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[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.

    (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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
40101(a)..............................  49 App.:1302(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          102(a
), 72 Stat. 740; Nov. 9, 1977,
                                                                          Pub. 
L. 95-163, Sec.  16(b)(1), (2),
                                                                          91 St
at. 1284; Oct. 24, 1978, Pub. L.
                                                                          95-50
4, Sec.  3(a), 92 Stat. 1705;
                                                                          resta
ted Feb. 15, 1980, Pub. L. 96-
                                                                          192, 
Sec.  2, 94 Stat. 35.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
40101(b)..............................  49 App.:1302(b).                 Aug. 2
3, 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. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          306, 
72 Stat. 749.
                                        49 App.:1655(c)(1).              Oct. 1
5, 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. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          103, 
72 Stat. 740; Nov. 18, 1988, Pub.
                                                                          L. 10
0-690, Sec.  7202(b), 102 Stat.
                                                                          4424.
                                        49 App.:1655(c)(1).
40101(e)..............................  49 App.:1502(b).                 Aug. 2
3, 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. 2
3, 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

    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 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 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'.''


                                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 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 347 and 348 of Public Law 104-50 [49 U.S.C. 
                106 note, 40110 note], 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.''


               Aircraft Cabin Air Quality Research Program

    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.

                  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.
