
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 901]
[CITE: 49USC48102]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                            PART C--FINANCING
 
        CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
 
Sec. 48102. Research and development

    (a) Authorization of Appropriations.--Not more than the following 
amounts may be appropriated to the Secretary of Transportation out of 
the Airport and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out sections 
44504, 44505, 44507, 44509, and 44511-44513 of this title:
        (1) for fiscal year 1995--
            (A) $7,673,000 for management and analysis projects and 
        activities;
            (B) $80,901,000 for capacity and air traffic management 
        technology projects and activities;
            (C) $39,242,000 for communications, navigation, and 
        surveillance projects and activities;
            (D) $2,909,000 for weather projects and activities;
            (E) $8,660,000 for airport technology projects and 
        activities;
            (F) $51,004,000 for aircraft safety technology projects and 
        activities;
            (G) $36,604,000 for system security technology projects and 
        activities;
            (H) $26,484,000 for human factors and aviation medicine 
        projects and activities;
            (I) $8,124,000 for environment and energy projects and 
        activities; and
            (J) $5,199,000 for innovative/cooperative research projects 
        and activities;

        (2) for fiscal year 1996--
            (A) $8,056,000 for management and analysis projects and 
        activities;
            (B) $84,946,000 for capacity and air traffic management 
        technology projects and activities;
            (C) $41,204,000 for communications, navigation, and 
        surveillance projects and activities;
            (D) $3,054,000 for weather projects and activities;
            (E) $9,093,000 for airport technology projects and 
        activities;
            (F) $53,554,000 for aircraft safety technology projects and 
        activities;
            (G) $38,434,000 for system security technology projects and 
        activities;
            (H) $27,808,000 for human factors and aviation medicine 
        projects and activities;
            (I) $8,532,000 for environment and energy projects and 
        activities; and
            (J) $5,459,000 for innovative/cooperative research projects 
        and activities;

        (3) for fiscal year 1997--
            (A) $13,660,000 for system development and infrastructure 
        projects and activities;
            (B) $34,889,000 for capacity and air traffic management 
        technology projects and activities;
            (C) $19,000,000 for communications, navigation, and 
        surveillance projects and activities;
            (D) $13,000,000 for weather projects and activities;
            (E) $5,200,000 for airport technology projects and 
        activities;
            (F) $36,504,000 for aircraft safety technology projects and 
        activities;
            (G) $57,055,000 for system security technology projects and 
        activities;
            (H) $23,504,000 for human factors and aviation medicine 
        projects and activities;
            (I) $3,600,000 for environment and energy projects and 
        activities; and
            (J) $2,000,000 for innovative/cooperative research projects 
        and activities;

        (4) for fiscal year 1998, $226,800,000, including--
            (A) $16,379,000 for system development and infrastructure 
        projects and activities;
            (B) $27,089,000 for capacity and air traffic management 
        technology projects and activities;
            (C) $23,362,000 for communications, navigation, and 
        surveillance projects and activities;
            (D) $16,600,000 for weather projects and activities;
            (E) $7,854,000 for airport technology projects and 
        activities;
            (F) $49,202,000 for aircraft safety technology projects and 
        activities;
            (G) $53,759,000 for system security technology projects and 
        activities;
            (H) $26,550,000 for human factors and aviation medicine 
        projects and activities;
            (I) $2,891,000 for environment and energy projects and 
        activities; and
            (J) $3,114,000 for innovative/cooperative research projects 
        and activities, of which $750,000 shall be for carrying out the 
        grant program established under subsection (h); and

        (5) for fiscal year 1999, $229,673,000.

    (b) Research Priorities.--(1) The Administrator shall consider the 
advice and recommendations of the research advisory committee 
established by section 44508 of this title in establishing priorities 
among major categories of research and development activities carried 
out by the Federal Aviation Administration.
    (2) At least 15 percent of the amount appropriated under subsection 
(a) of this section shall be for long-term research projects.
    (3) At least 3 percent of the amount appropriated under subsection 
(a) of this section shall be available to the Administrator of the 
Federal Aviation Administration to make grants under section 44511 of 
this title.
    (c) Transfers Between Categories.--(1) Not more than 10 percent of 
the net amount authorized for a category of projects and activities in a 
fiscal year under subsection (a) of this section may be transferred to 
or from that category in that fiscal year.
    (2) The Secretary may transfer more than 10 percent of an authorized 
amount to or from a category only after--
        (A) submitting a written explanation of the proposed transfer to 
    the Committees on Science and Appropriations of the House of 
    Representatives and the Committees on Commerce, Science, and 
    Transportation and Appropriations of the Senate; and
        (B) 30 days have passed after the explanation is submitted or 
    each Committee notifies the Secretary in writing that it does not 
    object to the proposed transfer.

