U.S.C. Title 49 - TRANSPORTATION

From: Subject: U.S.C. Title 49 - TRANSPORTATION Date: Mon, 7 Jan 2013 10:46:24 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01CDECC4.3D142D10" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01CDECC4.3D142D10 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/USCODE-2011-title49/html/USCODE-2011-title49-subtitleI-chap1-sec106.htm =EF=BB=BF U.S.C. Title 49 - TRANSPORTATION 49 U.S.C.=20
United States Code, 2011=20 Edition
Title 49 -=20 TRANSPORTATION
SUBTITLE I - = DEPARTMENT=20 OF TRANSPORTATION
CHAPTER 1 -=20 ORGANIZATION
Sec. 106 - = Federal Aviation=20 Administration
From the U.S. = Government=20 Printing Office, http://www.gpo.gov/

=C2=A7106. Federal Aviation = Administration

(a) The Federal Aviation Administration is an=20 administration in the Department of Transportation.

(b) The head of the Administration is the = Administrator.=20 The Administration has a Deputy Administrator. They are appointed by the = President, by and with the advice and consent of the Senate. When making = an=20 appointment, the President shall consider the fitness of the individual = to carry=20 out efficiently the duties and powers of the office. Except as provided = in=20 subsection (f) or in other provisions of law, the Administrator reports = directly=20 to the Secretary of Transportation. The term of office for any = individual=20 appointed as Administrator after August 23, 1994, shall be 5 years.

(1) be a citizen of the United States;

(2) be a civilian; and

(3) have experience in a field directly = related to=20 aviation.

(d)(1) The Deputy Administrator must be a = citizen of the=20 United States and have experience in a field directly related to = aviation. An=20 officer on active duty in an armed force may be appointed as Deputy=20 Administrator. However, if the Administrator is a former regular officer = of an=20 armed force, the Deputy Administrator may not be an officer on active = duty in an=20 armed force, a retired regular officer of an armed force, or a former = regular=20 officer of an armed force.

(2) The annual rate of basic pay of the Deputy = Administrator shall be set by the Secretary but shall not exceed the = annual rate=20 of basic pay payable to the Administrator of the Federal Aviation=20 Administration.

(3) An officer on active duty or a retired = officer=20 serving as Deputy Administrator is entitled to hold a rank and grade not = lower=20 than that held when appointed as Deputy Administrator. The Deputy = Administrator=20 may elect to receive (A) the pay provided by law for the Deputy = Administrator,=20 or (B) the pay and allowances or the retired pay of the military grade = held. If=20 the Deputy Administrator elects to receive the military pay and = allowances or=20 retired pay, the Administration shall reimburse the appropriate military = department from funds available for the expenses of the = Administration.

(4) The appointment and service of a member of = the armed=20 forces as a Deputy Administrator does not affect the status, office, = rank, or=20 grade held by that member, or a right or benefit arising from the = status,=20 office, rank, or grade. The Secretary of a military department does not = control=20 the member when the member is carrying out duties and powers of the = Deputy=20 Administrator.

(e) The Administrator and the Deputy = Administrator may=20 not have a pecuniary interest in, or own stock in or bonds of, an = aeronautical=20 enterprise, or engage in another business, vocation, or employment.

(f) Authority of the Secretary = and the=20 Administrator.=E2=80=94

(1) Authority of the=20 secretary.=E2=80=94Except as provided in paragraph (2), = the Secretary of=20 Transportation shall carry out the duties and powers, and controls the = personnel=20 and activities, of the Administration. Neither the Secretary nor the=20 Administrator may submit decisions for the approval of, or be bound by = the=20 decisions or recommendations of, a committee, board, or organization = established=20 by executive order.

(2) Authority of the=20 administrator.=E2=80=94The Administrator=E2=80=94

(A) is the final authority for carrying = out all=20 functions, powers, and duties of the Administration relating = to=E2=80=94

(i) the appointment and employment of all = officers=20 and employees of the Administration (other than Presidential and = political=20 appointees);

(ii) the acquisition and maintenance of = property,=20 services, and equipment of the Administration;

(iii) except as otherwise provided in = paragraph (3),=20 the promulgation of regulations, rules, orders, circulars, bulletins, = and other=20 official publications of the Administration; and

(iv) any obligation imposed on the = Administrator, or=20 power conferred on the Administrator, by the Air Traffic Management = System=20 Performance Improvement Act of 1996 (or any amendment made by that = Act);

(B) shall offer advice and counsel to the = President=20 with respect to the appointment and qualifications of any officer or = employee of=20 the Administration to be appointed by the President or as a political=20 appointee;

(C) may delegate, and authorize successive = redelegations of, to an officer or employee of the Administration any = function,=20 power, or duty conferred upon the Administrator, unless such delegation = is=20 prohibited by law; and

(D) except as otherwise provided for in = this title,=20 and notwithstanding any other provision of law, shall not be required to = coordinate, submit for approval or concurrence, or seek the advice or = views of=20 the Secretary or any other officer or employee of the Department of=20 Transportation on any matter with respect to which the Administrator is = the=20 final authority.

(3) = Regulations.=E2=80=94

(A) In = general.=E2=80=94In the=20 performance of the functions of the Administrator and the = Administration, the=20 Administrator is authorized to issue, rescind, and revise such = regulations as=20 are necessary to carry out those functions. The issuance of such = regulations=20 shall be governed by the provisions of chapter 5 of title 5. The = Administrator=20 shall act upon all petitions for rulemaking no later than 6 months after = the=20 date such petitions are filed by dismissing such petitions, by informing = the=20 petitioner of an intention to dismiss, or by issuing a notice of = proposed=20 rulemaking or advanced notice of proposed rulemaking. The Administrator = shall=20 issue a final regulation, or take other final action, not later than 16 = months=20 after the last day of the public comment period for the regulations or, = in the=20 case of an advanced notice of proposed rulemaking, if issued, not later = than 24=20 months after the date of publication in the Federal Register of notice = of the=20 proposed rulemaking. On February 1 and August 1 of each year the = Administrator=20 shall submit to the Committee on Transportation and Infrastructure of = the House=20 of Representatives and the Committee on Commerce, Science, and = Transportation of=20 the Senate a letter listing each deadline the Administrator missed under = this=20 subparagraph during the 6-month period ending on such date, including an = explanation for missing the deadline and a projected date on which the = action=20 that was subject to the deadline will be taken.

(B) Approval of secretary of = transportation.=E2=80=94(i) The Administrator may not = issue a proposed=20 regulation or final regulation that is likely to result in the = expenditure by=20 State, local, and tribal governments in the aggregate, or by the private = sector,=20 of $250,000,000 or more (adjusted annually for inflation beginning with = the year=20 following the date of the enactment of the Wendell H. Ford Aviation = Investment=20 and Reform Act for the 21st Century) in any year, or any regulation = which is=20 significant, unless the Secretary of Transportation approves the = issuance of the=20 regulation in advance. For purposes of this paragraph, a regulation is=20 significant if the Administrator, in consultation with the Secretary (as = appropriate), determines that the regulation is likely to=E2=80=94

(I) have an annual effect on the economy = of=20 $250,000,000 or more or adversely affect in a substantial and material = way the=20 economy, a sector of the economy, productivity, competition, jobs, the=20 environment, public health or safety, or State, local, or tribal = governments or=20 communities; or

(II) raise novel or significant legal or = policy=20 issues arising out of legal mandates that may substantially and = materially=20 affect other transportation modes.

(ii) In an emergency, the Administrator = may issue a=20 regulation described in clause (i) without prior approval by the = Secretary, but=20 any such emergency regulation is subject to ratification by the = Secretary after=20 it is issued and shall be rescinded by the Administrator within 5 days=20 (excluding Saturdays, Sundays, and legal public holidays) after issuance = if the=20 Secretary fails to ratify its issuance.

(iii) Any regulation that does not meet = the criteria=20 of clause (i), and any regulation or other action that is a routine or = frequent=20 action or a procedural action, may be issued by the Administrator = without review=20 or approval by the Secretary.

(iv) The Administrator shall submit a copy = of any=20 regulation requiring approval by the Secretary under clause (i) to the=20 Secretary, who shall either approve it or return it to the Administrator = with=20 comments within 45 days after receiving it.

(C) Periodic=20 review.=E2=80=94(i) Beginning on the date which is 3 = years after the date=20 of the enactment of the Air Traffic Management System Performance = Improvement=20 Act of 1996, the Administrator shall review any unusually burdensome = regulation=20 issued by the Administrator after such date of enactment beginning not = later=20 than 3 years after the effective date of the regulation to determine if = the cost=20 assumptions were accurate, the benefit of the regulations, and the need = to=20 continue such regulations in force in their present form.

(ii) The Administrator may identify for = review under=20 the criteria set forth in clause (i) unusually burdensome regulations = that were=20 issued before the date of the enactment of the Air Traffic Management = System=20 Performance Improvement Act of 1996 and that have been in force for more = than 3=20 years.

(iii) For purposes of this subparagraph, = the term=20 =E2=80=9Cunusually burdensome regulation=E2=80=9D means any regulation = that results in the=20 annual expenditure by State, local, and tribal governments in the = aggregate, or=20 by the private sector, of $25,000,000 or more (adjusted annually for = inflation=20 beginning with the year following the date of the enactment of the Air = Traffic=20 Management System Performance Act of 1996) in any year.

(iv) The periodic review of regulations = may be=20 performed by advisory committees and the Management Advisory Council = established=20 under subsection (p).

(4) Definition of political=20 appointee.=E2=80=94For purposes of this subsection, the = term =E2=80=9Cpolitical=20 appointee=E2=80=9D means any individual who=E2=80=94

(A) is employed in a position listed in = sections=20 5312 through 5316 of title 5 (relating to the Executive Schedule);

(B) is a limited term appointee, limited = emergency=20 appointee, or noncareer appointee in the Senior Executive Service, as = defined=20 under paragraphs (5), (6), and (7), respectively, of section 3132(a) of = title 5;=20 or

(C) is employed in a position in the = executive=20 branch of the Government of a confidential or policy-determining = character under=20 schedule C of subpart C of part 213 of title 5 of the Code of Federal=20 Regulations.

(g) Duties and Powers of=20 Administrator.=E2=80=94(1) Except as provided in = paragraph (2) of this=20 subsection, the Administrator shall carry out=E2=80=94

(A) duties and powers of the Secretary of=20 Transportation under subsection (f) of this section = related=20 to aviation safety (except those related to transportation, packaging, = marking,=20 or description of hazardous material) and stated in sections 308(b), = 1132(c) and=20 (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c),=20 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections = 44501(b),=20 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, = 44514, and=20 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, = 44720,=20 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), = 44904,=20 44905, 44907=E2=80=9344911, 44913, 44915, and 44931=E2=80=9344934), = chapter 451, chapter 453,=20 sections 46104, 46301(d) and (h)(2), 46303(c), 46304=E2=80=9346308, = 46310, 46311, and=20 46313=E2=80=9346316, chapter 465, and sections 47504(b) (related to = flight procedures),=20 47508(a), and 48107 of this title; and

(B) additional duties and powers = prescribed by the=20 Secretary of Transportation.

(2) In carrying out sections 40119, 44901, = 44903(a)=E2=80=93(c)=20 and (e), 44906, 44912, 44935=E2=80=9344937, 44938(a) and (b), and 48107 = of this title,=20 paragraph (1)(A) of this subsection does not apply to duties and powers = vested=20 in the Director of Intelligence and Security by section = 44931 ¹ of this title.

(h) Section 40101(d) of this title applies to = duties and=20 powers specified in subsection (g)(1) of this section. Any of those = duties and=20 powers may be transferred to another part of the Department only when=20 specifically provided by law or a reorganization plan submitted under = chapter 9=20 of title 5. A decision of the Administrator in carrying out those duties = or=20 powers is administratively final.

(i) The Deputy Administrator shall carry out = duties and=20 powers prescribed by the Administrator. The Deputy Administrator acts = for the=20 Administrator when the Administrator is absent or unable to serve, or = when the=20 office of the Administrator is vacant.

(j) There is established within the Federal = Aviation=20 Administration an institute to conduct civil aeromedical research under = section=20 44507 of this title. Such institute shall be known as the =E2=80=9CCivil = Aeromedical=20 Institute=E2=80=9D. Research conducted by the institute should take = appropriate=20 advantage of capabilities of other government agencies, universities, or = the=20 private sector.

(k) Authorization of = Appropriations for=20 Operations.=E2=80=94

(1) Salaries, operations, = and=20 maintenance.=E2=80=94There is authorized to be = appropriated to the=20 Secretary of Transportation for salaries, operations, and maintenance of = the=20 Administration=E2=80=94

(A) $7,591,000,000 for fiscal year = 2004;

(B) $7,732,000,000 for fiscal year = 2005;

(D) $8,064,000,000 for fiscal year = 2007;

(E) $9,042,467,000 for fiscal year = 2009;

(F) $9,350,028,000 for fiscal year = 2010;

(G) $9,514,000,000 for fiscal year 2011; = and

(H) $3,197,315,080 for the period = beginning on=20 October 1, 2011, and ending on January 31, 2012.

Such sums shall remain available = until=20 expended.

(2) Authorized=20 expenditures.=E2=80=94Out of amounts appropriated under = paragraph (1),=20 the following expenditures are authorized:

(A) Such sums as may be necessary for = fiscal years=20 2004 through 2007 to support infrastructure systems development for both = general=20 aviation and the vertical flight industry.

(B) Such sums as may be necessary for = fiscal years=20 2004 through 2007 to establish helicopter approach procedures using = current=20 technologies (such as the Global Positioning System) to support = all-weather,=20 emergency medical service for trauma patients.

(C) Such sums as may be necessary for = fiscal years=20 2004 through 2007 to revise existing terminal and en route procedures = and=20 instrument flight rules to facilitate the takeoff, flight, and landing = of=20 tiltrotor aircraft and to improve the national airspace system by = separating=20 such aircraft from congested flight paths of fixed-wing aircraft.

(D) Such sums as may be necessary for = fiscal years=20 2004 through 2007 for the Center for Management Development of the = Federal=20 Aviation Administration to operate training courses and to support = associated=20 student travel for both residential and field courses.

(E) Such sums as may be necessary for = fiscal years=20 2004 through 2007 to carry out and expand the Air Traffic Control = Collegiate=20 Training Initiative.

(F) Such sums as may be necessary for = fiscal years=20 2004 through 2007 for the completion of the Alaska aviation safety = project with=20 respect to the 3 dimensional mapping of Alaska's main aviation = corridors.

(G) Such sums as may be necessary for = fiscal years=20 2004 through 2007 to carry out the Aviation Safety Reporting = System.

(l) Personnel and=20 Services.=E2=80=94

(1) Officers and=20 employees.=E2=80=94Except as provided in subsections (a) = and (g) of=20 section 40122, the Administrator is authorized, in the performance of = the=20 functions of the Administrator, to appoint, transfer, and fix the = compensation=20 of such officers and employees, including attorneys, as may be necessary = to=20 carry out the functions of the Administrator and the Administration. In = fixing=20 compensation and benefits of officers and employees, the Administrator = shall not=20 engage in any type of bargaining, except to the extent provided for in = section=20 40122(a), nor shall the Administrator be bound by any requirement to = establish=20 such compensation or benefits at particular levels.

(2) Experts and=20 consultants.=E2=80=94The Administrator is authorized to = obtain the=20 services of experts and consultants in accordance with section 3109 of = title=20 5.

(3) Transportation and per = diem=20 expenses.=E2=80=94The Administrator is authorized to pay = transportation=20 expenses, and per diem in lieu of subsistence expenses, in accordance = with=20 chapter 57 of title 5.

(4) Use of personnel from = other=20 agencies.=E2=80=94The Administrator is authorized to = utilize the services=20 of personnel of any other Federal agency (as such term is defined under = section=20 551(1) of title 5).

(5) Voluntary=20 services.=E2=80=94

(A) General = rule.=E2=80=94In=20 exercising the authority to accept gifts and voluntary services under = section=20 326 of this title, and without regard to section 1342 of title 31, the=20 Administrator may not accept voluntary and uncompensated services if = such=20 services are used to displace Federal employees employed on a full-time, = part-time, or seasonal basis.

(B) Incidental=20 expenses.=E2=80=94The Administrator is authorized to = provide for=20 incidental expenses, including transportation, lodging, and subsistence, = for=20 volunteers who provide voluntary services under this subsection.

(C) Limited treatment as = federal=20 employees.=E2=80=94An individual who provides voluntary = services under=20 this subsection shall not be considered a Federal employee for any = purpose other=20 than for purposes of chapter 81 of title 5, relating to compensation for = work=20 injuries, and chapter 171 of title 28, relating to tort claims.

