of the public and in which decisions are
reached promptly to make it easier to adapt the air transportation
system to the present and future needs of--
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban areas through
secondary or satellite airports if consistent with regional airport
plans of regional and local authorities, and if endorsed by
appropriate State authorities--
(A) encouraging the transportation by air carriers that
provide, in a specific market, transportation exclusively at
those airports; and
(B) fostering an environment that allows those carriers to
establish themselves and develop secondary or satellite airport
services.
(9) preventing unfair, deceptive, predatory, or anticompetitive
practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive
market domination, monopoly powers, and other conditions that would
tend to allow at least one air carrier or foreign air carrier
unreasonably to increase prices, reduce services, or exclude
competition in air transportation.
(11) maintaining a complete and convenient system of continuous
scheduled interstate air transportation for small communities and
isolated areas with direct financial assistance from the United
States Government when appropriate.
(12) encouraging, developing, and maintaining an air
transportation system relying on actual and potential competition--
(A) to provide efficiency, innovation, and low prices; and
(B) to decide on the variety and quality of, and determine
prices for, air transportation services.
(13) encouraging entry into air transportation markets by new
and existing air carriers and the continued strengthening of small
air carriers to ensure a more effective and competitive airline
industry.
(14) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport industry.
(15) strengthening the competitive position of air carriers to
at least ensure equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(16) ensuring that consumers in all regions of the United
States, including those in small communities and rural and remote
areas, have access to affordable, regularly scheduled air service.
(b) All-Cargo Air Transportation Considerations.--In carrying out
subpart II of this part and those provisions of subpart IV applicable in
carrying out subpart II, the Secretary of Transportation shall consider
the following matters, among others and in addition to the matters
referred to in subsection (a) of this section, as being in the public
interest for all-cargo air transportation:
(1) encouraging and developing an expedited all-cargo air
transportation system provided by private enterprise and responsive
to--
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transportation
system relying on competitive market forces to decide the extent,
variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination,
unfair or deceptive practices, or predatory pricing.
(c) General Safety Considerations.--In carrying out subpart III of
this part and those provisions of subpart IV applicable in carrying out
subpart III, the Administrator of the Federal Aviation Administration
shall consider the following matters:
(1) the requirements of national defense and commercial and
general aviation.
(2) the public right of freedom of transit through the navigable
airspace.
(d) Safety Considerations in Public Interest.--In carrying out
subpart III of this part and those provisions of subpart IV applicable
in carrying out subpart III, the Administrator shall consider the
following matters, among others, as being in the public interest:
(1) assigning, maintaining, and enhancing safety and security as
the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety
and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new
aviation technology.
(4) controlling the use of the navigable airspace and regulating
civil and military operations in that airspace in the interest of
the safety and efficiency of both of those operations.
(5) consolidating research and development for air navigation
facilities and the installation and operation of those facilities.
(6) developing and operating a common system of air traffic
control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the
enforcement of laws related to regulation of controlled substances,
to the extent consistent with aviation safety.
(e) International Air Transportation.--In formulating United States
international air transportation policy, the Secretaries of State and
Transportation shall develop a negotiating policy emphasizing the
greatest degree of competition compatible with a well-functioning
international air transportation system, including the following:
(1) strengthening the competitive position of air carriers to
ensure at least equality with foreign air carriers, including the
attainment of the opportunity for air carriers to maintain and
increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer
prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air
transportation.
(4) the maximum degree of multiple and permissive international
authority for air carriers so that they will be able to respond
quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to the
greatest extent possible.
(6) integrating domestic and international air transportation.
(7) increasing the number of nonstop United States gateway
cities.
(8) opportunities for carriers of foreign countries to increase
their access to places in the United States if exchanged for
benefits of similar magnitude for air carriers or the traveling
public with permanent linkage between rights granted and rights
given away.
(9) eliminating discrimination and unfair competitive practices
faced by United States airlines in foreign air transportation,
including--
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aeronautics
and a viable, privately-owned United States air transport industry.
(f) Strengthening Competition.--In selecting an air carrier to
provide foreign air transportation from among competing applicants, the
Secretary of Transportation shall consider, in addition to the matters
specified in subsections (a) and (b) of this section, the strengthening
of competition among air carriers operating in the United States to
prevent unreasonable concentration in the air carrier industry.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1094; Pub. L. 104-
264, title IV, Sec. 401(a), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 106-
181, title II, Sec. 201, Apr. 5, 2000, 114 Stat. 91.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40101(a).............................. 49 App.:1302(a). Aug. 23, 1958, Pub. L. 85-726, Sec.
102(a), 72 Stat. 740; Nov. 9, 1977,
Pub. L. 95-163, Sec. 16(b)(1), (2),
91 Stat. 1284; Oct. 24, 1978, Pub. L.
95-504, Sec. 3(a), 92 Stat. 1705;
restated Feb. 15, 1980, Pub. L. 96-
192, Sec. 2, 94 Stat. 35.
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1601(b)(1)(E); added Oct.
4, 1984, Pub. L. 98-443, Sec. 3(e),
98 Stat. 1704.
40101(b).............................. 49 App.:1302(b). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 102(b); added Nov. 9, 1977,
Pub. L. 95-163, Sec. 16(b)(3), 91
Stat. 1284.
49 App.:1551(b)(1)(E).
40101(c).............................. 49 App.:1347. Aug. 23, 1958, Pub. L. 85-726, Sec.
306, 72 Stat. 749.
49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89-670, Sec.
6(c)(1), 80 Stat. 938; Jan. 12, 1983,
Pub. L. 97-449, Sec. 7(b), 96 Stat.
2444.
40101(d).............................. 49 App.:1303. Aug. 23, 1958, Pub. L. 85-726, Sec.
103, 72 Stat. 740; Nov. 18, 1988, Pub.
L. 100-690, Sec. 7202(b), 102 Stat.
4424.
49 App.:1655(c)(1).
40101(e).............................. 49 App.:1502(b). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1102(b); added Feb. 15,
1980, Pub. L. 96-192, Sec. 17, 94
Stat. 42.
49 App.:1551(b)(1)(E).
40101(f).............................. 49 App.:1302(c). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 102(c); added Oct. 31,
1992, Pub. L. 102-581, Sec. 205, 106
Stat. 4894.
----------------------------------------------------------------------------------------------------------------
In this part, the words ``overseas air commerce'' and ``overseas air
transportation'' are omitted as obsolete because there no longer is a
distinction in economic or safety regulation between ``interstate'' and
``overseas'' air commerce or air transportation.
In this section, the words ``In carrying out . . . this part'' are
substituted for ``In the exercise and performance of its powers and
duties under this chapter'' in 49 App.:1302(a), ``In the exercise and
performance of his powers and duties under this chapter'' in 49
App.:1303, and ``In exercising the authority granted in, and discharging
the duties imposed by, this chapter'' in 49 App.:1347 for consistency in
the revised title and to eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added
because the policy applies only to economic issues, and under the
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the
Civil Aeronautics Board was given responsibility for economic issues.
In subsection (a)(2), the word ``full'' is omitted as surplus. The
words ``the recommendations of the Secretary of Transportation on'' are
omitted as obsolete because the Secretary carries out 49 App.:1302(a).
The words ``and full evaluation of any report or recommendation
submitted under section 1307 of this Appendix'' are omitted as obsolete
because the report and recommendations are no longer required.
In subsection (a)(4), the words ``by air carriers and foreign air
carriers'' are omitted as surplus. The words ``unreasonable
discrimination'' are substituted for ``unjust discriminations, undue
preferences or advantages'' for consistency in the revised title and to
eliminate unnecessary words.
In subsection (a)(6)(B), the words ``nevertheless'', ``on the one
hand'', and ``on the other'' are omitted as surplus.
In subsection (a)(8), before subclause (A), the word ``authorities''
is substituted for ``entities'' for consistency in the revised title and
with other titles of the Code. In subclause (A), the words ``sole
responsibility'' are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words ``United States'' are omitted as
surplus because of the definition of ``air carrier'' in section 40102(a)
of the revised title.
In subsection (b)(3), the words ``unreasonable discrimination'' are
substituted for ``unjust discriminations, undue preferences or
advantages'' for consistency in the revised title and to eliminate
unnecessary words.
In subsections (c) and (d), the reference to subpart III is added
because the policies apply only to safety issues, and under the Federal
Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the Federal
Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word ``Administrator'' in
section 306 of the Federal Aviation Act of 1958 (Public Law 85-726, 72
Stat. 749) is retained on authority of 49:106(g). The words ``consider
the following matters'' are substituted for ``give full consideration
to'' for consistency in this section.
In subsection (d)(3), the word ``both'' in 49 App.:1303(c) is
omitted as surplus the first time it appears. The words ``of the United
States'' are omitted for consistency in the revised title and because of
the definition of ``navigable airspace'' in section 40102(a) of the
revised title. The words ``of those operations'' are added for clarity.
In subsection (d)(5), the word ``both'' in 49 App.:1303(e) is
omitted as surplus.
In subsection (e), before clause (1), the words ``the Congress
intends that'' are omitted as surplus. In clauses (1) and (4), the words
``United States'' are omitted as surplus because of the definition of
``air carrier'' in section 40102(a) of the revised title. In clause (2),
the word ``prices'' is substituted for ``fares and rates'' because of
the definition of ``price'' in section 40102(a). In clause (8), the
words ``places in the United States'' are substituted for ``United
States points'' for consistency in this chapter. The word ``air'' is
added for clarity and consistency in this subtitle. In clause (9)(C),
the word ``unreasonable'' is substituted for ``undue'' for consistency
in the revised title and with other titles of the United States Code.
Amendments
2000--Subsec. (a)(16). Pub. L. 106-181 added par. (16).
1996--Subsec. (d)(1). Pub. L. 104-264, Sec. 401(a)(1)(B), added par.
(1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(A),
redesignated par. (1) as (2) and struck out ``its development and''
after ``best promotes''. Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(B),
redesignated par. (2) as (3) and substituted ``encouraging and
developing civil aeronautics, including new aviation technology'' for
``promoting, encouraging, and developing civil aeronautics''. Former
par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104-264, Sec. 401(a)(1)(A),
redesignated pars. (3) to (6) as (4) to (7), respectively.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set
out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and
not to be construed as affecting funds made available for a fiscal year
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as
a note under section 106 of this title.
Short Title of 2003 Amendment
Pub. L. 108-176, Sec. 1(a), Dec. 12, 2003, 117 Stat. 2490, provided
that: ``This Act [see Tables for classification] may be cited as the
`Vision 100--Century of Aviation Reauthorization Act'.''
Pub. L. 108-176, title III, Sec. 301, Dec. 12, 2003, 117 Stat. 2533,
provided that: ``This title [enacting subchapter III of chapter 471 of
this title, amending sections 40104, 40128, 47106, 47503, and 47504 of
this title, and enacting provisions set out as notes under this section
and sections 40128, 47171, 47503, and 47508 of this title] may be cited
as `Aviation Streamlining Approval Process Act of 2003'.''
Short Title of 2002 Amendment
Pub. L. 107-296, title XIV, Sec. 1401, Nov. 25, 2002, 116 Stat.
2300, provided that: ``This title [enacting section 44921 of this title
and section 513 of Title 6, Domestic Security, amending sections 44903
and 44918 of this title, amending provisions set out as a note under
section 114 of this title, and repealing provisions set out as a note
under section 44903 of this title] may be cited as the `Arming Pilots
Against Terrorism Act'.''
