In this section, the word “Administrator” in sections 601(a)–(c) and 604 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words “is empowered and it . . . be his duty to” and “and revising from time to time” are omitted as surplus. In clause (1), the words “as may be” are omitted as surplus. In clauses (2)–(5), the words “Reasonable” and “reasonable” are omitted as surplus and the word “rules” is omitted as being synonymous with “regulations”. In clause (5), the words “to provide adequately” are omitted as surplus.

In subsection (b)(1), the words “the operation of” are omitted as surplus. The words “under section 44705 of this title” are added for clarity.

In subsection (b)(2), the words “scheduled or unscheduled” are omitted as surplus.

In subsection (c), the words “carry out” are substituted for “exercise and perform his powers and duties under”, and the words “in carrying out” are substituted for “in the administration and enforcement of”, for consistency and to eliminate unnecessary words.

In subsection (d), before clause (1), the word “rules” is omitted as being synonymous with “regulations”. In clause (1), before subclause (A), the word “full” is omitted as surplus. In clause (1)(A), the word “provide” is substituted for “perform” for consistency in the revised title.

In subsection (e), the words “from time to time” are omitted as surplus. The word “rule” is omitted as being synonymous with “regulation”.

This amends 49:44701(d) and (e) to correct erroneous cross-references.

2018—Subsec. (e)(5). Pub. L. 115–254 added par. (5).

2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e) and redesignated former subsec. (e) as (f).

1994—Subsecs. (d), (e). Pub. L. 103–429 substituted “any of sections 44702–44716” for “section 44702–44716”.

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

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

Pub. L. 117–263, div. E, title LVI, § 5604, Dec. 23, 2022, 136 Stat. 3406, provided that: “A flight instructor, registered owner, lessor, or lessee of an aircraft shall not be required to obtain a letter of deviation authority from the Administrator of the Federal Aviation Administration to allow, conduct or receive flight training, checking, and testing in an experimental aircraft if— “(1) the flight instructor is not providing both the training and the aircraft; “(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and “(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft.”

Pub. L. 116–260, div. V, title I, § 102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that: “(a) Rulemaking Proceeding.—“(1) In general.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate a rulemaking proceeding to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to section 44704 of title 49, United States Code, where the United States is the State of Design and State of Manufacture, have in place a safety management system that is consistent with the standards and recommended practices established by ICAO and contained in annex 19 to the Convention on International Civil Aviation (61 Stat. 1180), for such systems. “(2) Contents of regulations.—The regulations issued under paragraph (1) shall, at a minimum—“(A) ensure safety management systems are consistent with, and complementary to, existing safety management systems; “(B) include provisions that would permit operational feedback from operators and pilots qualified on the manufacturers’ equipment to ensure that the operational assumptions made during design and certification remain valid; “(C) include provisions for the Administrator’s approval of, and regular oversight of adherence to, a certificate holder’s safety management system adopted pursuant to such regulations; and “(D) require such certificate holder to adopt, not later than 4 years after the date of enactment of this title, a safety management system. “(b) Final Rule Deadline.—Not later than 24 months after initiating the rulemaking under subsection (a), the Administrator shall issue a final rule. “(c) Surveillance and Audit Requirement.—The final rule issued pursuant to subsection (b) shall include a requirement for the Administrator to implement a systems approach to risk-based surveillance by defining and planning inspections, audits, and monitoring activities on a continuous basis, to ensure that design and production approval holders of aviation products meet and continue to meet safety management system requirements under the rule. “(d) Engagement With ICAO.—The Administrator shall engage with ICAO and foreign civil aviation authorities to help encourage the adoption of safety management systems for manufacturers on a global basis, consistent with ICAO standards. “(e) Safety Reporting Program.—The regulations issued under subsection (a) shall require a safety management system to include a confidential employee reporting system through which employees can report hazards, issues, concerns, occurrences, and incidents. A reporting system under this subsection shall include provisions for reporting, without concern for reprisal for reporting, of such items by employees in a manner consistent with confidential employee reporting systems administered by the Administrator. Such regulations shall also require a certificate holder described in subsection (a) to submit a summary of reports received under this subsection to the Administrator at least twice per year. “(f) Code of Ethics.—The regulations issued under subsection (a) shall require a safety management system to include establishment of a code of ethics applicable to all appropriate employees of a certificate holder, including officers (as determined by the FAA), which clarifies that safety is the organization’s highest priority.

[For definitions of terms used in section 102(a)–(f) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Pub. L. 116–260, div. V, title I, § 104, Dec. 27, 2020, 134 Stat. 2316, provided that: “(a) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $27,000,000 for each of fiscal years 2021 through 2023 to recruit and retain engineers, safety inspectors, human factors specialists, chief scientific and technical advisors, software and cybersecurity experts, and other qualified technical experts who perform duties related to the certification of aircraft, aircraft engines, propellers, appliances, and new and emerging technologies, and perform other regulatory activities. “(b) In General.—Not later than 60 days after the date of enactment of this title [Dec. 27, 2020], and without duplicating any recently completed or ongoing reviews, the Administrator shall initiate a review of—“(1) the inspectors, human factors specialists, flight test pilots, engineers, managers, and executives in the FAA who are responsible for the certification of the design, manufacture, and operation of aircraft intended for air transportation for purposes of determining whether the FAA has the expertise and capability to adequately understand the safety implications of, and oversee the adoption of, new or innovative technologies, materials, and procedures used by designers and manufacturers of such aircraft; and “(2) the Senior Technical Experts Program to determine whether the program should be enhanced or expanded to bolster and support the programs of the FAA’s Office of Aviation Safety, with particular focus placed on the Aircraft Certification Service and the Flight Standards Service (or any successor organizations), particularly with respect to understanding the safety implications of new or innovative technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft. “(c) Deadline for Completion.—Not later than 270 days after the date of enactment of this title, the Administrator shall complete the review required by subsection (b). “(d) Briefing.—Not later than 30 days after the completion of the review required by subsection (b), the Administrator shall brief the congressional committees of jurisdiction on the results of the review. The briefing shall include the following:“(1) An analysis of the Administration’s ability to hire safety inspectors, human factors specialists, flight test pilots, engineers, managers, executives, scientists, and technical advisors, who have the requisite expertise to oversee new developments in aerospace design and manufacturing. “(2) A plan for the Administration to improve the overall expertise of the FAA’s personnel who are responsible for the oversight of the design and manufacture of aircraft. “(e) Consultation Requirement.—In completing the review under subsection (b), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers, human factors specialists, flight test pilots, and FAA aviation safety inspectors), and aerospace manufacturers. “(f) Recruitment and Retention.—“(1) Bargaining units.—Not later than 30 days after the date of enactment of this title, the Administrator shall begin collaboration with the exclusive bargaining representatives of engineers, safety inspectors, systems safety specialists, and other qualified technical experts certified under section 7111 of title 5, United States Code, to improve recruitment of employees for, and to implement retention incentives for employees holding, positions with respect to the certification of aircraft, aircraft engines, propellers, and appliances. If the Administrator and such representatives are unable to reach an agreement collaboratively, the Administrator and such representatives shall negotiate in accordance with section 40122(a) of title 49, United States Code, to improve recruitment and implement retention incentives for employees described in subsection (a) who are covered under a collective bargaining agreement. “(2) Other employees.—Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this title, the Administrator shall initiate actions to improve recruitment of, and implement retention incentives for, any individual described in subsection (a) who is not covered under a collective bargaining agreement. “(3) Rule of construction.—Nothing in this section shall be construed to vest in any exclusive bargaining representative any management right of the Administrator, as such right existed on the day before the date of enactment of this title. “(4) Availability of appropriations.—Any action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (a).”