(6) = Contracts.=E2=80=94The=20 Administrator is authorized to enter into and perform such contracts, = leases,=20 cooperative agreements, or other transactions as may be necessary to = carry out=20 the functions of the Administrator and the Administration. The = Administrator may=20 enter into such contracts, leases, cooperative agreements, and other=20 transactions with any Federal agency (as such term is defined in section = 551(1)=20 of title 5) or any instrumentality of the United States, any State, = territory,=20 or possession, or political subdivision thereof, any other governmental = entity,=20 or any person, firm, association, corporation, or educational = institution, on=20 such terms and conditions as the Administrator may consider = appropriate.

(m) Cooperation by=20 Administrator.=E2=80=94With the consent of appropriate = officials, the=20 Administrator may, with or without reimbursement, use or accept the = services,=20 equipment, personnel, and facilities of any other Federal agency (as = such term=20 is defined in section 551(1) of title 5) and any other public or private = entity.=20 The Administrator may also cooperate with appropriate officials of other = public=20 and private agencies and instrumentalities concerning the use of = services,=20 equipment, personnel, and facilities. The head of each Federal agency = shall=20 cooperate with the Administrator in making the services, equipment, = personnel,=20 and facilities of the Federal agency available to the Administrator. The = head of=20 a Federal agency is authorized, notwithstanding any other provision of = law, to=20 transfer to or to receive from the Administration, without = reimbursement,=20 supplies, personnel, services, and equipment other than administrative = supplies=20 or equipment.

(n) = Acquisition.=E2=80=94

(1) In = general.=E2=80=94The=20 Administrator is authorized=E2=80=94

(A) to acquire (by purchase, lease, = condemnation, or=20 otherwise), construct, improve, repair, operate, and = maintain=E2=80=94

(i) air traffic control facilities and=20 equipment;

(ii) research and testing sites and = facilities;=20 and

(iii) such other real and personal = property=20 (including office space and patents), or any interest therein, within = and=20 outside the continental United States as the Administrator considers=20 necessary;

(B) to lease to others such real and = personal=20 property; and

(C) to provide by contract or otherwise = for eating=20 facilities and other necessary facilities for the welfare of employees = of the=20 Administration at the installations of the Administration, and to = acquire,=20 operate, and maintain equipment for these facilities.

(2) = Title.=E2=80=94Title to any=20 property or interest therein acquired pursuant to this subsection shall = be held=20 by the Government of the United States.

(o) Transfers of=20 Funds.=E2=80=94The Administrator is authorized to accept = transfers of=20 unobligated balances and unexpended balances of funds appropriated to = other=20 Federal agencies (as such term is defined in section 551(1) of title 5) = to carry=20 out functions transferred by law to the Administrator or functions = transferred=20 pursuant to law to the Administrator on or after the date of the = enactment of=20 the Air Traffic Management System Performance Improvement Act of = 1996.

(p) Management Advisory Council = and Air=20 Traffic Services Board.=E2=80=94

(1)=20 Establishment.=E2=80=94Within 3 months = after the date of=20 the enactment of the Air Traffic Management System Performance = Improvement Act=20 of 1996, the Administrator shall establish an advisory council which = shall be=20 known as the Federal Aviation Management Advisory Council (in this = subsection=20 referred to as the =E2=80=9CCouncil=E2=80=9D). With respect to = Administration management,=20 policy, spending, funding, and regulatory matters affecting the aviation = industry, the Council may submit comments, recommended modifications, = and=20 dissenting views to the Administrator. The Administrator shall include = in any=20 submission to Congress, the Secretary, or the general public, and in any = submission for publication in the Federal Register, a description of the = comments, recommended modifications, and dissenting views received from = the=20 Council, together with the reasons for any differences between the views = of the=20 Council and the views or actions of the Administrator.

(2) = Membership.=E2=80=94The=20 Council shall consist of 13 members, who shall consist of=E2=80=94

(A) a designee of the Secretary of=20 Transportation;

(B) a designee of the Secretary of = Defense;

(i) in the case of initial appointments to = the=20 Council, the President by and with the advice and consent of the Senate, = except=20 that initial appointments made after May 1, 2003, shall be made by the = Secretary=20 of Transportation; and

(ii) in the case of subsequent = appointments to the=20 Council, the Secretary of Transportation; and

(D) 1 member appointed, from among = individuals who=20 are the leaders of their respective unions of air = traffic=20 control system employees, by the Secretary of Transportation.

(3) = Qualifications.=E2=80=94No=20 officer or employee of the United States Government may be appointed to = the=20 Council under paragraph (2)(C) or to the Air Traffic Services = Committee.

(4) = Functions.=E2=80=94

(A) In = general.=E2=80=94(i) The=20 Council shall provide advice and counsel to the Administrator on issues = which=20 affect or are affected by the operations of the Administrator. The = Council shall=20 function as an oversight resource for management, policy, spending, and=20 regulatory matters under the jurisdiction of the Administration.

(ii) The Council shall review the = rulemaking=20 cost-benefit analysis process and develop recommendations to improve the = analysis and ensure that the public interest is fully protected.

(iii) The Council shall review the process = through=20 which the Administration determines to use advisory circulars and = service=20 bulletins.

(B) = Meetings.=E2=80=94The=20 Council shall meet on a regular and periodic basis or at the call of the = chairman or of the Administrator.

(C) Access to documents and=20 staff.=E2=80=94The Administration may give the Council or = Air Traffic=20 Services Committee appropriate access to relevant documents and = personnel of the=20 Administration, and the Administrator shall make available, consistent = with the=20 authority to withhold commercial and other proprietary information under = section=20 552 of title 5 (commonly known as the =E2=80=9CFreedom of Information = Act=E2=80=9D), cost data=20 associated with the acquisition and operation of air traffic service = systems.=20 Any member of the Council or Air Traffic Services Committee who receives = commercial or other proprietary data from the Administrator shall be = subject to=20 the provisions of section 1905 of title 18, pertaining to unauthorized=20 disclosure of such information.

(5) Federal advisory = committee act not=20 to apply.=E2=80=94The Federal Advisory Committee Act (5 = U.S.C. App.) does=20 not apply to the Council, the Air Traffic Services Committee, or such = aviation=20 rulemaking committees as the Administrator shall designate.

(6) Administrative=20 matters.=E2=80=94

(A) Terms of members = appointed under=20 paragraph (2)(c).=E2=80=94Members of the Council = appointed under=20 paragraph (2)(C) shall be appointed for a term of 3 years. Of the = members first=20 appointed by the President under paragraph (2)(C)=E2=80=94

(i) 3 shall be appointed for terms of 1 = year;

(ii) 4 shall be appointed for terms of 2 = years;=20 and

(iii) 3 shall be appointed for terms of 3=20 years.

(B) Term for air traffic = control=20 representative.=E2=80=94The member appointed under = paragraph (2)(D) shall=20 be appointed for a term of 3 years, except that the term of such = individual=20 shall end whenever the individual no longer meets the requirements of = paragraph=20 (2)(D).

(C) Terms for air traffic = services=20 committee members.=E2=80=94The members appointed to the = Air Traffic=20 Services Committee shall be appointed for a term of 5 years, except that = the=20 first members of the Committee shall be the members of the Air Traffic = Services=20 Subcommittee of the Council on the day before the date of enactment of = the=20 Vision 100=E2=80=94Century of Aviation Reauthorization Act who shall = serve in an=20 advisory capacity until such time as the President appoints the members = of the=20 Committee under paragraph (7).

(D) = Reappointment.=E2=80=94An=20 individual may not be appointed to the Committee to more than two 5-year = terms.

(E) = Vacancy.=E2=80=94Any=20 vacancy on the Council or Committee shall be filled in the same manner = as the=20 original appointment, except that any vacancy caused by a member = appointed by=20 the President under paragraph (2)(C)(i) shall be filled by the Secretary = in=20 accordance with paragraph (2)(C)(ii). Any member appointed to fill a = vacancy=20 occurring before the expiration of the term for which the member's = predecessor=20 was appointed shall be appointed for the remainder of that term.

(F) Continuation in=20 office.=E2=80=94A member of the Council or Committee = whose term expires=20 shall continue to serve until the date on which the member's successor = takes=20 office.

(G) = Removal.=E2=80=94Any member=20 of the Council appointed under paragraph (2)(D) may be removed for cause = by the=20 President or Secretary whoever makes the appointment. Any member of the=20 Committee may be removed for cause by the Secretary.

(H) Claims against members = of=20 committee.=E2=80=94

(i) In = general.=E2=80=94A=20 member appointed to the Committee shall have no personal liability under = Federal=20 law with respect to any claim arising out of or resulting from an act or = omission by such member within the scope of service as a member of the=20 Committee.

(ii) Effect on other=20 law.=E2=80=94This subparagraph shall not be = construed=E2=80=94

(I) to affect any other immunity or = protection that=20 may be available to a member of the Subcommittee under applicable law = with=20 respect to such transactions;

(II) to affect any other right or remedy = against the=20 United States under applicable law; or

(III) to limit or alter in any way the = immunities=20 that are available under applicable law for Federal officers and=20 employees.

(I) Ethical=20 considerations.=E2=80=94

(i) Financial=20 disclosure.=E2=80=94During the entire period that an = individual is=20 serving as a member of the Committee, such individual shall be treated = as=20 serving as an officer or employee referred to in section 101(f) of the = Ethics in=20 Government Act of 1978 for purposes of title I of such Act; except that = section=20 101(d) of such Act shall apply without regard to the = number=20 of days of service in the position.

(ii) Restrictions on=20 post-employment.=E2=80=94For purposes of section 207(c) = of title 18, an=20 individual who is a member of the Committee shall be treated as an = employee=20 referred to in section 207(c)(2)(A)(i) of such title during the entire = period=20 the individual is a member of the Committee; except that subsections = (c)(2)(B)=20 and (f) of section 207 of such title shall not apply.

(J) Chairman; vice=20 chairman.=E2=80=94The Council shall elect a chair and a = vice chair from=20 among the members appointed under paragraph (2)(C), each of whom shall = serve for=20 a term of 1 year. The vice chair shall perform the duties of the = chairman in the=20 absence of the chairman.

(K) Travel and per=20 diem.=E2=80=94Each member of the Council or Committee = shall be paid=20 actual travel expenses, and per diem in lieu of subsistence expenses = when away=20 from his or her usual place of residence, in accordance with section = 5703 of=20 title 5.

(L) Detail of personnel from = the=20 administration.=E2=80=94The Administrator shall make = available to the=20 Council or Committee such staff, information, and administrative = services and=20 assistance as may reasonably be required to enable the Council or = Committee to=20 carry out its responsibilities under this subsection.

(7) Air traffic services=20 committee.=E2=80=94

(A) = Establishment.=E2=80=94The=20 Administrator shall establish a committee that is independent of the = Council by=20 converting the Air Traffic Services Subcommittee of the Council, as in = effect on=20 the day before the date of enactment of the Vision 100=E2=80=94Century = of Aviation=20 Reauthorization Act, into such committee. The committee shall be known = as the=20 Air Traffic Services Committee (in this subsection referred to as the=20 =E2=80=9CCommittee=E2=80=9D).

(B) Membership and=20 qualifications.=E2=80=94Subject to paragraph (6)(C), the = Committee shall=20 consist of five members, one of whom shall be the Administrator and = shall serve=20 as chairperson. The remaining members shall be appointed by the = President with=20 the advice and consent of the Senate and=E2=80=94

(i) shall have a fiduciary responsibility = to=20 represent the public interest;

(ii) shall be citizens of the United = States; and

(iii) shall be appointed without regard to = political=20 affiliation and solely on the basis of their professional experience and = expertise in one or more of the following areas and, in the aggregate, = should=20 collectively bring to bear expertise in all of the following areas:

(I) Management of large service = organizations.

(II) Customer service.

(III) Management of large = procurements.

(IV) Information and communications = technology.

(V) Organizational development.

(VI) Labor relations.

(i) have a pecuniary interest in, or own = stock in or=20 bonds of, an aviation or aeronautical enterprise, except an interest in = a=20 diversified mutual fund or an interest that is exempt from the = application of=20 section 208 of title 18;

(ii) engage in another business related to = aviation=20 or aeronautics; or

(iii) be a member of any organization that = engages,=20 as a substantial part of its activities, in activities to influence=20 aviation-related legislation.

(D) General=20 responsibilities.=E2=80=94

(i) = Oversight.=E2=80=94The=20 Committee shall oversee the administration, management, conduct, = direction, and=20 supervision of the air traffic control system.

(ii)=20 Confidentiality.=E2=80=94The Committee = shall ensure that=20 appropriate confidentiality is maintained in the exercise of its = duties.

(E) Specific=20 responsibilities.=E2=80=94The Committee shall have the = following specific=20 responsibilities:

(i) Strategic = plans.=E2=80=94To=20 review, approve, and monitor the strategic plan for the air traffic = control=20 system, including the establishment of=E2=80=94

(I) a mission and objectives;

(II) standards of performance relative to = such=20 mission and objectives, including safety, efficiency, and productivity; = and

(III) annual and long-range strategic = plans.

(ii) Modernization and=20 improvement.=E2=80=94To review and approve=E2=80=94

(I) methods to accelerate air traffic = control=20 modernization and improvements in aviation safety related to air traffic = control; and

(II) procurements of air traffic control = equipment=20 in excess of $100,000,000.

(iii) Operational=20 plans.=E2=80=94To review the operational functions of the = air traffic=20 control system, including=E2=80=94

(I) plans for modernization of the air = traffic=20 control system;

(II) plans for increasing productivity or=20 implementing cost-saving measures; and

(III) plans for training and = education.

(iv)=20 Management.=E2=80=94To=E2=80=94

(I) review and approve the Administrator's = appointment of a Chief Operating Officer under section 106(r);

(II) review the Administrator's selection, = evaluation, and compensation of senior executives of the Administration = who have=20 program management responsibility over significant functions of the air = traffic=20 control system;

(III) review and approve the = Administrator's plans=20 for any major reorganization of the Administration that would impact on = the=20 management of the air traffic control system;

(IV) review and approve the = Administrator's cost=20 accounting and financial management structure and technologies to help = ensure=20 efficient and cost-effective air traffic control operation; and

(V) review the performance and = compensation of=20 managers responsible for major acquisition projects, including the = ability of=20 the managers to meet schedule and budget targets.

(v) = Budget.=E2=80=94To=E2=80=94

(I) review and make recommendations on the = budget=20 request of the Administration related to the air traffic control system = prepared=20 by the Administrator;

(II) submit such budget recommendations to = the=20 Secretary; and

(III) base such budget recommendations on = the annual=20 and long-range strategic plans.

(F) Committee personnel = matters and=20 expenses.=E2=80=94

(i) Personnel=20 matters.=E2=80=94The Committee may appoint and terminate = for purposes of=20 employment by the Committee any personnel that may be necessary to = enable the=20 Committee to perform its duties, and may procure temporary and = intermittent=20 services under section 40122.

(ii) Travel=20 expenses.=E2=80=94Each member of the Committee shall = receive travel=20 expenses, including per diem in lieu of subsistence, in accordance with=20 applicable provisions under subchapter I of chapter 57 of title 5, = United States=20 Code.

(G) Administrative=20 matters.=E2=80=94

(i) Powers of=20 chair.=E2=80=94Except as otherwise provided by a majority = vote of the=20 Committee, the powers of the chairperson shall include=E2=80=94

(I) establishing committees;

(II) setting meeting places and times;

(III) establishing meeting agendas; = and

(IV) developing rules for the conduct of=20 business.

(ii) = Meetings.=E2=80=94The=20 Committee shall meet at least quarterly and at such other times as the=20 chairperson determines appropriate.

(iii) = Quorum.=E2=80=94Three=20 members of the Committee shall constitute a quorum. A majority of = members=20 present and voting shall be required for the Committee to take = action.

(H) = Reports.=E2=80=94

(i) = Annual.=E2=80=94The=20 Committee shall each year report with respect to the conduct of its=20 responsibilities under this title to the Secretary, the Committee on=20 Transportation and Infrastructure of the House of Representatives, and = the=20 Committee on Commerce, Science, and Transportation of the Senate.

(ii) Additional=20 report.=E2=80=94If a determination by the Committee under = subparagraph=20 (D)(i) that the organization and operation of the air traffic control = system are=20 not allowing the Administration to carry out its mission, the Committee = shall=20 report such determination to the Secretary, the Committee on = Transportation and=20 Infrastructure of the House of Representatives, and the Committee on = Commerce,=20 Science, and Transportation of the Senate.

(iii) Action of = administrator on=20 report.=E2=80=94Not later than 60 days after the date of = a report of the=20 Committee under this subparagraph, the Administrator shall take action = with=20 respect to such report. If the Administrator overturns a recommendation = of the=20 Committee, the Administrator shall report such action to the President, = the=20 Committee on Transportation and Infrastructure of the House of = Representatives,=20 and the Committee on Commerce, Science, and Transportation of the = Senate.

