§48102 — Title 49 Transportation | U.S. Code

Summary

The law sets yearly limits on how much the Secretary of Transportation can take from the Airport and Airway Trust Fund for FAA civil aviation research and development. It allows up to $346,317,000 for fiscal year 2004; $356,192,000 for 2005; $352,157,000 for 2006; $356,261,000 for 2007; $171,000,000 for 2009; $190,500,000 for 2010; $170,000,000 for 2011; $168,000,000 for each year 2012–2015; $166,000,000 for 2016 and 2017; $189,000,000 for 2018; $194,000,000 for 2019; $199,000,000 for 2020; $204,000,000 for 2021; $209,000,000 for 2022; $214,000,000 for 2023; $280,000,000 for 2024; $311,000,000 for 2025; $323,000,000 for 2026; $334,000,000 for 2027; and $345,000,000 for 2028. For 2004–2007 the law also names amounts for specific programs (for example, Improving Aviation Safety: $65,000,000 in 2004; Weather Safety Research: $24,000,000 in 2004; Human Factors and Aeromedical Research: $27,500,000 in 2004; Environmental R&D: $30,000,000 in 2004, of which $20,000,000 must fund research to reduce community exposure to aircraft noise or emissions), and provides funding for technology development, airport programs, Safe Flight 21, and the Center for Advanced Aviation System Development. The law requires the FAA to make safety the top research priority and to use at least 70% of the money for safety projects. At least 15% must go to long-term research. No more than 10% of the money set for any category may be moved to or from that category in a year without approval. If the Secretary wants to move more than 10%, they must send a written explanation to the House and Senate science and appropriations committees and wait 30 days or until the committees say they do not object. At least $25,000,000 each year must be available for airport capacity research, and the FAA must report yearly on those expenditures within 60 days after the fiscal year ends to the House Science and Transportation and Infrastructure Committees and the Senate Commerce Committee. Funds may also be used for other FAA research authorities, and appropriated amounts stay available until spent. The FAA must send its national aviation research plan to Congress within 30 days after the President’s budget is sent to Congress. The FAA must also run a grants program that uses undergraduate and technical colleges, including HBCUs and Hispanic-Serving Institutions, for relevant research. The agency must publish grant criteria within 6 months after the FAA Research, Engineering, and Development Authorization Act of 1998 became law, and grants must be awarded competitively based on relevance, scientific and technical merit, and student participation.

Title 49, §48102

Transportation — Source: USLM XML via OLRC

(a)Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation research and development under section 44504, 44505, 44507, 44509, and 44511–44513 of this title:

(1)for fiscal year 2004, $346,317,000, including—

(A)$65,000,000 for Improving Aviation Safety;

(B)$24,000,000 for Weather Safety Research;

(C)$27,500,000 for Human Factors and Aeromedical Research;

(D)$30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;

(E)$7,000,000 for Research Mission Support;

(F)$10,000,000 for the Airport Cooperative Research Program;

(G)$1,500,000 for carrying out subsection (h) of this section;

(H)$42,800,000 for Advanced Technology Development and Prototyping;

(I)$30,300,000 for Safe Flight 21;

(J)$90,800,000 for the Center for Advanced Aviation System Development;

(K)$9,667,000 for Airports Technology-Safety; and

(L)$7,750,000 for Airports Technology-Efficiency;

(2)for fiscal year 2005, $356,192,000, including—

(A)$65,705,000 for Improving Aviation Safety;

(B)$24,260,000 for Weather Safety Research;

(C)$27,800,000 for Human Factors and Aeromedical Research;

(D)$30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;

(E)$7,076,000 for Research Mission Support;

(F)$10,000,000 for the Airport Cooperative Research Program;

(G)$1,650,000 for carrying out subsection (h) of this section;

(H)$43,300,000 for Advanced Technology Development and Prototyping;

(I)$31,100,000 for Safe Flight 21;

(J)$95,400,000 for the Center for Advanced Aviation System Development;

(K)$2,200,000 for Free Flight Phase 2;

(L)$9,764,000 for Airports Technology-Safety; and

(M)$7,828,000 for Airports Technology-Efficiency;

(3)for fiscal year 2006, $352,157,000, including—

(A)$66,447,000 for Improving Aviation Safety;

(B)$24,534,000 for Weather Safety Research;

(C)$28,114,000 for Human Factors and Aeromedical Research;

(D)$30,223,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;

(E)$7,156,000 for Research Mission Support;

(F)$10,000,000 for the Airport Cooperation Research Program;

(G)$1,815,000 for carrying out subsection (h) of this section;

(H)$42,200,000 for Advanced Technology Development and Prototyping;

(I)$23,900,000 for Safe Flight 21;

(J)$100,000,000 for the Center for Advanced Aviation System Development;