[For definitions of terms used in section 104 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Pub. L. 116–260, div. V, title I, § 113, Dec. 27, 2020, 134 Stat. 2332, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall establish a voluntary safety reporting program for engineers, safety inspectors, systems safety specialists, and other subject matter experts certified under section 7111 of title 5, United States Code, to confidentially report instances where they have identified safety concerns during certification or oversight processes. “(b) Safety Reporting Program Requirements.—In establishing the safety reporting program under subsection (a), the Administrator shall ensure the following:“(1) The FAA maintains a reporting culture that encourages human factors specialists, engineers, flight test pilots, inspectors, and other appropriate FAA employees to voluntarily report safety concerns. “(2) The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions related to their participation in the program. “(3) The safety reporting program identifies exclusionary criteria for the program. “(4) Collaborative development of the program with bargaining representatives of employees under section 7111 of title 5, United States Code, who are employed in the Aircraft Certification Service or Flight Standards Service of the Administration (or, if unable to reach an agreement collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United States Code, regarding the development of the program). “(5) Full and collaborative participation in the program by the bargaining representatives of employees described in paragraph (4). “(6) The Administrator thoroughly reviews safety reports to determine whether there is a safety issue, including a hazard, defect, noncompliance, nonconformance, or process error. “(7) The Administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety concern being raised. “(8) The creation of a corrective action process in order to address safety issues that are identified through the program. “(c) Outcomes.—Results of safety report reviews under this section may be used to—“(1) improve—“(A) safety systems, hazard control, and risk reduction; “(B) certification systems; “(C) FAA oversight; “(D) compliance and conformance; and “(E) any other matter determined necessary by the Administrator; and “(2) implement lessons learned. “(d) Report Filing.—The Administrator shall establish requirements for when in the certification process reports may be filed to—“(1) ensure that identified issues can be addressed in a timely manner; and “(2) foster open dialogue between applicants and FAA employees throughout the certification process. “(e) Integration With Other Safety Reporting Programs.—The Administrator shall implement the safety reporting program established under subsection (a) and the reporting requirements established pursuant to subsection (d) in a manner that is consistent with other voluntary safety reporting programs administered by the Administrator. “(f) Report to Congress.—Not later than 2 years after the date of enactment of this title, and annually thereafter through fiscal year 2023, the Administrator shall submit to the congressional committees of jurisdiction a report on the effectiveness of the safety reporting program established under subsection (a).”

[For definitions of terms used in section 113 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Pub. L. 115–254, div. B, title II, §§ 201, 202, 211, 221, 223, 224, 243, Oct. 5, 2018, 132 Stat. 3242, 3246, 3252, 3254, 3255, 3259, as amended by Pub. L. 116–260, div. V, title I, § 129, Dec. 27, 2020, 134 Stat. 2349, provided that:

Pub. L. 115–254, div. B, title III, § 302, Oct. 5, 2018, 132 Stat. 3260, provided that: “(a) E-learning Training Pilot Program.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration], in collaboration with the exclusive bargaining representatives of covered FAA personnel, shall establish an e-learning training pilot program in accordance with the requirements of this section. “(b) Curriculum.—The pilot program shall—“(1) include a recurrent training curriculum for covered FAA personnel to ensure that the covered FAA personnel receive instruction on the latest aviation technologies, processes, and procedures; “(2) focus on providing specialized technical training for covered FAA personnel, as determined necessary by the Administrator; “(3) include training courses on applicable regulations of the Federal Aviation Administration; and “(4) consider the efficacy of instructor-led online training. “(c) Pilot Program Termination.—The pilot program shall terminate 1 year after the date of establishment of the pilot program. “(d) E-learning Training Program.—Upon termination of the pilot program, the Administrator shall assess and establish or update an e-learning training program that incorporates lessons learned for covered FAA personnel as a result of the pilot program. “(e) Definitions.—In this section, the following definitions apply:“(1) Covered faa personnel.—The term ‘covered FAA personnel’ means airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration. “(2) E-learning training.—The term ‘e-learning training’ means learning utilizing electronic technologies to access educational curriculum outside of a traditional classroom.”

Pub. L. 115–254, div. B, title III, § 303, Oct. 5, 2018, 132 Stat. 3261, provided that: “(a) Update of FAA’s Safety Critical Staffing Model.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall update the safety critical staffing model of the Administration to determine the number of aviation safety inspectors that will be needed to fulfill the safety oversight mission of the Administration. “(b) Audit by DOT Inspector General.—“(1) In general.—Not later than 90 days after the date on which the Administrator has updated the safety critical staffing model under subsection (a), the Inspector General of the Department of Transportation shall conduct an audit of the staffing model. “(2) Contents.—The audit shall include, at a minimum—“(A) a review of the assumptions and methodologies used in devising and implementing the staffing model to assess the adequacy of the staffing model in predicting the number of aviation safety inspectors needed—“(i) to properly fulfill the mission of the Administration; and “(ii) to meet the future growth of the aviation industry; and “(B) a determination on whether the staffing model takes into account the Administration’s authority to fully utilize designees. “(3) Report on audit.—“(A) Report to secretary.—Not later than 30 days after the date of completion of the audit, the Inspector General shall submit to the Secretary a report on the results of the audit. “(B) Report to congress.—Not later than 60 days after the date of receipt of the report, the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit.”