(iv) Comptroller general's=20 report.=E2=80=94Not later than April 30, 2003, the = Comptroller General of=20 the United States shall transmit to the Committee on Transportation and=20 Infrastructure of the House of Representatives and the Committee on = Commerce,=20 Science, and Transportation of the Senate a report on the success of the = Committee in improving the performance of the air traffic control = system.

(I)=20 Authorization.=E2=80=94There are authorized = to be=20 appropriated to the Committee such sums as may be necessary for the = Committee to=20 carry out its activities.

(8) Air traffic control = system=20 defined.=E2=80=94In this section, the term =E2=80=9Cair = traffic control system=E2=80=9D=20 has the meaning such term has under section 40102(a).

(q) Aircraft Noise=20 Ombudsman.=E2=80=94

(1)=20 Establishment.=E2=80=94There shall be in = the Administration=20 an Aircraft Noise Ombudsman.

(2) General duties and=20 responsibilities.=E2=80=94The Ombudsman = shall=E2=80=94

(A) be appointed by the Administrator;

(B) serve as a liaison with the public on = issues=20 regarding aircraft noise; and

(C) be consulted when the Administration = proposes=20 changes in aircraft routes so as to minimize any increases in aircraft = noise=20 over populated areas.

(3) Number of full-time = equivalent=20 employees.=E2=80=94The appointment of an Ombudsman under = this subsection=20 shall not result in an increase in the number of full-time equivalent = employees=20 in the Administration.

(r) Chief Operating=20 Officer.=E2=80=94

(1) In = general.=E2=80=94

(A) = Appointment.=E2=80=94There=20 shall be a Chief Operating Officer for the air traffic control system to = be=20 appointed by the Administrator, with the approval of the Air Traffic = Services=20 Committee. The Chief Operating Officer shall report directly to the=20 Administrator and shall be subject to the authority of the = Administrator.

(B) = Qualifications.=E2=80=94The=20 Chief Operating Officer shall have a demonstrated ability in management = and=20 knowledge of or experience in aviation.

(D) = Removal.=E2=80=94The Chief=20 Operating Officer shall serve at the pleasure of the Administrator, = except that=20 the Administrator shall make every effort to ensure stability and = continuity in=20 the leadership of the air traffic control system.

(E) = Vacancy.=E2=80=94Any=20 individual appointed to fill a vacancy in the position of Chief = Operating=20 Officer occurring before the expiration of the term for which the = individual's=20 predecessor was appointed shall be appointed for the remainder of that=20 term.

(2) = Compensation.=E2=80=94

(A) In = general.=E2=80=94The=20 Chief Operating Officer shall be paid at an annual rate of basic pay to = be=20 determined by the Administrator, with the approval of the Air Traffic = Services=20 Committee. The annual rate may not exceed the annual compensation paid = under=20 section 102 of title 3. The Chief Operating Officer shall be subject to = the=20 post-employment provisions of section 207 of title 18 as if the position = of=20 Chief Operating Officer were described in section 207(c)(2)(A)(i) of = that=20 title.

(B) = Bonus.=E2=80=94In addition=20 to the annual rate of basic pay authorized by subparagraph (A), the = Chief=20 Operating Officer may receive a bonus for any calendar year not to = exceed 30=20 percent of the annual rate of basic pay, based upon the Administrator's=20 evaluation of the Chief Operating Officer's performance in relation to = the=20 performance goals set forth in the performance agreement described in = paragraph=20 (3).

(3) Annual performance=20 agreement.=E2=80=94The Administrator and the Chief = Operating Officer, in=20 consultation with the Air Traffic Services Committee, shall enter into = an annual=20 performance agreement that sets forth measurable organization and = individual=20 goals for the Chief Operating Officer in key operational areas. The = agreement=20 shall be subject to review and renegotiation on an annual basis.

(4) Annual performance=20 report.=E2=80=94The Chief Operating Officer shall prepare = and transmit to=20 the Secretary of Transportation, the Committee on Transportation and=20 Infrastructure of the House of Representatives, and the Committee on = Commerce,=20 Science, and Transportation of the Senate an annual management report = containing=20 such information as may be prescribed by the Secretary.

(5)=20 Responsibilities.=E2=80=94The Administrator = may delegate to=20 the Chief Operating Officer, or any other authority within the = Administration=20 responsibilities, including the following:

(A) Strategic = plans.=E2=80=94To=20 implement the strategic plan of the Administration for the air traffic = control=20 system in order to further=E2=80=94

(i) a mission and objectives;

(ii) standards of performance relative to = such=20 mission and objectives, including safety, efficiency, and = productivity;

(iii) annual and long-range strategic = plans; and

(iv) methods of the Administration to = accelerate air=20 traffic control modernization and improvements in aviation safety = related to air=20 traffic control.

(B) = Operations.=E2=80=94To=20 oversee the day-to-day operational functions of the Administration for = air=20 traffic control, including=E2=80=94

(i) modernization of the air traffic = control=20 system;

(ii) increasing productivity or = implementing=20 cost-saving measures;

(iii) training and education; and

(iv) the management of cost-reimbursable=20 contracts.

(i) develop a budget request of the = Administration=20 related to the air traffic control system;

(ii) submit such budget request to the = Administrator=20 and the Committee; and

(iii) ensure that the budget request = supports the=20 agency's annual and long-range strategic plans for air traffic control=20 services.

(Pub. L. 97=E2=80=93449, =C2=A71(b), Jan. 12, = 1983, 96 Stat. 2416;=20 Pub. L. 98=E2=80=93216, =C2=A72(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. = 100=E2=80=93591, =C2=A75(a), Nov.=20 3, 1988, 102 Stat. 3013; Pub. L. 101=E2=80=93508, title IX, =C2=A79106, = Nov. 5, 1990, 104=20 Stat. 1388=E2=80=93355; Pub. L. 101=E2=80=93604, title I, =C2=A7101(c), = Nov. 16, 1990, 104 Stat.=20 3068; Pub. L. 102=E2=80=93581, title I, =C2=A7104, Oct. 31, 1992, 106 = Stat. 4877; Pub. L.=20 103=E2=80=93272, =C2=A7=C2=A74(j)(3), 5(m)(4), July 5, 1994, 108 Stat. = 1365, 1375; Pub. L.=20 103=E2=80=93305, title I, =C2=A7103, title II, =C2=A7201, Aug. 23, 1994, = 108 Stat. 1571, 1581;=20 Pub. L. 104=E2=80=93264, title I, =C2=A7103(a), title II, = =C2=A7=C2=A7223(a), 224=E2=80=93230, 276(c), title=20 XII, =C2=A71210, Oct. 9, 1996, 110 Stat. 3216, 3229=E2=80=933234, 3282; = Pub. L. 104=E2=80=93287,=20 =C2=A75(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105=E2=80=93102, = =C2=A73(c)(3), Nov. 20, 1997,=20 111 Stat. 2215; Pub. L. 106=E2=80=936, =C2=A74, Mar. 31, 1999, 113 Stat. = 10; Pub. L. 106=E2=80=93181,=20 title I, =C2=A7103(a), title III, =C2=A7=C2=A7302(a)=E2=80=93(c), 303, = 305, 306, 307(c)(1), title VII,=20 =C2=A7701, Apr. 5, 2000, 114 Stat. 66, 115=E2=80=93118, 121, 123, 124, = 126, 154; Pub. L.=20 106=E2=80=93528, =C2=A78(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. = 107=E2=80=9371, title I,=20 =C2=A7101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. = 108=E2=80=93176, title I,=20 =C2=A7103(a),(b), title II, =C2=A7=C2=A7201=E2=80=93204, 224(c), Dec. = 12, 2003, 117 Stat. 2495, 2496,=20 2522=E2=80=932526, 2528; Pub. L. 110=E2=80=93330, =C2=A76, Sept. 30, = 2008, 122 Stat. 3719; Pub. L.=20 111=E2=80=9312, =C2=A76, Mar. 30, 2009, 123 Stat. 1458; Pub. L. = 111=E2=80=9369, =C2=A76, Oct. 1, 2009, 123=20 Stat. 2055; Pub. L. 111=E2=80=93116, =C2=A76, Dec. 16, 2009, 123 Stat. = 3032; Pub. L. 111=E2=80=93153,=20 =C2=A76, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111=E2=80=93161, = =C2=A76, Apr. 30, 2010, 124 Stat.=20 1127; Pub. L. 111=E2=80=93197, =C2=A76, July 2, 2010, 124 Stat. 1354; = Pub. L. 111=E2=80=93216, title=20 I, =C2=A7105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112=E2=80=9330, = title II, =C2=A7206, Sept. 16,=20 2011, 125 Stat. 359.)

Historical and Revision=20 Notes
Pub. L. = 97=E2=80=93449
Revised=20 Section	Source (U.S. Code)	Source (Statutes at Large)
106(a)	49:1341(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85=E2=80=93726, = =C2=A7=C2=A7301(a), (b), 302(a), (b),=20 72 Stat. 744; Aug. 14, 1964, Pub. L. 88=E2=80=93426, =C2=A7305(16) = (B), (C), 78 Stat.=20 424.
	49:1652(e)(1) (related to FAA).	Oct. 15, 1966, Pub. L. 89=E2=80=93670, =C2=A73(e) = (related to FAA), 80=20 Stat. 932.
106(b)	49:1341(a) (2d sentence), (b) (1st sentence less = 1st=E2=80=9310th=20 words).
	49:1342(a) (1st sentence), (b) (1st sentence less = 1st=E2=80=9311th words).
	49:1652(e) (related to FAA) (1) (less 1st = sentence), (3)=20 (last sentence).
106(c)	49:1341(b) (1st sentence 1st=E2=80=9310th words, = 2d sentence).
	49:1652(e)(2) (related to Administrator).
106(d)	49:1342(b) (1st sentence 1st=E2=80=9311th words, = 2d sentence,=20 4th=E2=80=936th sentences).
	49:1652(e)(2) (1st sentence less = Administrator).
	49:1343(a)(2) (related to Deputy Administrator). =	Aug. 23, 1958, Pub. L. 85=E2=80=93726, = =C2=A7302(c)(2) (related to=20 Deputy Administrator), 72 Stat. 745.
106(e)	49:1341(b) (less 1st, 2d sentences).
	49:1342(b) (3d sentence).
106(f)	49:1341(a) (less 1st, 2d sentences).
106(g)	49:1652(e)(3) (related to FAA) (less last = sentence).
	49:1655(c)(1) (1st sentence proviso).	Oct. 15, 1966, Pub. L. 89=E2=80=93670, = =C2=A76(c)(1) (1st sentence=20 proviso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. = 93=E2=80=93633,=20 =C2=A7113(d), 88 Stat. 2163.
106(h)	49:1652(e)(4) (related to FAA).
	49:1655(c)(1) (2d, last sentences).
106(i)	49:1342(a) (2d, last sentences).

In subsections (a) and (b), the source provisions = are=20 combined for clarity.

In subsection (a), the words =E2=80=9Creferred to = in this chapter as=20 the =E2=80=98Administration=E2=80=99 =E2=80=9D are omitted because = of the style of the revised=20 title.

In subsection (b), the word =E2=80=9Cdue=E2=80=9D = in 49:1342(b) (1st sentence=20 less 1st=E2=80=9311th words) is omitted as surplus. The words = =E2=80=9Cthe duties and powers=E2=80=9D=20 are substituted for =E2=80=9Cthe powers and duties vested in and imposed = upon him by=20 this chapter=E2=80=9D to eliminate surplus words and for consistency. = The word=20 =E2=80=9Cconsider=E2=80=9D is substituted for =E2=80=9Cwith = . . . regard to=E2=80=9D for clarity.

In subsections (c) and (d), the words =E2=80=9CAt = the time of his=20 nomination=E2=80=9D are omitted as unnecessary and for consistency.

In subsection (c), the text of 49:1652(e)(2) (last = sentence)=20 is omitted as executed.

In subsection (d)(1), the words =E2=80=9CNothing in = this chapter or=20 other law shall preclude=E2=80=9D in 49:1342(b) (4th sentence) are = omitted as=20 unnecessary because of the positive statement of authority. The words = =E2=80=9Carmed=20 force=E2=80=9D are substituted for =E2=80=9Carmed services=E2=80=9D to = conform to title 10. The words=20 =E2=80=9Cto the position of=E2=80=9D are omitted as surplus.

In subsection (d)(2), the word = =E2=80=9Ccontinue=E2=80=9D is omitted as=20 surplus. The words =E2=80=9Cpay provided by law for the Deputy = Administrator=E2=80=9D are=20 substituted for =E2=80=9Ccompensation provided for the Deputy = Administrator=E2=80=9D in=20 49:1342(b) because the pay provisions were repealed and replaced by = 5:5315. The=20 words =E2=80=9C(including personal money allowance)=E2=80=9D are omitted = as being within the=20 meaning of =E2=80=9Callowance=E2=80=9D in title 37. The words = =E2=80=9Cas the case may be=E2=80=9D are omitted=20 as surplus. The words =E2=80=9Cof the military grade held=E2=80=9D are = substituted for =E2=80=9Cmilitary=20 . . . payable to a commissioned officer of his grade and = length of=20 service=E2=80=9D to eliminate unnecessary words. The words = =E2=80=9CAdministration=E2=80=9D and=20 =E2=80=9Cmilitary=E2=80=9D are added for clarity. The words =E2=80=9Cto = defray=E2=80=9D are omitted as=20 surplus.

In subsection (d)(3), the words =E2=80=9Cacceptance = of, and=E2=80=9D are=20 omitted as unnecessary. The word =E2=80=9Cheld=E2=80=9D is substituted = for =E2=80=9Cmay occupy or hold=E2=80=9D=20 to eliminate unnecessary words. The words =E2=80=9Cright or = benefit=E2=80=9D are substituted for=20 =E2=80=9Cemolument, perquisite, right, privilege, or benefit=E2=80=9D to = eliminate unnecessary=20 words. The words =E2=80=9Cincident to or=E2=80=9D before = =E2=80=9Carising=E2=80=9D are omitted as surplus.

In subsection (f), the word = =E2=80=9CSecretary=E2=80=9D is substituted for=20 =E2=80=9CAdministrator=E2=80=9D because of the transfer of aviation = functions to the Secretary=20 under 49:1655(c)(1). The words =E2=80=9CIn the exercise of his duties = and the discharge=20 of his responsibilities under this chapter=E2=80=9D are omitted as = surplus.

In subsection (g), the words =E2=80=9Care hereby = transferred to=E2=80=9D in=20 49:1655(c)(1) are omitted as executed. The words =E2=80=9Ccarry = out=E2=80=9D are substituted for=20 =E2=80=9Cit shall be his duty to exercise=E2=80=9D in 49:1655(c)(1) for = clarity, consistency,=20 and to eliminate surplus words. The words =E2=80=9CIn addition to such = functions,=20 powers, and duties as are specified in this chapter=E2=80=9D in = 49:1652(e)(3) are=20 omitted as unnecessary because of the restatement.

In subsection (h), the first sentence is = substituted for=20 49:1655(c)(1) (2d sentence) for clarity and consistency. The word = =E2=80=9Claw=E2=80=9D is=20 substituted for =E2=80=9Cstatute=E2=80=9D in 49:1652(e)(4) for = consistency. The words =E2=80=9Ccarrying=20 out=E2=80=9D in 49:1655(c)(1) (last sentence) are substituted for = =E2=80=9Cthe exercise of=E2=80=9D for=20 consistency. The words after =E2=80=9Cadministratively final=E2=80=9D = are omitted as unnecessary=20 because of the restatement of the revised title and those laws giving a = right of=20 appeal.

In subsection (i), the words =E2=80=9Cand exercise = the powers of=E2=80=9D are=20 omitted as surplus. The words =E2=80=9Cwhen the office of the = Administrator is vacant=E2=80=9D=20 are inserted to conform to section 102 of the revised title.

Pub. L. 103=E2=80=93272

Section 4(j)(3)(B) amends 49:106(g) to list the = duties and=20 powers of the Secretary of Transportation that the Administrator of the = Federal=20 Aviation Administration carries out. The duties and powers are derived = from 2=20 sources. Some were transferred by former 49 App.:1655(c)(1), restated as = 49:106=20 in section 1 of the Act of January 12, 1983 (Public Law 97=E2=80=93449, = 96 Stat. 2417).=20 The others are from laws enacted after October 15, 1966, in which the = duties and=20 powers are to be carried out by the Administrator rather than the = Secretary.

References in Text

The Air Traffic Management System Performance = Improvement Act=20 of 1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L. = 104=E2=80=93264,=20 Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to = the=20 Code, see Short Title of 1996 Amendment note set out under section 40101 = of this=20 title and Tables.