    (d) Airport Capacity Research and Development.--(1) Of the amounts 
made available under subsection (a) of this section, at least 
$25,000,000 may be appropriated each fiscal year for research and 
development under section 44505(a) and (c) of this title on preserving 
and enhancing airport capacity, including research and development on 
improvements to airport design standards, maintenance, safety, 
operations, and environmental concerns.
    (2) The Administrator shall submit to the Committees on Science and 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on expenditures made under paragraph (1) of this subsection for 
each fiscal year. The report shall be submitted not later than 60 days 
after the end of the fiscal year.
    (e) Air Traffic Controller Performance Research.--Necessary amounts 
may be appropriated to the Secretary out of amounts in the Fund 
available for research and development to conduct research under section 
44506(a) and (b) of this title.
    (f) Availability of Amounts.--Amounts appropriated under subsection 
(a) of this section remain available until expended.
    (h) \1\ Research Grants Program Involving Undergraduate Students.--
---------------------------------------------------------------------------
    \1\ So in original. No subsec. (g) has been enacted.
---------------------------------------------------------------------------
        (1) Establishment.--The Administrator of the Federal Aviation 
    Administration shall establish a program to utilize undergraduate 
    and technical colleges, including Historically Black Colleges and 
    Universities and Hispanic Serving Institutions, in research on 
    subjects of relevance to the Federal Aviation Administration. Grants 
    may be awarded under this subsection for--
            (A) research projects to be carried out at primarily 
        undergraduate institutions and technical colleges;
            (B) research projects that combine research at primarily 
        undergraduate institutions and technical colleges with other 
        research supported by the Federal Aviation Administration; or
            (C) research on future training requirements on projected 
        changes in regulatory requirements for aircraft maintenance and 
        power plant licensees.

        (2) Notice of criteria.--Within 6 months after the date of the 
    enactment of the FAA Research, Engineering, and Development 
    Authorization Act of 1998, the Administrator of the Federal Aviation 
    Administration shall establish and publish in the Federal Register 
    criteria for the submittal of proposals for a grant under this 
    subsection, and for the awarding of such grants.
        (3) Principal criteria.--The principal criteria for the awarding 
    of grants under this subsection shall be--
            (A) the relevance of the proposed research to technical 
        research needs identified by the Federal Aviation 
        Administration;
            (B) the scientific and technical merit of the proposed 
        research; and
            (C) the potential for participation by undergraduate 
        students in the proposed research.

        (4) Competitive, merit-based evaluation.--Grants shall be 
    awarded under this subsection on the basis of evaluation of 
    proposals through a competitive, merit-based process.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103-
305, title III, Sec. 302, Aug. 23, 1994, 108 Stat. 1589; Pub. L. 104-
264, title XI, Secs. 1102, 1103, Oct. 9, 1996, 110 Stat. 3278; Pub. L. 
104-287, Sec. 5(9), (74), Oct. 11, 1996, 110 Stat. 3389, 3396; Pub. L. 
105-155, Secs. 2, 3, Feb. 11, 1998, 112 Stat. 5.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
48102(a)..............................  49 App.:2202(a)(24).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(24), 96 Stat. 674; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          103(c
)(1), 101 Stat. 1488.
                                        49 App.:2205(b)(2) (1st          Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                         sentence).                       506(b
)(2), 96 Stat. 678; restated Dec.
                                                                          30, 1
987, Pub. L. 100-223, Sec.
                                                                          105(b
)(1), 101 Stat. 1490; Nov. 3,
                                                                          1988,
 Pub. L. 100-591, Sec.  7, 102
                                                                          Stat.
 3014; Nov. 5, 1990, Pub. L. 101-
                                                                          508, 
Sec.  9202, 104 Stat. 1388-372;
                                                                          Oct. 
31, 1992, Pub. L. 102-581, Sec.
                                                                          302, 
106 Stat. 4895.
48102(b)..............................  49 App.:2205(b)(2) (last
                                         sentence).
48102(c)..............................  49 App.:2205(b)(3).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          506(b
)(3), (5), 96 Stat. 678; restated
                                                                          Dec. 
30, 1987, Pub. L. 100-223, Sec.
                                                                          105(b
)(1), 101 Stat. 1491.
48102(d)..............................  49 App.:2205(b)(4).              Sept. 
30, 1982, Pub. L. 97-248, Sec.
                                                                          506(b
)(4), 96 Stat. 678; restated Dec.
                                                                          30, 1
987, Pub. L. 100-223, Sec.
                                                                          105(b
)(1), 101 Stat. 1491; Nov. 5,
                                                                          1990,
 Pub. L. 101-508, Sec.  9203, 104
                                                                          Stat.
 1388-373.
48102(e)..............................  49 App.:1353 (note).             Nov. 3
, 1988, Pub. L. 100-591, Sec.
                                                                          8(d),
 102 Stat. 3016; Nov. 17, 1988,
                                                                          Pub. 
L. 100-685, Sec.  604, 102 Stat.
                                                                          4103.
48102(f)..............................  49 App.:2205(b)(5).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), as to applicability of section 305(b) of 
the Airport and Airway Safety, Capacity, Noise Improvement, and 
Intermodal Transportation Act of 1992 (Pub. L. 102-581, 106 Stat. 4896), 
see section 6(b) of the bill.
    In subsection (a)(1), the word ``solely'' is omitted as surplus. 
Before clause (1), the words ``to the Secretary of Transportation'' are 
added for clarity and consistency in this chapter.
    In subsection (d)(1), the words ``Notwithstanding any other 
provision of this subsection'' and ``in each of fiscal years 1988, 1989, 
1990, 1991, and 1992'' are omitted as surplus.
    In subsection (d)(2), the reference to fiscal years 1988-1992 and 
the words ``by the Administrator for research and development'' are 
omitted as surplus.