Pub. L. 115–254, div. B, title III, § 307, Oct. 5, 2018, 132 Stat. 3263, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall evaluate and revise, as appropriate, regulations in part 121 of title 14, Code of Federal Regulations, regarding emergency medical equipment, including the contents of first-aid kits, applicable to all certificate holders operating passenger aircraft under that part. “(b) Consideration.—In carrying out subsection (a), the Administrator shall consider whether the minimum contents of approved emergency medical kits, including approved first-aid kits, include appropriate medications and equipment to meet the emergency medical needs of children and pregnant women.”

Pub. L. 115–254, div. B, title III, § 308, Oct. 5, 2018, 132 Stat. 3263, provided that: “(a) Study Required.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration], in coordination with the Chairman of the National Transportation Safety Board, shall initiate a study of general aviation safety. “(b) Study Contents.—The study required under subsection (a) shall include—“(1) a review of all general aviation accidents since 2000, including a review of—“(A) the number of such accidents; “(B) the number of injuries and fatalities, including with respect to both occupants of aircraft and individuals on the ground, as a result of such accidents; “(C) the number of such accidents investigated by the National Transportation Safety Board; “(D) the number of such accidents investigated by the FAA [Federal Aviation Administration]; and “(E) a summary of the factual findings and probable cause determinations with respect to such accidents; “(2) an assessment of the most common probable cause determinations issued for general aviation accidents since 2000; “(3) an assessment of the most common facts analyzed by the FAA and the National Transportation Safety Board in the course of investigations of general aviation accidents since 2000, including operational details; “(4) a review of the safety recommendations of the National Transportation Safety Board related to general aviation accidents since 2000; “(5) an assessment of the responses of the FAA and the general aviation community to the safety recommendations of the National Transportation Safety Board related to general aviation accidents since 2000; “(6) an assessment of the most common general aviation safety issues; “(7) a review of the total costs to the Federal Government to conduct investigations of general aviation accidents over the last 10 years; and “(8) other matters the Administrator or the Chairman considers appropriate. “(c) Recommendations and Actions To Address General Aviation Safety.—Based on the results of the study required under subsection (a), the Administrator, in consultation with the Chairman, shall make such recommendations, including with respect to regulations and enforcement activities, as the Administrator considers necessary to—“(1) address general aviation safety issues identified under the study; “(2) protect persons and property on the ground; and “(3) improve the safety of general aviation operators in the United States. “(d) Authority.—Notwithstanding any other provision of law, the Administrator shall have the authority to undertake actions to address the recommendations made under subsection (c). “(e) Report.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the study required under subsection (a), including the recommendations described in subsection (c). “(f) General Aviation Defined.—In this section, the term ‘general aviation’ means aircraft operation for personal, recreational, or other noncommercial purposes.”

Pub. L. 115–254, div. B, title III, § 315, Oct. 5, 2018, 132 Stat. 3267, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, pilot rest and duty rules under part 135 of title 14, Code of Federal Regulations. “(b) Duties.—The Administrator shall—“(1) not later than 2 years after the date of enactment of this Act, submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report based on the findings of the aviation rulemaking committee; and “(2) not later than 1 year after the date of submission of the report under paragraph (1), issue a notice of proposed rulemaking based on any consensus recommendations reached by the aviation rulemaking committee. “(c) Composition.—The aviation rulemaking committee shall consist of members appointed by the Administrator, including—“(1) representatives of industry; “(2) representatives of aviation labor organizations, including collective bargaining units representing pilots who are covered by part 135 of title 14, Code of Federal Regulations, and subpart K of part 91 of such title; and “(3) aviation safety experts with specific knowledge of flight crewmember education and training requirements under part 135 of such title. “(d) Considerations.—The Administrator shall direct the aviation rulemaking committee to consider—“(1) recommendations of prior part 135 rulemaking committees; “(2) accommodations necessary for small businesses; “(3) scientific data derived from aviation-related fatigue and sleep research; “(4) data gathered from aviation safety reporting programs; “(5) the need to accommodate the diversity of operations conducted under part 135, including the unique duty and rest time requirements of air ambulance pilots; and “(6) other items, as appropriate.”

Pub. L. 115–254, div. B, title III, § 320, Oct. 5, 2018, 132 Stat. 3269, provided that: “(a) In General.—There shall be a presumption that an individual’s voluntary report of an operational or maintenance issue related to aviation safety under an aviation safety action program meets the criteria for acceptance as a valid report under such program. “(b) Disclaimer Required.—Any dissemination, within the participating organization, of a report that was submitted and accepted under an aviation safety action program pursuant to the presumption under subsection (a), but that has not undergone review by an event review committee, shall be accompanied by a disclaimer stating that the report—“(1) has not been reviewed by an event review committee tasked with reviewing such reports; and “(2) may subsequently be determined to be ineligible for inclusion in the aviation safety action program. “(c) Rejection of Report.—“(1) In general.—A report described under subsection (a) shall be rejected from an aviation safety action program if, after a review of the report, an event review committee tasked with reviewing such report, or the Federal Aviation Administration member of the event review committee in the case that the review committee does not reach consensus, determines that the report fails to meet the criteria for acceptance under such program. “(2) Protections.—In any case in which a report of an individual described under subsection (a) is rejected under paragraph (1)—“(A) the enforcement-related incentive offered to the individual for making such a report shall not apply; and “(B) the protection from disclosure of the report itself under section 40123 of title 49, United States Code, shall not apply. “(3) Aviation safety action program defined.—In this section, the term ‘aviation safety action program’ means a program established in accordance with Federal Aviation Administration Advisory Circular 120–66B, issued November 15, 2002 (including any similar successor advisory circular), to allow an individual to voluntarily disclose operational or maintenance issues related to aviation safety.”

Pub. L. 115–254, div. B, title III, § 335, Oct. 5, 2018, 132 Stat. 3280, provided that: “(a) Modification of Final Rule.—“(1) In general.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall modify the final rule of the Federal Aviation Administration published in the Federal Register on August 19, 1994 (59 Fed. Reg. 42974; relating to flight attendant duty period limitations and rest requirements) in accordance with the requirements of this subsection. “(2) Contents.—The final rule, as modified under paragraph (1), shall ensure that—“(A) a flight attendant scheduled to a duty period of 14 hours or less is given a scheduled rest period of at least 10 consecutive hours; and “(B) the rest period is not reduced under any circumstances. “(b) Fatigue Risk Management Plan.—“(1) Submission of plan by part 121 air carriers.—Not later than 90 days after the date of enactment of this Act, each air carrier operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a ‘part 121 air carrier’), shall submit to the Administrator of the Federal Aviation Administration for review and acceptance a fatigue risk management plan for the carrier’s flight attendants. “(2) Contents of plan.—A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:“(A) Current flight time and duty period limitations. “(B) A rest scheme consistent with such limitations that enables the management of flight attendant fatigue, including annual training to increase awareness of—“(i) fatigue; “(ii) the effects of fatigue on flight attendants; and “(iii) fatigue countermeasures. “(C) Development and use of a methodology that continually assesses the effectiveness of implementation of the plan, including the ability of the plan—“(i) to improve alertness; and “(ii) to mitigate performance errors. “(3) Review.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall review and accept or reject each fatigue risk management plan submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide suggested modifications for resubmission of the plan. “(4) Plan updates.—“(A) In general.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and acceptance. “(B) Review.—Not later than 1 year after the date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update. “(5) Compliance.—A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection. “(6) Civil penalties.—A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.”

Pub. L. 115–254, div. B, title V, § 532, Oct. 5, 2018, 132 Stat. 3366, provided that: “(a) In General.—Notwithstanding any other law or regulation, in administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1), 91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal Regulations (or any successor regulations), the Administrator [of the Federal Aviation Administration] shall allow an aircraft owner or operator to accept monetary or in-kind donations for a flight operated by a living history flight experience provider, if the aircraft owner or operator has—“(1) volunteered to provide such transportation; and “(2) notified any individual that will be on the flight, at the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same requirements as a commercial flight. “(b) Conditions To Ensure Public Safety.—The Administrator, consistent with current standards of the [Federal Aviation] Administration for such operations, shall impose minimum standards with respect to training and flight hours for operations conducted by an owner or operator of an aircraft providing living history flight experience operations, including mandating that the pilot in command of such aircraft hold a commercial pilot certificate with instrument rating and be current and qualified with respect to all ratings or authorizations applicable to the specific aircraft being flown to ensure the safety of flight operations described in subsection (a). “(c) Living History Flight Experience Provider Defined.—In this section, the term ‘living history flight experience provider’ means an aircraft owner, aircraft operator, or organization that provides, arranges, or otherwise fosters living history flight experiences for the purpose of fulfilling its mission.”

Pub. L. 115–254, div. B, title V, § 546, Oct. 5, 2018, 132 Stat. 3376, provided that: “(a) In General.—Not later than 3 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall complete covered upgrades of the Administration’s Civil Aviation Registry (in this section referred to as the ‘Registry’). “(b) Covered Upgrade Defined.—In this section, the term ‘covered upgrades’ means—“(1) the digitization of nondigital Registry information, including paper documents, microfilm images, and photographs, from an analog or nondigital format to a digital format; “(2) the digitalization of Registry manual and paper-based processes, business operations, and functions by leveraging digital technologies and a broader use of digitized data; “(3) the implementation of systems allowing a member of the public to submit any information or form to the Registry and conduct any transaction with the Registry by electronic or other remote means; and “(4) allowing more efficient, broader, and remote access to the Registry. “(c) Applicability.—The requirements of subsection (a) shall apply to the entire Civil Aviation Registry, including the Aircraft Registration Branch and the Airmen Certification Branch. “(d) Manual Surcharge.—

[Enacted section 45306 of this title.]

Pub. L. 115–254, div. B, title V, § 583, Oct. 5, 2018, 132 Stat. 3399, provided that: “(a) In General.—The Secretary of Transportation shall carry out a public awareness campaign to reduce the amount of undeclared hazardous materials traveling through air commerce. “(b) Campaign Requirements.—The public awareness campaign required under subsection (a) shall do the following:“(1) Focus on targeting segments of the hazardous materials industry with high rates of undeclared shipments through air commerce and educate air carriers, shippers, manufacturers, and other relevant stakeholders of such segments on properly packaging and classifying such shipments. “(2) Educate the public on proper ways to declare and ship hazardous materials, examples of everyday items that are considered hazardous materials, and penalties associated with intentional shipments of undeclared hazardous materials. “(c) Interagency Working Group.—“(1) Establishment.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish an interagency working group to promote collaboration and engagement between the Department of Transportation and other relevant agencies, and develop recommendations and guidance on how best to conduct the public awareness campaign required under subsection (a). “(2) Duties.—The interagency working group shall consult with relevant stakeholders, including cargo air carriers, passenger air carriers, and labor organizations representing pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. “(d) Update.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] an update on the status of the public awareness campaign required under subsection (a).”

Pub. L. 114–190, title II, § 2102, July 15, 2016, 130 Stat. 619, provided that: “Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall— “(1) develop a process to verify that air carrier training programs incorporate measures to train pilots on—“(A) monitoring automation systems; and “(B) controlling the flightpath of aircraft without autopilot or autoflight systems engaged; “(2) develop metrics or measurable tasks that air carriers can use to evaluate pilot monitoring proficiency; “(3) issue guidance to aviation safety inspectors responsible for oversight of the operations of air carriers on tracking and assessing pilots’ proficiency in manual flight; and “(4) issue guidance to air carriers and inspectors regarding standards for compliance with the requirements for enhanced pilot training contained in the final rule published in the Federal Register on November 12, 2013 (78 Fed. Reg. 67800).”

Pub. L. 114–190, title II, § 2109, July 15, 2016, 130 Stat. 623, provided that: “(a) In General.—Notwithstanding any other provision of law, and subject to the requirements of subsection (b), the Administrator of the FAA may enter into a reimbursable agreement with an applicant or certificate-holder for the reasonable travel and per diem expenses of the FAA associated with official travel to expedite the acceptance or validation by a foreign authority of an FAA certificate or design approval or the acceptance or validation by the FAA of a foreign authority certificate or design approval. “(b) Conditions.—The Administrator may enter into an agreement under subsection (a) only if—“(1) the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to expedite the acceptance or validation of the relevant certificate or approval; “(2) the travel is conducted at the request of the applicant or certificate-holder; “(3) travel plans and expenses are approved by the applicant or certificate-holder prior to travel; and “(4) the agreement requires payment in advance of FAA services and is consistent with the processes under section 106(l)(6) of title 49, United States Code. “(c) Report.—Not later than 2 years after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on—“(1) the number of occasions on which the Administrator entered into reimbursable agreements under this section; “(2) the number of occasions on which the Administrator declined a request by an applicant or certificate-holder to enter into a reimbursable agreement under this section; “(3) the amount of reimbursements collected in accordance with agreements under this section; and “(4) the extent to which reimbursable agreements under this section assisted in reducing the amount of time necessary for validations of certificates and design approvals. “(d) Definitions.—In this section, the following definitions apply:“(1) Applicant.—The term ‘applicant’ means a person that has—“(A) applied to a foreign authority for the acceptance or validation of an FAA certificate or design approval; or “(B) applied to the FAA for the acceptance or validation of a foreign authority certificate or design approval. “(2) Certificate-holder.—The term ‘certificate-holder’ means a person that holds a certificate issued by the Administrator under part 21 of title 14, Code of Federal Regulations. “(3) FAA.—The term ‘FAA’ means the Federal Aviation Administration.”

