
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 153]
[Document affected by Public Law 106-181 Section 712]
[Document affected by Public Law 106-181 Section 124]
[Document affected by Public Law 106-346 Section 101(a)[314]]
[Document affected by Public Law 107-87 Section 313]
[CITE: 49USC44502]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
            CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH
 
Sec. 44502. General facilities and personnel authority

    (a) General Authority.--(1) The Administrator of the Federal 
Aviation Administration may--
        (A) acquire, establish, improve, operate, and maintain air 
    navigation facilities; and
        (B) provide facilities and personnel to regulate and protect air 
    traffic.

    (2) The cost of site preparation work associated with acquiring, 
establishing, or improving an air navigation facility under paragraph 
(1)(A) of this subsection shall be charged to amounts available for that 
purpose appropriated under section 48101(a) of this title. The Secretary 
of Transportation may make an agreement with an airport owner or sponsor 
(as defined in section 47102 of this title) so that the owner or sponsor 
will provide the work and be paid or reimbursed by the Secretary from 
the appropriated amounts.
    (3) The Secretary of Transportation may authorize a department, 
agency, or instrumentality of the United States Government to carry out 
any duty or power under this subsection with the consent of the head of 
the department, agency, or instrumentality.
    (4) Purchase of instrument landing system.--
        (A) Establishment of program.--The Secretary shall purchase 
    precision approach instrument landing system equipment for 
    installation at airports on an expedited basis.
        (B) Authorization.--No less than $30,000,000 of the amounts 
    appropriated under section 48101(a) for each of fiscal years 1995 
    and 1996 shall be used for the purpose of carrying out this 
    paragraph, including acquisition, site preparation work, 
    installation, and related expenditures.