Short Title of 2001 Amendment
Pub. L. 107-71, Sec. 1, Nov. 19, 2001, 115 Stat. 597, provided that:
``This Act [see Tables for classification] may be cited as the `Aviation
and Transportation Security Act'.''
Short Title of 2000 Amendments
Pub. L. 106-528, Sec. 1, Nov. 22, 2000, 114 Stat. 2517, provided
that: ``This Act [amending sections 106, 41104, 44903, 44935, and 44936
of this title, enacting provisions set out as notes under sections 106,
44903, and 44936 of this title, and amending provisions set out as notes
under sections 40128 and 47501 of this title] may be cited as the
`Airport Security Improvement Act of 2000'.''
Pub. L. 106-181, Sec. 1(a), Apr. 5, 2000, 114 Stat. 61, provided
that: ``This Act [see Tables for classification] may be cited as the
`Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century'.''
Short Title of 1999 Amendment
Pub. L. 106-6, Sec. 1, Mar. 31, 1999, 113 Stat. 10, provided that:
``This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101,
and 48103 of this title] may be cited as the `Interim Federal Aviation
Administration Authorization Act'.''
Short Title of 1998 Amendment
Pub. L. 105-155, Sec. 1, Feb. 11, 1998, 112 Stat. 5, provided that:
``This Act [amending section 48102 of this title and enacting provisions
set out as a note under section 48102 of this title] may be cited as the
`FAA Research, Engineering, and Development Authorization Act of
1998'.''
Short Title of 1997 Amendment
Pub. L. 105-137, Sec. 1, Dec. 2, 1997, 111 Stat. 2640, provided
that: ``This Act [amending sections 40102, 44302, 44305, 44306, 44308,
and 44310 of this title and enacting provisions set out as a note under
section 44310 of this title] may be cited as the `Aviation Insurance
Reauthorization Act of 1997'.''
Short Title of 1996 Amendment
Section 1(a) of Pub. L. 104-264 provided that: ``This Act [see
Tables for classification] may be cited as the `Federal Aviation
Reauthorization Act of 1996'.''
Section 201 of title II of Pub. L. 104-264 provided that: ``This
title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of
this title, amending sections 106 and 41742 of this title, renumbering
section 45303 of this title as section 45304, repealing former section
45301 of this title, and enacting provisions set out as notes under this
section and sections 106, 40110, and 41742 of this title] may be cited
as the `Air Traffic Management System Performance Improvement Act of
1996'.''
Section 278(a) of Pub. L. 104-264 provided that: ``This section
[amending section 41742 of this title and enacting provisions set out as
a note under section 41742 of this title] may be cited as the `Rural Air
Service Survival Act'.''
Section 501 of title V of Pub. L. 104-264 provided that: ``This
title [amending sections 30305, 44936, and 46301 of this title and
enacting provisions set out as notes under sections 30305 and 44935 of
this title] may be cited as the `Pilot Records Improvement Act of
1996'.''
Section 601 of title VI of Pub. L. 104-264 provided that: ``This
title [enacting section 44724 of this title] may be cited as the `Child
Pilot Safety Act'.''
Section 701 of title VII of Pub. L. 104-264 provided that: ``This
title [enacting sections 1136 and 41113 of this title and provisions set
out as notes under section 41113 of this title] may be cited as the
`Aviation Disaster Family Assistance Act of 1996'.''
Section 801 of title VIII of Pub. L. 104-264 provided that: ``This
title [enacting section 47133 of this title, amending sections 46301 and
47107 of this title and section 9502 of Title 26, Internal Revenue Code,
and enacting provisions set out as notes under section 47107 of this
title] may be cited as the `Airport Revenue Protection Act of 1996'.''
Section 1101 of title XI of Pub. L. 104-264 provided that: ``This
title [amending sections 44501, 44508, and 48102 of this title] may be
cited as the `FAA Research, Engineering, and Development Management
Reform Act of 1996'.''
Short Title of 1994 Amendment
Pub. L. 103-305, Sec. 1(a), Aug. 23, 1994, 108 Stat. 1569, provided
that: ``This Act [enacting sections 41311, 41714, 41715, 47129, 47130,
and 47509 of this title, amending sections 106, 10521, 11501, 40102,
40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301,
47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119,
47504, 48101 to 48104, and 48108 of this title and section 9502 of Title
26, Internal Revenue Code, renumbering former section 47129 of this
title as section 47131 of this title, enacting provisions set out as
notes under this section and sections 10521, 11501, 40102, 40105, 40117,
41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this
title, and repealing provisions set out as a note under section 1348 of
former Title 49, Transportation] may be cited as the `Federal Aviation
Administration Authorization Act of 1994'.''
Pub. L. 103-305, title III, Sec. 301, Aug. 23, 1994, 108 Stat. 1589,
provided that: ``This title [enacting section 47509 of this title,
amending sections 44505 and 48102 of this title, and enacting provisions
set out as notes under this section and section 49101 of this title] may
be cited as the `Federal Aviation Administration Research, Engineering,
and Development Authorization Act of 1994'.''
Revitalization of Aviation and Aeronautics
Pub. L. 108-176, Sec. 4, Dec. 12, 2003, 117 Stat. 2493, provided
that: ``Congress finds the following:
``(1) The United States has revolutionized the way people
travel, developing new technologies and aircraft to move people more
efficiently and more safely.
``(2) Past Federal investment in aeronautics research and
development has benefited the economy and national security of the
United States and the quality of life of its citizens.
``(3) The total impact of civil aviation on the United States
economy exceeds $900,000,000,000 annually and accounts for 9 percent
of the gross national product and 11,000,000 jobs in the national
workforce. Civil aviation products and services generate a
significant surplus for United States trade accounts, and amount to
significant numbers of the Nation's highly skilled, technologically
qualified work force.
``(4) Aerospace technologies, products, and services underpin
the advanced capabilities of our men and women in uniform and those
charged with homeland security.
``(5) Future growth in civil aviation increasingly will be
constrained by concerns related to aviation system safety and
security, aviation system capabilities, aircraft noise, emissions,
and fuel consumption.
``(6) Revitalization and coordination of the United States
efforts to maintain its leadership in aviation and aeronautics are
critical and must begin now.
``(7) A recent report by the Commission on the Future of the
United States Aerospace Industry outlined the scope of the problems
confronting the aerospace and aviation industries in the United
States and found that--
``(A) aerospace will be at the core of the Nation's
leadership and strength throughout the 21st century;
``(B) aerospace will play an integral role in the Nation's
economy, security, and mobility; and
``(C) global leadership in aerospace is a national
imperative.
``(8) Despite the downturn in the global economy, projections of
the Federal Aviation Administration indicate that upwards of
1,000,000,000 people will fly annually by 2013. Efforts must begin
now to prepare for future growth in the number of airline
passengers.
``(9) The United States must increase its investment in research
and development to revitalize the aviation and aerospace industries,
to create jobs, and to provide educational assistance and training
to prepare workers in those industries for the future.''
Report on Long-Term Environmental Improvements
Pub. L. 108-176, title III, Sec. 321, Dec. 12, 2003, 117 Stat. 2540,
provided that:
``(a) In General.--The Secretary of Transportation, in consultation
with the Administrator of the National Aeronautics and Space
Administration, shall conduct a study of ways to reduce aircraft noise
and emissions and to increase aircraft fuel efficiency. The study
shall--
``(1) explore new operational procedures for aircraft to achieve
those goals;
``(2) identify both near-term and long-term options to achieve
those goals;
``(3) identify infrastructure changes that would contribute to
attainment of those goals;
``(4) identify emerging technologies that might contribute to
attainment of those goals;
``(5) develop a research plan for application of such emerging
technologies, including new combustor and engine design concepts and
methodologies for designing high bypass ratio turbofan engines so as
to minimize the effects on climate change per unit of production of
thrust and flight speed; and
``(6) develop an implementation plan for exploiting such
emerging technologies to attain those goals.
``(b) Report.--The Secretary shall transmit a report on the study to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
within 1 year after the date of enactment of this Act [Dec. 12, 2003].
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000 for fiscal year 2004 to carry out
this section.''
Reduction of Noise and Emissions From Civilian Aircraft
Pub. L. 108-176, title III, Sec. 326, Dec. 12, 2003, 117 Stat. 2542,
provided that:
``(a) Establishment of Research Program.--From amounts made
available under section 48102(a) of title 49, United States Code, the
Secretary of Transportation shall establish a research program related
to reducing community exposure to civilian aircraft noise or emissions
through grants or other measures authorized under section 106(l)(6) of
such title, including reimbursable agreements with other Federal
agencies. The program shall include participation by educational and
research institutions that have existing facilities for developing and
testing noise reduction engine technology.
``(b) Designation of Institute as a Center of Excellence.--The
Administrator of the Federal Aviation Administration shall designate an
institution described in subsection (a) as a Center of Excellence for
Noise and Emission Research.''
Air Transportation System Joint Planning and Development Office
Pub. L. 108-176, title VII, Sec. 709, Dec. 12, 2003, 117 Stat. 2582,
provided that:
``(a) Establishment.--(1) The Secretary of Transportation shall
establish in the Federal Aviation Administration a joint planning and
development office to manage work related to the Next Generation Air
Transportation System. The office shall be known as the Next Generation
Air Transportation System Joint Planning and Development Office (in this
section referred to as the `Office').
``(2) The responsibilities of the Office shall include--
``(A) creating and carrying out an integrated plan for a Next
Generation Air Transportation System pursuant to subsection (b);
``(B) overseeing research and development on that system;
``(C) creating a transition plan for the implementation of that
system;
``(D) coordinating aviation and aeronautics research programs to
achieve the goal of more effective and directed programs that will
result in applicable research;
``(E) coordinating goals and priorities and coordinating
research activities within the Federal Government with United States
aviation and aeronautical firms;
``(F) coordinating the development and utilization of new
technologies to ensure that when available, they may be used to
their fullest potential in aircraft and in the air traffic control
system;
``(G) facilitating the transfer of technology from research
programs such as the National Aeronautics and Space Administration
program and the Department of Defense Advanced Research Projects
Agency program to Federal agencies with operational responsibilities
and to the private sector; and
``(H) reviewing activities relating to noise, emissions, fuel
consumption, and safety conducted by Federal agencies, including the
Federal Aviation Administration, the National Aeronautics and Space
Administration, the Department of Commerce, and the Department of
Defense.
``(3) The Office shall operate in conjunction with relevant programs
in the Department of Defense, the National Aeronautics and Space
Administration, the Department of Commerce and the Department of
Homeland Security. The Secretary of Transportation may request
assistance from staff from those Departments and other Federal agencies.
``(4) In developing and carrying out its plans, the Office shall
consult with the public and ensure the participation of experts from the
private sector including representatives of commercial aviation, general
aviation, aviation labor groups, aviation research and development
entities, aircraft and air traffic control suppliers, and the space
industry.