Pub. L. 118–4, § 3, June 3, 2023, 137 Stat. 9, provided that: “Not later than September 30, 2024, the Administrator of the Federal Aviation Administration shall make the following improvements: “(1) Complete implementation of a Federal NOTAM System (in this section referred to as a ‘FNS’). “(2) Implement a back-up system to the FNS. “(3) Brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on a plan to enhance the capability to deliver information through the FNS that is machine-readable, filterable, and in the format used by the International Civil Aviation Organization (ICAO) to promote further global harmonization among neighboring Air Navigation Service Providers (ANSPs) and provide users of the National Airspace System with one consistent format for domestic and international operations.”

Pub. L. 115–254, div. B, title III, § 394(a), Oct. 5, 2018, 132 Stat. 3325, provided that: “Beginning on the date that is 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] may not take any enforcement action against any individual for a violation of a NOTAM (as defined in section 3 of the Pilot’s Bill of Rights [Pub. L. 112–153] (49 U.S.C. 44701 note)) until the Administrator certifies to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that the Administrator has complied with the requirements of section 3 of the Pilot’s Bill of Rights, as amended by this section.”

Pub. L. 112–153, § 3, Aug. 3, 2012, 126 Stat. 1162, as amended by Pub. L. 115–254, div. B, title III, § 394(b), Oct. 5, 2018, 132 Stat. 3325, provided that: “(a) In General.—“(1) Definition.—In this section, the term ‘NOTAM’ means Notices to Airmen. “(2) Improvements.—Not later than 180 days after the date of the enactment of the Fairness for Pilots Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall complete the implementation of a Notice to Airmen Improvement Program (in this section referred to as the ‘NOTAM Improvement Program’)—“(A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system; “(B) to continue developing and modernizing the NOTAM repository, in a public central location, to maintain and archive all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machine-readable, and searchable; “(C) to apply filters so that pilots can prioritize critical flight safety information from other airspace system information; and “(D) to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use airspace in a specific area. “(b) Goals of Program.—The goals of the NOTAM Improvement Program are—“(1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the national airspace system; “(2) make the NOTAMs more specific and relevant to the airman’s route and in a format that is more useable to the airman; “(3) to provide a full set of NOTAM results in addition to specific information requested by airmen; “(4) to provide a document that is easily searchable; and “(5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen. “(c) Advice From Private Sector Groups.—The Administrator shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under this section. “(d) Designation of Repository as Sole Source for NOTAMs.—“(1) In general.—The Administrator—“(A) shall consider the repository for NOTAMs under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs; and “(B) may not consider a NOTAM to be announced or published until the NOTAM is included in the repository for NOTAMs under subsection (a)(2)(B). “(2) Prohibition on taking action for violations of notams not in repository.—“(A) In general.—Except as provided in subparagraph (B), beginning on the date that the repository under subsection (a)(2)(B) is final and published, the Administrator may not take any enforcement action against an airman for a violation of a NOTAM during a flight if—“(i) that NOTAM is not available through the repository before the commencement of the flight; and “(ii) that NOTAM is not reasonably accessible and identifiable to the airman. “(B) Exception for national security.—Subparagraph (A) shall not apply in the case of an enforcement action for a violation of a NOTAM that directly relates to national security.”

Pub. L. 112–95, title III, § 313, Feb. 14, 2012, 126 Stat. 67, provided that: “(a) Establishment of Advisory Panel.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall establish an advisory panel comprised of both Government and industry representatives to—“(1) review the October 2010 report by the Government Accountability Office on certification and approval processes (GAO–11–14); and “(2) develop recommendations to address the findings in the report and other concerns raised by interested parties, including representatives of the aviation industry. “(b) Matters To Be Considered.—The advisory panel shall—“(1) determine the root causes of inconsistent interpretation of regulations by the Administration’s Flight Standards Service and Aircraft Certification Service; “(2) develop recommendations to improve the consistency of interpreting regulations by the Administration’s Flight Standards Service and Aircraft Certification Service; and “(3) develop recommendations to improve communications between the Administration’s Flight Standards Service and Aircraft Certification Service and applicants and certificate and approval holders for the identification and resolution of potentially adverse issues in an expeditious and fair manner. “(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the advisory panel, together with an explanation of how the Administrator will implement the recommendations of the advisory panel and measure the effectiveness of the recommendations.”

Pub. L. 112–95, title III, § 315, Feb. 14, 2012, 126 Stat. 68, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall modify the Flight Standards Evaluation Program—“(1) to include periodic and random reviews as part of the Administration’s oversight of air carriers; and “(2) to prohibit an individual from participating in a review or audit of an office with responsibility for an air carrier under the program if the individual, at any time in the 5-year period preceding the date of the review or audit, had responsibility for inspecting, or overseeing the inspection of, the operations of that carrier. “(b) Annual Report to Congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Flight Standards Evaluation Program, including the Administrator’s findings and recommendations with respect to the program. “(c) Flight Standards Evaluation Program Defined.—In this section, the term ‘Flight Standards Evaluation Program’ means the program established by the Federal Aviation Administration in FS 1100.1B CHG3, including any subsequent revisions thereto.”

Pub. L. 112–95, title III, § 343, Feb. 14, 2012, 126 Stat. 80, provided that: “(a) Reviews.—The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Administration is reviewed by regional teams of employees of the Administration, including at least one employee on each team representing aviation safety inspectors, on a monthly basis to ensure that—“(1) any trends in regulatory compliance are identified; and “(2) appropriate corrective actions are taken in accordance with Administration regulations, advisory directives, policies, and procedures. “(b) Monthly Team Reports.—“(1) In general.—A regional team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards Service a report each month on the results of the review. “(2) Contents.—A report submitted under paragraph (1) shall identify—“(A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and “(B) any corrective actions taken or proposed to be taken in response to the trends. “(c) Biannual Reports to Congress.—The Administrator, on a biannual basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the reviews of the air transportation oversight system database conducted under this section, including copies of reports received under subsection (b).”

