49 USC 40101 - Sec. 40101. Policy
49 USC - US Code - Title 49: Transportation (January 2003)
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U.S. Code - Title 2: The Congress - 2 USC 901 - Sec. 901. Enforcing discretionary spending limits
U.S. Code - Title 2: The Congress - 2 USC 661 - Sec. 661. Purposes
US Code - Title 26: Internal Revenue Code - 26 USC 1 - Sec. 1. Tax imposed
US Code - Title 26: Internal Revenue Code - 26 USC 414 - Sec. 414. Definitions and special rules
US Code - Title 26: Internal Revenue Code - 26 USC 6302 - Sec. 6302. Mode or time of collection
(a) Economic Regulation. - In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition - (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of - (A) the commerce of the United States; (B) the United States Postal Service; and (C) the national defense. (8) encouraging air transportation at major urban areas through secondary or satellite airports if consistent with regional airport plans of regional and local authorities, and if endorsed by appropriate State authorities - (A) encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and (B) fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services. (9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation. (10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that would tend to allow at least one air carrier or foreign air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation. (11) maintaining a complete and convenient system of continuous scheduled interstate air transportation for small communities and isolated areas with direct financial assistance from the United States Government when appropriate. (12) encouraging, developing, and maintaining an air transportation system relying on actual and potential competition - (A) to provide efficiency, innovation, and low prices; and (B) to decide on the variety and quality of, and determine prices for, air transportation services. (13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small air carriers to ensure a more effective and competitive airline industry. (14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry. (15) strengthening the competitive position of air carriers to at least ensure equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation. (16) ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service. (b) All-Cargo Air Transportation Considerations. - In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others and in addition to the matters referred to in subsection (a) of this section, as being in the public interest for all-cargo air transportation: (1) encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to - (A) the present and future needs of shippers; (B) the commerce of the United States; and (C) the national defense. (2) encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided. (3) providing services without unreasonable discrimination, unfair or deceptive practices, or predatory pricing. (c) General Safety Considerations. - In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator of the Federal Aviation Administration shall consider the following matters: (1) the requirements of national defense and commercial and general aviation. (2) the public right of freedom of transit through the navigable airspace. (d) Safety Considerations in Public Interest. - In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator shall consider the following matters, among others, as being in the public interest: (1) assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce. (2) regulating air commerce in a way that best promotes safety and fulfills national defense requirements. (3) encouraging and developing civil aeronautics, including new aviation technology. (4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations. (5) consolidating research and development for air navigation facilities and the installation and operation of those facilities. (6) developing and operating a common system of air traffic control and navigation for military and civil aircraft. (7) providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety. (e) International Air Transportation. - In formulating United States international air transportation policy, the Secretaries of State and Transportation shall develop a negotiating policy emphasizing the greatest degree of competition compatible with a well-functioning international air transportation system, including the following: (1) strengthening the competitive position of air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation. (2) freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand. (3) the fewest possible restrictions on charter air transportation. (4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond quickly to a shift in market demand. (5) eliminating operational and marketing restrictions to the greatest extent possible. (6) integrating domestic and international air transportation. (7) increasing the number of nonstop United States gateway cities. (8) opportunities for carriers of foreign countries to increase their access to places in the United States if exchanged for benefits of similar magnitude for air carriers or the traveling public with permanent linkage between rights granted and rights given away. (9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including - (A) excessive landing and user fees; (B) unreasonable ground handling requirements; (C) unreasonable restrictions on operations; (D) prohibitions against change of gauge; and (E) similar restrictive practices. (10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry. (f) Strengthening Competition. - In selecting an air carrier to provide foreign air transportation from among competing applicants, the Secretary of Transportation shall consider, in addition to the matters specified in subsections (a) and (b) of this section, the strengthening of competition among air carriers operating in the United States to prevent unreasonable concentration in the air carrier industry.
Historical And Revision Notes
Revised Source (U.S. Code) Source (Statutes at Large) Section
40101(a) 49 App.:1302(a). Aug. 23, 1958, Pub. L. 85-726, Sec. 102(a), 72 Stat. 740; Nov. 9, 1977, Pub. L. 95-163, Sec. 16(b)(1), (2), 91 Stat. 1284; Oct. 24, 1978, Pub. L. 95-504, Sec. 3(a), 92 Stat. 1705; restated Feb. 15, 1980, Pub. L. 96-192, Sec. 2, 94 Stat. 35. 49 Aug. 23, 1958, Pub. L. App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec. 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98-443, Sec. 3(e), 98 Stat. 1704. 40101(b) 49 App.:1302(b). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 102(b); added Nov. 9, 1977, Pub. L. 95-163, Sec. 16(b)(3), 91 Stat. 1284. 49 App.:1551(b)(1)(E). 40101(c) 49 App.:1347. Aug. 23, 1958, Pub. L. 85-726, Sec. 306, 72 Stat. 749. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97-449, Sec. 7(b), 96 Stat. 2444. 40101(d) 49 App.:1303. Aug. 23, 1958, Pub. L. 85-726, Sec. 103, 72 Stat. 740; Nov. 18, 1988, Pub. L. 100-690, Sec. 7202(b), 102 Stat. 4424. 49 App.:1655(c)(1). 40101(e) 49 App.:1502(b). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 1102(b); added Feb. 15, 1980, Pub. L. 96-192, Sec. 17, 94 Stat. 42. 49 App.:1551(b)(1)(E). 40101(f) 49 App.:1302(c). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 102(c); added Oct. 31, 1992, Pub. L. 102-581, Sec. 205, 106 Stat. 4894.
In this part, the words "overseas air commerce" and "overseas air transportation" are omitted as obsolete because there no longer is a distinction in economic or safety regulation between "interstate" and "overseas" air commerce or air transportation.
In this section, the words "In carrying out . . . this part" are substituted for "In the exercise and performance of its powers and duties under this chapter" in 49 App.:1302(a), "In the exercise and performance of his powers and duties under this chapter" in 49 App.:1303, and "In exercising the authority granted in, and discharging the duties imposed by, this chapter" in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the Civil Aeronautics Board was given responsibility for economic issues.
In subsection (a)(2), the word "full" is omitted as surplus.
The words "the recommendations of the Secretary of Transportation on" are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words "and full evaluation of any report or recommendation submitted under section 1307 of this Appendix" are omitted as obsolete because the report and recommendations are no longer required.
In subsection (a)(4), the words "by air carriers and foreign air carriers" are omitted as surplus.