The date of the enactment of the Wendell H. Ford = Aviation=20 Investment and Reform Act for the 21st Century, referred to in subsec.=20 (f)(3)(B)(i), is the date of enactment of Pub. L. 106=E2=80=93181, which = was approved=20 Apr. 5, 2000.

The date of the enactment of the Air Traffic = Management=20 System Performance Improvement Act of 1996, referred to in subsecs. = (f)(3)(C),=20 (o), and (p)(1), is the date of enactment of Pub. L. = 104=E2=80=93264, which was=20 approved Oct. 9, 1996.

Section 44931 of this title, referred to in subsec. = (g)(2),=20 was repealed by Pub. L. 107=E2=80=9371, title I, =C2=A7101(f)(6), Nov. = 19, 2001, 115 Stat.=20 603.

The Federal Advisory Committee Act, referred to in = subsec.=20 (p)(5), is Pub. L. 92=E2=80=93463, Oct. 6, 1972, 86 Stat. 770, which is = set out in the=20 Appendix to Title 5, Government Organization and Employees.

The date of enactment of the Vision = 100=E2=80=94Century of Aviation=20 Reauthorization Act, referred to in subsec. (p)(6)(C), (7)(A), is the = date of=20 enactment of Pub. L. 108=E2=80=93176, which was approved Dec. 12, = 2003.

The Ethics in Government Act of 1978, referred to = in subsec.=20 (p)(6)(I)(i), is Pub. L. 95=E2=80=93521, Oct. 26, 1978, 92 Stat. 1824. = Title I of the=20 Act is set out in the Appendix to Title 5, Government Organization and=20 Employees. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. = 95=E2=80=93521=20 in the Appendix to Title 5 and Tables.

Amendments

2011=E2=80=94Subsec. (k)(1)(G), (H). Pub. L. = 112=E2=80=9330 added=20 subpars. (G) and (H).

2010=E2=80=94Subsec. (k)(1)(F). Pub. L. = 111=E2=80=93216 amended=20 subpar. (F) generally. Prior to amendment, subpar. (F) read as follows:=20 =E2=80=9C$7,813,037,096 for the period beginning on October 1, 2009, and = ending on=20 August 1, 2010.=E2=80=9D

Pub. L. 111=E2=80=93197 amended subpar. (F) = generally. Prior to=20 amendment, subpar. (F) read as follows: =E2=80=9C$7,070,158,159 for the = period beginning=20 on October 1, 2009, and ending on July 3, 2010.=E2=80=9D

Pub. L. 111=E2=80=93161 amended subpar. (F) = generally. Prior to=20 amendment, subpar. (F) read as follows: =E2=80=9C$5,454,183,000 for the = 7-month period=20 beginning on October 1, 2009.=E2=80=9D

Pub. L. 111=E2=80=93153 amended subpar. (F) = generally. Prior to=20 amendment, subpar. (F) read as follows: =E2=80=9C$4,676,574,750 for the = 6-month period=20 beginning on October 1, 2009.=E2=80=9D

2009=E2=80=94Subsec. (k)(1)(E). Pub. L. = 111=E2=80=9312 substituted=20 =E2=80=9C$9,042,467,000 for fiscal year 2009=E2=80=9D for = =E2=80=9C$4,516,364,500 for the 6-month period=20 beginning on October 1, 2008=E2=80=9D.

Subsec. (k)(1)(F). Pub. L. 111=E2=80=93116 amended = subpar. (F)=20 generally. Prior to amendment, subpar. (F) read as follows: = =E2=80=9C$2,338,287,375 for=20 the 3-month period beginning on October 1, 2009.=E2=80=9D

Subsec. (k)(1)(F). Pub. L. 111=E2=80=9369 added = subpar. (F).

2008=E2=80=94Subsec. (k)(1)(E). Pub. L. = 110=E2=80=93330 added subpar.=20 (E).

2003=E2=80=94Subsec. (d)(2) to (4). Pub. L. = 108=E2=80=93176, =C2=A7204,=20 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), = respectively.

Subsec. (f)(2)(A)(ii). Pub. L. 108=E2=80=93176, = =C2=A7224(c), inserted=20 =E2=80=9C, services,=E2=80=9D after =E2=80=9Cproperty=E2=80=9D.

Subsec. (k)(1). Pub. L. 108=E2=80=93176, = =C2=A7103(a), amended par. (1)=20 generally. Prior to amendment, par. (1) read as follows:

=E2=80=9C(1) In = general.=E2=80=94There is=20 authorized to be appropriated to the Secretary of Transportation for = operations=20 of the Administration=E2=80=94

=E2=80=9C(A) such sums as may be necessary for = fiscal year=20 2000;

=E2=80=9C(B) $6,592,235,000 for fiscal year = 2001;

=E2=80=9C(C) $6,886,000,000 for fiscal year = 2002; and

=E2=80=9C(D) $7,357,000,000 for fiscal year = 2003.

Such sums shall remain available until = expended.=E2=80=9D

Subsec. (k)(2). Pub. L. 108=E2=80=93176, = =C2=A7103(b), redesignated=20 subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. = (A) to=20 (C), substituted =E2=80=9Cfiscal years 2004 through 2007=E2=80=9D for = =E2=80=9Cfiscal years 2000 through=20 2003=E2=80=9D, added subpars. (D) to (G), struck out former subpars. (A) = and (B), which=20 related to expenditures for wildlife measures and a university = consortium for an=20 air safety and security management certificate program, and struck out = former=20 subpars. (F) to (I), which related to expenditures for the 1998 airport = surface=20 operations safety action plan, United States membership obligations in = the=20 International Civil Aviation Organization, additional inspectors to = enhance air=20 cargo security programs, and improved training programs for airport = security=20 screening personnel.

Subsec. (p). Pub. L. 108=E2=80=93176, =C2=A7201(1), = inserted =E2=80=9Cand Air=20 Traffic Services Board=E2=80=9D after =E2=80=9CCouncil=E2=80=9D in = heading.

Subsec. (p)(2). Pub. L. 108=E2=80=93176, = =C2=A7201(2)(A), substituted=20 =E2=80=9Cconsist of 13 members, who=E2=80=9D for =E2=80=9Cconsist of 18 = members, who=E2=80=9D in introductory=20 provisions.

Subsec. (p)(2)(C)(i). Pub. L. 108=E2=80=93176, = =C2=A7201(2)(B), inserted=20 =E2=80=9C, except that initial appointments made after May 1, 2003, = shall be made=20 by the Secretary of Transportation=E2=80=9D after = =E2=80=9CSenate=E2=80=9D.

Subsec. (p)(2)(C)(ii). Pub. L. 108=E2=80=93176, = =C2=A7201(2)(C)(ii),=20 substituted =E2=80=9C; and=E2=80=9D for semicolon at end.

Subsec. (p)(2)(D). Pub. L. 108=E2=80=93176, = =C2=A7201(2)(D), substituted=20 =E2=80=9Cemployees, by the Secretary of Transportation.=E2=80=9D for = =E2=80=9Cemployees, by=E2=80=94

=E2=80=9C(i) in the case of initial = appointments to the Council,=20 the President by and with the advice and consent of the Senate; and

=E2=80=9C(ii) in the case of subsequent = appointments to the=20 Council, the Secretary of Transportation; and=E2=80=9D.

Subsec. (p)(2)(E). Pub. L. 108=E2=80=93176, = =C2=A7201(2)(D), struck out=20 subpar. (E) which read as follows: =E2=80=9C5 members appointed by the = Secretary after=20 consultation with the Committee on Transportation and Infrastructure of = the=20 House of Representatives and the Committee on Commerce, Science, and=20 Transportation of the Senate.=E2=80=9D

Subsec. (p)(3). Pub. L. 108=E2=80=93176, = =C2=A7202(1), added par. (3) and=20 struck out former par. (3) which related to qualifications for serving = on the=20 Council.

Subsec. (p)(4)(C). Pub. L. 108=E2=80=93176, = =C2=A7202(2), inserted =E2=80=9Cor Air=20 Traffic Services Committee=E2=80=9D after =E2=80=9CCouncil=E2=80=9D in = two places.

Subsec. (p)(5). Pub. L. 108=E2=80=93176, = =C2=A7202(3), inserted=20 =E2=80=9C, the Air Traffic Services Committee,=E2=80=9D after = =E2=80=9CCouncil=E2=80=9D.

Subsec. (p)(6)(C). Pub. L. 108=E2=80=93176, = =C2=A7202(4), in heading=20 substituted =E2=80=9Ccommittee=E2=80=9D for = =E2=80=9Csubcommittee=E2=80=9D and in text substituted =E2=80=9Cmembers=20 appointed=E2=80=9D for =E2=80=9Cmember appointed=E2=80=9D, =E2=80=9Cto = the Air Traffic Services Committee shall=E2=80=9D=20 for =E2=80=9Cunder paragraph (2)(E) shall=E2=80=9D, and =E2=80=9Cthe = first members of the Committee=20 shall be the members of the Air Traffic Services Subcommittee of the = Council on=20 the day before the date of enactment of the Vision 100=E2=80=94Century = of Aviation=20 Reauthorization Act who shall serve in an advisory capacity until such = time as=20 the President appoints the members of the Committee under paragraph = (7).=E2=80=9D for=20 =E2=80=9Cof the members first appointed under paragraph = (2)(E)=E2=80=94

=E2=80=9C(i) 2 members shall be appointed for a = term of 3=20 years;

=E2=80=9C(ii) 2 members shall be appointed for = a term of 4 years;=20 and

=E2=80=9C(iii) 1 member shall be appointed for = a term of 5=20 years.=E2=80=9D

Subsec. (p)(6)(D). Pub. L. 108=E2=80=93176, = =C2=A7202(5), substituted =E2=80=9Cto=20 the Committee=E2=80=9D for =E2=80=9Cunder paragraph (2)(E)=E2=80=9D.

Subsec. (p)(6)(E). Pub. L. 108=E2=80=93176, = =C2=A7202(6), inserted =E2=80=9Cor=20 Committee=E2=80=9D after =E2=80=9CCouncil=E2=80=9D.

Subsec. (p)(6)(F). Pub. L. 108=E2=80=93176, = =C2=A7202(7), inserted =E2=80=9Cof the=20 Council or Committee=E2=80=9D after =E2=80=9Cmember=E2=80=9D.

Subsec. (p)(6)(G). Pub. L. 108=E2=80=93176, = =C2=A7202(8), in second=20 sentence substituted =E2=80=9CCommittee=E2=80=9D for = =E2=80=9CCouncil=E2=80=9D and struck out =E2=80=9Cappointed under=20 paragraph (2)(E)=E2=80=9D before =E2=80=9Cmay be removed=E2=80=9D.

Subsec. (p)(6)(H). Pub. L. 108=E2=80=93176, = =C2=A7202(9)(A), substituted=20 =E2=80=9Ccommittee=E2=80=9D for =E2=80=9Csubcommittee=E2=80=9D in = heading.

Subsec. (p)(6)(H)(i). Pub. L. 108=E2=80=93176, = =C2=A7202(9)(B), (C),=20 substituted =E2=80=9Cto the Committee=E2=80=9D for =E2=80=9Cunder = paragraph (2)(E)=E2=80=9D and =E2=80=9Cof the=20 Committee=E2=80=9D for =E2=80=9Cof the Air Traffic Services = Subcommittee=E2=80=9D.

Subsec. (p)(6)(I)(i). Pub. L. 108=E2=80=93176, = =C2=A7202(10), substituted=20 =E2=80=9Cis serving as=E2=80=9D for =E2=80=9Cappointed under paragraph = (2)(E) is=E2=80=9D and =E2=80=9CCommittee=E2=80=9D for=20 =E2=80=9CSubcommittee=E2=80=9D.

Subsec. (p)(6)(I)(ii). Pub. L. 108=E2=80=93176, = =C2=A7202(11), substituted=20 =E2=80=9Cwho is a member of the Committee=E2=80=9D for = =E2=80=9Cappointed under paragraph (2)(E)=E2=80=9D and=20 =E2=80=9CCommittee;=E2=80=9D for =E2=80=9CSubcommittee;=E2=80=9D.

Subsec. (p)(6)(K). Pub. L. 108=E2=80=93176, = =C2=A7202(12), inserted =E2=80=9Cor=20 Committee=E2=80=9D after =E2=80=9CCouncil=E2=80=9D.

Subsec. (p)(6)(L). Pub. L. 108=E2=80=93176, = =C2=A7202(13), inserted =E2=80=9Cor=20 Committee=E2=80=9D after =E2=80=9CCouncil=E2=80=9D in two places.

Subsec. (p)(7). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(A), substituted=20 =E2=80=9Ccommittee=E2=80=9D for =E2=80=9Csubcommittee=E2=80=9D in = heading.

Subsec. (p)(7)(A). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(B), added=20 subpar. (A) and struck out heading and text of former subpar. (A). Text = read as=20 follows: =E2=80=9CThe Management Advisory Council shall have an air = traffic services=20 subcommittee (in this paragraph referred to as the = =E2=80=98Subcommittee=E2=80=99) composed of=20 the five members appointed under paragraph (2)(E).=E2=80=9D

Subsec. (p)(7)(B), (C). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(D), added=20 subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and = (E),=20 respectively.

Subsec. (p)(7)(D). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(E), substituted=20 =E2=80=9CCommittee=E2=80=9D for =E2=80=9CSubcommittee=E2=80=9D in two = places.

Pub. L. 108=E2=80=93176, =C2=A7202(14)(C), = redesignated subpar. (B) as=20 (D). Former subpar. (D) redesignated (F).

Subsec. (p)(7)(E). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(I), struck out=20 concluding provisions which read as follows: =E2=80=9CThe Secretary=20 shall submit the budget request referred to in clause (v)(II) for any = fiscal=20 year to the President who shall transmit such request, without revision, = to the=20 Committees on Transportation and Infrastructure and Appropriations of = the House=20 of Representatives and the Committees on Commerce, Science, and = Transportation=20 and Appropriations of the Senate, together with the President's annual = budget=20 request for the Federal Aviation Administration for such fiscal = year.=E2=80=9D

Pub. L. 108=E2=80=93176, =C2=A7202(14)(E), = substituted =E2=80=9CCommittee=E2=80=9D for=20 =E2=80=9CSubcommittee=E2=80=9D in introductory provisions.

Pub. L. 108=E2=80=93176, =C2=A7202(14)(C), = redesignated subpar. (C) as=20 (E). Former subpar. (E) redesignated (G).

Subsec. (p)(7)(E)(v)(I). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(F),=20 substituted =E2=80=9Cmake recommendations on=E2=80=9D for = =E2=80=9Capprove=E2=80=9D.

Subsec. (p)(7)(E)(v)(II). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(G),=20 substituted =E2=80=9Crecommendations=E2=80=9D for = =E2=80=9Crequest=E2=80=9D.

Subsec. (p)(7)(E)(v)(III). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(H),=20 substituted =E2=80=9Cbase such budget recommendations on=E2=80=9D for = =E2=80=9Censure that the budget=20 request supports=E2=80=9D.

Subsec. (p)(7)(F). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(J), added=20 subpar. (F) and struck out heading and text of former subpar. (F). Text = read as=20 follows:

=E2=80=9C(i) Compensation of=20 members.=E2=80=94Each member of the Subcommittee shall be = compensated at=20 a rate of $25,000 per year.

=E2=80=9C(ii) Compensation of=20 chairperson.=E2=80=94Notwithstanding clause (i), the = chairperson of the=20 Subcommittee shall be compensated at a rate of $40,000 per year.

=E2=80=9C(iii) = Staff.=E2=80=94The chairperson of=20 the Subcommittee may appoint and terminate any personnel that may be = necessary=20 to enable the Subcommittee to perform its duties.

=E2=80=9C(iv) Procurement of = temporary and intermittent=20 services.=E2=80=94The chairperson of the Subcommittee may = procure=20 temporary and intermittent services under section 3109(b) of title 5, = United=20 States Code.=E2=80=9D

Pub. L. 108=E2=80=93176, =C2=A7202(14)(C), = redesignated subpar (D) as (F).=20 Former subpar. (F) redesignated (H).

Subsec. (p)(7)(G). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(K), substituted=20 =E2=80=9CCommittee=E2=80=9D for =E2=80=9CSubcommittee=E2=80=9D wherever = appearing, redesignated cls. (ii) to=20 (iv) as (i) to (iii), respectively, and struck out former cl. (i) which = read as=20 follows: =E2=80=9CTerm of = chair.=E2=80=94The members of the=20 Subcommittee shall elect for a 2-year term a chairperson from among the = members=20 of the Subcommittee.=E2=80=9D

Pub. L. 108=E2=80=93176, =C2=A7202(14)(C), = redesignated subpar. (E) as=20 (G).

Subsec. (p)(7)(H). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(C), redesignated=20 subpar. (F) as (H).

Subsec. (p)(7)(H)(i). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(L)(i), (ii),=20 substituted =E2=80=9CCommittee shall=E2=80=9D for =E2=80=9CSubcommittee = shall=E2=80=9D and =E2=80=9CSecretary=E2=80=9D for=20 =E2=80=9CAdministrator, the Council=E2=80=9D.

Subsec. (p)(7)(H)(ii). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(L),=20 substituted =E2=80=9CCommittee under=E2=80=9D for =E2=80=9CSubcommittee = under=E2=80=9D, =E2=80=9Csubparagraph (D)(i)=E2=80=9D=20 for =E2=80=9Csubparagraph (B)(i)=E2=80=9D, =E2=80=9CCommittee = shall=E2=80=9D for =E2=80=9CSubcommittee shall=E2=80=9D, and=20 =E2=80=9CSecretary=E2=80=9D for =E2=80=9CAdministrator, the = Council=E2=80=9D.

Subsec. (p)(7)(H)(iii), (iv). Pub. L. = 108=E2=80=93176,=20 =C2=A7202(14)(L)(i), in cl. (iii) substituted =E2=80=9CCommittee = under=E2=80=9D for =E2=80=9CSubcommittee=20 under=E2=80=9D and =E2=80=9CCommittee, the=E2=80=9D for = =E2=80=9CSubcommittee, the=E2=80=9D and in cl. (iv) substituted=20 =E2=80=9CCommittee in=E2=80=9D for =E2=80=9CSubcommittee = in=E2=80=9D.

Subsec. (p)(7)(I). Pub. L. 108=E2=80=93176, = =C2=A7202(14)(M), added=20 subpar. (I).

Subsec. (r)(1)(A), (2)(A). Pub. L. 108=E2=80=93176, = =C2=A7203(1),=20 substituted =E2=80=9CAir Traffic Services Committee=E2=80=9D for = =E2=80=9CAir Traffic Services=20 Subcommittee of the Aviation Management Advisory Council=E2=80=9D.

Subsec. (r)(2)(B). Pub. L. 108=E2=80=93176, = =C2=A7203(2), inserted =E2=80=9Cin=E2=80=9D=20 before =E2=80=9Cparagraph (3)=E2=80=9D.

Subsec. (r)(3). Pub. L. 108=E2=80=93176, = =C2=A7203(3), substituted =E2=80=9CAir=20 Traffic Services Committee=E2=80=9D for =E2=80=9CAir Traffic Control = Subcommittee of the=20 Aviation Management Advisory Committee=E2=80=9D.

Subsec. (r)(4). Pub. L. 108=E2=80=93176, = =C2=A7203(4), substituted=20 =E2=80=9CTransportation, the Committee on Transportation and = Infrastructure of the House=20 of Representatives, and the Committee on Commerce, Science, and = Transportation=20 of the Senate=E2=80=9D for =E2=80=9CTransportation and = Congress=E2=80=9D.

Subsec. (r)(5)(A). Pub. L. 108=E2=80=93176, = =C2=A7203(5), in introductory=20 provisions substituted =E2=80=9Cimplement the=E2=80=9D for = =E2=80=9Cdevelop a=E2=80=9D and =E2=80=9Cin order to further=E2=80=9D=20 for =E2=80=9C, including the establishment of=E2=80=9D.

Subsec. (r)(5)(B). Pub. L. 108=E2=80=93176, = =C2=A7203(6)(A), substituted=20 =E2=80=9Coversee the day-to-day operational functions of the = Administration for air=20 traffic control,=E2=80=9D for =E2=80=9Creview the operational functions = of the Administration,=E2=80=9D=20 in introductory provisions.

Subsec. (r)(5)(B)(iv). Pub. L. 108=E2=80=93176, = =C2=A7203(6)(B)=E2=80=93(D), added=20 cl. (iv).

Subsec. (r)(5)(C)(i). Pub. L. 108=E2=80=93176, = =C2=A7203(7), struck out=20 =E2=80=9Cprepared by the Administrator=E2=80=9D after =E2=80=9Cair = traffic control system=E2=80=9D.

Subsec. (r)(5)(C)(ii). Pub. L. 108=E2=80=93176, = =C2=A7203(8), substituted=20 =E2=80=9Cand the Committee=E2=80=9D for =E2=80=9Cand the Secretary of = Transportation=E2=80=9D.

Subsec. (r)(5)(C)(iii). Pub. L. 108=E2=80=93176, = =C2=A7203(9), inserted=20 =E2=80=9Cagency's=E2=80=9D before =E2=80=9Cannual=E2=80=9D and = substituted =E2=80=9Cfor air traffic control services=E2=80=9D=20 for =E2=80=9Cdeveloped under subparagraph (A) of this = subsection=E2=80=9D.

2001=E2=80=94Subsec. (m). Pub. L. = 107=E2=80=9371, =C2=A7101(d), substituted=20 =E2=80=9Csupplies, personnel, services, and=E2=80=9D for = =E2=80=9Csupplies and=E2=80=9D in last sentence.

Subsec. (r)(2)(A). Pub. L. 107=E2=80=9371, = =C2=A7101(c)(3), amended=20 heading and text of subpar. (A) generally. Prior to amendment, text read = as=20 follows: =E2=80=9CThe Chief Operating Officer shall be paid at an annual = rate of basic=20 pay equal to the annual rate of basic pay of the Administrator. The = Chief=20 Operating Officer shall be subject to the post-employment provisions of = section=20 207 of title 18 as if this position were described in section = 207(c)(2)(A)(i) of=20 that title.=E2=80=9D

2000=E2=80=94Subsec. (f)(3)(A). Pub. L. = 106=E2=80=93181, =C2=A7306,=20 inserted at end =E2=80=9COn February 1 and August 1 of each year the = Administrator shall=20 submit to the Committee on Transportation and Infrastructure of the = House of=20 Representatives and the Committee on Commerce, Science, and = Transportation of=20 the Senate a letter listing each deadline the Administrator missed under = this=20 subparagraph during the 6-month period ending on such date, including an = explanation for missing the deadline and a projected date on which the = action=20 that was subject to the deadline will be taken.=E2=80=9D

Subsec. (f)(3)(B)(i). Pub. L. 106=E2=80=93181, = =C2=A7305(1), (2), in=20 introductory provisions, substituted =E2=80=9C$250,000,000=E2=80=9D for = =E2=80=9C$100,000,000=E2=80=9D and=20 =E2=80=9CWendell H. Ford Aviation Investment and Reform Act for the 21st = Century=E2=80=9D for=20 =E2=80=9CAir Traffic Management System Performance Improvement Act of = 1996=E2=80=9D.

Subsec. (f)(3)(B)(i)(I). Pub. L. 106=E2=80=93181, = =C2=A7305(1), (3),=20 substituted =E2=80=9C$250,000,000=E2=80=9D for = =E2=80=9C$100,000,000=E2=80=9D and inserted =E2=80=9Csubstantial = and=E2=80=9D=20 before =E2=80=9Cmaterial=E2=80=9D and =E2=80=9Cor=E2=80=9D after = semicolon at end.

Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. = 106=E2=80=93181, =C2=A7305(4),=20 added subcl. (II) and struck out former subcls. (II) to (IV) which read = as=20 follows:

=E2=80=9C(II) create a serious inconsistency or = otherwise interfere=20 with an action taken or planned by another agency;

=E2=80=9C(III) materially alter the budgetary = impact of entitlements,=20 grants, user fees, or loan programs or the rights and obligations of = recipients=20 thereof; or

=E2=80=9C(IV) raise novel legal or policy issues = arising out of legal=20 mandates.=E2=80=9D

Subsec. (g)(1)(A). Pub. L. 106=E2=80=93181, = =C2=A7701, substituted=20 =E2=80=9C40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, = chapter 445=20 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, = 44506,=20 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, = 44718(a),=20 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except = sections 44903(d), 44904, 44905, 44907=E2=80=9344911, 44913, 44915, and = 44931=E2=80=9344934),=20 chapter 451, chapter 453, sections=E2=80=9D for =E2=80=9C40113(a), (c), = and (d), 40114(a),=20 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, = 44508,=20 44511=E2=80=9344513, 44701=E2=80=9344716, 44718(c), 44721(a), 44901, = 44902, 44903(a)=E2=80=93(c) and=20 (e), 44906, 44912, 44935=E2=80=9344937, and 44938(a) and (b), chapter = 451, sections=20 45302=E2=80=9345304,=E2=80=9D.

Subsec. (k). Pub. L. 106=E2=80=93181, =C2=A7103(a), = amended heading and=20 text of subsec. (k) generally. Prior to amendment, text read as follows: = =E2=80=9CThere=20 is authorized to be appropriated to the Secretary of Transportation for=20 operations of the Administration $5,632,000,000 for fiscal year = 1999.=E2=80=9D

Subsec. (l)(1). Pub. L. 106=E2=80=93181, = =C2=A7307(c)(1),=20 substituted =E2=80=9Csubsections (a) and (g) of section 40122=E2=80=9D = for =E2=80=9Csection 40122(a) of=20 this title and section 347 of Public Law 104=E2=80=9350=E2=80=9D.

Subsec. (p)(2). Pub. L. 106=E2=80=93528, which = directed the=20 substitution of =E2=80=9C18=E2=80=9D for =E2=80=9C15=E2=80=9D in section = 106(p)(2), without specifying the Code=20 title to be amended, was executed by making the substitution in the = introductory=20 provisions of subsec. (p)(2) of this section, to reflect the probable = intent of=20 Congress.

Subsec. (p)(2)(C) to (E). Pub. L. 106=E2=80=93181, = =C2=A7302(a)(1), added=20 subpars. (C) to (E) and struck out former subpar. (C) which read as = follows: =E2=80=9C13=20 members representing aviation interests, appointed by the President by = and with=20 the advice and consent of the Senate.=E2=80=9D

Subsec. (p)(3). Pub. L. 106=E2=80=93181, = =C2=A7302(a)(2), designated=20 existing provisions as subpar. (A), inserted subpar. heading, realigned = margins,=20 inserted =E2=80=9Cor (2)(E)=E2=80=9D after =E2=80=9Cparagraph = (2)(C)=E2=80=9D, and added subpars. (B) and=20 (C).

Subsec. (p)(6). Pub. L. 106=E2=80=93181, = =C2=A7302(b), added subpars. (A)=20 to (I), redesignated former subpars. (B) to (D) as (J) to (L), = respectively, and=20 struck out former subpar. (A) which related to terms of members = appointed to the=20 Advisory Council.

Subsec. (p)(7), (8). Pub. L. 106=E2=80=93181, = =C2=A7302(c), added pars.=20 (7) and (8).

Subsec. (r). Pub. L. 106=E2=80=93181, =C2=A7303, = added subsec. (r).

1999=E2=80=94Subsec. (k). Pub. L. = 106=E2=80=936 substituted=20 =E2=80=9C$5,632,000,000 for fiscal year 1999.=E2=80=9D for = =E2=80=9C$5,158,000,000 for fiscal year 1997=20 and $5,344,000,000 for fiscal year 1998.=E2=80=9D

1997=E2=80=94Subsec. (g)(1)(A). Pub. L. = 105=E2=80=93102 added Pub. L.=20 104=E2=80=93264, =C2=A7276(c). See 1996 Amendment note below.

1996=E2=80=94Subsec. (b). Pub. L. = 104=E2=80=93287 substituted =E2=80=9CAugust=20 23, 1994,=E2=80=9D for =E2=80=9Cthe date of the enactment of this = sentence=E2=80=9D.

Pub. L. 104=E2=80=93264, =C2=A7223(a)(1), = substituted =E2=80=9CExcept as provided=20 in subsection (f) or in other provisions of law, the = Administrator=E2=80=9D for =E2=80=9CThe=20 Administrator=E2=80=9D.

Subsec. (f). Pub. L. 104=E2=80=93264, = =C2=A7223(a)(2), inserted subsec.=20 heading, designated existing provisions as par. (1), inserted par. (1) = heading,=20 substituted =E2=80=9CExcept as provided in paragraph (2), the = Secretary=E2=80=9D for =E2=80=9CThe=20 Secretary=E2=80=9D, realigned margins, substituted =E2=80=9CNeither the = Secretary nor the=20 Administrator may=E2=80=9D for =E2=80=9CThe Secretary may not=E2=80=9D = and =E2=80=9Cor be bound=E2=80=9D for =E2=80=9Cnor be=20 bound=E2=80=9D, and added pars. (2) and (3).

Subsec. (f)(3). Pub. L. 104=E2=80=93264, = =C2=A7224(2), added par. (3).=20 Former par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 104=E2=80=93264, = =C2=A7224(1), redesignated par.=20 (3) as (4).

Subsec. (g)(1)(A). Pub. L. 104=E2=80=93264, = =C2=A7276(c), as added by Pub.=20 L. 105=E2=80=93102, substituted =E2=80=9C45302=E2=80=9345304=E2=80=9D = for =E2=80=9C45302, 45303=E2=80=9D.

Subsec. (k). Pub. L. 104=E2=80=93264, =C2=A7103(a), = substituted=20 =E2=80=9C$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for = fiscal year 1998.=E2=80=9D=20 for =E2=80=9C$4,088,000,000 for fiscal year 1991, $4,412,600,000 for = fiscal year 1992,=20 $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year = 1994,=20 $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year=20 1996.=E2=80=9D

Subsec. (l). Pub. L. 104=E2=80=93264, = =C2=A7225, added subsec.=20 (l).

Subsec. (l)(6). Pub. L. 104=E2=80=93264, = =C2=A7226, added par.=20 (6).

Subsec. (m). Pub. L. 104=E2=80=93264, =C2=A7227, = added subsec. (m).

Subsec. (n). Pub. L. 104=E2=80=93264, =C2=A7228, = added subsec. (n).

Subsec. (o). Pub. L. 104=E2=80=93264, = =C2=A7229, added subsec.=20 (o).

Subsec. (p). Pub. L. 104=E2=80=93264, =C2=A7230, = added subsec. (p).

Subsec. (q). Pub. L. 104=E2=80=93264, =C2=A71210, = added subsec. (q).

1994=E2=80=94Subsec. (b). Pub. L. = 103=E2=80=93305, =C2=A7201, inserted at=20 end =E2=80=9CThe term of office for any individual appointed as = Administrator after the=20 date of the enactment of this sentence shall be 5 years.=E2=80=9D

Subsec. (f). Pub. L. 103=E2=80=93272, = =C2=A74(j)(3)(A), substituted=20 =E2=80=9CSecretary of Transportation shall=E2=80=9D for = =E2=80=9CSecretary shall=E2=80=9D.

Subsec. (g). Pub. L. 103=E2=80=93272, = =C2=A74(j)(3)(B), inserted heading=20 and amended text generally. Prior to amendment, text read as follows: = =E2=80=9CThe=20 Administrator shall carry out=E2=80=94

=E2=80=9C(1) duties and powers of the Secretary = related to=20 aviation safety (except those related to transportation, packaging, = marking, or=20 description of hazardous materials) and vested in the Secretary by = section=20 308(b) of this title and sections 306=E2=80=93309, 312=E2=80=93314, = 315=E2=80=93316 (except for the=20 duties and powers vested in the Director of Intelligence and Security by = or=20 under section 101 of the Aviation Security Improvement Act of 1990), = 1101, 1105,=20 and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of = 1958 (49=20 App. U.S.C. 1347=E2=80=931350, 1353=E2=80=931355, 1421 et seq., 1441 et = seq., 1471 et seq.,=20 1501, 1505, 1511, and 1521 et seq.); and

=E2=80=9C(2) additional duties and powers = prescribed by the=20 Secretary.=E2=80=9D

Subsec. (h). Pub. L. 103=E2=80=93272, = =C2=A75(m)(4)(A), substituted=20 =E2=80=9CSection 40101(d) of this title=E2=80=9D for =E2=80=9CSection = 103 of the Federal Aviation Act of=20 1958 (49 App. U.S.C. 1303)=E2=80=9D.

Subsec. (j). Pub. L. 103=E2=80=93272, = =C2=A75(m)(4)(B), substituted=20 =E2=80=9Csection 44507 of this title=E2=80=9D for =E2=80=9Csection = 312(e) of the Federal Aviation Act of=20 1958=E2=80=9D.

Subsec. (k). Pub. L. 103=E2=80=93305, =C2=A7103, = substituted=20 =E2=80=9C, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for = fiscal year=20 1995, and $4,810,000,000 for fiscal year 1996=E2=80=9D for = =E2=80=9C, $5,100,000,000 for=20 fiscal year 1994, and $5,520,000,000 for fiscal year 1995=E2=80=9D.

Pub. L. 103=E2=80=93272, =C2=A74(j)(3)(C), inserted = =E2=80=9Cto the Secretary of=20 Transportation=E2=80=9D after =E2=80=9Cappropriated=E2=80=9D.

1992=E2=80=94Subsec. (k). Pub. L. = 102=E2=80=93581 substituted =E2=80=9C1991,=E2=80=9D=20 for =E2=80=9C1991 and=E2=80=9D and inserted before period at end = =E2=80=9C, $4,716,500,000 for=20 fiscal year 1993, $5,100,000,000 for fiscal year 1994, and = $5,520,000,000 for=20 fiscal year 1995=E2=80=9D.

1990=E2=80=94Subsec. (g)(1). Pub. L. = 101=E2=80=93604 inserted =E2=80=9C315=E2=80=93316=20 (except for the duties and powers vested in the Director of Intelligence = and=20 Security by or under section 101 of the Aviation Security Improvement = Act of=20 1990),=E2=80=9D after =E2=80=9C312=E2=80=93314,=E2=80=9D.

Subsec. (k). Pub. L. 101=E2=80=93508 added subsec. = (k).

1988=E2=80=94Subsec. (j). Pub. L. = 100=E2=80=93591 added subsec.=20 (j).

1984=E2=80=94Subsecs. (g)(1), (h). Pub. L. = 98=E2=80=93216 substituted=20 =E2=80=9C49 App. U.S.C.=E2=80=9D for =E2=80=9C49 = U.S.C.=E2=80=9D.

Effective Date of 2003 Amendment

Pub. L. 108=E2=80=93176, =C2=A73, Dec. 12, 2003, = 117 Stat. 2493, provided=20 that: =E2=80=9CExcept as otherwise specifically provided, this Act [see = Tables for=20 classification] and the amendments made by this Act shall apply only to = fiscal=20 years beginning after September 30, 2003.=E2=80=9D

Effective Date of 2000 Amendments

Pub. L. 106=E2=80=93528, =C2=A79, Nov. 22, 2000, = 114 Stat. 2523, provided=20 that: =E2=80=9CExcept as otherwise expressly provided, this Act = [amending this section=20 and sections 41104, 44903, 44935, and 44936 of this title, enacting = provisions=20 set out as notes under sections 40101, 44903, and 44936 of this title, = and=20 amending provisions set out as notes under sections 40128 and 47501 of = this=20 title] and the amendments made by this Act shall take effect 30 days = after the=20 date of enactment of this Act [Nov. 22, 2000].=E2=80=9D

Pub. L. 106=E2=80=93181, =C2=A73, Apr. 5, 2000, 114 = Stat. 64, provided=20 that: =E2=80=9CExcept as otherwise specifically provided, this Act [see = Tables for=20 classification] and the amendments made by this Act shall apply only to = fiscal=20 years beginning after September 30, 1999.=E2=80=9D

Pub. L. 106=E2=80=93181, title III, =C2=A7302(d), = Apr. 5, 2000, 114 Stat.=20 121, provided that:

=E2=80=9C(1) In = general.=E2=80=94The amendments=20 made by this section [amending this section] shall take effect on the = date of=20 the enactment of this Act [Apr. 5, 2000].

=E2=80=9C(2) Initial nominations to = air traffic=20 services subcommittee.=E2=80=94The Secretary [of = Transportation] shall=20 make the initial appointments of the Air Traffic Services Subcommittee = of the=20 Aviation Management Advisory Council not later than 3 months after the = date of=20 the enactment of this Act.

=E2=80=9C(3) Effect on actions prior = to appointment of=20 subcommittee.=E2=80=94Nothing in this section shall be = construed to invalidate the actions and authority of = the Federal=20 Aviation Administration prior to the appointment of the members of the = Air=20 Traffic Services Subcommittee.=E2=80=9D

Effective Date of 1997 Amendment

Pub. L. 105=E2=80=93102, =C2=A73(c), Nov. 20, 1997, = 111 Stat. 2215,=20 provided that the amendment made by section 3(c)(3) is effective Oct. 9, = 1996.

Pub. L. 105=E2=80=93102, =C2=A73(f), Nov. 20, 1997, = 111 Stat. 2216,=20 provided that: =E2=80=9CThe amendments made by subsections (a) through = (d) of this=20 section [amending this section and sections 5302, 30501 to 30504, 45301, = 46301,=20 46316, 47117, and 47128 of this title, renumbering section 40121 of this = title=20 as 40124 of this title, and amending provisions set out as notes under = sections=20 5303 and 47117 of this title] shall take effect as if included in the = provisions=20 of the Acts to which the amendments relate.=E2=80=9D

Effective Date of 1996 Amendment

Section 3 of Pub. L. 104=E2=80=93264 provided = that:

=E2=80=9C(a) In = General.=E2=80=94Except as=20 otherwise specifically provided, this Act [see Tables for = classification] and=20 the amendments made by this Act apply only to fiscal years beginning = after=20 September 30, 1996.

=E2=80=9C(b) Limitation on Statutory=20 Construction.=E2=80=94Nothing in this Act or any = amendment made by this=20 Act shall be construed as affecting funds made available for a fiscal = year=20 ending before October 1, 1996.=E2=80=9D

Section 203 of title II of Pub. L. 104=E2=80=93264 = provided that:=20 =E2=80=9CThe provisions of this title [enacting sections 40121, 40122, = 45301, 45303,=20 48111, and 48201 of this title, amending this section and section 41742 = of this=20 title, renumbering section 45303 of this title as section 45304, = repealing=20 section 45301 of this title, and enacting provisions set out as notes = under this=20 section and sections 40101, 40110, and 41742 of this title] and the = amendments=20 made by this title shall take effect on the date that is 30 days after = the date=20 of the enactment of this Act [Oct. 9, 1996].=E2=80=9D

Deemed References to Chapters 509 and 511 of Title = 51

General references to =E2=80=9Cthis title=E2=80=9D = deemed to refer also to=20 chapters 509 and 511 of Title 51, National and Commercial Space = Programs, see=20 section 4(d)(8) of Pub. L. 111=E2=80=93314, set out as a note under = section 101 of this=20 title.

Federal Aviation Administration Science and = Technology=20 Scholarship Program

Pub. L. 108=E2=80=93176, title VII, =C2=A7702, Dec. = 12, 2003, 117 Stat.=20 2576, provided that:

=E2=80=9C(a)(1) The Administrator of the Federal = Aviation=20 Administration shall establish a Federal Aviation Administration Science = and=20 Technology Scholarship Program to award scholarships to individuals that = is=20 designed to recruit and prepare students for careers in the Federal = Aviation=20 Administration.

=E2=80=9C(2) Individuals shall be selected to = receive scholarships=20 under this section through a competitive process primarily on the basis = of=20 academic merit, with consideration given to financial need and the goal = of=20 promoting the participation of individuals identified in section 33 or = 34 of the=20 Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, = 1885b].

=E2=80=9C(3) To carry out the Program the = Administrator shall enter=20 into contractual agreements with individuals selected under paragraph = (2) under=20 which the individuals agree to serve as full-time employees of the = Federal=20 Aviation Administration, for the period described in subsection (f)(1), = in=20 positions needed by the Federal Aviation Administration and for which = the=20 individuals are qualified, in exchange for receiving a scholarship.

=E2=80=9C(b) In order to be eligible to participate = in the Program,=20 an individual must=E2=80=94

=E2=80=9C(1) be enrolled or accepted for = enrollment as a=20 full-time student at an institution of higher education, as a junior or = senior=20 undergraduate or graduate student, in an academic field or discipline = described=20 in the list made available under subsection (d);

=E2=80=9C(2) be a United States citizen or = permanent resident;=20 and

=E2=80=9C(3) at the time of the initial = scholarship award, not be=20 an employee (as defined in section 2105 of title 5, United States = Code).

=E2=80=9C(c) An individual seeking a scholarship = under this section=20 shall submit an application to the Administrator at such time, in such = manner,=20 and containing such information, agreements, or assurances as the = Administrator=20 may require.

=E2=80=9C(d) The Administrator shall make publicly = available a list=20 of academic programs and fields of study for which scholarships under = the=20 Program may be utilized and shall update the list as necessary.

=E2=80=9C(e)(1) The Administrator may provide a = scholarship under the=20 Program for an academic year if the individual applying for the = scholarship has=20 submitted to the Administrator, as part of the application required = under=20 subsection (c), a proposed academic program leading to a degree in a = program or=20 field of study on the list made available under subsection (d).

=E2=80=9C(2) An individual may not receive a = scholarship under this=20 section for more than 4 academic years, unless the Administrator grants = a=20 waiver.

=E2=80=9C(3) The dollar amount of a scholarship = under this section=20 for an academic year shall be determined under regulations issued by the = Administrator, but shall in no case exceed the cost of attendance.

=E2=80=9C(4) A scholarship provided under this = section may be=20 expended for tuition, fees, and other authorized expenses as established = by the=20 Administrator by regulation.

=E2=80=9C(5) The Administrator may enter into a = contractual agreement=20 with an institution of higher education under which the amounts provided = for a=20 scholarship under this section for tuition, fees, and other authorized = expenses=20 are paid directly to the institution with respect to which the = scholarship is=20 provided.

=E2=80=9C(f)(1) The period of service for which an = individual shall=20 be obligated to serve as an employee of the Federal Aviation = Administration is,=20 except as provided in subsection (h)(2), 24 months for each academic = year for=20 which a scholarship under this section is provided.

=E2=80=9C(2)(A) Except as provided in subparagraph = (B), obligated=20 service under paragraph (1) shall begin not later than 60 days after the = individual obtains the educational degree for which the scholarship was=20 provided.

=E2=80=9C(B) The Administrator may defer the = obligation of an=20 individual to provide a period of service under paragraph (1) if the=20 Administrator determines that such a deferral is appropriate. The = Administrator=20 shall prescribe the terms and conditions under which a service = obligation may be=20 deferred through regulation.

=E2=80=9C(g)(1) Scholarship recipients who fail to = maintain a high=20 level of academic standing, as defined by the Administrator by = regulation, who=20 are dismissed from their educational institutions for disciplinary = reasons, or=20 who voluntarily terminate academic training before graduation from the=20 educational program for which the scholarship was awarded, shall be in = breach of=20 their contractual agreement and, in lieu of any service obligation = arising under=20 such agreement, shall be liable to the United States for repayment = within 1 year=20 after the date of default of all scholarship funds paid to them and to = the=20 institution of higher education on their behalf under the agreement, = except as=20 provided in subsection (h)(2). The repayment period may be extended by = the=20 Administrator when determined to be necessary, as established by = regulation.

=E2=80=9C(2) Scholarship recipients who, for any = reason, fail to=20 begin or complete their service obligation after completion of academic=20 training, or fail to comply with the terms and conditions of deferment=20 established by the Administrator pursuant to subsection (f)(2)(B), shall = be in=20 breach of their contractual agreement. When recipients breach their = agreements=20 for the reasons stated in the preceding sentence, the recipient shall be = liable=20 to the United States for an amount equal to=E2=80=94

=E2=80=9C(A) the total amount of scholarships = received by such=20 individual under this section; plus

=E2=80=9C(B) the interest on the amounts of = such awards which=20 would be payable if at the time the awards were received they were loans = bearing=20 interest at the maximum legal prevailing rate, as determined by the = Treasurer of=20 the United States,

multiplied by 3.

=E2=80=9C(h)(1) Any obligation of an individual = incurred under the=20 Program (or a contractual agreement thereunder) for service or payment = shall be=20 canceled upon the death of the individual.

=E2=80=9C(2) The Administrator shall by regulation = provide for the=20 partial or total waiver or suspension of any obligation of service or = payment=20 incurred by an individual under the Program (or a contractual agreement=20 thereunder) whenever compliance by the individual is impossible or would = involve=20 extreme hardship to the individual, or if enforcement of such obligation = with=20 respect to the individual would be contrary to the best interests of the = Government.

=E2=80=9C(i) For purposes of this = section=E2=80=94

=E2=80=9C(1) the term =E2=80=98cost of = attendance=E2=80=99 has the meaning given=20 that term in section 472 of the Higher Education Act of 1965 [20 U.S.C.=20 1087ll];

=E2=80=9C(2) the term =E2=80=98institution of = higher education=E2=80=99 has the=20 meaning given that term in section 101(a) of the Higher Education Act of = 1965=20 [20 U.S.C. 1001(a)]; and

=E2=80=9C(3) the term =E2=80=98Program=E2=80=99 = means the Federal Aviation=20 Administration Science and Technology Scholarship Program established = under this=20 section.

=E2=80=9C(j)(1) There is authorized to be = appropriated to the Federal=20 Aviation Administration for the Program $10,000,000 for each fiscal = year.

=E2=80=9C(2) Amounts appropriated under this = section shall remain=20 available for 2 fiscal years.

=E2=80=9C(k) The Administrator may provide = temporary internships to=20 full-time students enrolled in an undergraduate or post-graduate program = leading=20 to an advanced degree in an aerospace-related or aviation safety-related = field=20 of endeavor.=E2=80=9D

Internet Availability of Information

Pub. L. 106=E2=80=93181, title IX, =C2=A7903, Apr. = 5, 2000, 114 Stat. 196,=20 provided that: =E2=80=9CThe Administrator [of the Federal Aviation = Administration] shall=20 make available through the Internet home page of the Federal Aviation=20 Administration the abstracts relating to all research grants and awards = made=20 with funds authorized by the amendments made by this Act [see Tables for = classification]. Nothing in this section shall be construed to require = or permit=20 the release of any information prohibited by law or regulation from = being=20 released to the public.=E2=80=9D

Findings

Section 221 of Pub. L. 104=E2=80=93264 provided = that: =E2=80=9CCongress finds=20 the following:

=E2=80=9C(1) In many respects the = Administration is a unique=20 agency, being one of the few non-defense government agencies that = operates 24=20 hours a day, 365 days of the year, while continuing to rely on outdated=20 technology to carry out its responsibilities for a state-of-the-art=20 industry.

=E2=80=9C(2) Until January 1, 1996, users of = the air=20 transportation system paid 70 percent of the budget of the = Administration, with=20 the remaining 30 percent coming from the General Fund. The General Fund=20 contribution over the years is one measure of the benefit received by = the=20 general public, military, and other users of Administration's = services.

=E2=80=9C(3) The Administration must become a = more efficient,=20 effective, and different organization to meet future challenges.

=E2=80=9C(4) The need to balance the Federal = budget means that it=20 may become more and more difficult to obtain sufficient General Fund=20 contributions to meet the Administration's future budget needs.

=E2=80=9C(5) Congress must keep its commitment = to the users of=20 the national air transportation system by seeking to spend all moneys = collected=20 from them each year and deposited into the Airport and Airway Trust = Fund.=20 Existing surpluses representing past receipts must also be spent for the = purposes for which such funds were collected.

=E2=80=9C(6) The aviation community and the = employees of the=20 Administration must come together to improve the system. The = Administration must=20 continue to recognize who its customers are and what their needs are, = and to=20 design and redesign the system to make safety improvements and increase=20 productivity.

=E2=80=9C(7) The Administration projects that = commercial=20 operations will increase by 18 percent and passenger traffic by 35 = percent by=20 the year 2002. Without effective airport expansion and system = modernization,=20 these needs cannot be met.

=E2=80=9C(8) Absent significant and meaningful = reform, future=20 challenges and needs cannot be met.

=E2=80=9C(9) The Administration must have a new = way of doing=20 business.

=E2=80=9C(10) There is widespread agreement = within government and=20 the aviation industry that reform of the Administration is essential to = safely=20 and efficiently accommodate the projected growth of aviation within the = next=20 decade.

=E2=80=9C(11) To the extent that Congress = determines that certain=20 segments of the aviation community are not required to pay all of the = costs of=20 the government services which they require and benefits which they = receive,=20 Congress should appropriate the difference between such costs and any = receipts=20 received from such segment.

=E2=80=9C(12) Prior to the imposition of any = new charges or user=20 fees on segments of the industry, an independent review must be = performed to=20 assess the funding needs and assumptions for operations, capital = spending, and=20 airport infrastructure.

=E2=80=9C(13) An independent, thorough, and = complete study and=20 assessment must be performed of the costs to the Administration and the = costs=20 driven by each segment of the aviation system for safety and operational = services, including the use of the air traffic control system and the = Nation's=20 airports.

=E2=80=9C(14) Because the Administration is a = unique Federal=20 entity in that it is a participant in the daily operations of an = industry, and=20 because the national air transportation system faces significant = problems=20 without significant changes, the Administration has been authorized to = change=20 the Federal procurement and personnel systems to ensure that the = Administration=20 has the ability to keep pace with new technology and is able to match = resources=20 with the real personnel needs of the Administration.

=E2=80=9C(15) The existing budget system does = not allow for=20 long-term planning or timely acquisition of technology by the=20 Administration.

=E2=80=9C(16) Without reforms in the areas of = procurement,=20 personnel, funding, and governance, the Administration will continue to=20 experience delays and cost overruns in its major modernization programs = and=20 needed improvements in the performance of the air traffic management = system will=20 not occur.

=E2=80=9C(17) All reforms should be designed to = help the=20 Administration become more responsive to the needs of its customers and = maintain=20 the highest standards of safety.=E2=80=9D

Purposes

Section 222 of title II of Pub. L. 104=E2=80=93264 = provided that:=20 =E2=80=9CThe purposes of this title [see Effective Date of 1996 = Amendment note set out=20 above] are=E2=80=94

=E2=80=9C(1) to ensure that final action shall = be taken on all=20 notices of proposed rulemaking of the Administration within 18 months = after the=20 date of their publication;

=E2=80=9C(2) to permit the Administration, with = Congressional=20 review, to establish a program to improve air traffic management system=20 performance and to establish appropriate levels of cost accountability = for air=20 traffic management services provided by the Administration;

=E2=80=9C(3) to establish a more autonomous and = accountable=20 Administration within the Department of Transportation; and

=E2=80=9C(4) to make the Administration a more = efficient and=20 effective organization, able to meet the needs of a dynamic, growing = industry,=20 and to ensure the safety of the traveling public.=E2=80=9D

Preservation of Existing Authority

Section 223(b) of title II of Pub. L. = 104=E2=80=93264 provided that:=20 =E2=80=9CNothing in this title [see Effective Date of 1996 Amendment = note set out above]=20 or the amendments made by this title limits any authority granted to the = Administrator by statute or by delegation that was in effect on the day = before=20 the date of the enactment of this Act [Oct. 9, 1996].=E2=80=9D

Personnel Management System for Federal Aviation=20 Administration

Pub. L. 104=E2=80=9350, title III, =C2=A7347, Nov. = 15, 1995, 109 Stat.=20 460, as amended by Pub. L. 104=E2=80=93122, Mar. 29, 1996, 110 Stat. = 876; Pub. L.=20 105=E2=80=93339, =C2=A75, Oct. 31, 1998, 112 Stat. 3187, which required = the Administrator of=20 the Federal Aviation Administration to develop and implement, not later = than=20 Jan. 1, 1996, a personnel management system, exempt from most provisions = of=20 Title 5, Government Organization and Employees, to provide for greater=20 flexibility in the hiring, training, compensation, and location of = personnel,=20 was repealed by Pub. L. 106=E2=80=93181, title III, =C2=A7307(d), Apr. = 5, 2000, 114 Stat.=20 126.

Dependents of Federal Aviation Administration = Personnel

Pub. L. 106=E2=80=93346, =C2=A7101(a) [title III, = =C2=A7303], Oct. 23, 2000,=20 114 Stat. 1356, 1356A=E2=80=9323, provided that: =E2=80=9CHereafter, = funds appropriated under=20 this or any other Act for expenditures by the Federal Aviation = Administration=20 shall be available: (1) except as otherwise authorized by title VIII of = the=20 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), = for=20 expenses of primary and secondary schooling for dependents of Federal = Aviation=20 Administration personnel stationed outside the continental United States = at=20 costs for any given area not in excess of those of the Department of = Defense for=20 the same area, when it is determined by the Secretary that the schools, = if any,=20 available in the locality are unable to provide adequately for the = education of=20 such dependents; and (2) for transportation of said dependents between = schools=20 serving the area that they attend and their places of residence when the = Secretary, under such regulations as may be prescribed, determines that = such=20 schools are not accessible by public means of transportation on a = regular=20 basis.=E2=80=9D

Similar provisions were contained in the following = prior=20 appropriation acts:

Pub. L. 106=E2=80=9369, title III, =C2=A7303, Oct. = 9, 1999, 113 Stat.=20 1015.

Pub. L. 105=E2=80=93277, div. A, =C2=A7101(g) = [title III, =C2=A7303], Oct. 21,=20 1998, 112 Stat. 2681=E2=80=93439, 2681=E2=80=93464.

Pub. L. 105=E2=80=9366, title III, =C2=A7303, Oct. = 27, 1997, 111 Stat.=20 1441.

Pub. L. 104=E2=80=93205, title III, =C2=A7303, = Sept. 30, 1996, 110 Stat.=20 2968.

Pub. L. 104=E2=80=9350, title III, =C2=A7303, Nov. = 15, 1995, 109 Stat.=20 453.

Pub. L. 103=E2=80=93331, title III, =C2=A7303, = Sept. 30, 1994, 108 Stat.=20 2488.

Pub. L. 103=E2=80=93122, title III, =C2=A7303, Oct. = 27, 1993, 107 Stat.=20 1219.

Pub. L. 102=E2=80=93388, title III, =C2=A7303, Oct. = 6, 1992, 106 Stat.=20 1543.

Pub. L. 102=E2=80=93143, title III, =C2=A7303, Oct. = 28, 1991, 105 Stat.=20 939.

Pub. L. 101=E2=80=93516, title III, =C2=A7303, Nov. = 5, 1990, 104 Stat.=20 2178.

Pub. L. 101=E2=80=93164, title III, =C2=A7303, Nov. = 21, 1989, 103 Stat.=20 1091.

Pub. L. 100=E2=80=93457, title III, =C2=A7303, = Sept. 30, 1988, 102 Stat.=20 2146.

Pub. L. 100=E2=80=93202, =C2=A7101(l) = [title III, =C2=A7303], Dec. 22,=20 1987, 101 Stat. 1329=E2=80=93358, 1329=E2=80=93377.

Pub. L. 99=E2=80=93500, =C2=A7101(l) [H.R. = 5205, title III,=20 =C2=A7303], Oct. 18, 1986, 100 Stat. 1783=E2=80=93308, and Pub. L. = 99=E2=80=93591, =C2=A7101(l),=20 Oct. 30, 1986, 100 Stat. 3341=E2=80=93308.

Pub. L. 99=E2=80=93190, =C2=A7101(e) [title III, = =C2=A7303], Dec. 19, 1985, 99=20 Stat. 1267, 1284.

Pub. L. 98=E2=80=93473, title I, =C2=A7101(i) = [title III, =C2=A7303], Oct. 12,=20 1984, 98 Stat. 1944, 1961.

Pub. L. 98=E2=80=9378, title III, =C2=A7303, Aug. = 15, 1983, 97 Stat.=20 470.

Pub. L. 97=E2=80=93369, title III, =C2=A7306, Dec. = 18, 1982, 96 Stat.=20 1781.

Pub. L. 97=E2=80=93102, title III, =C2=A7306, Dec. = 23, 1981, 95 Stat.=20 1458.

Pub. L. 96=E2=80=93400, title III, =C2=A7306, Oct. = 9, 1980, 94 Stat.=20 1695.

Pub. L. 96=E2=80=93131, title III, =C2=A7307, Nov. = 30, 1979, 93 Stat.=20 1037.

Pub. L. 95=E2=80=93335, title III, =C2=A7310, Aug. = 4, 1978, 92 Stat.=20 448.

Pub. L. 95=E2=80=9385, title III, =C2=A7310, Aug. = 2, 1977, 91 Stat.=20 416.

Pub. L. 94=E2=80=93387, title III, =C2=A7312, Aug. = 14, 1976, 90 Stat.=20 1185.

Pub. L. 94=E2=80=93134, title III, =C2=A7310, Nov. = 24, 1975, 89 Stat.=20 711.

Pub. L. 93=E2=80=93391, title III, =C2=A7311, Aug. = 28, 1974, 88 Stat.=20 780.

Pub. L. 93=E2=80=9398, title III, =C2=A7313, Aug. = 16, 1973, 87 Stat.=20 340.

Pub. L. 92=E2=80=93398, title III, =C2=A7313, Aug. = 22, 1972, 86 Stat.=20 591.

Pub. L. 92=E2=80=9374, title I, Aug. 10, 1971, 85 = Stat. 203.

Pub. L. 91=E2=80=93168, title I, Dec. 26, 1969, 83 = Stat. 455.

Pub. L. 90=E2=80=93464, title I, Aug. 8, 1968, 82 = Stat. 655.

Pub. L. 90=E2=80=93112, title II, Oct. 23, 1967, 81 = Stat. 312.

Pub. L. 89=E2=80=93474, title I, June 29, 1966, 80 = Stat. 223.

Pub. L. 89=E2=80=9357, title I, June 30, 1965, 79 = Stat. 197.

Pub. L. 88=E2=80=93392, title I, Aug. 1, 1964, 78 = Stat. 369.

Pub. L. 88=E2=80=9339, title I, June 13, 1963, 77 = Stat. 59.

Pub. L. 87=E2=80=93575, title I, Aug. 6, 1962, 76 = Stat. 311.

Pub. L. 87=E2=80=93159, title I, Aug. 21, 1961, 75 = Stat. 395.

Pub. L. 86=E2=80=93561, title I, June 30, 1960, 74 = Stat. 285.

Pub. L. 86=E2=80=9339, title I, June 11, 1959, 73 = Stat. 67.

Pub. L. 85=E2=80=93354, title I, Mar. 28, 1958, 72 = Stat. 63.

Pub. L. 85=E2=80=9337, title I, May 27, 1957, 71 = Stat. 37.

Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.

June 1, 1955, ch. 113, title I, 69 Stat. 74.

May 28, 1954, ch. 242, title I, 68 Stat. 146.

June 18, 1953, ch. 132, title I, 67 Stat. 69.

Aviation Safety Commission

Pub. L. 99=E2=80=93500, title V, = =C2=A7=C2=A7501=E2=80=93507, Oct. 18, 1986, 100 Stat.=20 1783=E2=80=93370 to 1783=E2=80=93373, and Pub. L. 99=E2=80=93591, title = V, =C2=A7=C2=A7501=E2=80=93507, Oct. 30, 1986, 100=20 Stat. 3341=E2=80=93373 to 3341=E2=80=93376, known as the Aviation Safety = Commission Act of 1986,=20 established Aviation Safety Commission, directed Commission to study=20 organization and functions of Federal Aviation Administration and means = by which=20 it could most efficiently and effectively perform its responsibilities = and=20 increase aviation safety and to submit reports to the President and the = two=20 houses of Congress within 9 months after Oct. 18, 1986, and within 18 = months=20 after Oct. 18, 1986, and provided that Commission was to cease to exist = 18=20 months after Oct. 18, 1986.

Appointment of Retired Military Officer as=20 Administrator

Pub. L. 102=E2=80=93308, June 26, 1992, 106 Stat. = 273, provided:=20 =E2=80=9CThat notwithstanding the provisions of section 106 of title 49, = United States=20 Code, or any other provision of law, the President, acting by and with = the=20 advice and consent of the Senate, is authorized to appoint General = Thomas C.=20 Richards, United States Air Force, Retired, to the Office of = Administrator of=20 the Federal Aviation Administration. General Richards=E2=80=99 = appointment to,=20 acceptance of, and service in that Office shall in no way affect the = status,=20 rank, and grade which he shall hold as an officer on the retired list of = the=20 United States Air Force, or any emolument, perquisite, right, privilege, = or=20 benefit incident to or arising out of any such status, office, rank, or = grade,=20 except to the extent that subchapter IV of chapter 55 of title 5, United = States=20 Code, affects the amount of retired pay to which he is entitled by law = during=20 his service as Administrator. So long as he serves as Administrator, = General=20 Richards shall receive the compensation of that = Office at the=20 rate which would be applicable if he were not an officer on the retired = list of=20 the United States Air Force, shall retain the status, rank, and grade = which he=20 now holds as an officer on the retired list of the United States Air = Force,=20 shall retain all emoluments, perquisites, rights, privileges, and = benefits=20 incident to or arising out of such status, office, rank, or grade, and = shall in=20 addition continue to receive the retired pay to which he is entitled by = law,=20 subject to the provisions of subchapter IV of chapter 55 of title 5, = United=20 States Code.

=E2=80=9CSec. 2. In = the performance of=20 his duties as Administrator of the Federal Aviation Administration, = General=20 Richards shall be subject to no supervision, control, restriction, or=20 prohibition (military or otherwise) other than would be operative with = respect=20 to him if he were not an officer on the retired list of the United = States Air=20 Force.

=E2=80=9CSec. 3. = Nothing in this Act=20 shall be construed as approval by the Congress of any future = appointments of=20 military persons to the Office of Administrator of the Federal Aviation=20 Administration.=E2=80=9D

Prior provisions authorizing the appointment of a = retired=20 military officer as Administrator were contained in the following = acts:

Pub. L. 102=E2=80=93223, Dec. 11, 1991, 105 Stat. = 1678.

Pub. L. 101=E2=80=9347, June 30, 1989, 103 Stat. = 134.

Pub. L. 98=E2=80=93256, Apr. 10, 1984, 98 Stat. = 125.

Pub. L. 89=E2=80=9346, June 22, 1965, 79 Stat. = 171.

Ex. Ord. No. 13180. Air Traffic Performance-Based=20 Organization

Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as = amended=20 by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:

By the authority vested in me as President by the=20 Constitution and the laws of the United States of America, and in order = to=20 further improve the provision of air traffic services in ways that = increase=20 efficiency, take better advantage of new technologies, accelerate = modernization=20 efforts, and respond more effectively to the needs of the traveling = public,=20 while enhancing the safety, security, and efficiency of the Nation's air = transportation system, it is hereby ordered as follows:

Section 1. = Establishment of=20 the Air Traffic Organization. (a) The Secretary of Transportation=20 (Secretary) shall, consistent with his legal authorities, move to = establish=20 within the Federal Aviation Administration (FAA) a performance-based=20 organization to be known as the =E2=80=9CAir Traffic = Organization=E2=80=9D (ATO).

(b) The ATO shall be composed of those elements of = the FAA's=20 Air Traffic Services and Research and Acquisition organizations that = have direct=20 connection and give support to the provision of day-to-day operational = air=20 traffic services, as determined by the Administrator of the Federal = Aviation=20 Administration (Administrator). The Administrator may delegate = responsibility=20 for any operational activity of the air traffic control system to the = head of=20 the ATO. The Administrator's responsibility for general safety, = security, and=20 policymaking functions for the National Airspace System is unaffected by = this=20 order.

(c) The Chief Operating Officer (COO) of the Air = Traffic=20 Control System, established by the Wendell H. Ford Aviation Investment = and=20 Reform Act for the 21st Century (Air-21) (Public Law 106=E2=80=93181) = [see Short Title=20 of 2000 Amendments note set out under section 40101 of this title], = shall head=20 the ATO and shall report directly to the Administrator and be subject to = the=20 authority of the Administrator. The COO, in consultation with the Air = Traffic=20 Control Subcommittee of the Aviation Management Advisory Committee, = shall enter=20 into an annual performance agreement with the Administrator that sets = forth=20 measurable organization and individual goals in key operational areas = and=20 describes specific targets and how such goals will be achieved. The COO = may=20 receive an annual bonus not to exceed 30 percent of the annual rate of = basic=20 pay, based upon the Administrator's evaluation of the COO's performance = in=20 relation to the targets and goals described above.

(d) The COO shall develop a 5-year strategic plan = for the air=20 traffic control system, including a clear statement of the mission and=20 objectives for the system's safety, efficiency, and productivity. This = strategic=20 plan must ensure that ATO actions are consistent with long-term FAA = strategies=20 for the aviation system as a whole.

(e) The COO shall also enter into a framework = agreement with=20 the Administrator that will establish the relationship of the ATO with = the other=20 organizations of the FAA.

Sec. 2. = Purpose. The=20 FAA's primary mission is to ensure the safety, security, and efficiency = of the=20 National Airspace System. The purpose of this order is to enhance that = mission=20 and further improve the delivery of air traffic services to the American = public=20 by reorganizing the FAA's air traffic services and related offices into = a=20 performance-based, results-oriented, organization. The ATO will be = better able=20 to make use of the unique procurement and personnel authorities that the = FAA=20 currently has and to better use the additional management reforms = enacted by the=20 Congress this year under Air-21. Specifically, the ATO shall:

(a) optimize use of existing management = flexibilities and=20 authorities to improve the efficiency of air traffic services and = increase the=20 capacity of the system;

(b) develop methods to accelerate air traffic = control=20 modernization and to improve aviation safety related to air traffic = control;

(c) develop agreements with the Administrator of = the FAA and=20 users of the products, services, and capabilities it will provide;

(d) operate in accordance with safety performance = standards=20 developed by the FAA and rapidly respond to FAA safety and security = oversight=20 findings;

(e) consult with its customers, the traveling = public,=20 including direct users such as airlines, cargo carriers, manufacturers,=20 airports, general aviation, and commercial space transportation = providers, and=20 focus on producing results that satisfy the FAA's external customer = needs;

(f) consult with appropriate Federal, State, and = local public=20 agencies, including the Department of Defense and the National = Aeronautics and=20 Space Administration, to determine the best practices for meeting the = diverse=20 needs throughout the National Airspace System;

(g) establish strong incentives to managers for = achieving=20 results; and

(h) formulate and recommend to the Administrator = any=20 management, fiscal, or legislative changes necessary for the = organization to=20 achieve its performance goals.