    (b) Certification of Necessity.--Except for Government money 
expended under this part or for a military purpose, Government money may 
be expended to acquire, establish, construct, operate, repair, alter, or 
maintain an air navigation facility only if the Administrator of the 
Federal Aviation Administration certifies in writing that the facility 
is reasonably necessary for use in air commerce or for the national 
defense. An interested person may apply for a certificate for a facility 
to be acquired, established, constructed, operated, repaired, altered, 
or maintained by or for the person.
    (c) Ensuring Conformity With Plans and Policies.--(1) To ensure 
conformity with plans and policies for, and allocation of, airspace by 
the Administrator of the Federal Aviation Administration under section 
40103(b)(1) of this title, a military airport, military landing area, or 
missile or rocket site may be acquired, established, or constructed, or 
a runway may be altered substantially, only if the Administrator of the 
Federal Aviation Administration is given reasonable prior notice so that 
the Administrator of the Federal Aviation Administration may advise the 
appropriate committees of Congress and interested departments, agencies, 
and instrumentalities of the Government on the effect of the 
acquisition, establishment, construction, or alteration on the use of 
airspace by aircraft. A disagreement between the Administrator of the 
Federal Aviation Administration and the Secretary of Defense or the 
Administrator of the National Aeronautics and Space Administration may 
be appealed to the President for a final decision.
    (2) To ensure conformity, an airport or landing area not involving 
the expenditure of Government money may be established or constructed, 
or a runway may be altered substantially, only if the Administrator of 
the Federal Aviation Administration is given reasonable prior notice so 
that the Administrator may provide advice on the effects of the 
establishment, construction, or alteration on the use of airspace by 
aircraft.
    (d) Public Use and Emergency Assistance.--(1) The head of a 
department, agency, or instrumentality of the Government having 
jurisdiction over an air navigation facility owned or operated by the 
Government may provide, under regulations the head of the department, 
agency, or instrumentality prescribes, for public use of the facility.
    (2) The head of a department, agency, or instrumentality of the 
Government having jurisdiction over an airport or emergency landing 
field owned or operated by the Government may provide, under regulations 
the head of the department, agency, or instrumentality prescribes, for 
assistance, and the sale of fuel, oil, equipment, and supplies, to an 
aircraft, but only when necessary, because of an emergency, to allow the 
aircraft to continue to the nearest airport operated by private 
enterprise. The head of the department, agency, or instrumentality shall 
provide for the assistance and sale at the prevailing local fair market 
value as determined by the head of the department, agency, or 
instrumentality. An amount that the head decides is equal to the cost of 
the assistance provided and the fuel, oil, equipment, and supplies sold 
shall be credited to the appropriation from which the cost was paid. The 
balance shall be credited to miscellaneous receipts.
    (e) Transfers of Instrument Landing Systems.--An airport may 
transfer, without consideration, to the Administrator of the Federal 
Aviation Administration an instrument landing system (and associated 
approach lighting equipment and runway visual range equipment) that 
conforms to performance specifications of the Administrator if a 
Government airport aid program, airport development aid program, or 
airport improvement project grant was used to assist in purchasing the 
system. The Administrator shall accept the system and operate and 
maintain it under criteria of the Administrator.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1175; Pub. L. 103-
305, title I, Sec. 120(a), Aug. 23, 1994, 108 Stat. 1581; Pub. L. 103-
429, Sec. 6(54), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104-287, 
Sec. 5(75), Oct. 11, 1996, 110 Stat. 3396.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44502(a)(1)...........................  49 App.:1348(b) (1st sentence    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         less cl. (3)).                   307(b
) (1st sentence less cl. (3), 2d
                                                                          sente
nce), 72 Stat. 750; Jan. 12,
                                                                          1983,
 Pub. L. 97-449, Sec.  4(c), 96
                                                                          Stat.
 2442.
                                        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.
44502(a)(2)...........................  49 App.:2205(a)(3).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          506(a
)(3), 96 Stat. 677; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          105(a
)(1), (g)(1), 101 Stat. 1489,
                                                                          1494.
44502(a)(3)...........................  49 App.:1348(b) (2d sentence).
44502(b)..............................  49 App.:1349(a) (1st, 2d         Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                         sentences).                      308(a
) (1st, 2d sentences), (b), 309,
                                                                          1107,
 72 Stat. 750, 751, 798.
                                        49 App.:1655(c)(1).
44502(c)(1)...........................  49 App.:1349(b).
                                        49 App.:1655(c)(1).
44502(c)(2)...........................  49 App.:1350.
                                        49 App.:1655(c)(1).
44502(d)..............................  49 App.:1507.
44502(e)..............................  49 App.:1743.                    Aug. 1
1, 1959, Pub. L. 86-154, 73 Stat.
                                                                          333.
44502(f)..............................  49 App.:2205 (notes).            Nov. 2
1, 1989, Pub. L. 101-164, Sec.
                                                                          331, 
103 Stat. 1097.
                                                                         Nov. 5
, 1990, Pub. L. 101-516, Sec.
                                                                          324, 
104 Stat. 2182.
                                                                         Oct. 2
8, 1991, Pub. L. 102-143, Sec.
                                                                          324, 
105 Stat. 943.
                                                                         Oct. 6
, 1992, Pub. L. 102-388, Sec.
                                                                          324, 
106 Stat. 1547.
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``department, agency, or instrumentality 
of the United States Government'' are substituted for ``Federal 
department or agency'' in 49 App.:1348(b), ``agencies'' in 49 
App.:1349(b), and ``department or other agency'' and ``Government 
department or other agency'' in 49 App.:1507 for consistency in the 
revised title and with other titles of the United States Code.
    In subsections (a)(1), (b), and (c), the word ``Administrator'' in 
sections 303(c) (1st sentence), 307(b), 308(a) (1st and 2d sentences) 
and (b), and 309 of the Federal Aviation Act of 1958 (Public Law 85-726, 
72 Stat. 750, 751) is retained on authority of 49:106(g).
    In subsection (a)(1), before clause (A), the words ``within the 
limits of available appropriations made by the Congress'' are omitted as 
surplus. In clause (A), the words ``wherever necessary'' are omitted as 
surplus. In clause (B), the word ``necessary'' is omitted as surplus.
    In subsection (a)(2), the words ``by the Secretary'' and ``to the 
Secretary'' are omitted as surplus. The last sentence is substituted for 
49 App.:2205(a)(3) (last sentence) to eliminate unnecessary words.
    In subsection (a)(3), the words ``subject to such regulations, 
supervision, and review as he may prescribe'' are omitted because of 
49:322(a). The words ``from time to time make such provision as he shall 
deem appropriate'' are omitted as surplus. The words ``duty or power'' 
are substituted for ``function'' for consistency in the revised title 
and with other titles of the Code. The words ``the head of'' are added 
for clarity and consistency.
    In subsection (b), the words ``(whether or not in cooperation with 
State or other local governmental agencies)'' and ``thereon'' are 
omitted as surplus. The words ``landing area'' are omitted as being 
included in the definition of ``air navigation facility'' in section 
40102(a) of the revised title. The words ``recommendation and'' are 
omitted as surplus. The words ``under regulations prescribed by him'' 
are omitted because of 49:322(a). The word ``proposed'' is omitted as 
surplus. The word ``acquired'' is added for consistency in this 
subsection.
    In subsection (c)(1), the words ``In order'', ``layout'', and ``In 
case of . . . the matter'' are omitted as surplus. The words ``Secretary 
of Defense'' are substituted for ``Department of Defense'' because of 
10:133(a). The words ``the Administrator of'' are added because of 
42:2472(a).
    In subsection (c)(2), the word ``layout'' is omitted as surplus. The 
words ``pursuant to regulations prescribed by him'' are omitted because 
of 49:322(a). The words ``the establishment, building, or alteration'' 
are substituted for ``such construction'' for clarity and consistency in 
this section.
    In subsection (d)(1), the words ``under such conditions and to such 
extent as . . . deems advisable and'' are omitted as surplus. The word 
``provide'' is substituted for ``be made available'', and the words ``of 
the facility'' are added, for clarity.
    In subsection (d)(2), the words ``All amounts received under this 
subsection shall be covered into the Treasury'' are omitted because of 
31:3302(b). The words ``services, shelter . . . other'' and ``if any'' 
are omitted as surplus.
    In subsection (e), the words ``or compact'' are omitted as surplus. 
The words ``or States'' are omitted because of 1:1. The text of 49 
App.:1743 (last sentence) is omitted as surplus.
    In subsection (f), the words ``Notwithstanding any other provision 
of law'' and ``thereafter'' are omitted as surplus.