``(b) Integrated Plan.--The integrated plan shall be designed to
ensure that the Next Generation Air Transportation System meets air
transportation safety, security, mobility, efficiency, and capacity
needs beyond those currently included in the Federal Aviation
Administration's operational evolution plan and accomplishes the goals
under subsection (c). The integrated plan shall include--
``(1) a national vision statement for an air transportation
system capable of meeting potential air traffic demand by 2025;
``(2) a description of the demand and the performance
characteristics that will be required of the Nation's future air
transportation system, and an explanation of how those
characteristics were derived, including the national goals,
objectives, and policies the system is designed to further, and the
underlying socioeconomic determinants, and associated models and
analyses;
``(3) a multiagency research and development roadmap for
creating the Next Generation Air Transportation System with the
characteristics outlined under clause (ii) [(2)], including--
``(A) the most significant technical obstacles and the
research and development activities necessary to overcome them,
including for each project, the role of each Federal agency,
corporations, and universities;
``(B) the annual anticipated cost of carrying out the
research and development activities; and
``(C) the technical milestones that will be used to evaluate
the activities; and
``(4) a description of the operational concepts to meet the
system performance requirements for all system users and a timeline
and anticipated expenditures needed to develop and deploy the system
to meet the vision for 2025.
``(c) Goals.--The Next Generation Air Transportation System shall--
``(1) improve the level of safety, security, efficiency,
quality, and affordability of the National Airspace System and
aviation services;
``(2) take advantage of data from emerging ground-based and
space-based communications, navigation, and surveillance
technologies;
``(3) integrate data streams from multiple agencies and sources
to enable situational awareness and seamless global operations for
all appropriate users of the system, including users responsible for
civil aviation, homeland security, and national security;
``(4) leverage investments in civil aviation, homeland security,
and national security and build upon current air traffic management
and infrastructure initiatives to meet system performance
requirements for all system users;
``(5) be scalable to accommodate and encourage substantial
growth in domestic and international transportation and anticipate
and accommodate continuing technology upgrades and advances;
``(6) accommodate a wide range of aircraft operations, including
airlines, air taxis, helicopters, general aviation, and unmanned
aerial vehicles; and
``(7) take into consideration, to the greatest extent
practicable, design of airport approach and departure flight paths
to reduce exposure of noise and emissions pollution on affected
residents.
``(d) Reports.--The Administrator of the Federal Aviation
Administration shall transmit to the Committee on Commerce, Science, and
Transportation in the Senate and the Committee on Transportation and
Infrastructure and the Committee on Science in the House of
Representatives--
``(1) not later than 1 year after the date of enactment of this
Act [Dec. 12, 2003], the integrated plan required in subsection (b);
and
``(2) annually at the time of the President's budget request, a
report describing the progress in carrying out the plan required
under subsection (b) and any changes to that plan.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Office $50,000,000 for each of the fiscal years 2004
through 2010.''
Next Generation Air Transportation Senior Policy Committee
Pub. L. 108-176, title VII, Sec. 710, Dec. 12, 2003, 117 Stat. 2584,
provided that:
``(a) In General.--The Secretary of Transportation shall establish a
senior policy committee to work with the Next Generation Air
Transportation System Joint Planning and Development Office. The senior
policy committee shall be chaired by the Secretary.
``(b) Membership.--In addition to the Secretary, the senior policy
committee shall be composed of--
``(1) the Administrator of the Federal Aviation Administration
(or the Administrator's designee);
``(2) the Administrator of the National Aeronautics and Space
Administration (or the Administrator's designee);
``(3) the Secretary of Defense (or the Secretary's designee);
``(4) the Secretary of Homeland Security (or the Secretary's
designee);
``(5) the Secretary of Commerce (or the Secretary's designee);
``(6) the Director of the Office of Science and Technology
Policy (or the Director's designee); and
``(7) designees from other Federal agencies determined by the
Secretary of Transportation to have an important interest in, or
responsibility for, other aspects of the system.
``(c) Function.--The senior policy committee shall--
``(1) advise the Secretary of Transportation regarding the
national goals and strategic objectives for the transformation of
the Nation's air transportation system to meet its future needs;
``(2) provide policy guidance for the integrated plan for the
air transportation system to be developed by the Next Generation Air
Transportation System Joint Planning and Development Office;
``(3) provide ongoing policy review for the transformation of
the air transportation system;
``(4) identify resource needs and make recommendations to their
respective agencies for necessary funding for planning, research,
and development activities; and
``(5) make legislative recommendations, as appropriate, for the
future air transportation system.
``(d) Consultation.--In carrying out its functions under this
section, the senior policy committee shall consult with, and ensure
participation by, the private sector (including representatives of
general aviation, commercial aviation, aviation labor, and the space
industry), members of the public, and other interested parties and may
do so through a special advisory committee composed of such
representatives.''
Reimbursement for Losses Incurred by General Aviation Entities
Pub. L. 108-176, title VIII, Sec. 817, Dec. 12, 2003, 117 Stat.
2592, provided that:
``(a) In General.--The Secretary of Transportation may make grants
to reimburse the following general aviation entities for the security
costs incurred and revenue foregone as a result of the restrictions
imposed by the Federal Government following the terrorist attacks on the
United States that occurred on September 11, 2001:
``(1) General aviation entities that operate at Ronald Reagan
Washington National Airport.
``(2) Airports that are located within 15 miles of Ronald Reagan
Washington National Airport and were operating under security
restrictions on the date of enactment of this Act [Dec. 12, 2003]
and general aviation entities operating at those airports.
``(3) General aviation entities affected by implementation of
section 44939 of title 49, United States Code.
``(4) General aviation entities that were affected by Federal
Aviation Administration Notices to Airmen FDC 2/1099 and 3/1862 or
section 352 of the Department of Transportation and Related Agencies
Appropriations Act, 2003 (Public Law 108-7, division I) [117 Stat.
420], or both.
``(5) Sightseeing operations that were not authorized to resume
in enhanced class B air space under Federal Aviation Administration
notice to airmen 1/1225.
``(b) Documentation.--Reimbursement under this section shall be made
in accordance with sworn financial statements or other appropriate data
submitted by each general aviation entity demonstrating the costs
incurred and revenue foregone to the satisfaction of the Secretary.
``(c) General Aviation Entity Defined.--In this section, the term
`general aviation entity' means any person (other than a scheduled air
carrier or foreign air carrier, as such terms are defined in section
40102 of title 49, United States Code) that--
``(1) operates nonmilitary aircraft under part 91 of title 14,
Code of Federal Regulations, for the purpose of conducting its
primary business;
``(2) manufactures nonmilitary aircraft with a maximum seating
capacity of fewer than 20 passengers or aircraft parts to be used in
such aircraft;
``(3) provides services necessary for nonmilitary operations
under such part 91; or
``(4) operates an airport, other than a primary airport (as such
terms are defined in such section 40102), that--
``(A) is listed in the national plan of integrated airport
systems developed by the Federal Aviation Administration under
section 47103 of such title; or
``(B) is normally open to the public, is located within the
confines of enhanced class B airspace (as defined by the Federal
Aviation Administration in Notice to Airmen FDC 1/0618), and was
closed as a result of an order issued by the Federal Aviation
Administration in the period beginning September 11, 2001, and
ending January 1, 2002, and remained closed as a result of that
order on January 1, 2002.
Such term includes fixed based operators, flight schools, manufacturers
of general aviation aircraft and products, persons engaged in
nonscheduled aviation enterprises, and general aviation independent
contractors.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000. Such sums shall
remain available until expended.''
GAO Report on Airlines' Actions To Improve Finances and on Executive
Compensation
Pub. L. 108-176, title VIII, Sec. 826, Dec. 12, 2003, 117 Stat.
2596, provided that:
``(a) Finding.--Congress finds that the United States Government has
by law provided substantial financial assistance to United States
commercial airlines in the form of war risk insurance and reinsurance
and other economic benefits and has imposed substantial economic and
regulatory burdens on those airlines. In order to determine the economic
viability of the domestic commercial airline industry and to evaluate
the need for additional measures or the modification of existing laws,
Congress needs more frequent information and independently verified
information about the financial condition of these airlines.
``(b) GAO Report.--Not later than one year after the date of
enactment of this Act [Dec. 12, 2003], the Comptroller General shall
prepare a report for Congress analyzing the financial condition of the
United States airline industry in its efforts to reduce the costs,
improve the earnings and profits and balances of each individual air
carrier. The report shall recommend steps that the industry should take
to become financially self-sufficient.
``(c) GAO Authority.--In order to compile the report required by
subsection (b), the Comptroller General, or any of the Comptroller
General's duly authorized representatives, shall have access for the
purpose of audit and examination to any books, accounts, documents,
papers, and records of such air carriers that relate to the information
required to compile the report. The Comptroller General shall submit
with the report a certification as to whether the Comptroller General
has had access to sufficient information to make informed judgments on
the matters covered by the report.
``(d) Reports to Congress.--The Comptroller General shall transmit
the report required by subsection (b) to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.''
Mail and Freight Waivers
Pub. L. 107-71, title I, Sec. 127, Nov. 19, 2001, 115 Stat. 632,
provided that:
``(a) In General.--During a national emergency affecting air
transportation or intrastate air transportation, the Secretary of
Transportation, after consultation with the Transportation Security
Oversight Board, may grant a complete or partial waiver of any
restrictions on the carriage by aircraft of freight, mail, emergency
medical supplies, personnel, or patients on aircraft, imposed by the
Department of Transportation (or other Federal agency or department)
that would permit such carriage of freight, mail, emergency medical
supplies, personnel, or patients on flights, to, from, or within a State
if the Secretary determines that--
``(1) extraordinary air transportation needs or concerns exist;
and
``(2) the waiver is in the public interest, taking into
consideration the isolation of and dependence on air transportation
of the State.
``(b) Limitations.--The Secretary may impose reasonable limitations
on any such waiver.''
Air Carriers Required To Honor Tickets for Suspended Service
Pub. L. 107-71, title I, Sec. 145, Nov. 19, 2001, 115 Stat. 645, as
amended by Pub. L. 108-7, div. I, title III, Sec. 372, Feb. 20, 2003,
117 Stat. 427; Pub. L. 108-176, title IV, Sec. 428, Dec. 12, 2003, 117
Stat. 2556, provided that:
``(a) In General.--Each air carrier that provides scheduled air
transportation on a route shall provide, to the extent practicable, air
transportation to passengers ticketed for air transportation on that
route by any other air carrier that suspends, interrupts, or
discontinues air passenger service on the route by reason of insolvency
or bankruptcy of the other air carrier.
``(b) Passenger Obligation.--An air carrier is not required to
provide air transportation under subsection (a) to a passenger unless
that passenger makes alternative arrangements with the air carrier for
such transportation within 60 days after the date on which that
passenger's air transportation was suspended, interrupted, or
discontinued (without regard to the originally scheduled travel date on
the ticket).
``(c) Sunset.--This section does not apply to air transportation the
suspension, interruption, or discontinuance of which occurs more than 36
months after the date of enactment of this Act [Nov. 19, 2001].''
Relationship of Eligible Crime Victim Compensation Programs to September
11th Victim Compensation Fund
Pub. L. 107-56, title VI, Sec. 622(e)(2), Oct. 26, 2001, 115 Stat.
372, provided that: ``With respect to any compensation payable under
title IV of Public Law 107-42 [set out as a note below], the failure of
a crime victim compensation program, after the effective date of final
regulations issued pursuant to section 407 of Public Law 107-42, to
provide compensation otherwise required pursuant to section 1403 of the
Victims of Crime Act of 1984 (42 U.S.C. 10602) shall not render that
program ineligible for future grants under the Victims of Crime Act of
1984 [42 U.S.C. 10601 et seq.].''
Air Transportation Safety and System Stabilization
Pub. L. 107-42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L.