Pub. L. 112–95, title III, § 345, Feb. 14, 2012, 126 Stat. 81, provided that: “(a) Rulemaking on Applicability of Part 121 Duty Periods and Flight Time Limitations to Part 91 Operations.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding, if such a proceeding has not already been initiated, to require a flight crewmember who is employed by an air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such title from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 121 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight times under part 121 of such title. “(b) Rulemaking on Applicability of Part 135 Duty Periods and Flight Time Limitations to Part 91 Operations.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall initiate a rulemaking proceeding to require a flight crewmember who is employed by an air carrier conducting operations under part 135 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such title from the air carrier or any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 135 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight times under part 135 of such title. “(c) Separate Rulemaking Proceedings Required.—The rulemaking proceeding required under subsection (b) shall be separate from the rulemaking proceeding required under subsection (a).”

Pub. L. 112–95, title VI, § 606, Feb. 14, 2012, 126 Stat. 113, provided that: “(a) In General.—Not later than October 1, 2012, the Administrator of the Federal Aviation Administration shall implement, in as cost-effective a manner as possible, the staffing model for aviation safety inspectors developed pursuant to the National Academy of Sciences study entitled ‘Staffing Standards for Aviation Safety Inspectors’. In doing so, the Administrator shall consult with interested persons, including the exclusive bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code. “(b) Report.—Not later than January 1 of each year beginning after September 30, 2012, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, the staffing model described in subsection (a).”