                             Pub. L. 103-429

    This amends 49:44502(b) to clarify the restatement of 49 
App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 1175).


                     Pub. L. 104-287, Sec. 5(75)(A)

    This amends 49:44502(c)(1) to correct an error in the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 1175).


                     Pub. L. 104-287, Sec. 5(75)(B)

    This strikes 49:44502(e) and redesignates 49:44502(f) as 49:44502(e) 
because of the restatement of former 49:44502(e) as 49:40121.


                               Amendments

    1996--Subsec. (c)(1). Pub. L. 104-287, Sec. 5(75)(A), substituted 
``To ensure'' for ``To ensure that''.
    Subsecs. (e), (f). Pub. L. 104-287, Sec. 5(75)(B), redesignated 
subsec. (f) as (e) and struck out former subsec. (e) which read as 
follows:
    ``(e) Consent of Congress.--Congress consents to a State making an 
agreement, not in conflict with a law of the United States, with another 
State to develop or operate an airport facility.''
    1994--Subsec. (a)(4). Pub. L. 103-305 added par. (4).
    Subsec. (b). Pub. L. 103-429 inserted ``Government'' before ``money 
may be expended''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.


   Transfer by Airports of Instrument Landing Systems and Associated 
              Equipment to Federal Aviation Administration

    Pub. L. 106-69, title III, Sec. 314, Oct. 9, 1999, 113 Stat. 1018, 
provided that: ``Notwithstanding any other provision of law, airports 
may transfer, without consideration, to the Federal Aviation 
Administration (FAA) instrument landing systems (along with associated 
approach lighting equipment and runway visual range equipment) which 
conform to FAA design and performance specifications, the purchase of 
which was assisted by a Federal airport-aid program, airport development 
aid program or airport improvement program grant. The Federal Aviation 
Administration shall accept such equipment, which shall thereafter be 
operated and maintained by FAA in accordance with agency criteria.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 314], Oct. 21, 
1998, 112 Stat. 2681-439, 2681-468.
    Pub. L. 105-66, title III, Sec. 314, Oct. 27, 1997, 111 Stat. 1443.
    Pub. L. 104-205, title III, Sec. 314, Sept. 30, 1996, 110 Stat. 
2971.
    Pub. L. 104-50, title III, Sec. 317, Nov. 15, 1995, 109 Stat. 455.
    Pub. L. 103-331, title III, Sec. 317, Sept. 30, 1994, 108 Stat. 
2491, repealed by Pub. L. 104-287, Sec. 7(4), Oct. 11, 1996, 110 Stat. 
3400.