107-71, title I, Sec. 124(a), (c), (d), title II, Sec. 201, Nov. 19,
2001, 115 Stat. 631, 645; Pub. L. 107-134, title I, Sec. 114(a), Jan.
23, 2002, 115 Stat. 2435; Pub. L. 107-296, title VIII, Sec. 890, title
XII, Sec. 1201(2), Nov. 25, 2002, 116 Stat. 2251, 2286, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Air Transportation Safety and System
Stabilization Act'.
``TITLE I--AIRLINE STABILIZATION
``SEC. 101. AVIATION DISASTER RELIEF.
``(a) In General.--Notwithstanding any other provision of law, the
President shall take the following actions to compensate air carriers
for losses incurred by the air carriers as a result of the terrorist
attacks on the United States that occurred on September 11, 2001:
``(1) Subject to such terms and conditions as the President
deems necessary, issue Federal credit instruments to air carriers
that do not, in the aggregate, exceed $10,000,000,000 and provide
the subsidy amounts necessary for such instruments in accordance
with the provisions of the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
``(2) Compensate air carriers in an aggregate amount equal to
$5,000,000,000 for--
``(A) direct losses incurred beginning on September 11,
2001, by air carriers as a result of any Federal ground stop
order issued by the Secretary of Transportation or any
subsequent order which continues or renews such a stoppage; and
``(B) the incremental losses incurred beginning September
11, 2001, and ending December 31, 2001, by air carriers as a
direct result of such attacks.
``(b) Emergency Designation.--Congress designates the amount of new
budget authority and outlays in all fiscal years resulting from this
title as an emergency requirement pursuant to section 252(e) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(e)). Such amount shall be available only to the extent that a
request, that includes designation of such amount as an emergency
requirement as defined in such Act [see Short Title note set out under
section 900 of Title 2, The Congress], is transmitted by the President
to Congress.
``SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Board.--The term `Board' means the Air Transportation
Stabilization Board established under subsection (b).
``(2) Financial obligation.--The term `financial obligation'
means any note, bond, debenture, or other debt obligation issued by
an obligor in connection with financing under this section and
section 101(a)(1).
``(3) Lender.--The term `lender' means any non-Federal qualified
institutional buyer (as defined by section 230.144A(a) of title 17,
Code of Federal Regulations (or any successor regulation) known as
Rule 144A(a) of the Securities and Exchange Commission and issued
under the Security Act of 1933 [probably should be Securities Act of
1933, 15 U.S.C. 77a et seq.][)], including--
``(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
4974(c))[)] that is a qualified institutional buyer; and
``(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986 (26 U.S.C. 414(d))[)] that is
a qualified institutional buyer.
``(4) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation, partnership,
joint venture, trust, or governmental entity, agency, or
instrumentality.
``(b) Air Transportation Stabilization Board.--
``(1) Establishment.--There is established a board (to be known
as the `Air Transportation Stabilization Board') to review and
decide on applications for Federal credit instruments under section
101(a)(1).
``(2) Composition.--The Board shall consist of--
``(A) the Secretary of Transportation or the designee of the
Secretary;
``(B) the Chairman of the Board of Governors of the Federal
Reserve System, or the designee of the Chairman, who shall be
the Chair of the Board;
``(C) the Secretary of the Treasury or the designee of the
Secretary; and
``(D) the Comptroller General of the United States, or the
designee of the Comptroller General, as a nonvoting member of
the Board.
``(c) Federal Credit Instruments.--
``(1) In general.--The Board may enter into agreements with 1 or
more obligors to issue Federal credit instruments under section
101(a)(1) if the Board determines, in its discretion, that--
``(A) the obligor is an air carrier for which credit is not
reasonably available at the time of the transaction;
``(B) the intended obligation by the obligor is prudently
incurred; and
``(C) such agreement is a necessary part of maintaining a
safe, efficient, and viable commercial aviation system in the
United States.
``(2) Terms and limitations.--
``(A) Forms; terms and conditions.--A Federal credit
instrument shall be issued under section 101(a)(1) in such form
and on such terms and conditions and contain such covenants,
representations, warranties, and requirements (including
requirements for audits) as the Board determines appropriate.
``(B) Procedures.--Not later than 14 days after the date of
enactment of this Act [Sept. 22, 2001], the Director of the
Office of Management and Budget shall issue regulations setting
forth procedures for application and minimum requirements, which
may be supplemented by the Board in its discretion, for the
issuance of Federal credit instruments under section 101(a)(1).
``(d) Financial Protection of Government.--
``(1) In general.--To the extent feasible and practicable, the
Board shall ensure that the Government is compensated for the risk
assumed in making guarantees under this title.
``(2) Government participation in gains.--To the extent to which
any participating corporation accepts financial assistance, in the
form of accepting the proceeds of any loans guaranteed by the
Government under this title, the Board is authorized to enter into
contracts under which the Government, contingent on the financial
success of the participating corporation, would participate in the
gains of the participating corporation or its security holders
through the use of such instruments as warrants, stock options,
common or preferred stock, or other appropriate equity instruments.
``(3) Deposit in treasury.--All amounts collected by the
Secretary of the Treasury under this subsection shall be deposited
in the Treasury as miscellaneous receipts.
``SEC. 103. SPECIAL RULES FOR COMPENSATION.
``(a) Documentation.--Subject to subsection (b), the amount of
compensation payable to an air carrier under section 101(a)(2) may not
exceed the amount of losses described in section 101(a)(2) that the air
carrier demonstrates to the satisfaction of the President, using sworn
financial statements or other appropriate data, that the air carrier
incurred. The Secretary of Transportation and the Comptroller General of
the United States may audit such statements and may request any
information that the Secretary and the Comptroller General deems
necessary to conduct such audit.
``(b) Maximum Amount of Compensation Payable Per Air Carrier.--The
maximum total amount of compensation payable to an air carrier under
section 101(a)(2) may not exceed the lesser of--
``(1) the amount of such air carrier's direct and incremental
losses described in section 101(a)(2); or
``(2) in the case of--
``(A) flights involving passenger-only or combined passenger
and cargo transportation, the product of--
``(i) $4,500,000,000; and
``(ii) the ratio of--
``(I) the available seat miles of the air carrier for the
month of August 2001 as reported to the Secretary; to
``(II) the total available seat miles of all such air carriers
for such month as reported to the Secretary; and
``(B) flights involving cargo-only transportation, the
product of--
``(i) $500,000,000; and
``(ii) the ratio of--
``(I) the revenue ton miles or other auditable measure of the
air carrier for cargo for the latest quarter for which
data is available as reported to the Secretary; to
``(II) the total revenue ton miles or other auditable measure
of all such air carriers for cargo for such quarter as
reported to the Secretary.
``(c) Payments.--The President may provide compensation to air
carriers under section 101(a)(2) in 1 or more payments up to the amount
authorized by this title.
``(d) Compensation for Certain Air Carriers.--
``(1) Set-aside.--The President may set aside a portion of the
amount of compensation payable to air carriers under section
101(a)(2) to provide compensation to classes of air carriers, such
as air tour operators and air ambulances (including hospitals
operating air ambulances) for whom the application of a distribution
formula containing available seat miles as a factor would
inadequately reflect their share of direct and incremental losses.
The President shall reduce the $4,500,000,000 specified in
subsection (b)(2)(A)(i) by the amount set aside under this
subsection.
``(2) Distribution of amounts.--The President shall distribute
the amount set aside under this subsection proportionally among such
air carriers based on an appropriate auditable measure, as
determined by the President.
``SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
``(a) In General.--The President may only issue a Federal credit
instrument under section 101(a)(1) to an air carrier after the air
carrier enters into a legally binding agreement with the President that,
during the 2-year period beginning September 11, 2001, and ending
September 11, 2003, no officer or employee of the air carrier whose
total compensation exceeded $300,000 in calendar year 2000 (other than
an employee whose compensation is determined through an existing
collective bargaining agreement entered into prior to September 11,
2001)--
``(1) will receive from the air carrier total compensation which
exceeds, during any 12 consecutive months of such 2-year period, the
total compensation received by the officer or employee from the air
carrier in calendar year 2000; and
``(2) will receive from the air carrier severance pay or other
benefits upon termination of employment with the air carrier which
exceeds twice the maximum total compensation received by the officer
or employee from the air carrier in calendar year 2000.
``(b) Total Compensation Defined.--In this section, the term `total
compensation' includes salary, bonuses, awards of stock, and other
financial benefits provided by an air carrier to an officer or employee
of the air carrier.
``SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
``(a) Action of Secretary.--The Secretary of Transportation should
take appropriate action to ensure that all communities that had
scheduled air service before September 11, 2001, continue to receive
adequate air transportation service and that essential air service to
small communities continues without interruption.
``(b) Essential Air Service.--There is authorized to be appropriated
to the Secretary to carry out the essential air service program under
subchapter II of chapter 417 of title 49, United States Code,
$120,000,000 for fiscal year 2002.
``(c) Secretarial Oversight.--
``(1) In general.--Notwithstanding any other provision of law,
the Secretary is authorized to require an air carrier receiving
direct financial assistance under this Act to maintain scheduled air
service to any point served by that carrier before September 11,
2001.
``(2) Agreements.--In applying paragraph (1), the Secretary may
require air carriers receiving direct financial assistance under
this Act to enter into agreements which will ensure, to the maximum
extent practicable, that all communities that had scheduled air
service before September 11, 2001, continue to receive adequate air
transportation service.
``SEC. 106. REPORTS.
``(a) Report.--Not later than February 1, 2002, the President shall
transmit to the Committee on Transportation and Infrastructure, the
Committee on Appropriations, and the Committee on the Budget of the
House of Representatives and the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the Committee on
the Budget of the Senate a report on the financial status of the air
carrier industry and the amounts of assistance provided under this title
to each air carrier.
``(b) Update.--Not later than the last day of the 7-month period
following the date of enactment of this Act [Sept. 22, 2001], the
President shall update and transmit the report to the Committees.
``SEC. 107. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Air carrier.--The term `air carrier' has the meaning such
term has under section 40102 of title 49, United States Code.
``(2) Federal credit instrument.--The term `Federal credit
instrument' means any guarantee or other pledge by the Board issued
under section 101(a)(1) to pledge the full faith and credit of the
United States to pay all or part of any of the principal of and
interest on a loan or other debt obligation issued by an obligor and
funded by a lender.
``(3) Incremental loss.--The term `incremental loss' does not
include any loss that the President determines would have been
incurred if the terrorist attacks on the United States that occurred
on September 11, 2001, had not occurred.
``TITLE II--AVIATION INSURANCE
``SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS.
``(a) In General.--[Amended section 44302 of this title.]
``(b) Coverage.--
``(1) In general.--[Amended section 44303 of this title.]
``(2) [Transferred to section 44303(b) of this title.]
``(c) Reinsurance.--[Amended section 44304 of this title.]
``(d) Premiums.--[Amended section 44306 of this title.]
``(e) Conforming Amendment.--[Amended section 44305(b) of this
title.]
``SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND
SUBCONTRACTORS OF AIR CARRIERS.
``Notwithstanding any other provision of this title, the Secretary
may extend any provision of chapter 443 of title 49, United States Code,
as amended by this title, and the provisions of this title, to vendors,
agents, and subcontractors of air carriers. For the 180-day period
beginning on the date of enactment of this Act [Sept. 22, 2001], the
Secretary may extend or amend any such provisions so as to ensure that
the entities referred to in the preceding sentence are not responsible
in cases of acts of terrorism for losses suffered by third parties that
exceed the amount of such entities' liability coverage, as determined by
the Secretary.
``TITLE III--TAX PROVISIONS
``SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS; TREATMENT OF
LOSS COMPENSATION.
``(a) Extension of Due Date for Excise Tax Deposits.--
``(1) In general.--In the case of an eligible air carrier, any
airline-related deposit required under section 6302 of the Internal
Revenue Code of 1986 [26 U.S.C. 6302] to be made after September 10,
2001, and before November 15, 2001, shall be treated for purposes of
such Code [26 U.S.C. 1 et seq.] as timely made if such deposit is
made on or before November 15, 2001. If the Secretary of the
Treasury so prescribes, the preceding sentence shall be applied by
substituting for `November 15, 2001' each place it appears--
``(A) `January 15, 2002'; or
``(B) such earlier date after November 15, 2001, as such
Secretary may prescribe.
``(2) Eligible air carrier.--For purposes of this subsection,
the term `eligible air carrier' means any domestic corporation
engaged in the trade or business of transporting (for hire) persons
by air if such transportation is available to the general public.
``(3) Airline-related deposit.--For purposes of this subsection,
the term `airline-related deposit' means any deposit of taxes
imposed by subchapter C of chapter 33 of such Code [26 U.S.C. 4261
et seq.] (relating to transportation by air).
``(b) Treatment of Loss Compensation.--Nothing in any provision of
law shall be construed to exclude from gross income under the Internal
Revenue Code of 1986 any compensation received under section 101(a)(2)
of this Act.
``TITLE IV--VICTIM COMPENSATION
``SEC. 401. SHORT TITLE.
``This title may be cited as the `September 11th Victim Compensation
Fund of 2001'.
``SEC. 402. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Air carrier.--The term `air carrier' means a citizen of
the United States undertaking by any means, directly or indirectly,
to provide air transportation and includes employees and agents
(including persons engaged in the business of providing air
transportation security and their affiliates) of such citizen. For
purposes of the preceding sentence, the term `agent', as applied to
persons engaged in the business of providing air transportation
security, shall only include persons that have contracted directly
with the Federal Aviation Administration on or after and commenced
services no later than February 17, 2002, to provide such security,
and had not been or are not debarred for any period within 6 months
from that date.
``(2) Air transportation.--The term `air transportation' means
foreign air transportation, interstate air transportation, or the
transportation of mail by aircraft.
``(3) Aircraft manufacturer.--The term `aircraft manufacturer'
means any entity that manufactured the aircraft or any parts or
components of the aircraft involved in the terrorist related
aircraft crashes of September 11, 2001, including employees and
agents of that entity.
``(4) Airport sponsor.--The term `airport sponsor' means the
owner or operator of an airport (as defined in section 40102 of
title 49, United States Code).
``(5) Claimant.--The term `claimant' means an individual filing
a claim for compensation under section 405(a)(1).
``(6) Collateral source.--The term `collateral source' means all
collateral sources, including life insurance, pension funds, death
benefit programs, and payments by Federal, State, or local
governments related to the terrorist-related aircraft crashes of
September 11, 2001.
``(7) Economic loss.--The term `economic loss' means any
pecuniary loss resulting from harm (including the loss of earnings
or other benefits related to employment, medical expense loss,
replacement services loss, loss due to death, burial costs, and loss
of business or employment opportunities) to the extent recovery for
such loss is allowed under applicable State law.
``(8) Eligible individual.--The term `eligible individual' means
an individual determined to be eligible for compensation under
section 405(c).
``(9) Noneconomic losses.--The term `noneconomic losses' means
losses for physical and emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss of
enjoyment of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic damages,
injury to reputation, and all other nonpecuniary losses of any kind
or nature.
``(10) Special master.--The term `Special Master' means the
Special Master appointed under section 404(a).
``SEC. 403. PURPOSE.
``It is the purpose of this title to provide compensation to any
individual (or relatives of a deceased individual) who was physically
injured or killed as a result of the terrorist-related aircraft crashes
of September 11, 2001.
``SEC. 404. ADMINISTRATION.
``(a) In General.--The Attorney General, acting through a Special
Master appointed by the Attorney General, shall--
``(1) administer the compensation program established under this
title;
``(2) promulgate all procedural and substantive rules for the
administration of this title; and
``(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special Master
under this title.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to pay the administrative and
support costs for the Special Master in carrying out this title.
``SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
``(a) Filing of Claim.--
``(1) In general.--A claimant may file a claim for compensation
under this title with the Special Master. The claim shall be on the
form developed under paragraph (2) and shall state the factual basis
for eligibility for compensation and the amount of compensation
sought.
``(2) Claim form.--
``(A) In general.--The Special Master shall develop a claim
form that claimants shall use when submitting claims under
paragraph (1). The Special Master shall ensure that such form
can be filed electronically, if determined to be practicable.
``(B) Contents.--The form developed under subparagraph (A)
shall request--
``(i) information from the claimant concerning the
physical harm that the claimant suffered, or in the case of
a claim filed on behalf of a decedent information confirming
the decedent's death, as a result of the terrorist-related
aircraft crashes of September 11, 2001;
``(ii) information from the claimant concerning any
possible economic and noneconomic losses that the claimant
suffered as a result of such crashes; and
``(iii) information regarding collateral sources of
compensation the claimant has received or is entitled to
receive as a result of such crashes.
``(3) Limitation.--No claim may be filed under paragraph (1)
after the date that is 2 years after the date on which regulations
are promulgated under section 407.
``(b) Review and Determination.--
``(1) Review.--The Special Master shall review a claim submitted
under subsection (a) and determine--
``(A) whether the claimant is an eligible individual under
subsection (c);
``(B) with respect to a claimant determined to be an
eligible individual--
``(i) the extent of the harm to the claimant, including
any economic and noneconomic losses; and
``(ii) the amount of compensation to which the claimant
is entitled based on the harm to the claimant, the facts of
the claim, and the individual circumstances of the claimant.
``(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
``(3) Determination.--Not later than 120 days after that date on
which a claim is filed under subsection (a), the Special Master
shall complete a review, make a determination, and provide written
notice to the claimant, with respect to the matters that were the
subject of the claim under review. Such a determination shall be
final and not subject to judicial review.
``(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
``(A) the right to be represented by an attorney;
``(B) the right to present evidence, including the
presentation of witnesses and documents; and
``(C) any other due process rights determined appropriate by
the Special Master.
``(5) No punitive damages.--The Special Master may not include
amounts for punitive damages in any compensation paid under a claim
under this title.
``(6) Collateral compensation.--The Special Master shall reduce
the amount of compensation determined under paragraph (1)(B)(ii) by
the amount of the collateral source compensation the claimant has
received or is entitled to receive as a result of the terrorist-
related aircraft crashes of September 11, 2001.
``(c) Eligibility.--
``(1) In general.--A claimant shall be determined to be an
eligible individual for purposes of this subsection if the Special
Master determines that such claimant--
``(A) is an individual described in paragraph (2); and
``(B) meets the requirements of paragraph (3).
``(2) Individuals.--A claimant is an individual described in
this paragraph if the claimant is--
``(A) an individual who--
``(i) was present at the World Trade Center, (New York,
New York), the Pentagon (Arlington, Virginia), or the site
of the aircraft crash at Shanksville, Pennsylvania at the
time, or in the immediate aftermath, of the terrorist-
related aircraft crashes of September 11, 2001; and
``(ii) suffered physical harm or death as a result of
such an air crash;
``(B) an individual who was a member of the flight crew or a
passenger on American Airlines flight 11 or 77 or United
Airlines flight 93 or 175, except that an individual identified
by the Attorney General to have been a participant or
conspirator in the terrorist-related aircraft crashes of
September 11, 2001, or a representative of such individual shall
not be eligible to receive compensation under this title; or
``(C) in the case of a decedent who is an individual
described in subparagraph (A) or (B), the personal
representative of the decedent who files a claim on behalf of
the decedent.
``(3) Requirements.--
``(A) Single claim.--Not more than one claim may be
submitted under this title by an individual or on behalf of a
deceased individual.
``(B) Limitation on civil action.--
``(i) In general.--Upon the submission of a claim under
this title, the claimant waives the right to file a civil
action (or to be a party to an action) in any Federal or
State court for damages sustained as a result of the
terrorist-related aircraft crashes of September 11, 2001.
The preceding sentence does not apply to a civil action to
recover collateral source obligations, or to a civil action
against any person who is a knowing participant in any
conspiracy to hijack any aircraft or commit any terrorist
act.
``(ii) Pending actions.--In the case of an individual
who is a party to a civil action described in clause (i),
such individual may not submit a claim under this title
unless such individual withdraws from such action by the
date that is 90 days after the date on which regulations are
promulgated under section 407.
``SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
``(a) In General.--Not later than 20 days after the date on which a
determination is made by the Special Master regarding the amount of
compensation due a claimant under this title, the Special Master shall
authorize payment to such claimant of the amount determined with respect
to the claimant.
``(b) Payment Authority.--This title constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts for
compensation under this title.
``(c) Additional Funding.--
``(1) In general.--The Attorney General is authorized to accept
such amounts as may be contributed by individuals, business
concerns, or other entities to carry out this title, under such
terms and conditions as the Attorney General may impose.
``(2) Use of separate account.--In making payments under this
section, amounts contained in any account containing funds provided
under paragraph (1) shall be used prior to using appropriated
amounts.
``SEC. 407. REGULATIONS.
``Not later than 90 days after the date of enactment of this Act
[Sept. 22, 2001], the Attorney General, in consultation with the Special
Master, shall promulgate regulations to carry out this title, including
regulations with respect to--
``(1) forms to be used in submitting claims under this title;
``(2) the information to be included in such forms;
``(3) procedures for hearing and the presentation of evidence;
``(4) procedures to assist an individual in filing and pursuing
claims under this title; and
``(5) other matters determined appropriate by the Attorney
General.
``SEC. 408. LIMITATION ON LIABILITY.
``(a) In General.--
``(1) Liability limited to insurance coverage.--Notwithstanding
any other provision of law, liability for all claims, whether for
compensatory or punitive damages or for contribution or indemnity,
arising from the terrorist-related aircraft crashes of September 11,
2001, against an air carrier, aircraft manufacturer, airport
sponsor, or person with a property interest in the World Trade
Center, on September 11, 2001, whether fee simple, leasehold or
easement, direct or indirect, or their directors, officers,
employees, or agents, shall not be in an amount greater than the
limits of liability insurance coverage maintained by that air
carrier, aircraft manufacturer, airport sponsor, or person.
``(2) Willful defaults on rebuilding obligation.--Paragraph (1)
does not apply to any such person with a property interest in the
World Trade Center if the Attorney General determines, after notice
and an opportunity for a hearing on the record, that the person has
defaulted willfully on a contractual obligation to rebuild, or
assist in the rebuilding of, the World Trade Center.
``(3) Limitations on liability for New York City.--Liability for
all claims, whether for compensatory or punitive damages or for
contribution or indemnity arising from the terrorist-related
aircraft crashes of September 11, 2001, against the City of New York
shall not exceed the greater of the city's insurance coverage or
$350,000,000. If a claimant who is eligible to seek compensation
under section 405 of this Act, submits a claim under section 405,
the claimant waives the right to file a civil action (or to be a
party to an action) in any Federal or State court for damages
sustained as a result of the terrorist-related aircraft crashes of
September 11, 2001, including any such action against the City of
New York. The preceding sentence does not apply to a civil action to
recover collateral source obligations.
``(b) Federal Cause of Action.--
``(1) Availability of action.--There shall exist a Federal cause
of action for damages arising out of the hijacking and subsequent
crashes of American Airlines flights 11 and 77, and United Airlines
flights 93 and 175, on September 11, 2001. Notwithstanding section
40120(c) of title 49, United States Code, this cause of action shall
be the exclusive remedy for damages arising out of the hijacking and
subsequent crashes of such flights.
``(2) Substantive law.--The substantive law for decision in any
such suit shall be derived from the law, including choice of law
principles, of the State in which the crash occurred unless such law
is inconsistent with or preempted by Federal law.
``(3) Jurisdiction.--The United States District Court for the
Southern District of New York shall have original and exclusive
jurisdiction over all actions brought for any claim (including any
claim for loss of property, personal injury, or death) resulting
from or relating to the terrorist-related aircraft crashes of
September 11, 2001.
``(c) Exclusion.--Nothing in this section shall in any way limit any
liability of any person who is a knowing participant in any conspiracy
to hijack any aircraft or commit any terrorist act. Subsections (a) and
(b) do not apply to civil actions to recover collateral source
obligations.
``SEC. 409. RIGHT OF SUBROGATION.
``The United States shall have the right of subrogation with respect
to any claim paid by the United States under this title, subject to the
limitations described in section 408.
``TITLE V--AIR TRANSPORTATION SAFETY
``SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
``Congress affirms the President's decision to spend $3,000,000,000
on airline safety and security in conjunction with this Act in order to
restore public confidence in the airline industry.
``SEC. 502. CONGRESSIONAL COMMITMENT.
``Congress is committed to act expeditiously, in consultation with
the Secretary of Transportation, to strengthen airport security and take
further measures to enhance the security of air travel.
``TITLE VI--SEPARABILITY
``SEC. 601. SEPARABILITY.
``If any provision of this Act (including any amendment made by this
Act [amending sections 44302 to 44306 of this title]) or the application
thereof to any person or circumstance is held invalid, the remainder of
this Act (including any amendment made by this Act) and the application
thereof to other persons or circumstances shall not be affected
thereby.''
[Pub. L. 107-134, title I, Sec. 114(b), Jan. 23, 2002, 115 Stat.
2436, provided that: ``The amendment made by this section [amending Pub.
L. 107-42, set out above] shall take effect as if included in section
301 of the Air Transportation Safety and System Stabilization Act
(Public Law 107-42).'']
[Memorandum of President of the United States, Sept. 25, 2001, 66
F.R. 49507, delegated to the Secretary of Transportation the authority
vested in the President under section 101(a)(2) of Pub. L. 107-42, set
out above, to compensate air carriers for direct and incremental losses
they incurred from the terrorist attacks of Sept. 11, 2001, and any
resulting ground stop order.]
Independent Study of FAA Costs and Allocations
Pub. L. 106-181, title III, Sec. 309, Apr. 5, 2000, 114 Stat. 127,
provided that:
``(a) Independent Assessment.--
``(1) In general.--The Inspector General of the Department of
Transportation shall conduct the assessments described in this
section. To conduct the assessments, the Inspector General may use
the staff and resources of the Inspector General or contract with
one or more independent entities.
``(2) Assessment of adequacy and accuracy of faa cost data and
attributions.--
``(A) In general.--The Inspector General shall conduct an
assessment to ensure that the method for calculating the overall
costs of the Federal Aviation Administration and attributing
such costs to specific users is appropriate, reasonable, and
understandable to the users.
``(B) Components.--In conducting the assessment under this
paragraph, the Inspector General shall assess the following:
``(i) The Administration's cost input data, including
the reliability of the Administration's source documents and
the integrity and reliability of the Administration's data
collection process.
``(ii) The Administration's system for tracking assets.
``(iii) The Administration's bases for establishing
asset values and depreciation rates.
``(iv) The Administration's system of internal controls
for ensuring the consistency and reliability of reported
data.
``(v) The Administration's definition of the services to
which the Administration ultimately attributes its costs.
``(vi) The cost pools used by the Administration and the
rationale for and reliability of the bases which the
Administration proposes to use in allocating costs of
services to users.
``(C) Requirements for assessment of cost pools.--In
carrying out subparagraph (B)(vi), the Inspector General shall--
``(i) review costs that cannot reliably be attributed to
specific Administration services or activities (called
`common and fixed costs' in the Administration Cost
Allocation Study) and consider alternative methods for
allocating such costs; and
``(ii) perform appropriate tests to assess relationships
between costs in the various cost pools and activities and
services to which the costs are attributed by the
Administration.
``(3) Cost effectiveness.--
``(A) In general.--The Inspector General shall assess the
progress of the Administration in cost and performance
management, including use of internal and external benchmarking
in improving the performance and productivity of the
Administration.
``(B) Annual reports.--Not later than December 31, 2000, and
annually thereafter until December 31, 2004, the Inspector
General shall transmit to Congress an updated report containing
the results of the assessment conducted under this paragraph.
``(C) Information to be included in faa financial report.--
The Administrator [of the Federal Aviation Administration] shall
include in the annual financial report of the Administration
information on the performance of the Administration sufficient
to permit users and others to make an informed evaluation of the
progress of the Administration in increasing productivity.
``(b) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out this section.''
Operations of Air Taxi Industry
Pub. L. 106-181, title VII, Sec. 735, Apr. 5, 2000, 114 Stat. 171,
provided that:
``(a) Study.--The Administrator [of the Federal Aviation
Administration], in consultation with the National Transportation Safety
Board and other interested persons, shall conduct a study of air taxi
operators regulated under part 135 of title 14, Code of Federal
Regulations.
``(b) Contents.--The study shall include an analysis of the size and
type of the aircraft fleet, relevant aircraft equipment, hours flown,
utilization rates, safety record by various categories of use and
aircraft type, sales revenues, and airports served by the air taxi
fleet.
``(c) Report.--Not later than 1 year after the date of the enactment
of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress
a report on the results of the study.''
Findings
Section 271 of Pub. L. 104-264 provided that: ``Congress finds the
following:
``(1) The Administration [Federal Aviation Administration] is
recognized throughout the world as a leader in aviation safety.
``(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
``(3) The Administration certifies more than 650 training
schools for pilots and nonpilots, more than 4,858 repair stations,
and more than 193 maintenance schools.
``(4) The Administration certifies pilot examiners, who are then
qualified to determine if a person has the skills necessary to
become a pilot.
``(5) The Administration certifies more than 6,000 medical
examiners, each of whom is then qualified to medically certify the
qualifications of pilots and nonpilots.
``(6) The Administration certifies more than 470 airports, and
provides a limited certification for another 205 airports. Other
airports in the United States are also reviewed by the
Administration.
``(7) The Administration each year performs more than 355,000
inspections.
``(8) The Administration issues more than 655,000 pilot's
licenses and more than 560,000 nonpilot's licenses (including
mechanics).
``(9) The Administration's certification means that the product
meets world-wide recognized standards of safety and reliability.
``(10) The Administration's certification means aviation-related
equipment and services meet world-wide recognized standards.
``(11) The Administration's certification is recognized by
governments and businesses throughout the world and as such may be a
valuable element for any company desiring to sell aviation-related
products throughout the world.
``(12) The Administration's certification may constitute a
valuable license, franchise, privilege or benefits for the holders.
``(13) The Administration also is a major purchaser of
computers, radars, and other systems needed to run the air traffic
control system. The Administration's design, acceptance,
commissioning, or certification of such equipment enables the
private sector to market those products around the world, and as
such confers a benefit on the manufacturer.
``(14) The Administration provides extensive services to public
use aircraft.''
Purposes
Section 272 of title II of Pub. L. 104-264 provided that: ``The
purposes of this subtitle [subtitle C (Secs. 271-278) of title II of
Pub. L. 104-264, enacting sections 45301, 45303, 48111, and 48201 of
this title, amending section 41742 of this title, renumbering section
45303 of this title as section 45304, repealing former section 45301 of
this title, and enacting provisions set out as notes under this section
and section 41742 of this title] are--
``(1) to provide a financial structure for the Administration
[Federal Aviation Administration] so that it will be able to support
the future growth in the national aviation and airport system;
``(2) to review existing and alternative funding options,
including incentive-based fees for services, and establish a program
to improve air traffic management system performance and to
establish appropriate levels of cost accountability for air traffic
management services provided by the Administration;
``(3) to ensure that any funding will be dedicated solely for
the use of the Administration;
``(4) to authorize the Administration to recover the costs of
its services from those who benefit from, but do not contribute to,
the national aviation system and the services provided by the
Administration;
``(5) to consider a fee system based on the cost or value of the
services provided and other funding alternatives;
``(6) to develop funding options for Congress in order to
provide for the long-term efficient and cost-effective support of
the Administration and the aviation system; and
``(7) to achieve a more efficient and effective Administration
for the benefit of the aviation transportation industry.''
Independent Assessment of FAA Financial Requirements; Establishment of
National Civil Aviation Review Commission
Section 274 of Pub. L. 104-264, as amended by Pub. L. 106-181, title
III, Sec. 307(c)(3), Apr. 5, 2000, 114 Stat. 126, provided that:
``(a) Independent Assessment.--
``(1) Initiation.--Not later than 30 days after the date of the
enactment of this Act [Oct. 9, 1996], the Administrator [of the
Federal Aviation Administration] shall contract with an entity
independent of the Administration [Federal Aviation Administration]
and the Department of Transportation to conduct a complete
independent assessment of the financial requirements of the
Administration through the year 2002.
``(2) Assessment criteria.--The Administrator shall provide to
the independent entity estimates of the financial requirements of
the Administration for the period described in paragraph (1), using
as a base the fiscal year 1997 appropriation levels established by
Congress. The independent assessment shall be based on an objective
analysis of agency funding needs.
``(3) Certain factors to be taken into account.--The independent
assessment shall take into account all relevant factors, including--
``(A) anticipated air traffic forecasts;
``(B) other workload measures;
``(C) estimated productivity gains, if any, which contribute
to budgetary requirements;
``(D) the need for programs; and
``(E) the need to provide for continued improvements in all
facets of aviation safety, along with operational improvements
in air traffic control.
``(4) Cost allocation.--The independent assessment shall also
assess the costs to the Administration occasioned by the provision
of services to each segment of the aviation system.
``(5) Deadline.--The independent assessment shall be completed
no later than 90 days after the contract is awarded, and shall be
submitted to the Commission established under subsection (b), the
Secretary [of Transportation], the Secretary of the Treasury, the
Committee on Commerce, Science, and Transportation and the Committee
on Finance of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Ways and Means of the House of
Representatives.
``(b) National Civil Aviation Review Commission.--
``(1) Establishment.--There is established a commission to be
known as the National Civil Aviation Review Commission (hereinafter
in this section referred to as the `Commission').
``(2) Membership.--The Commission shall consist of 21 members to
be appointed as follows:
``(A) 13 members to be appointed by the Secretary, in
consultation with the Secretary of the Treasury, from among
individuals who have expertise in the aviation industry and who
are able, collectively, to represent a balanced view of the
issues important to general aviation, major air carriers, air
cargo carriers, regional air carriers, business aviation,
airports, aircraft manufacturers, the financial community,
aviation industry workers, and airline passengers. At least one
member appointed under this subparagraph shall have detailed
knowledge of the congressional budgetary process.