The words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words "nevertheless", "on the one hand", and "on the other" are omitted as surplus.
In subsection (a)(8), before subclause (A), the word "authorities" is substituted for "entities" for consistency in the revised title and with other titles of the Code. In subclause (A), the words "sole responsibility" are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title.
In subsection (b)(3), the words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word "Administrator" in section 306 of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 749) is retained on authority of 49:106(g). The words "consider the following matters" are substituted for "give full consideration to" for consistency in this section.
In subsection (d)(3), the word "both" in 49 App.:1303(c) is omitted as surplus the first time it appears.
The words "of the United States" are omitted for consistency in the revised title and because of the definition of "navigable airspace" in section 40102(a) of the revised title.
The words "of those operations" are added for clarity.
In subsection (d)(5), the word "both" in 49 App.:1303(e) is omitted as surplus.
In subsection (e), before clause (1), the words "the Congress intends that" are omitted as surplus.
In clauses (1) and (4), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title.
In clause (2), the word "prices" is substituted for "fares and rates" because of the definition of "price" in section 40102(a). In clause (8), the words "places in the United States" are substituted for "United States points" for consistency in this chapter.
The word "air" is added for clarity and consistency in this subtitle.
In clause (9)(C), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code. AMENDMENTS 2000 - Subsec. (a)(16). Pub. L. 106-181 added par. (16). 1996 - Subsec. (d)(1). Pub. L. 104-264, Sec. 401(a)(1)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (d)(2). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out "its development and" after "best promotes". Former par. (2) redesignated (3). Subsec. (d)(3). Pub. L. 104-264, Sec. 401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted "encouraging and developing civil aeronautics, including new aviation technology" for "promoting, encouraging, and developing civil aeronautics". Former par. (3) redesignated (4). Subsec. (d)(4) to (7). Pub. L. 104-264, Sec. 401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104-264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as a note under section 106 of this title.
SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-296, title XIV, Sec. 1401, Nov. 25, 2002, 116 Stat. 2300, provided that: "This title [enacting section 44921 of this title and section 513 of Title 6, Domestic Security, amending sections 44903 and 44918 of this title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as a note under section 44903 of this title] may be cited as the 'Arming Pilots Against Terrorism Act'." SHORT TITLE OF 2001 AMENDMENT Pub. L. 107-71, Sec. 1, Nov. 19, 2001, 115 Stat. 597, provided that: "This Act [see Tables for classification] may be cited as the 'Aviation and Transportation Security Act'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-528, Sec. 1, Nov. 22, 2000, 114 Stat. 2517, provided that: "This Act [amending sections 106, 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 106, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] may be cited as the 'Airport Security Improvement Act of 2000'." Pub. L. 106-181, Sec. 1(a), Apr. 5, 2000, 114 Stat. 61, provided that: "This Act [see Tables for classification] may be cited as the 'Wendell H. Ford Aviation Investment and Reform Act for the 21st Century'." SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-6, Sec. 1, Mar. 31, 1999, 113 Stat. 10, provided that: "This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101, and 48103 of this title] may be cited as the 'Interim Federal Aviation Administration Authorization Act'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-155, Sec. 1, Feb. 11, 1998, 112 Stat. 5, provided that: "This Act [amending section 48102 of this title and enacting provisions set out as a note under section 48102 of this title] may be cited as the 'FAA Research, Engineering, and Development Authorization Act of 1998'." SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-137, Sec. 1, Dec. 2, 1997, 111 Stat. 2640, provided that: "This Act [amending sections 40102, 44302, 44305, 44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title] may be cited as the 'Aviation Insurance Reauthorization Act of 1997'." SHORT TITLE OF 1996 AMENDMENT Section 1(a) of Pub. L. 104-264 provided that: "This Act [see Tables for classification] may be cited as the 'Federal Aviation Reauthorization Act of 1996'." Section 201 of title II of Pub. L. 104-264 provided that: "This title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the 'Air Traffic Management System Performance Improvement Act of 1996'." Section 278(a) of Pub. L. 104-264 provided that: "This section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of this title] may be cited as the 'Rural Air Service Survival Act'." Section 501 of title V of Pub. L. 104-264 provided that: "This title [amending sections 30305, 44936, and 46301 of this title and enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the 'Pilot Records Improvement Act of 1996'." Section 601 of title VI of Pub. L. 104-264 provided that: "This title [enacting section 44724 of this title] may be cited as the 'Child Pilot Safety Act'." Section 701 of title VII of Pub. L. 104-264 provided that: "This title [enacting sections 1136 and 41113 of this title and provisions set out as notes under section 41113 of this title] may be cited as the 'Aviation Disaster Family Assistance Act of 1996'." Section 801 of title VIII of Pub. L. 104-264 provided that: "This title [enacting section 47133 of this title, amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title] may be cited as the 'Airport Revenue Protection Act of 1996'." Section 1101 of title XI of Pub. L. 104-264 provided that: "This title [amending sections 44501, 44508, and 48102 of this title] may be cited as the 'FAA Research, Engineering, and Development Management Reform Act of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-305, Sec. 1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: "This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code, renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348 of former Title 49, Transportation] may be cited as the 'Federal Aviation Administration Authorization Act of 1994'." Pub. L. 103-305, title III, Sec. 301, Aug. 23, 1994, 108 Stat. 1589, provided that: "This title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the 'Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994'." MAIL AND FREIGHT WAIVERS Pub. L. 107-71, title I, Sec. 127, Nov. 19, 2001, 115 Stat. 632, provided that: "(a) In General. - During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board, may grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or other Federal agency or department) that would permit such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or within a State if the Secretary determines that - "(1) extraordinary air transportation needs or concerns exist; and "(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of the State. "(b) Limitations. - The Secretary may impose reasonable limitations on any such waiver." AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE Pub. L. 107-71, title I, Sec. 145, Nov. 19, 2001, 115 Stat. 645, provided that: "(a) In General. - Each air carrier that provides scheduled air transportation on a route shall provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspends, interrupts, or discontinues air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier. "(b) Passenger Obligation. - An air carrier is not required to provide air transportation under subsection (a) to a passenger unless that passenger makes alternative arrangements with the air carrier for such transportation within 60 days after the date on which that passenger's air transportation was suspended, interrupted, or discontinued (without regard to the originally scheduled travel date on the ticket). "(c) Sunset. - This section does not apply to air transportation the suspension, interruption, or discontinuance of which occurs more than 18 months after the date of enactment of this Act [Nov. 19, 2001]." RELATIONSHIP OF ELIGIBLE CRIME VICTIM COMPENSATION PROGRAMS TO SEPTEMBER 11TH VICTIM COMPENSATION FUND Pub. L. 107-56, title VI, Sec. 622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: "With respect to any compensation payable under title IV of Public Law 107-42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107-42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) shall not render that program ineligible for future grants under the Victims of Crime Act of 1984 [42 U.S.C. 10601 et seq.]." AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION Pub. L. 107-42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L. 107-71, title I, Sec. 124(a), (c), (d), title II, Sec. 201, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107-134, title I, Sec. 114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107-296, title VIII, Sec. 890, title XII, Sec. 1201(2), Nov. 25, 2002, 116 Stat. 2251, 2286, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Air Transportation Safety and System Stabilization Act'. "TITLE I - AIRLINE STABILIZATION "SEC. 101. AVIATION DISASTER RELIEF. "(a) In General. - Notwithstanding any other provision of law, the President shall take the following actions to compensate air carriers for losses incurred by the air carriers as a result of the terrorist attacks on the United States that occurred on September 11, 2001: "(1) Subject to such terms and conditions as the President deems necessary, issue Federal credit instruments to air carriers that do not, in the aggregate, exceed $10,000,000,000 and provide the subsidy amounts necessary for such instruments in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). "(2) Compensate air carriers in an aggregate amount equal to $5,000,000,000 for - "(A) direct losses incurred beginning on September 11, 2001, by air carriers as a result of any Federal ground stop order issued by the Secretary of Transportation or any subsequent order which continues or renews such a stoppage; and "(B) the incremental losses incurred beginning September 11, 2001, and ending December 31, 2001, by air carriers as a direct result of such attacks. "(b) Emergency Designation. - Congress designates the amount of new budget authority and outlays in all fiscal years resulting from this title as an emergency requirement pursuant to section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)). Such amount shall be available only to the extent that a request, that includes designation of such amount as an emergency requirement as defined in such Act [see Short Title note set out under section 900 of Title 2, The Congress], is transmitted by the President to Congress. "SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD. "(a) Definitions. - In this section, the following definitions apply: "(1) Board. - The term 'Board' means the Air Transportation Stabilization Board established under subsection (b). "(2) Financial obligation. - The term 'financial obligation' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with financing under this section and section 101(a)(1). "(3) Lender. - The term 'lender' means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation) known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Security Act of 1933 [probably should be Securities Act of 1933, 15 U.S.C. 77a et seq.][)], including - "(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 4974(c))[)] that is a qualified institutional buyer; and "(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. 414(d))[)] that is a qualified institutional buyer. "(4) Obligor. - The term 'obligor' means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. "(b) Air Transportation Stabilization Board. - "(1) Establishment. - There is established a board (to be known as the 'Air Transportation Stabilization Board') to review and decide on applications for Federal credit instruments under section 101(a)(1). "(2) Composition. - The Board shall consist of - "(A) the Secretary of Transportation or the designee of the Secretary; "(B) the Chairman of the Board of Governors of the Federal Reserve System, or the designee of the Chairman, who shall be the Chair of the Board; "(C) the Secretary of the Treasury or the designee of the Secretary; and "(D) the Comptroller General of the United States, or the designee of the Comptroller General, as a nonvoting member of the Board. "(c) Federal Credit Instruments. - "(1) In general. - The Board may enter into agreements with 1 or more obligors to issue Federal credit instruments under section 101(a)(1) if the Board determines, in its discretion, that - "(A) the obligor is an air carrier for which credit is not reasonably available at the time of the transaction; "(B) the intended obligation by the obligor is prudently incurred; and "(C) such agreement is a necessary part of maintaining a safe, efficient, and viable commercial aviation system in the United States. "(2) Terms and limitations. - "(A) Forms; terms and conditions. - A Federal credit instrument shall be issued under section 101(a)(1) in such form and on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Board determines appropriate. "(B) Procedures. - Not later than 14 days after the date of enactment of this Act [Sept. 22, 2001], the Director of the Office of Management and Budget shall issue regulations setting forth procedures for application and minimum requirements, which may be supplemented by the Board in its discretion, for the issuance of Federal credit instruments under section 101(a)(1). "(d) Financial Protection of Government. - "(1) In general. - To the extent feasible and practicable, the Board shall ensure that the Government is compensated for the risk assumed in making guarantees under this title. "(2) Government participation in gains. - To the extent to which any participating corporation accepts financial assistance, in the form of accepting the proceeds of any loans guaranteed by the Government under this title, the Board is authorized to enter into contracts under which the Government, contingent on the financial success of the participating corporation, would participate in the gains of the participating corporation or its security holders through the use of such instruments as warrants, stock options, common or preferred stock, or other appropriate equity instruments. "(3) Deposit in treasury. - All amounts collected by the Secretary of the Treasury under this subsection shall be deposited in the Treasury as miscellaneous receipts. "SEC. 103. SPECIAL RULES FOR COMPENSATION. "(a) Documentation. - Subject to subsection (b), the amount of compensation payable to an air carrier under section 101(a)(2) may not exceed the amount of losses described in section 101(a)(2) that the air carrier demonstrates to the satisfaction of the President, using sworn financial statements or other appropriate data, that the air carrier incurred.
The Secretary of Transportation and the Comptroller General of the United States may audit such statements and may request any information that the Secretary and the Comptroller General deems necessary to conduct such audit. "(b) Maximum Amount of Compensation Payable Per Air Carrier. - The maximum total amount of compensation payable to an air carrier under section 101(a)(2) may not exceed the lesser of - "(1) the amount of such air carrier's direct and incremental losses described in section 101(a)(2); or "(2) in the case of - "(A) flights involving passenger-only or combined passenger and cargo transportation, the product of - "(i) $4,500,000,000; and "(ii) the ratio of - "(I) the available seat miles of the air carrier for the month of August 2001 as reported to the Secretary; to "(II) the total available seat miles of all such air carriers for such month as reported to the Secretary; and "(B) flights involving cargo-only transportation, the product of - "(i) $500,000,000; and "(ii) the ratio of - "(I) the revenue ton miles or other auditable measure of the air carrier for cargo for the latest quarter for which data is available as reported to the Secretary; to "(II) the total revenue ton miles or other auditable measure of all such air carriers for cargo for such quarter as reported to the Secretary. "(c) Payments. - The President may provide compensation to air carriers under section 101(a)(2) in 1 or more payments up to the amount authorized by this title. "(d) Compensation for Certain Air Carriers. - "(1) Set-aside. - The President may set aside a portion of the amount of compensation payable to air carriers under section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances) for whom the application of a distribution formula containing available seat miles as a factor would inadequately reflect their share of direct and incremental losses.
The President shall reduce the $4,500,000,000 specified in subsection (b)(2)(A)(i) by the amount set aside under this subsection. "(2) Distribution of amounts. - The President shall distribute the amount set aside under this subsection proportionally among such air carriers based on an appropriate auditable measure, as determined by the President. "SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION. "(a) In General. - The President may only issue a Federal credit instrument under section 101(a)(1) to an air carrier after the air carrier enters into a legally binding agreement with the President that, during the 2-year period beginning September 11, 2001, and ending September 11, 2003, no officer or employee of the air carrier whose total compensation exceeded $300,000 in calendar year 2000 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to September 11, 2001) - "(1) will receive from the air carrier total compensation which exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the air carrier in calendar year 2000; and "(2) will receive from the air carrier severance pay or other benefits upon termination of employment with the air carrier which exceeds twice the maximum total compensation received by the officer or employee from the air carrier in calendar year 2000. "(b) Total Compensation Defined. - In this section, the term 'total compensation' includes salary, bonuses, awards of stock, and other financial benefits provided by an air carrier to an officer or employee of the air carrier. "SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE. "(a) Action of Secretary. - The Secretary of Transportation should take appropriate action to ensure that all communities that had scheduled air service before September 11, 2001, continue to receive adequate air transportation service and that essential air service to small communities continues without interruption. "(b) Essential Air Service. - There is authorized to be appropriated to the Secretary to carry out the essential air service program under subchapter II of chapter 417 of title 49, United States Code, $120,000,000 for fiscal year 2002. "(c) Secretarial Oversight. - "(1) In general. - Notwithstanding any other provision of law, the Secretary is authorized to require an air carrier receiving direct financial assistance under this Act to maintain scheduled air service to any point served by that carrier before September 11, 2001. "(2) Agreements. - In applying paragraph (1), the Secretary may require air carriers receiving direct financial assistance under this Act to enter into agreements which will ensure, to the maximum extent practicable, that all communities that had scheduled air service before September 11, 2001, continue to receive adequate air transportation service. "SEC. 106. REPORTS. "(a) Report. - Not later than February 1, 2002, the President shall transmit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on the Budget of the Senate a report on the financial status of the air carrier industry and the amounts of assistance provided under this title to each air carrier. "(b) Update. - Not later than the last day of the 7-month period following the date of enactment of this Act [Sept. 22, 2001], the President shall update and transmit the report to the Committees. "SEC. 107. DEFINITIONS. "In this title, the following definitions apply: "(1) Air carrier. - The term 'air carrier' has the meaning such term has under section 40102 of title 49, United States Code. "(2) Federal credit instrument. - The term 'Federal credit instrument' means any guarantee or other pledge by the Board issued under section 101(a)(1) to pledge the full faith and credit of the United States to pay all or part of any of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. "(3) Incremental loss. - The term 'incremental loss' does not include any loss that the President determines would have been incurred if the terrorist attacks on the United States that occurred on September 11, 2001, had not occurred. "TITLE II - AVIATION INSURANCE "SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS. "(a) In General. - [Amended section 44302 of this title.] "(b) Coverage. - "(1) In general. - [Amended section 44303 of this title.] "(2) [Transferred to section 44303(b) of this title.] "(c) Reinsurance. - [Amended section 44304 of this title.] "(d) Premiums. - [Amended section 44306 of this title.] "(e) Conforming Amendment. - [Amended section 44305(b) of this title.] "SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND SUBCONTRACTORS OF AIR CARRIERS. "Notwithstanding any other provision of this title, the Secretary may extend any provision of chapter 443 of title 49, United States Code, as amended by this title, and the provisions of this title, to vendors, agents, and subcontractors of air carriers.
For the 180-day period beginning on the date of enactment of this Act [Sept. 22, 2001], the Secretary may extend or amend any such provisions so as to ensure that the entities referred to in the preceding sentence are not responsible in cases of acts of terrorism for losses suffered by third parties that exceed the amount of such entities' liability coverage, as determined by the Secretary. "TITLE III - TAX PROVISIONS "SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS; TREATMENT OF LOSS COMPENSATION. "(a) Extension of Due Date for Excise Tax Deposits. - "(1) In general. - In the case of an eligible air carrier, any airline-related deposit required under section 6302 of the Internal Revenue Code of 1986 [26 U.S.C. 6302] to be made after September 10, 2001, and before November 15, 2001, shall be treated for purposes of such Code [26 U.S.C. 1 et seq.] as timely made if such deposit is made on or before November 15, 2001. If the Secretary of the Treasury so prescribes, the preceding sentence shall be applied by substituting for 'November 15, 2001' each place it appears - "(A) 'January 15, 2002'; or "(B) such earlier date after November 15, 2001, as such Secretary may prescribe. "(2) Eligible air carrier. - For purposes of this subsection, the term 'eligible air carrier' means any domestic corporation engaged in the trade or business of transporting (for hire) persons by air if such transportation is available to the general public. "(3) Airline-related deposit. - For purposes of this subsection, the term 'airline-related deposit' means any deposit of taxes imposed by subchapter C of chapter 33 of such Code [26 U.S.C. 4261 et seq.] (relating to transportation by air). "(b) Treatment of Loss Compensation. - Nothing in any provision of law shall be construed to exclude from gross income under the Internal Revenue Code of 1986 any compensation received under section 101(a)(2) of this Act. "TITLE IV - VICTIM COMPENSATION "SEC. 401. SHORT TITLE. "This title may be cited as the 'September 11th Victim Compensation Fund of 2001'. "SEC. 402. DEFINITIONS. "In this title, the following definitions apply: "(1) Air carrier. - The term 'air carrier' means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation and includes employees and agents (including persons engaged in the business of providing air transportation security and their affiliates) of such citizen.
For purposes of the preceding sentence, the term 'agent', as applied to persons engaged in the business of providing air transportation security, shall only include persons that have contracted directly with the Federal Aviation Administration on or after and commenced services no later than February 17, 2002, to provide such security, and had not been or are not debarred for any period within 6 months from that date. "(2) Air transportation. - The term 'air transportation' means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. "(3) Aircraft manufacturer. - The term 'aircraft manufacturer' means any entity that manufactured the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes of September 11, 2001, including employees and agents of that entity. "(4) Airport sponsor. - The term 'airport sponsor' means the owner or operator of an airport (as defined in section 40102 of title 49, United States Code). "(5) Claimant. - The term 'claimant' means an individual filing a claim for compensation under section 405(a)(1). "(6) Collateral source. - The term 'collateral source' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001. "(7) Economic loss. - The term 'economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. "(8) Eligible individual. - The term 'eligible individual' means an individual determined to be eligible for compensation under section 405(c). "(9) Noneconomic losses. - The term 'noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. "(10) Special master. - The term 'Special Master' means the Special Master appointed under section 404(a). "SEC. 403. PURPOSE. "It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001. "SEC. 404. ADMINISTRATION. "(a) In General. - The Attorney General, acting through a Special Master appointed by the Attorney General, shall - "(1) administer the compensation program established under this title; "(2) promulgate all procedural and substantive rules for the administration of this title; and "(3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this title. "(b) Authorization of Appropriations. - There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this title. "SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. "(a) Filing of Claim. - "(1) In general. - A claimant may file a claim for compensation under this title with the Special Master.
The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. "(2) Claim form. - "(A) In general. - The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. "(B) Contents. - The form developed under subparagraph (A) shall request - "(i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the terrorist-related aircraft crashes of September 11, 2001; "(ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such crashes; and "(iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes. "(3) Limitation. - No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 407. "(b) Review and Determination. - "(1) Review. - The Special Master shall review a claim submitted under subsection (a) and determine - "(A) whether the claimant is an eligible individual under subsection (c); "(B) with respect to a claimant determined to be an eligible individual - "(i) the extent of the harm to the claimant, including any economic and noneconomic losses; and "(ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. "(2) Negligence. - With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. "(3) Determination. - Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review.
Such a determination shall be final and not subject to judicial review. "(4) Rights of claimant. - A claimant in a review under paragraph (1) shall have - "(A) the right to be represented by an attorney; "(B) the right to present evidence, including the presentation of witnesses and documents; and "(C) any other due process rights determined appropriate by the Special Master. "(5) No punitive damages. - The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this title. "(6) Collateral compensation. - The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001. "(c) Eligibility. - "(1) In general. - A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant - "(A) is an individual described in paragraph (2); and "(B) meets the requirements of paragraph (3). "(2) Individuals. - A claimant is an individual described in this paragraph if the claimant is - "(A) an individual who - "(i) was present at the World Trade Center, (New York, New York), the Pentagon (Arlington, Virginia), or the site of the aircraft crash at Shanksville, Pennsylvania at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and "(ii) suffered physical harm or death as a result of such an air crash; "(B) an individual who was a member of the flight crew or a passenger on American Airlines flight 11 or 77 or United Airlines flight 93 or 175, except that an individual identified by the Attorney General to have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001, or a representative of such individual shall not be eligible to receive compensation under this title; or "(C) in the case of a decedent who is an individual described in subparagraph (A) or (B), the personal representative of the decedent who files a claim on behalf of the decedent. "(3) Requirements. - "(A) Single claim. - Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual. "(B) Limitation on civil action. - "(i) In general. - Upon the submission of a claim under this title, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001. The preceding sentence does not apply to a civil action to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. "(ii) Pending actions. - In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 407. "SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS. "(a) In General. - Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this title, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. "(b) Payment Authority. - This title constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this title. "(c) Additional Funding. - "(1) In general. - The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this title, under such terms and conditions as the Attorney General may impose. "(2) Use of separate account. - In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. "SEC. 407. REGULATIONS. "Not later than 90 days after the date of enactment of this Act [Sept. 22, 2001], the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this title, including regulations with respect to - "(1) forms to be used in submitting claims under this title; "(2) the information to be included in such forms; "(3) procedures for hearing and the presentation of evidence; "(4) procedures to assist an individual in filing and pursuing claims under this title; and "(5) other matters determined appropriate by the Attorney General. "SEC. 408. LIMITATION ON LIABILITY. "(a) In General. - "(1) Liability limited to insurance coverage. - Notwithstanding any other provision of law, liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount greater than the limits of liability insurance coverage maintained by that air carrier, aircraft manufacturer, airport sponsor, or person. "(2) Willful defaults on rebuilding obligation. - Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General determines, after notice and an opportunity for a hearing on the record, that the person has defaulted willfully on a contractual obligation to rebuild, or assist in the rebuilding of, the World Trade Center. "(3) Limitations on liability for New York City. - Liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity arising from the terrorist-related aircraft crashes of September 11, 2001, against the City of New York shall not exceed the greater of the city's insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this Act, submits a claim under section 405, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, including any such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source obligations. "(b) Federal Cause of Action. - "(1) Availability of action. - There shall exist a Federal cause of action for damages arising out of the hijacking and subsequent crashes of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001. Notwithstanding section 40120(c) of title 49, United States Code, this cause of action shall be the exclusive remedy for damages arising out of the hijacking and subsequent crashes of such flights. "(2) Substantive law. - The substantive law for decision in any such suit shall be derived from the law, including choice of law principles, of the State in which the crash occurred unless such law is inconsistent with or preempted by Federal law. "(3) Jurisdiction. - The United States District Court for the Southern District of New York shall have original and exclusive jurisdiction over all actions brought for any claim (including any claim for loss of property, personal injury, or death) resulting from or relating to the terrorist-related aircraft crashes of September 11, 2001. "(c) Exclusion. - Nothing in this section shall in any way limit any liability of any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. Subsections (a) and (b) do not apply to civil actions to recover collateral source obligations. "SEC. 409. RIGHT OF SUBROGATION. "The United States shall have the right of subrogation with respect to any claim paid by the United States under this title, subject to the limitations described in section 408. "TITLE V - AIR TRANSPORTATION SAFETY "SEC. 501. INCREASED AIR TRANSPORTATION SAFETY. "Congress affirms the President's decision to spend $3,000,000,000 on airline safety and security in conjunction with this Act in order to restore public confidence in the airline industry. "SEC. 502. CONGRESSIONAL COMMITMENT. "Congress is committed to act expeditiously, in consultation with the Secretary of Transportation, to strengthen airport security and take further measures to enhance the security of air travel. "TITLE VI - SEPARABILITY "SEC. 601. SEPARABILITY. "If any provision of this Act (including any amendment made by this Act [amending sections 44302 to 44306 of this title]) or the application thereof to any person or circumstance is held invalid, the remainder of this Act (including any amendment made by this Act) and the application thereof to other persons or circumstances shall not be affected thereby." [Pub. L. 107-134, title I, Sec. 114(b), Jan. 23, 2002, 115 Stat. 2436, provided that: "The amendment made by this section [amending Pub. L. 107-42, set out above] shall take effect as if included in section 301 of the Air Transportation Safety and System Stabilization Act (Public Law 107-42)."] [Memorandum of President of the United States, Sept. 25, 2001, 66 F.R. 49507, delegated to the Secretary of Transportation the authority vested in the President under section 101(a)(2) of Pub. L. 107-42, set out above, to compensate air carriers for direct and incremental losses they incurred from the terrorist attacks of Sept. 11, 2001, and any resulting ground stop order.] INDEPENDENT STUDY OF FAA COSTS AND ALLOCATIONS Pub. L. 106-181, title III, Sec. 309, Apr. 5, 2000, 114 Stat. 127, provided that: "(a) Independent Assessment. - "(1) In general. - The Inspector General of the Department of Transportation shall conduct the assessments described in this section.
To conduct the assessments, the Inspector General may use the staff and resources of the Inspector General or contract with one or more independent entities. "(2) Assessment of adequacy and accuracy of faa cost data and attributions. - "(A) In general. - The Inspector General shall conduct an assessment to ensure that the method for calculating the overall costs of the Federal Aviation Administration and attributing such costs to specific users is appropriate, reasonable, and understandable to the users. "(B) Components. - In conducting the assessment under this paragraph, the Inspector General shall assess the following: "(i) The Administration's cost input data, including the reliability of the Administration's source documents and the integrity and reliability of the Administration's data collection process. "(ii) The Administration's system for tracking assets. "(iii) The Administration's bases for establishing asset values and depreciation rates. "(iv) The Administration's system of internal controls for ensuring the consistency and reliability of reported data. "(v) The Administration's definition of the services to which the Administration ultimately attributes its costs. "(vi) The cost pools used by the Administration and the rationale for and reliability of the bases which the Administration proposes to use in allocating costs of services to users. "(C) Requirements for assessment of cost pools. - In carrying out subparagraph (B)(vi), the Inspector General shall - "(i) review costs that cannot reliably be attributed to specific Administration services or activities (called 'common and fixed costs' in the Administration Cost Allocation Study) and consider alternative methods for allocating such costs; and "(ii) perform appropriate tests to assess relationships between costs in the various cost pools and activities and services to which the costs are attributed by the Administration. "(3) Cost effectiveness. - "(A) In general. - The Inspector General shall assess the progress of the Administration in cost and performance management, including use of internal and external benchmarking in improving the performance and productivity of the Administration. "(B) Annual reports. - Not later than December 31, 2000, and annually thereafter until December 31, 2004, the Inspector General shall transmit to Congress an updated report containing the results of the assessment conducted under this paragraph. "(C) Information to be included in faa financial report. - The Administrator [of the Federal Aviation Administration] shall include in the annual financial report of the Administration information on the performance of the Administration sufficient to permit users and others to make an informed evaluation of the progress of the Administration in increasing productivity. "(b) Funding. - There are authorized to be appropriated such sums as may be necessary to carry out this section." PASSENGER CABIN AIR QUALITY Pub. L. 106-181, title VII, Sec. 725, Apr. 5, 2000, 114 Stat. 166, provided that: "(a) Study of Air Quality in Passenger Cabins in Commercial Aircraft. - "(1) In general. - Not later than 60 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration] shall arrange for and provide necessary data to the National Academy of Sciences to conduct a 12-month, independent study of air quality in passenger cabins of aircraft used in air transportation and foreign air transportation, including the collection of new data, in coordination with the Federal Aviation Administration, to identify contaminants in the aircraft air and develop recommendations for means of reducing such contaminants. "(2) Alternative air supply. - The study should examine whether contaminants would be reduced by the replacement of engine and auxiliary power unit bleed air with an alternative supply of air for the aircraft passengers and crew. "(3) Scope. - The study shall include an assessment and quantitative analysis of each of the following: "(A) Contaminants of concern, as determined by the National Academy of Sciences. "(B) The systems of air supply on aircraft, including the identification of means by which contaminants may enter such systems. "(C) The toxicological and health effects of the contaminants of concern, their byproducts, and the products of their degradation. "(D) Any contaminant used in the maintenance, operation, or treatment of aircraft, if a passenger or a member of the air crew may be directly exposed to the contaminant. "(E) Actual measurements of the contaminants of concern in the air of passenger cabins during actual flights in air transportation or foreign air transportation, along with comparisons of such measurements to actual measurements taken in public buildings. "(4) Provision of Current Data. - The Administrator shall collect all data of the Federal Aviation Administration that is relevant to the study and make the data available to the National Academy of Sciences in order to complete the study. "(b) Collection of Aircraft Air Quality Data. - "(1) In general. - The Administrator may consider the feasibility of using the flight data recording system on aircraft to monitor and record appropriate data related to air inflow quality, including measurements of the exposure of persons aboard the aircraft to contaminants during normal aircraft operation and during incidents involving air quality problems. "(2) Passenger cabins. - The Administrator may also consider the feasibility of using the flight data recording system to monitor and record data related to the air quality in passengers cabins of aircraft." OPERATIONS OF AIR TAXI INDUSTRY Pub. L. 106-181, title VII, Sec. 735, Apr. 5, 2000, 114 Stat. 171, provided that: "(a) Study. - The Administrator [of the Federal Aviation Administration], in consultation with the National Transportation Safety Board and other interested persons, shall conduct a study of air taxi operators regulated under part 135 of title 14, Code of Federal Regulations. "(b) Contents. - The study shall include an analysis of the size and type of the aircraft fleet, relevant aircraft equipment, hours flown, utilization rates, safety record by various categories of use and aircraft type, sales revenues, and airports served by the air taxi fleet. "(c) Report. - Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study." FINDINGS Section 271 of Pub. L. 104-264 provided that: "Congress finds the following: "(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety. "(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts. "(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than 193 maintenance schools. "(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot. "(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the qualifications of pilots and nonpilots. "(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports.
Other airports in the United States are also reviewed by the Administration. "(7) The Administration each year performs more than 355,000 inspections. "(8) The Administration issues more than 655,000 pilot's licenses and more than 560,000 nonpilot's licenses (including mechanics). "(9) The Administration's certification means that the product meets world-wide recognized standards of safety and reliability. "(10) The Administration's certification means aviation-related equipment and services meet world-wide recognized standards. "(11) The Administration's certification is recognized by governments and businesses throughout the world and as such may be a valuable element for any company desiring to sell aviation-related products throughout the world. "(12) The Administration's certification may constitute a valuable license, franchise, privilege or benefits for the holders. "(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system.
The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer. "(14) The Administration provides extensive services to public use aircraft." PURPOSES Section 272 of title II of Pub. L. 104-264 provided that: "The purposes of this subtitle [subtitle C (Secs. 271-278) of title II of Pub. L. 104-264, enacting sections 45301, 45303, 48111, and 48201 of this title, amending section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and section 41742 of this title] are - "(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future growth in the national aviation and airport system; "(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration; "(3) to ensure that any funding will be dedicated solely for the use of the Administration; "(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national aviation system and the services provided by the Administration; "(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives; "(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the Administration and the aviation system; and "(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry." INDEPENDENT ASSESSMENT OF FAA FINANCIAL REQUIREMENTS; ESTABLISHMENT OF NATIONAL CIVIL AVIATION REVIEW COMMISSION Section 274 of Pub. L. 104-264, as amended by Pub. L. 106-181, title III, Sec. 307(c)(3), Apr. 5, 2000, 114 Stat. 126, provided that: "(a) Independent Assessment. - "(1) Initiation. - Not later than 30 days after the date of the enactment of this Act [Oct. 9, 1996], the Administrator [of the Federal Aviation Administration] shall contract with an entity independent of the Administration [Federal Aviation Administration] and the Department of Transportation to conduct a complete independent assessment of the financial requirements of the Administration through the year 2002. "(2) Assessment criteria. - The Administrator shall provide to the independent entity estimates of the financial requirements of the Administration for the period described in paragraph (1), using as a base the fiscal year 1997 appropriation levels established by Congress.
The independent assessment shall be based on an objective analysis of agency funding needs. "(3) Certain factors to be taken into account. - The independent assessment shall take into account all relevant factors, including - "(A) anticipated air traffic forecasts; "(B) other workload measures; "(C) estimated productivity gains, if any, which contribute to budgetary requirements; "(D) the need for programs; and "(E) the need to provide for continued improvements in all facets of aviation safety, along with operational improvements in air traffic control. "(4) Cost allocation. - The independent assessment shall also assess the costs to the Administration occasioned by the provision of services to each segment of the aviation system. "(5) Deadline. - The independent assessment shall be completed no later than 90 days after the contract is awarded, and shall be submitted to the Commission established under subsection (b), the Secretary [of Transportation], the Secretary of the Treasury, the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives. "(b) National Civil Aviation Review Commission. - "(1) Establishment. - There is established a commission to be known as the National Civil Aviation Review Commission (hereinafter in this section referred to as the 'Commission'). "(2) Membership. - The Commission shall consist of 21 members to be appointed as follows: "(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the Treasury, from among individuals who have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues important to general aviation, major air carriers, air cargo carriers, regional air carriers, business aviation, airports, aircraft manufacturers, the financial community, aviation industry workers, and airline passengers.
At least one member appointed under this subparagraph shall have detailed knowledge of the congressional budgetary process. "(B) Two members appointed by the Speaker of the House of Representatives. "(C) Two members appointed by the minority leader of the House of Representatives. "(D) Two members appointed by the majority leader of the Senate. "(E) Two members appointed by the minority leader of the Senate. "(3) Task forces. - The Commission shall establish an aviation funding task force and an aviation safety task force to carry out the responsibilities of the Commission under this subsection. "(4) First meeting. - The Commission may conduct its first meeting as soon as a majority of the members of the Commission are appointed. "(5) Hearings and consultation. - "(A) Hearings. - The Commission shall take such testimony and solicit and receive such comments from the public and other interested parties as it considers appropriate, shall conduct 2 public hearings after affording adequate notice to the public thereof, and may conduct such additional hearings as may be necessary. "(B) Consultation. - The Commission shall consult on a regular and frequent basis with the Secretary, the Secretary of the Treasury, the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives. "(C) FACA not to apply. - The Commission shall not be considered an advisory committee for purposes of the Federal Advisory Committee Act (5 U.S.C. App.). "(6) Duties of aviation funding task force. - "(A) Report to secretary. - "(i) In general. - The aviation funding task force established pursuant to paragraph (3) shall submit a report setting forth a comprehensive analysis of the Administration's budgetary requirements through fiscal year 2002, based upon the independent assessment under subsection (a), that analyzes alternative financing and funding means for meeting the needs of the aviation system through the year 2002. The task force shall submit a preliminary report of that analysis to the Secretary not later than 6 months after the independent assessment is completed under subsection (a). The Secretary shall provide comments on the preliminary report to the task force within 30 days after receiving the report.
The task force shall issue a final report of such comprehensive analysis within 30 days after receiving the Secretary's comments on its preliminary report. "(ii) Contents. - The report submitted by the aviation funding task force under clause (i) - "(I) shall consider the independent assessment under subsection (a); "(II) shall consider estimated cost savings, if any, resulting from the procurement and personnel reforms included in this Act [see Tables for classification] or in sections 40110(d) and 40122(g) of title 49, United States Code, and additional financial initiatives; "(III) shall include specific recommendations to Congress on how the Administration can reduce costs, raise additional revenue for the support of agency operations, and accelerate modernization efforts; and "(IV) shall include a draft bill containing the changes in law necessary to implement its recommendations. "(B) Recommendations. - The aviation funding task force shall make such recommendations under subparagraph (A)(ii)(III) as the task force deems appropriate.