                  Cost Savings Associated With Purchase

    Section 120(b) of Pub. L. 103-305 provided that: ``Notwithstanding 
other provisions of law or regulations to the contrary, the 
Administrator [of the Federal Aviation Administration] shall establish, 
within 120 days after the date of the enactment of this Act [Aug. 23, 
1994], a process through which airport sponsors may take advantage of 
cost savings associated with the purchase and installation of instrument 
landing systems, along with associated equipment, under existing or 
future Federal Aviation Administration contracts. The process 
established by the Administrator may provide for the direct 
reimbursement (including administrative costs) of the Administrator by 
an airport sponsor using grants funds under subchapter I of chapter 471 
of subtitle VII of title 49, United States Code, relating to airport 
improvement, for the ordering of such equipment and installation or for 
the direct ordering of such equipment and installation by an airport 
sponsor, using such grant funds, from the suppliers with which the 
Administrator has contracted.''


           Grandfather Provision for FAA Demonstration Project

    Pub. L. 103-260, title IV, Sec. 401, May 26, 1994, 108 Stat. 702, 
provided that:
    ``(a) In general.--Notwithstanding the termination of the personnel 
demonstration project for certain Federal Aviation Administration 
employees on June 17, 1994, pursuant to section 4703 of title 5, United 
States Code, the Federal Aviation Administration, subject to subsection 
(d), shall continue to pay quarterly retention allowance payments in 
accordance with subsection (b) to those employees who are entitled to 
quarterly retention allowance payments under the demonstration project 
as of June 16, 1994.
    ``(b) Computation Rules.--
        ``(1) In general.--The amount of each quarterly retention 
    allowance payment to which an employee is entitled under subsection 
    (a) shall be the amount of the last quarterly retention allowance 
    payment paid to such employee under the personnel demonstration 
    project prior to June 17, 1994, reduced by that portion of the 
    amount of any increase in the employee's annual rate of basic pay 
    subsequent to June 17, 1994, from any source, which is allocable to 
    the quarter for which the allowance is to be paid (or, if 
    applicable, to that portion of the quarter for which the allowance 
    is to be paid). For purposes of the preceding sentence, the increase 
    in an employee's annual rate of basic pay includes--
            ``(A) any increase under section 5303 of title 5, United 
        States Code;
            ``(B) any increase in locality-based comparability payments 
        under section 5304 of such title 5 (except if, or to the extent 
        that, such increase is offset by a reduction of an interim 
        geographic adjustment under section 302 of the Federal Employees 
        Pay Comparability Act of 1990 (5 U.S.C. 5304 note));
            ``(C) any establishment or increase in a special rate of pay 
        under section 5305 of such title 5;
            ``(D) any increase in basic pay pursuant to a promotion 
        under section 5334 of such title 5;
            ``(E) any periodic step-increase under section 5335 of such 
        title 5;
            ``(F) any additional step-increase under section 5336 of 
        such title 5; and
            ``(G) any other increase in annual rate of basic pay under 
        any other provision of law.
        ``(2) Section rule.--In the case of an employee on leave without 
    pay or other similar status for any part of the quarter prior to 
    June 17, 1994, based on which the amount of the allowance payments 
    for such employee under subsection (a) are computed, the `amount of 
    the last quarterly retention allowance payment paid to such employee 
    under the personnel demonstration project prior to June 17, 1994' 
    shall, for purposes of paragraph (1), be deemed to be the amount of 
    the allowance which would have been payable to such employee for 
    such quarter under such project had such employee been in pay status 
    throughout such quarter.
    ``(c) Termination.--An employee's entitlement to quarterly retention 
allowance payments under this section shall cease when--
        ``(1) the amount of such allowance is reduced to zero under 
    subsection (b), or
        ``(2) the employee separates or moves to a position in which the 
    employee would not, prior to June 17, 1994, have been entitled to 
    receive an allowance under the demonstration project,
whichever is earlier.
    ``(d) Special Payment Rule.--The Administrator of the Federal 
Aviation Administration may make payment for the costs incurred under 
the program established by subsection (a) for the period between June 
18, 1994, and September 30, 1994, following the end of the first full 
pay period that begins on or after October 1, 1994, subject to 
appropriations made available in fiscal year 1995.
    ``(e) Study of Recruitment and Retention Incentives.--The 
Administrator of the Federal Aviation Administration shall conduct a 
study of impediments that may exist to achieving appropriate air traffic 
controller staffing levels at hard-to-staff facilities. In conducting 
such study, the Administrator shall identify and evaluate the extent to 
which special incentives, of a financial or non-financial nature, could 
be useful in recruiting or retaining air traffic controllers at such 
facilities. The Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives not later than 
180 days after the date of enactment of this Act [May 26, 1994] a report 
on (1) the results of such study, (2) planned administrative actions, 
and (3) any recommended legislation.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 40119, 46301, 48101, 
48104, 50101, 50102, 50105 of this title.