``(B) Two members appointed by the Speaker of the House of
Representatives.
``(C) Two members appointed by the minority leader of the
House of Representatives.
``(D) Two members appointed by the majority leader of the
Senate.
``(E) Two members appointed by the minority leader of the
Senate.
``(3) Task forces.--The Commission shall establish an aviation
funding task force and an aviation safety task force to carry out
the responsibilities of the Commission under this subsection.
``(4) First meeting.--The Commission may conduct its first
meeting as soon as a majority of the members of the Commission are
appointed.
``(5) Hearings and consultation.--
``(A) Hearings.--The Commission shall take such testimony
and solicit and receive such comments from the public and other
interested parties as it considers appropriate, shall conduct 2
public hearings after affording adequate notice to the public
thereof, and may conduct such additional hearings as may be
necessary.
``(B) Consultation.--The Commission shall consult on a
regular and frequent basis with the Secretary, the Secretary of
the Treasury, the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the Senate, and
the Committee on Transportation and Infrastructure and the
Committee on Ways and Means of the House of Representatives.
``(C) FACA not to apply.--The Commission shall not be
considered an advisory committee for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
``(6) Duties of aviation funding task force.--
``(A) Report to secretary.--
``(i) In general.--The aviation funding task force
established pursuant to paragraph (3) shall submit a report
setting forth a comprehensive analysis of the
Administration's budgetary requirements through fiscal year
2002, based upon the independent assessment under subsection
(a), that analyzes alternative financing and funding means
for meeting the needs of the aviation system through the
year 2002. The task force shall submit a preliminary report
of that analysis to the Secretary not later than 6 months
after the independent assessment is completed under
subsection (a). The Secretary shall provide comments on the
preliminary report to the task force within 30 days after
receiving the report. The task force shall issue a final
report of such comprehensive analysis within 30 days after
receiving the Secretary's comments on its preliminary
report.
``(ii) Contents.--The report submitted by the aviation
funding task force under clause (i)--
``(I) shall consider the independent assessment under
subsection (a);
``(II) shall consider estimated cost savings, if any,
resulting from the procurement and personnel reforms
included in this Act [see Tables for classification] or
in sections 40110(d) and 40122(g) of title 49, United
States Code, and additional financial initiatives;
``(III) shall include specific recommendations to Congress on
how the Administration can reduce costs, raise
additional revenue for the support of agency operations,
and accelerate modernization efforts; and
``(IV) shall include a draft bill containing the changes in
law necessary to implement its recommendations.
``(B) Recommendations.--The aviation funding task force
shall make such recommendations under subparagraph (A)(ii)(III)
as the task force deems appropriate. Those recommendations may
include--
``(i) proposals for off-budget treatment of the Airport
and Airway Trust Fund;
``(ii) alternative financing and funding proposals,
including linked financing proposals;
``(iii) modifications to existing levels of Airport and
Airways Trust Fund receipts and taxes for each type of tax;
``(iv) establishment of a cost-based user fee system
based on, but not limited to, criteria under subparagraph
(F) and methods to ensure that costs are borne by users on a
fair and equitable basis;
``(v) methods to ensure that funds collected from the
aviation community are able to meet the needs of the agency;
``(vi) methods to ensure that funds collected from the
aviation community and passengers are used to support the
aviation system;
``(vii) means of meeting the airport infrastructure
needs for large, medium, and small airports; and
``(viii) any other matter the task force deems
appropriate to address the funding and needs of the
Administration and the aviation system.
``(C) Additional recommendations.--The aviation funding task
force report may also make recommendations concerning--
``(i) means of improving productivity by expanding and
accelerating the use of automation and other technology;
``(ii) means of contracting out services consistent with
this Act, other applicable law, and safety and national
defense needs;
``(iii) methods to accelerate air traffic control
modernization and improvements in aviation safety and safety
services;
``(iv) the elimination of unneeded programs; and
``(v) a limited innovative program based on funding
mechanisms such as loan guarantees, financial partnerships
with for-profit private sector entities, government-
sponsored enterprises, and revolving loan funds, as a means
of funding specific facilities and equipment projects, and
to provide limited additional funding alternatives for
airport capacity development.
``(D) Impact assessment for recommendations.--For each
recommendation contained in the aviation funding task force's
report, the report shall include a full analysis and assessment
of the impact implementation of the recommendation would have
on--
``(i) safety;
``(ii) administrative costs;
``(iii) the congressional budget process;
``(iv) the economics of the industry (including the
proportionate share of all users);
``(v) the ability of the Administration to utilize the
sums collected; and
``(vi) the funding needs of the Administration.
``(E) Trust fund tax recommendations.--If the task force's
report includes a recommendation that the existing Airport and
Airways Trust Fund tax structure be modified, the report shall--
``(i) state the specific rates for each group affected
by the proposed modifications;
``(ii) consider the impact such modifications shall have
on specific users and the public (including passengers); and
``(iii) state the basis for the recommendations.
``(F) Fee system recommendations.--If the task force's
report includes a recommendation that a fee system be
established, including an air traffic control performance-based
user fee system, the report shall consider--
``(i) the impact such a recommendation would have on
passengers, air fares (including low-fare, high frequency
service), service, and competition;
``(ii) existing contributions provided by individual air
carriers toward funding the Administration and the air
traffic control system through contributions to the Airport
and Airways Trust Fund;
``(iii) continuing the promotion of fair and competitive
practices;
``(iv) the unique circumstances associated with
interisland air carrier service in Hawaii and rural air
service in Alaska;
``(v) the impact such a recommendation would have on
service to small communities;
``(vi) the impact such a recommendation would have on
services provided by regional air carriers;
``(vii) alternative methodologies for calculating fees
so as to achieve a fair and reasonable distribution of costs
of service among users;
``(viii) the usefulness of phased-in approaches to
implementing such a financing system;
``(ix) means of assuring the provision of general fund
contributions, as appropriate, toward the support of the
Administration; and
``(x) the provision of incentives to encourage greater
efficiency in the provision of air traffic services by the
Administration and greater efficiency in the use of air
traffic services by aircraft operators.
``(7) Duties of aviation safety task force.--
``(A) Report to administrator.--Not later than 1 year after
the date of the enactment of this Act [Oct. 9, 1996], the
aviation safety task force established pursuant to paragraph (3)
shall submit to the Administrator a report setting forth a
comprehensive analysis of aviation safety in the United States
and emerging trends in the safety of particular sectors of the
aviation industry.
``(B) Contents.--The report to be submitted under
subparagraph (A) shall include an assessment of--
``(i) the adequacy of staffing and training resources
for safety personnel of the Administration, including safety
inspectors;
``(ii) the Administration's processes for ensuring the
public safety from fraudulent parts in civil aviation and
the extent to which use of suspected unapproved parts
requires additional oversight or enforcement action; and
``(iii) the ability of the Administration to anticipate
changes in the aviation industry and to develop policies and
actions to ensure the highest level of aviation safety in
the 21st century.
``(8) Access to documents and staff.--The Administration may
give the Commission 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, United
States Code (commonly known as the `Freedom of Information Act'),
cost data associated with the acquisition and operation of air
traffic service systems. Any member of the Commission who receives
commercial or other proprietary data from the Administrator shall be
subject to the provisions of section 1905 of title 18, United States
Code, pertaining to unauthorized disclosure of such information.
``(9) Travel and per diem.--Each member of the Commission shall
be paid actual travel expenses, and per diem in lieu of subsistence
expenses when away from his or her usual place of residence, in
accordance with section 5703 of title 5, United States Code.
``(10) Detail of personnel from the administration.--The
Administrator shall make available to the Commission such staff,
information, and administrative services and assistance as may
reasonably be required to enable the Commission to carry out its
responsibilities under this subsection.
``(11) Authorization of appropriations.--There is authorized to
be appropriated such sums as may be necessary to carry out the
provisions of this subsection.
``(c) Reports to Congress.--
``(1) Report by the secretary based on final report of aviation
funding task force.--
``(A) Consideration of task force's preliminary report.--Not
later than 30 days after receiving the preliminary report of the
aviation funding task force, the Secretary, in consultation with
the Secretary of the Treasury, shall furnish comments on the
report to the task force.
``(B) Report to congress.--Not later than 30 days after
receiving the final report of the aviation funding task force,
and in no event more than 1 year after the date of the enactment
of this Act, the Secretary, after consulting the Secretary of
the Treasury, shall transmit a report to the Committee on
Commerce, Science, and Transportation and the Committee on
Finance of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Ways and Means of the House
of Representatives. Such report shall be based upon the final
report of the task force and shall contain the Secretary's
recommendations for funding the needs of the aviation system
through the year 2002.
``(C) Contents.--The Secretary shall include in the report
to Congress under subparagraph (B)--
``(i) a copy of the final report of the task force; and
``(ii) a draft bill containing the changes in law
necessary to implement the Secretary's recommendations.
``(D) Publication.--The Secretary shall cause a copy of the
report to be printed in the Federal Register upon its
transmittal to Congress under subparagraph (B).
``(2) Report by the administrator based on final report of
aviation safety task force.--Not later than 30 days after receiving
the report of the aviation safety task force, the Administrator
shall transmit the report to Congress, together with the
Administrator's recommendations for improving aviation safety in the
United States.
``(d) GAO Audit of Cost Allocation.--The Comptroller General shall
conduct an assessment of the manner in which costs for air traffic
control services are allocated between the Administration and the
Department of Defense. The Comptroller General shall report the results
of the assessment, together with any recommendations the Comptroller
General may have for reallocation of costs and for opportunities to
increase the efficiency of air traffic control services provided by the
Administration and by the Department of Defense, to the Commission, the
Administrator, the Secretary of Defense, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate not later than 180
days after the date of the enactment of this Act.
``(e) GAO Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall transmit to the
Commission and Congress an independent assessment of airport development
needs.''
Joint Aviation Research and Development Program
Pub. L. 103-305, title III, Sec. 303, Aug. 23, 1994, 108 Stat. 1590,
provided that:
``(a) Establishment.--The Administrator [of the Federal Aviation
Administration], in consultation with the heads of other appropriate
Federal agencies, shall jointly establish a program to conduct research
on aviation technologies that enhance United States competitiveness. The
program shall include--
``(1) next-generation satellite communications, including global
positioning satellites;
``(2) advanced airport and airplane security;
``(3) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution;
``(4) advanced aviation safety programs; and
``(5) technologies and procedures to enhance and improve airport
and airway capacity.
``(b) Procedures for Contracts and Grants.--The Administrator and
the heads of the other appropriate Federal agencies shall administer
contracts and grants entered into under the program established under
subsection (a) in accordance with procedures developed jointly by the
Administrator and the heads of the other appropriate Federal agencies.
The procedures should include an integrated acquisition policy for
contract and grant requirements and for technical data rights that are
not an impediment to joint programs among the Federal Aviation
Administration, the other Federal agencies involved, and industry.
``(c) Program Elements.--The program established under subsection
(a) shall include--
``(1) selected programs that jointly enhance public and private
aviation technology development;
``(2) an opportunity for private contractors to be involved in
such technology research and development; and
``(3) the transfer of Government-developed technologies to the
private sector to promote economic strength and competitiveness.