                       References in Text

    The date of the enactment of the FAA Research, Engineering, and 
Development Authorization Act of 1998, referred to in subsec. (h)(2), is 
the date of enactment of Pub. L. 105-155, which was approved Feb. 11, 
1998.


                               Amendments

    1998--Subsec. (a)(4). Pub. L. 105-155, Sec. 2, added par. (4).
    Subsec. (a)(4)(J). Pub. L. 105-155, Sec. 3(b), inserted ``, of which 
$750,000 shall be for carrying out the grant program established under 
subsection (h)'' after ``projects and activities''.
    Subsec. (a)(5). Pub. L. 105-155, Sec. 2, added par. (5).
    Subsec. (h). Pub. L. 105-155, Sec. 3(a), added subsec. (h).
    1996--Subsec. (a)(3). Pub. L. 104-264, Sec. 1102, added par. (3).
    Subsec. (b). Pub. L. 104-264, Sec. 1103, substituted ``Research 
Priorities'' for ``Availability for Research'' in heading, added par. 
(1), and redesignated former pars. (1) and (2) as (2) and (3), 
respectively.
    Subsec. (c)(2)(A). Pub. L. 104-287, Sec. 5(74), substituted 
``Committees on Science'' for ``Committees on Science, Space, and 
Technology''.
    Subsec. (d)(2). Pub. L. 104-287, Sec. 5(74), substituted 
``Committees on Science'' for ``Committees on Science, Space, and 
Technology''.
    Pub. L. 104-287, Sec. 5(9), substituted ``Transportation and 
Infrastructure'' for ``Public Works and Transportation''.
    1994--Subsec. (a)(1), (2). Pub. L. 103-305 inserted pars. (1) and 
(2) and struck out former pars. (1) and (2) which read as follows:
    ``(1) for the fiscal year ending September 30, 1993--
        ``(A) $14,700,000 only for management and analysis projects and 
    activities.
        ``(B) $87,000,000 only for capacity and air traffic management 
    technology projects and activities.
        ``(C) $28,000,000 only for communications, navigation, and 
    surveillance projects and activities.
        ``(D) $7,700,000 only for weather projects and activities.
        ``(E) $6,800,000 only for airport technology projects and 
    activities.
        ``(F) $44,000,000 only for aircraft safety technology projects 
    and activities.
        ``(G) $41,100,000 only for system security technology projects 
    and activities.
        ``(H) $31,000,000 only for human factors and aviation medicine 
    projects and activities.
        ``(I) $4,500,000 for environment and energy projects and 
    activities.
        ``(J) $5,200,000 for innovative and cooperative research 
    projects and activities.
    ``(2) for the fiscal year ending September 30, 1994, $297,000,000.''


                    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.


                                 Notices

    Pub. L. 105-155, Sec. 4, Feb. 11, 1998, 112 Stat. 6, provided that:
    ``(a) Reprogramming.--If any funds authorized by the amendments made 
by this Act [amending this section] are subject to a reprogramming 
action that requires notice to be provided to the Appropriations 
Committees of the House of Representatives and the Senate, notice of 
such action shall concurrently be provided to the Committees on Science 
and Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate.
    ``(b) Notice of Reorganization.--The Administrator of the Federal 
Aviation Administration shall provide notice to the Committees on 
Science, Transportation and Infrastructure, and Appropriations of the 
House of Representatives, and the Committees on Commerce, Science, and 
Transportation and Appropriations of the Senate, not later than 30 days 
before any major reorganization (as determined by the Administrator) of 
any program of the Federal Aviation Administration for which funds are 
authorized by this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 44508, 47108, 48104, 48108, 
48109, 50101, 50102, 50103, 50105 of this title.