Pub. L. 115–254, div. B, title III, § 333, Oct. 5, 2018, 132 Stat. 3274, provided that: “(a) Harmonization With ICAO Technical Instructions.—“(1) Adoption of icao instructions.—“(A) In general.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 44701 note), not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall conform United States regulations on the air transport of lithium cells and batteries with the lithium cells and battery requirements in the 2015–2016 edition of the International Civil Aviation Organization’s (referred to in this subsection as ‘ICAO’) Technical Instructions (to include all addenda), including the revised standards adopted by ICAO which became effective on April 1, 2016 and any further revisions adopted by ICAO prior to the effective date of the FAA Reauthorization Act of 2018 [probably means Oct. 5, 2018]. “(B) Further proceedings.—Beginning on the date the revised regulations under subparagraph (A) are published in the Federal Register, any lithium cell and battery rulemaking action or update commenced on or after that date shall continue to comply with the requirements under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note). “(2) Review of other regulations.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), the Secretary of Transportation may initiate a review of other existing regulations regarding the air transportation, including passenger-carrying and cargo aircraft, of lithium batteries and cells. “(b) Medical Device Batteries.—“(1) In general.—For United States applicants, the Secretary of Transportation shall consider and either grant or deny, not later than 45 days after receipt of an application, an application submitted in compliance with part 107 of title 49, Code of Federal Regulations, for special permits or approvals for air transportation of lithium ion cells or batteries specifically used by medical devices. Not later than 30 days after the date of application, the Pipeline and Hazardous Materials Safety Administration shall provide a draft special permit to the Federal Aviation Administration based on the application. The Federal Aviation Administration shall conduct an on-site inspection for issuance of the special permit not later than 20 days after the date of receipt of the draft special permit from the Pipeline and Hazardous Materials Safety Administration. “(2) Limited exceptions to restrictions on air transportation of medical device batteries.—The Secretary shall issue limited exceptions to the restrictions on transportation of lithium ion and lithium metal batteries to allow the shipment on a passenger aircraft of not more than 2 replacement batteries specifically used for a medical device if—“(A) the intended destination of the batteries is not serviced daily by cargo aircraft if a battery is required for medically necessary care; and “(B) with regard to a shipper of lithium ion or lithium metal batteries for medical devices that cannot comply with a charge limitation in place at the time, each battery is—“(i) individually packed in an inner packaging that completely encloses the battery; “(ii) placed in a rigid outer packaging; and “(iii) protected to prevent a short circuit. “(3) Medial [sic] device defined.—ln [sic] this subsection, the term ‘medical device’ means an instrument, apparatus, implement, machine, contrivance, implant, or in vitro reagent, including any component, part, or accessory thereof, which is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, of a person. “(4) Savings clause.—Nothing in this subsection shall be construed as expanding or constricting any other authority the Secretary of Transportation has under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note). “(c) Lithium Battery Safety Working Group.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish a lithium battery safety working group (referred to as the ‘working group’ in this section) to promote and coordinate efforts related to the promotion of the safe manufacture, use, and transportation of lithium batteries and cells. “(2) Duties.—The working group shall coordinate and facilitate the transfer of knowledge and expertise among the following Federal agencies:“(A) The Department of Transportation. “(B) The Consumer Product Safety Commission. “(C) The National Institute on Standards and Technology. “(D) The Food and Drug Administration. “(3) Members.—The Secretary shall appoint not more than 8 members to the working group with expertise in the safe manufacture, use, or transportation of lithium batteries and cells. “(4) Subcommittees.—The Secretary, or members of the working group, may—“(A) establish working group subcommittees to focus on specific issues related to the safe manufacture, use, or transportation of lithium batteries and cells; and “(B) include in a subcommittee the participation of nonmember stakeholders with expertise in areas that the Secretary or members consider necessary. “(5) Report.—Not later than 1 year after the date it is established, the working group shall—“(A) identify and assess—“(i) additional ways to decrease the risk of fires and explosions from lithium batteries and cells; “(ii) additional ways to ensure uniform transportation requirements for both bulk and individual batteries; and “(iii) new or existing technologies that may reduce the fire and explosion risk of lithium batteries and cells; and “(B) transmit to the appropriate committees of Congress a report on the assessments conducted under subparagraph (A), including any legislative recommendations to effectuate the safety improvements described in clauses (i) through (iii) of that subparagraph. “(6) Termination.—The working group, and any working group subcommittees, shall terminate 90 days after the date the report is transmitted under paragraph (5). “(d) Lithium Battery Air Safety Advisory Committee.—“(1) Establishment.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall establish, in accordance with the requirements of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], a lithium ion and lithium metal battery air safety advisory committee (in this subsection referred to as the ‘Committee’). “(2) Duties.—The Committee shall—“(A) facilitate communication between manufacturers of lithium ion and lithium metal cells and batteries, manufacturers of products incorporating both large and small lithium ion and lithium metal batteries, air carriers, and the Federal Government regarding the safe air transportation of lithium ion and lithium metal cells and batteries and the effectiveness and economic and social impacts of the regulation of such transportation; “(B) provide the Secretary, the Federal Aviation Administration, and the Pipeline and Hazardous Materials Safety Administration with timely information about new lithium ion and lithium metal battery technology and transportation safety practices and methodologies; “(C) provide a forum for the Secretary to provide information on and to discuss the activities of the Department of Transportation relating to lithium ion and lithium metal battery transportation safety, the policies underlying the activities, and positions to be advocated in international forums; “(D) provide a forum for the Secretary to provide information and receive advice on—“(i) activities carried out throughout the world to communicate and enforce relevant United States regulations and the ICAO Technical Instructions; and “(ii) the effectiveness of the activities; “(E) provide advice and recommendations to the Secretary with respect to lithium ion and lithium metal battery air transportation safety, including how best to implement activities to increase awareness of relevant requirements and their importance to travelers and shippers; and “(F) review methods to decrease the risk posed by air shipment of undeclared hazardous materials and efforts to educate those who prepare and offer hazardous materials for shipment via air transport. “(3) Membership.—The Committee shall be composed of the following members:“(A) Individuals appointed by the Secretary to represent—“(i) large volume manufacturers of lithium ion and lithium metal cells and batteries; “(ii) domestic manufacturers of lithium ion and lithium metal batteries or battery packs; “(iii) manufacturers of consumer products powered by lithium ion and lithium metal batteries; “(iv) manufacturers of vehicles powered by lithium ion and lithium metal batteries; “(v) marketers of products powered by lithium ion and lithium metal batteries; “(vi) cargo air service providers based in the United States; “(vii) passenger air service providers based in the United States; “(viii) pilots and employees of air service providers described in clauses (vi) and (vii); “(ix) shippers of lithium ion and lithium metal batteries for air transportation; “(x) manufacturers of battery-powered medical devices or batteries used in medical devices; and “(xi) employees of the Department of Transportation, including employees of the Federal Aviation Administration and the Pipeline and Hazardous Materials Safety Administration. “(B) Representatives of such other Government departments and agencies as the Secretary determines appropriate. “(C) Any other individuals the Secretary determines are appropriate to comply with Federal law. “(4) Report.—“(A) In general.—Not later than 180 days after the establishment of the Committee, the Committee shall submit to the Secretary and the appropriate committees of Congress a report that—“(i) describes and evaluates the steps being taken in the private sector and by international regulatory authorities to implement and enforce requirements relating to the safe transportation by air of bulk shipments of lithium ion cells and batteries; and “(ii) identifies any areas of enforcement or regulatory requirements for which there is consensus that greater attention is needed. “(B) Independent statements.—Each member of the Committee shall be provided an opportunity to submit an independent statement of views with the report submitted pursuant to subparagraph (A). “(5) Meetings.—“(A) In general.—The Committee shall meet at the direction of the Secretary and at least twice a year. “(B) Preparation for icao meetings.—Notwithstanding subparagraph (A), the Secretary shall convene a meeting of the Committee in connection with and in advance of each meeting of the International Civil Aviation Organization, or any of its panels or working groups, addressing the safety of air transportation of lithium ion and lithium metal batteries to brief Committee members on positions to be taken by the United States at such meeting and provide Committee members a meaningful opportunity to comment. “(6) Termination.—The Committee shall terminate on the date that is 6 years after the date on which the Committee is established. “(7) Termination of future of aviation advisory committee.—The Future of Aviation Advisory Committee shall terminate on the date on which the lithium ion battery air safety advisory committee is established. “(e) Cooperative Efforts to Ensure Compliance With Safety Regulations.—“(1) In general.—The Secretary of Transportation, in coordination with appropriate Federal agencies, shall carry out cooperative efforts to ensure that shippers who offer lithium ion and lithium metal batteries for air transport to or from the United States comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions. “(2) Cooperative efforts.—The cooperative efforts the Secretary shall carry out pursuant to paragraph (1) include the following:“(A) Encouraging training programs at locations outside the United States from which substantial cargo shipments of lithium ion or lithium metal batteries originate for manufacturers, freight forwarders, and other shippers and potential shippers of lithium ion and lithium metal batteries. “(B) Working with Federal, regional, and international transportation agencies to ensure enforcement of U.S. Hazardous Materials Regulations and ICAO Technical Instructions with respect to shippers who offer noncompliant shipments of lithium ion and lithium metal batteries. “(C) Sharing information, as appropriate, with Federal, regional, and international transportation agencies regarding noncompliant shipments. “(D) Pursuing a joint effort with the international aviation community to develop a process to obtain assurances that appropriate enforcement actions are taken to reduce the likelihood of noncompliant shipments, especially with respect to jurisdictions in which enforcement activities historically have been limited. “(E) Providing information in brochures and on the internet in appropriate foreign languages and dialects that describes the actions required to comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions. “(F) Developing joint efforts with the international aviation community to promote a better understanding of the requirements of and methods of compliance with U.S. Hazardous Materials Regulations and ICAO Technical Instructions. “(3) Reporting.—Not later than 120 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to the appropriate committees of Congress a report on compliance with the policy set forth in subsection (e) and the cooperative efforts carried out, or planned to be carried out, under this subsection. “(f) Packaging Improvements.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with interested stakeholders, shall submit to the appropriate committees of Congress an evaluation of current practices for the packaging of lithium ion batteries and cells for air transportation, including recommendations, if any, to improve the packaging of such batteries and cells for air transportation in a safe, efficient, and cost-effective manner. “(g) Department of Transportation Policy on International Representation.—“(1) In general.—It shall be the policy of the Department of Transportation to support the participation of industry and labor stakeholders in all panels and working groups of the dangerous goods panel of the ICAO and any other international test or standard setting organization that considers proposals on the safety or transportation of lithium ion and lithium metal batteries in which the United States participates. “(2) Participation.—The Secretary of Transportation shall request that as part of the ICAO deliberations in the dangerous goods panel on these issues, that appropriate experts on issues under consideration be allowed to participate. “(h) Definitions.—In this section, the following definitions apply:“(1) ICAO technical instructions.—The term ‘ICAO Technical Instructions’ has the meaning given that term in section 828(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note). “(2) U.S. hazardous materials regulations.—The term ‘U.S. Hazardous Materials Regulations’ means the regulations in parts 100 through 177 of title 49, Code of Federal Regulations (including amendments adopted after the date of enactment of this Act [Oct. 5, 2018]).”