Those recommendations may include - "(i) proposals for off-budget treatment of the Airport and Airway Trust Fund; "(ii) alternative financing and funding proposals, including linked financing proposals; "(iii) modifications to existing levels of Airport and Airways Trust Fund receipts and taxes for each type of tax; "(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under subparagraph (F) and methods to ensure that costs are borne by users on a fair and equitable basis; "(v) methods to ensure that funds collected from the aviation community are able to meet the needs of the agency; "(vi) methods to ensure that funds collected from the aviation community and passengers are used to support the aviation system; "(vii) means of meeting the airport infrastructure needs for large, medium, and small airports; and "(viii) any other matter the task force deems appropriate to address the funding and needs of the Administration and the aviation system. "(C) Additional recommendations. - The aviation funding task force report may also make recommendations concerning - "(i) means of improving productivity by expanding and accelerating the use of automation and other technology; "(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs; "(iii) methods to accelerate air traffic control modernization and improvements in aviation safety and safety services; "(iv) the elimination of unneeded programs; and "(v) a limited innovative program based on funding mechanisms such as loan guarantees, financial partnerships with for-profit private sector entities, government-sponsored enterprises, and revolving loan funds, as a means of funding specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. "(D) Impact assessment for recommendations. - For each recommendation contained in the aviation funding task force's report, the report shall include a full analysis and assessment of the impact implementation of the recommendation would have on - "(i) safety; "(ii) administrative costs; "(iii) the congressional budget process; "(iv) the economics of the industry (including the proportionate share of all users); "(v) the ability of the Administration to utilize the sums collected; and "(vi) the funding needs of the Administration. "(E) Trust fund tax recommendations. - If the task force's report includes a recommendation that the existing Airport and Airways Trust Fund tax structure be modified, the report shall - "(i) state the specific rates for each group affected by the proposed modifications; "(ii) consider the impact such modifications shall have on specific users and the public (including passengers); and "(iii) state the basis for the recommendations. "(F) Fee system recommendations. - If the task force's report includes a recommendation that a fee system be established, including an air traffic control performance-based user fee system, the report shall consider - "(i) the impact such a recommendation would have on passengers, air fares (including low-fare, high frequency service), service, and competition; "(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system through contributions to the Airport and Airways Trust Fund; "(iii) continuing the promotion of fair and competitive practices; "(iv) the unique circumstances associated with interisland air carrier service in Hawaii and rural air service in Alaska; "(v) the impact such a recommendation would have on service to small communities; "(vi) the impact such a recommendation would have on services provided by regional air carriers; "(vii) alternative methodologies for calculating fees so as to achieve a fair and reasonable distribution of costs of service among users; "(viii) the usefulness of phased-in approaches to implementing such a financing system; "(ix) means of assuring the provision of general fund contributions, as appropriate, toward the support of the Administration; and "(x) the provision of incentives to encourage greater efficiency in the provision of air traffic services by the Administration and greater efficiency in the use of air traffic services by aircraft operators. "(7) Duties of aviation safety task force. - "(A) Report to administrator. - Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the aviation safety task force established pursuant to paragraph (3) shall submit to the Administrator a report setting forth a comprehensive analysis of aviation safety in the United States and emerging trends in the safety of particular sectors of the aviation industry. "(B) Contents. - The report to be submitted under subparagraph (A) shall include an assessment of - "(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors; "(ii) the Administration's processes for ensuring the public safety from fraudulent parts in civil aviation and the extent to which use of suspected unapproved parts requires additional oversight or enforcement action; and "(iii) the ability of the Administration to anticipate changes in the aviation industry and to develop policies and actions to ensure the highest level of aviation safety in the 21st century. "(8) Access to documents and staff. - The Administration may give the Commission appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'), cost data associated with the acquisition and operation of air traffic service systems.
Any member of the Commission who receives commercial or other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, United States Code, pertaining to unauthorized disclosure of such information. "(9) Travel and per diem. - Each member of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code. "(10) Detail of personnel from the administration. - The Administrator shall make available to the Commission such staff, information, and administrative services and assistance as may reasonably be required to enable the Commission to carry out its responsibilities under this subsection. "(11) Authorization of appropriations. - There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection. "(c) Reports to Congress. - "(1) Report by the secretary based on final report of aviation funding task force. - "(A) Consideration of task force's preliminary report. - Not later than 30 days after receiving the preliminary report of the aviation funding task force, the Secretary, in consultation with the Secretary of the Treasury, shall furnish comments on the report to the task force. "(B) Report to congress. - Not later than 30 days after receiving the final report of the aviation funding task force, and in no event more than 1 year after the date of the enactment of this Act, the Secretary, after consulting the Secretary of the Treasury, shall transmit a report to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives.
Such report shall be based upon the final report of the task force and shall contain the Secretary's recommendations for funding the needs of the aviation system through the year 2002. "(C) Contents. - The Secretary shall include in the report to Congress under subparagraph (B) - "(i) a copy of the final report of the task force; and "(ii) a draft bill containing the changes in law necessary to implement the Secretary's recommendations. "(D) Publication. - The Secretary shall cause a copy of the report to be printed in the Federal Register upon its transmittal to Congress under subparagraph (B). "(2) Report by the administrator based on final report of aviation safety task force. - Not later than 30 days after receiving the report of the aviation safety task force, the Administrator shall transmit the report to Congress, together with the Administrator's recommendations for improving aviation safety in the United States. "(d) GAO Audit of Cost Allocation. - The Comptroller General shall conduct an assessment of the manner in which costs for air traffic control services are allocated between the Administration and the Department of Defense.
The Comptroller General shall report the results of the assessment, together with any recommendations the Comptroller General may have for reallocation of costs and for opportunities to increase the efficiency of air traffic control services provided by the Administration and by the Department of Defense, to the Commission, the Administrator, the Secretary of Defense, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after the date of the enactment of this Act. "(e) GAO Assessment. - Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall transmit to the Commission and Congress an independent assessment of airport development needs." JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM Pub. L. 103-305, title III, Sec. 303, Aug. 23, 1994, 108 Stat. 1590, provided that: "(a) Establishment. - The Administrator [of the Federal Aviation Administration], in consultation with the heads of other appropriate Federal agencies, shall jointly establish a program to conduct research on aviation technologies that enhance United States competitiveness.
The program shall include - "(1) next-generation satellite communications, including global positioning satellites; "(2) advanced airport and airplane security; "(3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution; "(4) advanced aviation safety programs; and "(5) technologies and procedures to enhance and improve airport and airway capacity. "(b) Procedures for Contracts and Grants. - The Administrator and the heads of the other appropriate Federal agencies shall administer contracts and grants entered into under the program established under subsection (a) in accordance with procedures developed jointly by the Administrator and the heads of the other appropriate Federal agencies.
The procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Federal Aviation Administration, the other Federal agencies involved, and industry. "(c) Program Elements. - The program established under subsection (a) shall include - "(1) selected programs that jointly enhance public and private aviation technology development; "(2) an opportunity for private contractors to be involved in such technology research and development; and "(3) the transfer of Government-developed technologies to the private sector to promote economic strength and competitiveness. "(d) Authorization of Appropriations. - Of amounts authorized to be appropriated for fiscal years 1995 and 1996 under section 48102(a) of title 49, United States Code, as amended by section 302 of this title, there are authorized to be appropriated for fiscal years 1995 and 1996, respectively, such sums as may be necessary to carry out this section." 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.
Definitions Of Terms In Pub. L. 107-71
For definitions of terms used in sections 127 and 145 of Pub. L. 107-71, set out above, see section 133 of Pub. L. 107-71, set out as a note under section 40102 of this title.
Section Referred To In Other Sections
This section is referred to in sections 106, 40105, 40118, 41109, 47101 of this title; title 39 section 5402.
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