``(d) Authorization of Appropriations.--Of amounts authorized to be
appropriated for fiscal years 1995 and 1996 under section 48102(a) of
title 49, United States Code, as amended by section 302 of this title,
there are authorized to be appropriated for fiscal years 1995 and 1996,
respectively, such sums as may be necessary to carry out this section.''
Air Quality in Aircraft Cabins
Pub. L. 108-176, title VIII, Sec. 815, Dec. 12, 2003, 117 Stat.
2592, provided that:
``(a) In General.--The Administrator of the Federal Aviation
Administration shall undertake the studies and analysis called for in
the report of the National Research Council entitled `The Airliner Cabin
Environment and the Health of Passengers and Crew'.
``(b) Required Activities.--In carrying out this section, the
Administrator, at a minimum, shall--
``(1) conduct surveillance to monitor ozone in the cabin on a
representative number of flights and aircraft to determine
compliance with existing Federal Aviation Regulations for ozone;
``(2) collect pesticide exposure data to determine exposures of
passengers and crew;
``(3) analyze samples of residue from aircraft ventilation ducts
and filters after air quality incidents to identify the contaminants
to which passengers and crew were exposed;
``(4) analyze and study cabin air pressure and altitude; and
``(5) establish an air quality incident reporting system.
``(c) Report.--Not later than 30 months after the date of enactment
of this Act [Dec. 12, 2003], the Administrator shall transmit to
Congress a report on the findings of the Administrator under this
section.''
Pub. L. 106-181, title VII, Sec. 725, Apr. 5, 2000, 114 Stat. 166,
provided that:
``(a) Study of Air Quality in Passenger Cabins in Commercial
Aircraft.--
``(1) In general.--Not later than 60 days after the date of the
enactment of this Act [Apr. 5, 2000], the Administrator [of the
Federal Aviation Administration] shall arrange for and provide
necessary data to the National Academy of Sciences to conduct a 12-
month, independent study of air quality in passenger cabins of
aircraft used in air transportation and foreign air transportation,
including the collection of new data, in coordination with the
Federal Aviation Administration, to identify contaminants in the
aircraft air and develop recommendations for means of reducing such
contaminants.
``(2) Alternative air supply.--The study should examine whether
contaminants would be reduced by the replacement of engine and
auxiliary power unit bleed air with an alternative supply of air for
the aircraft passengers and crew.
``(3) Scope.--The study shall include an assessment and
quantitative analysis of each of the following:
``(A) Contaminants of concern, as determined by the National
Academy of Sciences.
``(B) The systems of air supply on aircraft, including the
identification of means by which contaminants may enter such
systems.
``(C) The toxicological and health effects of the
contaminants of concern, their byproducts, and the products of
their degradation.
``(D) Any contaminant used in the maintenance, operation, or
treatment of aircraft, if a passenger or a member of the air
crew may be directly exposed to the contaminant.
``(E) Actual measurements of the contaminants of concern in
the air of passenger cabins during actual flights in air
transportation or foreign air transportation, along with
comparisons of such measurements to actual measurements taken in
public buildings.
``(4) Provision of Current Data.--The Administrator shall
collect all data of the Federal Aviation Administration that is
relevant to the study and make the data available to the National
Academy of Sciences in order to complete the study.
``(b) Collection of Aircraft Air Quality Data.--
``(1) In general.--The Administrator may consider the
feasibility of using the flight data recording system on aircraft to
monitor and record appropriate data related to air inflow quality,
including measurements of the exposure of persons aboard the
aircraft to contaminants during normal aircraft operation and during
incidents involving air quality problems.
``(2) Passenger cabins.--The Administrator may also consider the
feasibility of using the flight data recording system to monitor and
record data related to the air quality in passengers cabins of
aircraft.''
Pub. L. 103-305, title III, Sec. 304, Aug. 23, 1994, 108 Stat. 1591,
provided that:
``(a) Establishment.--The Administrator [of the Federal Aviation
Administration], in consultation with the heads of other appropriate
Federal agencies, shall establish a research program to determine--
``(1) what, if any, aircraft cabin air conditions, including
pressure altitude systems, on flights within the United States are
harmful to the health of airline passengers and crew, as indicated
by physical symptoms such as headaches, nausea, fatigue, and
lightheadedness; and
``(2) the risk of airline passengers and crew contracting
infectious diseases during flight.
``(b) Contract With Center for Disease Control.--In carrying out the
research program established under subsection (a), the Administrator and
the heads of the other appropriate Federal agencies shall contract with
the Center for Disease Control [now Centers for Disease Control and
Prevention] and other appropriate agencies to carry out any studies
necessary to meet the goals of the program set forth in subsection (c).
``(c) Goals.--The goals of the research program established under
subsection (a) shall be--
``(1) to determine what, if any, cabin air conditions currently
exist on domestic aircraft used for flights within the United States
that could be harmful to the health of airline passengers and crew,
as indicated by physical symptoms such as headaches, nausea,
fatigue, and lightheadedness, and including the risk of infection by
bacteria and viruses;
``(2) to determine to what extent, changes in, cabin air
pressure, temperature, rate of cabin air circulation, the quantity
of fresh air per occupant, and humidity on current domestic aircraft
would reduce or eliminate the risk of illness or discomfort to
airline passengers and crew; and
``(3) to establish a long-term research program to examine
potential health problems to airline passengers and crew that may
arise in an airplane cabin on a flight within the United States
because of cabin air quality as a result of the conditions and
changes described in paragraphs (1) and (2).
``(d) Participation.--In carrying out the research program
established under subsection (a), the Administrator shall encourage
participation in the program by representatives of aircraft
manufacturers, air carriers, aviation employee organizations, airline
passengers, and academia.
``(e) Report.--(1) Within six months after the date of enactment of
this Act [Aug. 23, 1994], the Administrator shall submit to the Congress
a plan for implementation of the research program established under
subsection (a).
``(2) The Administrator shall annually submit to the Congress a
report on the progress made during the year for which the report is
submitted toward meeting the goals set forth in subsection (c).
``(f) Authorization of Appropriations.--Of amounts authorized to be
appropriated for fiscal years 1995 and 1996 under section 48102(a) of
title 49, United States Code, as amended by section 302 of this title,
there are authorized to be appropriated for fiscal years 1995 and 1996,
respectively, such sums as may be necessary to carry out this section.''
Information on Disinsection of Aircraft
Pub. L. 103-305, title V, Sec. 507, Aug. 23, 1994, 108 Stat. 1595,
provided that:
``(a) Availability of Information.--In the interest of protecting
the health of air travelers, the Secretary shall publish a list of the
countries (as determined by the Secretary) that require disinsection of
aircraft landing in such countries while passengers and crew are on
board such aircraft.
``(b) Revision.--The Secretary shall revise the list required under
subsection (a) on a periodic basis.
``(c) Publication.--The Secretary shall publish the list required
under subsection (a) not later than 30 days after the date of the
enactment of this Act [Aug. 23, 1994]. The Secretary shall publish a
revision to the list not later than 30 days after completing the
revision under subsection (b).''
General Aviation Revitalization Act of 1994
Pub. L. 103-298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub.
L. 105-102, Sec. 3(e), Nov. 20, 1997, 111 Stat. 2215, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `General Aviation Revitalization Act
of 1994'.
``SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT
MANUFACTURERS.
``(a) In General.--Except as provided in subsection (b), no civil
action for damages for death or injury to persons or damage to property
arising out of an accident involving a general aviation aircraft may be
brought against the manufacturer of the aircraft or the manufacturer of
any new component, system, subassembly, or other part of the aircraft,
in its capacity as a manufacturer if the accident occurred--
``(1) after the applicable limitation period beginning on--
``(A) the date of delivery of the aircraft to its first
purchaser or lessee, if delivered directly from the
manufacturer; or
``(B) the date of first delivery of the aircraft to a person
engaged in the business of selling or leasing such aircraft; or
``(2) with respect to any new component, system, subassembly, or
other part which replaced another component, system, subassembly, or
other part originally in, or which was added to, the aircraft, and
which is alleged to have caused such death, injury, or damage, after
the applicable limitation period beginning on the date of completion
of the replacement or addition.
``(b) Exceptions.--Subsection (a) does not apply--
``(1) if the claimant pleads with specificity the facts
necessary to prove, and proves, that the manufacturer with respect
to a type certificate or airworthiness certificate for, or
obligations with respect to continuing airworthiness of, an aircraft
or a component, system, subassembly, or other part of an aircraft
knowingly misrepresented to the Federal Aviation Administration, or
concealed or withheld from the Federal Aviation Administration,
required information that is material and relevant to the
performance or the maintenance or operation of such aircraft, or the
component, system, subassembly, or other part, that is causally
related to the harm which the claimant allegedly suffered;
``(2) if the person for whose injury or death the claim is being
made is a passenger for purposes of receiving treatment for a
medical or other emergency;
``(3) if the person for whose injury or death the claim is being
made was not aboard the aircraft at the time of the accident; or
``(4) to an action brought under a written warranty enforceable
under law but for the operation of this Act.
``(c) General Aviation Aircraft Defined.--For the purposes of this
Act, the term `general aviation aircraft' means any aircraft for which a
type certificate or an airworthiness certificate has been issued by the
Administrator of the Federal Aviation Administration, which, at the time
such certificate was originally issued, had a maximum seating capacity
of fewer than 20 passengers, and which was not, at the time of the
accident, engaged in scheduled passenger-carrying operations as defined
under regulations in effect under part A of subtitle VII of title 49,
United States Code, at the time of the accident.
``(d) Relationship to Other Laws.--This section supersedes any State
law to the extent that such law permits a civil action described in
subsection (a) to be brought after the applicable limitation period for
such civil action established by subsection (a).
``SEC. 3. OTHER DEFINITIONS.
``For purposes of this Act--
``(1) the term `aircraft' has the meaning given such term in
section 40102(a)(6) of title 49, United States Code;
``(2) the term `airworthiness certificate' means an
airworthiness certificate issued under section 44704(c)(1) of title
49, United States Code, or under any predecessor Federal statute;
``(3) the term `limitation period' means 18 years with respect
to general aviation aircraft and the components, systems,
subassemblies, and other parts of such aircraft; and
``(4) the term `type certificate' means a type certificate
issued under section 44704(a) of title 49, United States Code, or
under any predecessor Federal statute.
``SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
``(a) Effective Date.--Except as provided in subsection (b), this
Act shall take effect on the date of the enactment of this Act [Aug. 17,
1994].
``(b) Application of Act.--This Act shall not apply with respect to
civil actions commenced before the date of the enactment of this Act.''
National Commission to Ensure a Strong Competitive Airline Industry
Pub. L. 102-581, title II, Sec. 204, Oct. 31, 1992, 106 Stat. 4891,
as amended Pub. L. 103-13, Sec. 1, Apr. 7, 1993, 107 Stat. 43, provided
for establishment of National Commission to Ensure a Strong Competitive
Airline Industry to make a complete investigation and study of financial
condition of the airline industry, adequacy of competition in the
airline industry, and legal impediments to a financially strong and
competitive airline industry, to report to President and Congress not
later than 90 days after the date on which initial appointments of
members to the Commission were completed, and to terminate on the 30th
day following transmission of report.
Definitions of Terms in Pub. L. 107-71
For definitions of terms used in sections 127 and 145 of Pub. L.
107-71, set out above, see section 133 of Pub. L. 107-71, set out as a
note under section 40102 of this title.
Section Referred to in Other Sections
This section is referred to in sections 106, 40105, 40118, 41109,
47101 of this title; title 39 section 5402.