(K)$9,862,000 for Airports Technology-Safety; and

(L)$7,906,000 for Airports Technology-Efficiency;

(4)for fiscal year 2007, $356,261,000, including—

(A)$67,244,000 for Improving Aviation Safety;

(B)$24,828,000 for Weather Safety Research;

(C)$28,451,000 for Human Factors and Aeromedical Research;

(D)$30,586,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;

(E)$7,242,000 for Research Mission Support;

(F)$10,000,000 for the Airport Cooperation Research Program;

(G)$1,837,000 for carrying out subsection (h) of this section;

(H)$42,706,000 for Advanced Technology Development and Prototyping;

(I)$24,187,000 for Safe Flight 21;

(J)$101,200,000 for the Center for Advanced Aviation System Development;

(K)$9,980,000 for Airports Technology-Safety; and

(L)$8,000,000 for Airports Technology-Efficiency;

(5)$171,000,000 for fiscal year 2009;

(6)$190,500,000 for fiscal year 2010;

(7)$170,000,000 for fiscal year 2011;

(8)$168,000,000 for each of fiscal years 2012 through 2015;

(9)$166,000,000 for each of fiscal years 2016 and 2017;

(10)$189,000,000 for fiscal year 2018;

(11)$194,000,000 for fiscal year 2019;

(12)$199,000,000 for fiscal year 2020;

(13)$204,000,000 for fiscal year 2021;

(14)$209,000,000 for fiscal year 2022;

(15)$214,000,000 for fiscal year 2023;

(16)$280,000,000 for fiscal year 2024;

(17)$311,000,000 for fiscal year 2025;

(18)$323,000,000 for fiscal year 2026;

(19)$334,000,000 for fiscal year 2027; and

(20)$345,000,000 for fiscal year 2028.

(b)(1)The Administrator shall prioritize safety in considering the advice and recommendations of the research advisory committee established by section 44508 of this title in establishing priorities among major categories of research and development activities carried out by the Federal Aviation Administration.

(2)As safety related activities shall be the highest research priority, at least 70 percent of the amount appropriated under subsection (a) of this section shall be for safety research and development projects.

(3)At least 15 percent of the amount appropriated under subsection (a) of this section shall be for long-term research projects.

(c)(1)Not more than 10 percent of the net amount authorized for a category of projects and activities in a fiscal year under subsection (a) of this section may be transferred to or from that category in that fiscal year.

(2)The Secretary may transfer more than 10 percent of an authorized amount to or from a category only after—

(A)submitting a written explanation of the proposed transfer to the Committees on Science and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and

(B)30 days have passed after the explanation is submitted or each Committee notifies the Secretary in writing that it does not object to the proposed transfer.

(d)(1)Of the amounts made available under subsection (a) of this section, at least $25,000,000 may be appropriated each fiscal year for research and development under section 44505(a) and (c) of this title on preserving and enhancing airport capacity, including research and development on improvements to airport design standards, maintenance, safety, operations, and environmental concerns.

(2)The Administrator shall submit to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on expenditures made under paragraph (1) of this subsection for each fiscal year. The report shall be submitted not later than 60 days after the end of the fiscal year.

(e)Necessary amounts may be appropriated to the Secretary out of amounts in the Fund available for research and development to conduct research under section 44506(a) and (b) of this title.

(f)Amounts appropriated under subsection (a) of this section remain available until expended.

(g)The Administrator shall submit the national aviation research plan to Congress no later than the date that is 30 days after the date of submission of the President’s budget request to Congress for that fiscal year, as required under section 44501(c).

(h)(1)The Administrator of the Federal Aviation Administration shall establish a program to utilize undergraduate and technical colleges, including Historically Black Colleges and Universities and Hispanic Serving Institutions, in research on subjects of relevance to the Federal Aviation Administration. Grants may be awarded under this subsection for—

(A)research projects to be carried out at primarily undergraduate institutions and technical colleges;

(B)research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration;

(C)research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees; or

(D)research on the impact of new technologies and procedures, particularly those related to aircraft flight deck and air traffic management functions, on training requirements for pilots and air traffic controllers.

(2)Within 6 months after the date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998, the Administrator of the Federal Aviation Administration shall establish and publish in the Federal Register criteria for the submittal of proposals for a grant under this subsection, and for the awarding of such grants.

(3)The principal criteria for the awarding of grants under this subsection shall be—

(A)the relevance of the proposed research to technical research needs identified by the Federal Aviation Administration;

(B)the scientific and technical merit of the proposed research; and

(C)the potential for participation by undergraduate students in the proposed research.

