
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 156(a)]
[Document affected by Public Law 107-71 Section 140(c)]
[CITE: 49USC40113]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40113. Administrative

    (a) General Authority.--The Secretary of Transportation (or the 
Administrator of the Federal Aviation Administration with respect to 
aviation safety duties and powers designated to be carried out by the 
Administrator) may take action the Secretary or Administrator, as 
appropriate, considers necessary to carry out this part, including 
conducting investigations, prescribing regulations, standards, and 
procedures, and issuing orders.
    (b) Hazardous Material.--In carrying out this part, the Secretary 
has the same authority to regulate the transportation of hazardous 
material by air that the Secretary has under section 5103 of this title. 
However, this subsection does not prohibit or regulate the 
transportation of a firearm (as defined in section 232 of title 18) or 
ammunition for a firearm, when transported by an individual for personal 
use.
    (c) Governmental Assistance.--The Secretary (or the Administrator of 
the Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Administrator) may 
use the assistance of the Administrator of the National Aeronautics and 
Space Administration and any research or technical department, agency, 
or instrumentality of the United States Government on matters related to 
aircraft fuel and oil, and to the design, material, workmanship, 
construction, performance, maintenance, and operation of aircraft, 
aircraft engines, propellers, appliances, and air navigation facilities. 
Each department, agency, and instrumentality may conduct scientific and 
technical research, investigations, and tests necessary to assist the 
Secretary or Administrator of the Federal Aviation Administration in 
carrying out this part. This part does not authorize duplicating 
laboratory research activities of a department, agency, or 
instrumentality.
    (d) Indemnification.--The Administrator of the Federal Aviation 
Administration may indemnify an officer or employee of the 
Administration against a claim or judgment arising out of an act that 
the Administrator decides was committed within the scope of the official 
duties of the officer or employee.
    (e) Assistance to Foreign Aviation Authorities.--
        (1) Safety-related training and operational services.--The 
    Administrator may provide safety-related training and operational 
    services to foreign aviation authorities with or without 
    reimbursement, if the Administrator determines that providing such 
    services promotes aviation safety. To the extent practicable, air 
    travel reimbursed under this subsection shall be conducted on United 
    States air carriers.
        (2) Reimbursement sought.--The Administrator shall actively seek 
    reimbursement for services provided under this subsection from 
    foreign aviation authorities capable of providing such 
    reimbursement.
        (3) Crediting appropriations.--Funds received by the 
    Administrator pursuant to this section shall be credited to the 
    appropriation from which the expenses were incurred in providing 
    such services.
        (4) Reporting.--Not later than December 31, 1995, and annually 
    thereafter, the Administrator shall transmit to Congress a list of 
    the foreign aviation authorities to which the Administrator provided 
    services under this subsection in the preceding fiscal year. Such 
    list shall specify the dollar value of such services and any 
    reimbursement received for such services.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103-
305, title II, Sec. 202, Aug. 23, 1994, 108 Stat. 1582.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
40113(a)..............................  49 App.:1324(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                                                          204(a
), 313(a), 72 Stat. 743, 752.
                                        49 App.:1354(a).
                                        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.
                                        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.
40113(b)..............................  49 App.:1472(h)(1), (3).         Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          902(h
)(1), (3), 72 Stat. 785; restated
                                                                          Jan. 
3, 1975, Pub. L. 93-633, Sec.
                                                                          113(c
), 88 Stat. 2162, 2163.
40113(c)..............................  49 App.:1505.                    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          1105,
 72 Stat. 798; Oct. 15, 1962,
                                                                          Pub. 
L. 87-810, Sec.  3, 76 Stat. 921.
                                        49 App.:1655(c)(1).
40113(d)..............................  49 App.:1354(e).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  313(e); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  205, 101
                                                                          Stat.
 1521.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a), (c), and (d), the word ``Administrator'' in 
sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958 
(Public Law 85-726, 72 Stat. 752, 798) is retained on authority of 
49:106(g).
    Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to 
eliminate unnecessary words. The word ``standards'' is added for 
consistency.
    In subsection (b), the words ``his responsibilities under'' and 
``safe'' are omitted as surplus.
    In subsection (c), the words ``department, agency, and 
instrumentality'' are substituted for ``agency'' and ``governmental 
agency'' for consistency in the revised title and with other titles of 
the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is 
omitted as superseded by 49 App.:1903(b), restated in sections 1105, 
1110, and 1111 of the revised title. The word ``existing'' is omitted as 
surplus.
    In subsection (d), the text of 49 App.:1354(e) (last sentence) is 
omitted because of 49:322(a).


                               Amendments

    1994--Subsec. (e). Pub. L. 103-305 added subsec. (e).


                 Administrative Services Franchise Fund

    Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957, provided 
in part that: ``There is hereby established in the Treasury a fund, to 
be available without fiscal year limitation, for the costs of 
capitalizing and operating such administrative services as the FAA 
Administrator determines may be performed more advantageously as 
centralized services, including accounting, international training, 
payroll, travel, duplicating, multimedia and information technology 
services: Provided, That any inventories, equipment, and other assets 
pertaining to the services to be provided by such fund, either on hand 
or on order, less the related liabilities or unpaid obligations, and any 
appropriations made prior to the current year for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available to 
the FAA and other Federal agencies for which such centralized services 
are performed, at rates which will return in full all expenses of 
operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of Automated Data Processing (ADP) software and 
systems (either required or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the FAA 
Administrator: Provided further, That such fund shall provide services 
on a competitive basis: Provided further, That an amount not to exceed 
four percent of the total annual income to such fund may be retained in 
the fund for fiscal year 1997 and each year thereafter, to remain 
available until expended, to be used for the acquisition of capital 
equipment and for the improvement and implementation of FAA financial 
management, ADP, and support systems: Provided further, That no later 
than thirty days after the end of each fiscal year, amounts in excess of 
this reserve limitation shall be transferred to miscellaneous receipts 
in the Treasury.''


                Aircraft Purchase Loan Guarantee Program

    Pub. L. 106-69, title III, Sec. 337, Oct. 9, 1999, 113 Stat. 1022, 
provided that: ``None of the funds in this Act [see Tables for 
classification] shall be available for activities under the Aircraft 
Purchase Loan Guarantee Program during fiscal year 2000.''
    Similar provisions were contained in the following prior 
appropriation Acts, certain of which also authorized Secretary of 
Transportation to issue notes or other obligations to Secretary of the 
Treasury to pay any necessary expenses required pursuant to any 
guarantee issued under Public Law 85-307, as amended:
    Pub. L. 105-277, div. A, Sec. 101(g) [title I], Oct. 21, 1998, 112 
Stat. 2681-439, 2681-446.
    Pub. L. 105-66, title I, Oct. 27, 1997, 111 Stat. 1431.
    Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2957.
    Pub. L. 104-50, title I, Nov. 15, 1995, 109 Stat. 442.
    Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2476.
    Pub. L. 103-122, title I, Oct. 27, 1993, 107 Stat. 1205.
    Pub. L. 102-388, title I, Oct. 6, 1992, 106 Stat. 1527.
    Pub. L. 102-143, title I, Oct. 28, 1991, 105 Stat. 924.
    Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2161.
    Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1076.
    Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2131.
    Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat. 
1329-358, 1329-363.
    Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 
Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) [H.R. 5205, title I], 
Oct. 30, 1986, 100 Stat. 3341-308.
    Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 
1273.
    Pub. L. 98-473, title I, Sec. 3101(i) [title I], Oct. 12, 1984, 98 
Stat. 1944, 1950.
    Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 458.
    Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 339.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 46102 of this title.