Pub. L. 112–95, title VIII, § 828, Feb. 14, 2012, 126 Stat. 133, provided that: “(a) In General.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions. “(b) Exceptions.—“(1) Passenger carrying aircraft.—Notwithstanding subsection (a), the Secretary may enforce the prohibition on transporting primary (non-rechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in special provision A100 under section 172.102(c)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act [Feb. 14, 2012]). “(2) Credible reports.—Notwithstanding subsection (a), if the Secretary obtains a credible report with respect to a safety incident from a national or international governmental regulatory or investigating body that demonstrates that the presence of lithium metal cells or batteries or lithium ion cells or batteries on an aircraft, whether transported separately or packed with or contained in equipment, in accordance with the requirements of the ICAO Technical Instructions, has substantially contributed to the initiation or propagation of an onboard fire, the Secretary—“(A) may issue and enforce an emergency regulation, more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if that regulation—“(i) addresses solely deficiencies referenced in the report; and “(ii) is effective for not more than 1 year; and “(B) may adopt and enforce a permanent regulation, more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if—“(i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such cells or batteries would substantially contribute to the initiation or propagation of an onboard fire; “(ii) the regulation addresses solely the deficiencies in existing regulations; and “(iii) the regulation imposes the least disruptive and least expensive variation from existing requirements while adequately addressing identified deficiencies. “(c) ICAO Technical Instructions Defined.—In this section, the term ‘ICAO Technical Instructions’ means the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (as amended, including amendments adopted after the date of enactment of this Act [Feb. 14, 2012]).”

Pub. L. 111–216, title II, Aug. 1, 2010, 124 Stat. 2350, as amended by Pub. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628; Pub. L. 117–286, § 4(a)(315), Dec. 27, 2022, 136 Stat. 4340, provided that:

Pub. L. 108–176, title V, § 506, Dec. 12, 2003, 117 Stat. 2560, provided that: “(a) Study.—“(1) In general.—The Comptroller General shall conduct a study of the training of the aviation safety inspectors of the Federal Aviation Administration (in this section referred to as ‘FAA inspectors’). “(2) Contents.—The study shall include—“(A) an analysis of the type of training provided to FAA inspectors; “(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies; “(C) the extent of FAA inspector training provided by the aviation industry and whether such training is provided without charge or on a quid pro quo basis; and “(D) the amount of travel that is required of FAA inspectors in receiving training. “(3) Report.—Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. “(b) Sense of the House.—It is the sense of the House of Representatives that—“(1) FAA inspectors should be encouraged to take the most up-to-date initial and recurrent training on the latest aviation technologies; “(2) FAA inspector training should have a direct relation to an individual’s job requirements; and “(3) if possible, a FAA inspector should be allowed to take training at the location most convenient for the inspector. “(c) Workload of Inspectors.—“(1) Study by national academy of sciences.—Not later than 90 days after the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing standards for FAA inspectors to ensure proper oversight over the aviation industry, including the designee program. “(2) Contents.—The study shall include the following:“(A) A suggested method of modifying FAA inspectors staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard. “(B) The approximate cost and length of time for developing such models. “(3) Report.—Not later than 12 months after the initiation of the arrangements under subsection (a), the National Academy of Sciences shall transmit to Congress a report on the results of the study.”

Pub. L. 106–181, title V, § 513, Apr. 5, 2000, 114 Stat. 144, provided that: “(a) Report.—Not later than August 1, 2000, the Administrator [of the Federal Aviation Administration] shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the Federal Aviation Administration in implementing the air transportation oversight system, including in detail the training of inspectors under the system, the number of inspectors using the system, air carriers subject to the system, and the budget for the system. “(b) Required Contents.—At a minimum, the report shall indicate—“(1) any funding or staffing constraints that would adversely impact the Administration’s ability to continue to develop and implement the air transportation oversight system; “(2) progress in integrating the aviation safety data derived from such system’s inspections with existing aviation data of the Administration in the safety performance analysis system of the Administration; and “(3) the Administration’s efforts in collaboration with the aviation industry to develop and validate safety performance measures and appropriate risk weightings for such system. “(c) Update.—Not later than August 1, 2002, the Administrator shall update the report submitted under this section and transmit the updated report to the committees referred to in subsection (a).”

Pub. L. 106–181, title VII, § 732, Apr. 5, 2000, 114 Stat. 168, provided that: “(a) In General.—Beginning on the date of the enactment of this Act [Apr. 5, 2000], flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations. “(b) Rulemaking Proceeding.—“(1) In general.—The Administrator [of the Federal Aviation Administration] shall conduct a rulemaking proceeding and issue a final rule to modify the general operating and flight rules referred to in subsection (a) by establishing special rules applicable to the flight operations conducted by Alaska guide pilots. “(2) Contents of rules.—A final rule issued by the Administrator under paragraph (1) shall require Alaska guide pilots—“(A) to operate aircraft inspected no less often than after 125 hours of flight time; “(B) to participate in an annual flight review, as described in section 61.56 of title 14, Code of Federal Regulations; “(C) to have at least 500 hours of flight time as a pilot; “(D) to have a commercial rating, as described in subpart F of part 61 of such title; “(E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such title; “(F) to hold a current letter of authorization issued by the Administrator; and “(G) to take such other actions as the Administrator determines necessary for safety. “(3) Consideration.—In making a determination to impose a requirement under paragraph (2)(G), the Administrator shall take into account the unique conditions associated with air travel in the State of Alaska to ensure that such requirements are not unduly burdensome. “(c) Definitions.—In this section, the following definitions apply:“(1) Letter of authorization.—The term ‘letter of authorization’ means a letter issued by the Administrator once every 5 years to an Alaska guide pilot certifying that the pilot is in compliance with general operating and flight rules applicable to the pilot. In the case of a multi-pilot operation, at the election of the operating entity, a letter of authorization may be issued by the Administrator to the entity or to each Alaska guide pilot employed by the entity. “(2) Alaska guide pilot.—The term ‘Alaska guide pilot’ means a pilot who—“(A) conducts aircraft operations over or within the State of Alaska; “(B) operates single engine, fixed-wing aircraft on floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and “(C) transports clients by such aircraft incidental to hunting, fishing, or other guide services.”

Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided that:

Pub. L. 115–254, div. B, title III, § 301, Oct. 5, 2018, 132 Stat. 3260, provided that: “In this title [see Tables for classification], the following definitions apply: “(1) Administrator.—The term ‘Administrator’ means the Administrator of the FAA. “(2) FAA.—The term ‘FAA’ means the Federal Aviation Administration.”