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

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 48102(a)49 App.:2202(a)(24).Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488. 49 App.:2205(b)(2) (1st sentence).Sept. 3, 1982, Pub. L. 97–248, § 506(b)(2), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, § 105(b)(1), 101 Stat. 1490; Nov. 3, 1988, Pub. L. 100–591, § 7, 102 Stat. 3014; Nov. 5, 1990, Pub. L. 101–508, § 9202, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, § 302, 106 Stat. 4895. 48102(b)49 App.:2205(b)(2) (last sentence). 48102(c)49 App.:2205(b)(3).Sept. 3, 1982, Pub. L. 97–248, § 506(b)(3), (5), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, § 105(b)(1), 101 Stat. 1491. 48102(d)49 App.:2205(b)(4).Sept. 30, 1982, Pub. L. 97–248, § 506(b)(4), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, § 105(b)(1), 101 Stat. 1491; Nov. 5, 1990, Pub. L. 101–508, § 9203, 104 Stat. 1388–373. 48102(e)49 App.:1353 (note).Nov. 3, 1988, Pub. L. 100–591, § 8(d), 102 Stat. 3016; Nov. 17, 1988, Pub. L. 100–685, § 604, 102 Stat. 4103. 48102(f)49 App.:2205(b)(5). In subsections (a) and (b), as to applicability of section 305(b) of the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992 (Pub. L. 102–581, 106 Stat. 4896), see section 6(b) of the bill. In subsection (a)(1), the word “solely” is omitted as surplus. Before clause (1), the words “to the Secretary of Transportation” are added for clarity and consistency in this chapter. In subsection (d)(1), the words “Notwithstanding any other provision of this subsection” and “in each of fiscal years 1988, 1989, 1990, 1991, and 1992” are omitted as surplus. In subsection (d)(2), the reference to fiscal years 1988–1992 and the words “by the Administrator for research and development” are omitted as surplus.

Editorial Notes

References in Text

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

Amendments

2024—Subsec. (a). Pub. L. 118–63, § 1002, added pars. (16) to (20) and struck out former par. (16) which read as follows: “$155,368,852 for the period beginning on

October 1, 2023, and ending on

May 10, 2024.” Subsec. (a)(16). Pub. L. 118–41 added par. (16) and struck out former par. (16) which read as follows: “$111,475,410 for the period beginning on

October 1, 2023, and ending on

March 8, 2024.” Subsec. (g). Pub. L. 118–63, § 1004(b), substituted “the date that is 30 days after the date of submission” for “the date of submission”. 2023—Subsec. (a)(16). Pub. L. 118–34 added par. (16) and struck out former par. (16) which read as follows: “$64,098,360 for the period beginning on

October 1, 2023, and ending on

December 31, 2023.” Pub. L. 118–15 added par. (16). 2018—Subsec. (a). Pub. L. 115–254, § 703(a)(1), struck out “and, for each of fiscal years 2012 through 2015, under subsection (g)” after “this title” in introductory provisions. Subsec. (a)(10). Pub. L. 115–254, § 703(a)(2), (3), added par. (10) and struck out former par. (10) which read as follows: “$176,500,000 for fiscal year 2018.” Pub. L. 115–141 amended par. (10) generally. Prior to amendment, par. (10) read as follows: “$88,008,219 for the period beginning on

October 1, 2017 and ending on

March 31, 2018.” Subsec. (a)(11) to (15). Pub. L. 115–254, § 703(a)(2), (3), added pars. (11) to (15). Subsec. (b)(1). Pub. L. 115–254, § 703(b)(1), substituted “prioritize safety in considering” for “consider”. Subsec. (b)(2), (3). Pub. L. 115–254, § 703(b)(2)–(4), added par. (2), redesignated former par. (2) as (3), and struck out former par. (3) which read as follows: “At least 3 percent of the amount appropriated under subsection (a) of this section shall be available to the Administrator of the Federal Aviation Administration to make grants under section 44511 of this title.” Subsec. (g). Pub. L. 115–254, § 703(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) authorized certain programs described in the research, engineering, and development account of the national aviation research plan required under section 44501(c). 2017—Subsec. (a)(10). Pub. L. 115–63 added par. (10). 2016—Subsec. (a)(9). Pub. L. 114–190 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “$124,093,750 for the period beginning on

October 1, 2015, and ending on

July 15, 2016.” Pub. L. 114–141 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “$78,375,000 for the period beginning on

October 1, 2015, and ending on

March 31, 2016.” 2015—Subsec. (a)(9). Pub. L. 114–55 added par. (9). 2012—Subsec. (a). Pub. L. 112–95, § 901(a)(1), substituted “of this title and, for each of fiscal years 2012 through 2015, under subsection (g)” for “of this title” in introductory provisions. Subsec. (a)(1) to (15). Pub. L. 112–95, § 901(a)(2)–(5), redesignated pars. (9) to (15) as (1) to (7), respectively, inserted “and” at end of par. (3)(K), struck out “and” at end of par. (3)(L), added par. (8), and struck out former pars. (1) to (8) which related to appropriations for fiscal years 1995 to 2002. Subsec. (a)(16). Pub. L. 112–95, § 901(a)(5), struck out par. (16) which read as follows: ”$64,092,459 for the period beginning on