Sec. 3. Aviation = Management=20 Advisory Committee. The Air Traffic Control Subcommittee of the = Aviation=20 Management Advisory Committee shall provide, consistent with its=20 responsibilities under Air-21, general oversight to ATO regarding the=20 administration, management, conduct, direction, and supervision of the = air=20 traffic control system.

Sec. 4. Evaluation = and=20 Report. Not later than 5 years after the date of this order, the = Aviation=20 Management Advisory Committee shall provide to the Secretary and the=20 Administrator a report on the operation and effectiveness of the ATO, = together=20 with any recommendations for management, fiscal, or legislative changes = to=20 enable the organization to achieve its goals.

Sec. 5. = Definitions.=20 The term =E2=80=9Cair traffic control system=E2=80=9D has the same = meaning as the term defined=20 by section 40102(a)(42) [now 40102(a)(47)] of title 49, United States = Code.

Sec. 6. Judicial=20 Review. This order is intended only to improve the internal = management of=20 the executive branch and is not intended to, nor does it, create any = right to=20 administrative or judicial review, or any right, whether substantive or=20 procedural, enforceable by any party against the United States, its = agencies or=20 instrumentalities, its officers or employees, or any other = person.

Definitions for Title II of Pub. L. = 104=E2=80=93264

Section 202 of title II of Pub. L. 104=E2=80=93264 = provided that: =E2=80=9CIn=20 this title [see Effective Date of 1996 Amendment note set out above], = the=20 following definitions apply:

=E2=80=9C(1) = Administration.=E2=80=94The=20 term =E2=80=98Administration=E2=80=99 means the Federal Aviation = Administration.

=E2=80=9C(2) = Administrator.=E2=80=94The term=20 =E2=80=98Administrator=E2=80=99 means the Administrator of the Federal = Aviation=20 Administration.

=E2=80=9C(3) = Secretary.=E2=80=94The term=20 =E2=80=98Secretary=E2=80=99 means the Secretary of = Transportation.=E2=80=9D

¹ See References in Text note = below.

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TEXT-ALIGN: center } H4.subsection-head { MARGIN-TOP: 7px; PADDING-LEFT: 1em; FONT-WEIGHT: bold; MARGIN-LEFT: = 0em; TEXT-INDENT: -1em; TEXT-ALIGN: left; FONT-VARIANT: normal } H4.paragraph-head { MARGIN-TOP: 7px; PADDING-LEFT: 2em; FONT-WEIGHT: bold; BACKGROUND: = white; MARGIN-LEFT: 1em; TEXT-ALIGN: left; FONT-VARIANT: normal } H4.subparagraph-head { MARGIN-TOP: 7px; PADDING-LEFT: 1em; FONT-WEIGHT: bold; MARGIN-LEFT: = 2em; TEXT-INDENT: -1em; TEXT-ALIGN: left; FONT-VARIANT: normal } H4.clause-head { MARGIN-TOP: 7px; PADDING-LEFT: 1em; FONT-WEIGHT: bold; MARGIN-LEFT: = 3em; TEXT-INDENT: -1em; TEXT-ALIGN: left; FONT-VARIANT: normal } H4.subclause-head { MARGIN-TOP: 7px; PADDING-LEFT: 1em; FONT-WEIGHT: bold; MARGIN-LEFT: = 4em; TEXT-INDENT: -1em; TEXT-ALIGN: left; FONT-VARIANT: normal } H4.subsubclause-head { MARGIN-TOP: 7px; PADDING-LEFT: 1em; FONT-WEIGHT: bold; BACKGROUND: = yellow; MARGIN-LEFT: 5em; TEXT-INDENT: -1em; TEXT-ALIGN: left; = FONT-VARIANT: normal } H4.note-sub-head { MARGIN-TOP: 7px; FONT-WEIGHT: normal; FONT-SIZE: 90%; TEXT-ALIGN: left } H5.paytable-subhead { FONT-WEIGHT: normal; TEXT-ALIGN: center } P { PADDING-RIGHT: 0em; PADDING-LEFT: 0em; PADDING-BOTTOM: 0em; MARGIN: = 0em; TEXT-INDENT: 1em; PADDING-TOP: 0em } P.statutory-body-1em { MARGIN-LEFT: 1em; TEXT-INDENT: 1em } P.statutory-body-2em { MARGIN-LEFT: 2em; TEXT-INDENT: 1em } P.statutory-body-3em { MARGIN-LEFT: 3em; TEXT-INDENT: 1em } P.statutory-body-4em { MARGIN-LEFT: 4em; TEXT-INDENT: 1em } P.statutory-body-5em { MARGIN-LEFT: 5em; TEXT-INDENT: 1em } P.statutory-body-flush0_hang2 { PADDING-LEFT: 2em; TEXT-INDENT: -2em } P.statutory-body-flush2_hang3 { PADDING-LEFT: 3em; TEXT-INDENT: -1em } P.statutory-body-block-1em { PADDING-LEFT: 1em; TEXT-INDENT: 0em } P.statutory-body-block-4em { PADDING-LEFT: 4em; TEXT-INDENT: 0em } P.statutory-body-block-2em-right { PADDING-RIGHT: 4em; MARGIN-TOP: 0.5em; TEXT-INDENT: 0em; TEXT-ALIGN: = right } P.note-body { FONT-SIZE: 11pt; TEXT-INDENT: 1em } P.note-body-1em { FONT-SIZE: 11pt; MARGIN-LEFT: 1em; TEXT-INDENT: 2em } P.note-body-2em { FONT-SIZE: 11pt; MARGIN-LEFT: 2em; TEXT-INDENT: 3em } P.note-body-3em { FONT-SIZE: 11pt; MARGIN-LEFT: 3em; TEXT-INDENT: 4em } P.note-body-4em { FONT-SIZE: 11pt; BACKGROUND: lightgreen; MARGIN-LEFT: 4em; TEXT-INDENT: = 5em } P.note-body-5em { FONT-SIZE: 11pt; MARGIN-LEFT: 5em; TEXT-INDENT: 6em } P.note-body-flush0_hang1 { PADDING-LEFT: 1em; FONT-SIZE: 11pt; TEXT-INDENT: -1em } P.note-body-flush0_hang4 { PADDING-LEFT: 4em; FONT-SIZE: 11pt; TEXT-INDENT: -4em } P.note-body-flush3_hang4 { PADDING-LEFT: 4em; FONT-SIZE: 11pt; TEXT-INDENT: -1em } P.note-body-block { FONT-SIZE: 11pt; TEXT-INDENT: 0em } P.futureamend-note-body { FONT-STYLE: italic } P.source-credit { MARGIN-TOP: 5px; MARGIN-LEFT: 0em; TEXT-INDENT: 0em } P.presidential-signature { MARGIN-BOTTOM: 1em; TEXT-ALIGN: right; FONT-VARIANT: small-caps } P.chief-justice-signature { MARGIN-BOTTOM: 1em; TEXT-ALIGN: right; FONT-VARIANT: small-caps } P.presidential-signature { MARGIN-BOTTOM: 1em; TEXT-ALIGN: right; FONT-VARIANT: small-caps } P.signature { MARGIN-BOTTOM: 1em; TEXT-ALIGN: right } P.usc-title-ital-spanner { MARGIN-BOTTOM: 2em; FONT-STYLE: italic; TEXT-ALIGN: center } P.usc28aForm-left { PADDING-LEFT: 4em } P.usc28aForm-right { PADDING-RIGHT: 4em; TEXT-ALIGN: right } P.footnote { MARGIN: 1em; FONT-STYLE: italic } P SPAN.monospaced { FONT-FAMILY: monospace } cap-smallcap { FONT-VARIANT: small-caps } CAPTION { FONT-SIZE: 1.05em; MARGIN: 0.25em; TEXT-ALIGN: center } TABLE { BORDER-RIGHT: medium none; BORDER-TOP: black 1px solid; MARGIN-TOP: = 1em; MARGIN-BOTTOM: 2em; BORDER-LEFT: medium none; WIDTH: 650px; = BORDER-BOTTOM: black 1px solid } TABLE TH { BORDER-RIGHT: medium none; BORDER-TOP: 5px; FONT-WEIGHT: normal; = BORDER-LEFT: medium none; BORDER-BOTTOM: 1px solid } TABLE TD { PADDING-RIGHT: 0.5em; PADDING-LEFT: 1.25em; VERTICAL-ALIGN: top; = TEXT-INDENT: -1em } TD.tablesubheadingcenter { PADDING-TOP: 1em; TEXT-ALIGN: center } TABLE.usc TD.tablesubheadingleft { PADDING-LEFT: 1em; PADDING-TOP: 1em; TEXT-ALIGN: left } TABLE TD.right { PADDING-RIGHT: 2em; TEXT-ALIGN: right } TABLE TD.left { PADDING-LEFT: 2em; TEXT-ALIGN: left } TABLE.uscdispo2col TD.right { WIDTH: 50%; TEXT-ALIGN: left } TABLE.uscdispo2col TD.left { BORDER-RIGHT: 1px solid; WIDTH: 50% } TABLE.uscdispo2col TD.right { WIDTH: 50%; TEXT-ALIGN: left } TABLE.uscdispo3col { BORDER-RIGHT: medium none; BORDER-TOP: black 1px solid; MARGIN-TOP: = 1em; BORDER-LEFT: medium none; BORDER-BOTTOM: black 1px solid } TABLE.uscdispo3col TD.left { WIDTH: 17% } TABLE.uscdispo3col TD.middle { BORDER-RIGHT: 1px solid; BORDER-LEFT: 1px solid; WIDTH: 66% } TABLE.uscdispo3col TD.right { WIDTH: 17%; TEXT-ALIGN: right } TABLE.uschistrev { MARGIN-BOTTOM: 0.6em } TABLE.uschistrev P { TEXT-INDENT: -1em } TABLE.uschistrev TD.left { WIDTH: 20% } TABLE.uschistrev TD.middle { BORDER-RIGHT: 1px solid; BORDER-LEFT: 1px solid; WIDTH: 35% } TABLE.uschistrev TD.right { WIDTH: 45%; TEXT-ALIGN: left } TABLE.uschistrev2col TD.left { WIDTH: 50% } TABLE.uschistrev2col TD.right { WIDTH: 50%; TEXT-ALIGN: left } TABLE.uscflagdimensions { MARGIN-BOTTOM: 0.6em } TABLE.uscflagdimensions TD.left { WIDTH: 70% } TABLE.uscflagdimensions TD.middle { BORDER-RIGHT: 1px solid; BORDER-LEFT: 1px solid; WIDTH: 15%; = TEXT-ALIGN: right } TABLE.uscflagdimensions TD.right { WIDTH: 15%; TEXT-ALIGN: right } TABLE.uscflagimagetable { MARGIN-BOTTOM: 0.6em } TABLE.uscflagimagetable TH { BORDER-LEFT: 1px solid } TABLE.uscflagimagetable TH#row0col0 { BORDER-LEFT: medium none } TABLE.uscflagimagetable TD.left { WIDTH: 10% } TABLE.uscflagimagetable TD.middle { BORDER-LEFT: 1px solid; WIDTH: 10%; TEXT-ALIGN: right } TABLE.uscflagimagetable TD.right { BORDER-LEFT: 1px solid; WIDTH: 10%; TEXT-ALIGN: right } TABLE.usc2colnohead { MARGIN-BOTTOM: 0.5em } TABLE.usc2colnohead TD.right { PADDING-RIGHT: 2em; TEXT-ALIGN: right } TABLE.usc2colnohead TD.left { PADDING-RIGHT: 0.5em; PADDING-LEFT: 1.25em; VERTICAL-ALIGN: top; WIDTH: = 65% } TABLE.usc2colnoheadleftjustify TH { TEXT-ALIGN: left } TABLE.usc2colnoheadleftjustify TD.right { PADDING-RIGHT: 0.5em; PADDING-LEFT: 2.5em; VERTICAL-ALIGN: top; = TEXT-INDENT: -1em; TEXT-ALIGN: left } TABLE.usc2colnoheadleftjustify TD.left2em { PADDING-RIGHT: 3.5em; PADDING-LEFT: 2.25em; VERTICAL-ALIGN: top } TABLE.usc2colnohead-text { BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN-BOTTOM: = 0.5em; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none } TABLE.usc2colnohead-text TH { BORDER-RIGHT: medium none; BORDER-TOP: medium none; BORDER-LEFT: medium = none; BORDER-BOTTOM: medium none } TABLE.usc2colnohead-text TD.right { PADDING-RIGHT: 0.5em; PADDING-LEFT: 1.25em; VERTICAL-ALIGN: top; = TEXT-ALIGN: left } TABLE.usc2colnohead-text TD.left { PADDING-RIGHT: 0.5em; PADDING-LEFT: 1.25em; VERTICAL-ALIGN: top; WIDTH: = 147px } TABLE.uscpayschedule { MARGIN-BOTTOM: 0.5em } TABLE.uscpayschedule TH { FONT-SIZE: 9pt; VERTICAL-ALIGN: top; TEXT-ALIGN: center } TABLE.uscpayschedule TD { FONT-SIZE: 9pt; VERTICAL-ALIGN: top; TEXT-ALIGN: right } TABLE.uscpayschedule TD.left2em { PADDING-LEFT: 1em; FONT-SIZE: 9pt; VERTICAL-ALIGN: top; TEXT-ALIGN: = right } TABLE.uscpayschedule TD.left { VERTICAL-ALIGN: top; TEXT-ALIGN: left } TABLE.uscpayschedule TD.left2em { VERTICAL-ALIGN: top; TEXT-INDENT: 1em; TEXT-ALIGN: left } TABLE.usc TD { PADDING-RIGHT: 5px; PADDING-LEFT: 5px; PADDING-BOTTOM: 1px; = PADDING-TOP: 1px } TABLE.usc TH.col2 { =09 } TABLE.usc TD.col1 { WIDTH: 17% } TABLE.usc TD.I01 { WIDTH: 17% } TABLE.usc TD.I22 { WIDTH: 17% } TABLE.usc TD.colmiddle { BORDER-RIGHT: 1px solid; BORDER-LEFT: 1px solid; WIDTH: 66% } TABLE.usc TD.colright { WIDTH: 17%; TEXT-ALIGN: right } TABLE.usc TD.left { PADDING-LEFT: 1em } TABLE.usc TD.middle { PADDING-RIGHT: 1em; TEXT-ALIGN: right } TABLE.usc TD.right { PADDING-RIGHT: 1em; TEXT-ALIGN: right } TABLE.usc TD.left2em { PADDING-LEFT: 3em } TABLE.usc TD.left4em { PADDING-LEFT: 5em } TABLE.title45section261to273dispo TD { WIDTH: 217px } TABLE.title45section261to273dispo TD.middle { BORDER-RIGHT: 1px solid; BORDER-LEFT: 1px solid } TABLE.title45section261to273dispo TD.right { TEXT-ALIGN: left } TABLE.title46section2101dispo TD.right { WIDTH: 50%; TEXT-ALIGN: left } TABLE.title48Ch2 { WIDTH: 600px } TABLE.title48Ch2 TD { TEXT-ALIGN: center } TABLE.title48Ch2 TD.left { WIDTH: 25% } TABLE.title48Ch2 TD.middle { WIDTH: 40% } TABLE.title48Ch2 TD.right { WIDTH: 20% } TABLE.title48section1421f TD.left { BORDER-RIGHT: thin solid; WIDTH: 15%; TEXT-ALIGN: right } TABLE.title48section1421f TD.middle { WIDTH: 15%; TEXT-ALIGN: right } TABLE.title48section1421f TD.right { BORDER-LEFT: thin solid; WIDTH: 60%; TEXT-ALIGN: left } TABLE.title48Section1921 TD { TEXT-ALIGN: center } TABLE.title48Section1921 TD.middle { WIDTH: 20% } TABLE.title50section401execordertoc TD.right { WIDTH: 60%; TEXT-ALIGN: left } TABLE.title50section435 TD.left { WIDTH: 15% } TABLE.title50section435 TD.middle { WIDTH: 60% } TD P { COLOR: red; TEXT-INDENT: -1em; TEXT-ALIGN: left } BR.Q04 { =09 } BR.Q08 { PADDING-BOTTOM: 1em } ------=_NextPart_000_0000_01CDECC4.3D142D10--