October 1, 2011, and ending on

February 17, 2012.” Pub. L. 112–91 amended par. (16) generally. Prior to amendment, par. (16) read as follows: “$57,016,885 for the period beginning on

October 1, 2011, and ending on

January 31, 2012.” Subsec. (g). Pub. L. 112–95, § 901(b), added subsec. (g). 2011—Subsec. (a)(15), (16). Pub. L. 112–30 added pars. (15) and (16). 2010—Subsec. (a)(14). Pub. L. 111–216 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$159,184,932 for the period beginning on

October 1, 2009, and ending on

August 1, 2010.” Pub. L. 111–197 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$144,049,315 for the period beginning on

October 1, 2009, and ending on

July 3, 2010.” Pub. L. 111–161 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$111,125,000 for the 7-month period beginning on

October 1, 2009.” Pub. L. 111–153 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$92,500,000 for the 6-month period beginning on

October 1, 2009.” 2009—Subsec. (a)(13). Pub. L. 111–12 substituted “$171,000,000 for fiscal year 2009” for “$85,507,500 for the 6-month period beginning on

October 1, 2008”. Subsec. (a)(14). Pub. L. 111–116 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$46,250,000 for the 3-month period beginning on

October 1, 2009.” Pub. L. 111–69 added par. (14). 2008—Subsec. (a)(11) to (13). Pub. L. 110–330 struck out “and” at end of subpar. (K) of par. (11), substituted “; and” for period at end of subpar. (L) of par. (12), and added par. (13). 2003—Subsec. (a). Pub. L. 108–176, § 701(1), substituted “for conducting civil aviation research and development under section 44504” for “to carry out section 44504” in introductory provisions. Subsec. (a)(9) to (12). Pub. L. 108–176, § 701(2)–(4), added pars. (9) to (12). Subsec. (h)(1)(D). Pub. L. 108–176, § 707, added subpar. (D). 2000—Subsec. (a)(6) to (8). Pub. L. 106–181 added pars. (6) to (8). 1998—Subsec. (a)(4). Pub. L. 105–155, § 2, added par. (4). Subsec. (a)(4)(J). Pub. L. 105–155, § 3(b), inserted “, of which $750,000 shall be for carrying out the grant program established under subsection (h)” after “projects and activities”. Subsec. (a)(5). Pub. L. 105–155, § 2, added par. (5). Subsec. (h). Pub. L. 105–155, § 3(a), added subsec. (h). 1996—Subsec. (a)(3). Pub. L. 104–264, § 1102, added par. (3). Subsec. (b). Pub. L. 104–264, § 1103, substituted “Research Priorities” for “Availability for Research” in heading, added par. (1), and redesignated former pars. (1) and (2) as (2) and (3), respectively. Subsec. (c)(2)(A). Pub. L. 104–287, § 5(74), substituted “Committees on Science” for “Committees on Science, Space, and Technology”. Subsec. (d)(2). Pub. L. 104–287, § 5(74), substituted “Committees on Science” for “Committees on Science, Space, and Technology”. Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”. 1994—Subsec. (a)(1), (2). Pub. L. 103–305 inserted pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) for the fiscal year ending

September 30, 1993— “(A) $14,700,000 only for management and analysis projects and activities. “(B) $87,000,000 only for capacity and air traffic management technology projects and activities. “(C) $28,000,000 only for communications, navigation, and surveillance projects and activities. “(D) $7,700,000 only for weather projects and activities. “(E) $6,800,000 only for airport technology projects and activities. “(F) $44,000,000 only for aircraft safety technology projects and activities. “(G) $41,100,000 only for system security technology projects and activities. “(H) $31,000,000 only for human factors and aviation medicine projects and activities. “(I) $4,500,000 for environment and energy projects and activities. “(J) $5,200,000 for innovative and cooperative research projects and activities. “(2) for the fiscal year ending

September 30, 1994, $297,000,000.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date

of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. Notices Pub. L. 105–155, § 4, Feb. 11, 1998, 112 Stat. 6, provided that: “(a) Reprogramming.—If any funds authorized by the

Amendments

made by this Act [amending this section] are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committees on Science [now Science, Space, and Technology] and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(b) Notice of Reorganization.—The Administrator of the Federal Aviation Administration shall provide notice to the Committees on Science [now Science, Space, and Technology], Transportation and Infrastructure, and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days before any major reorganization (as determined by the Administrator) of any program of the Federal Aviation Administration for which funds are authorized by this Act.”

§48102 Research and development

Summary

Title 49, §48102

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata