49 U.S.C. § 44505: Systems, procedures, facilities, services, and devices

develop, alter, test, and evaluate systems, procedures, facilities, services, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems. The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31. When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated. to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety; to enhance air traffic controller, mechanic, and flight crew performance; to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews; to identify innovative and effective corrective measures for human errors that adversely affect air safety; to predict airport and air traffic control safety and capacity problems; to evaluate planned research projects; and to test proposed revisions in airport and air traffic control operations programs; to develop a better understanding of the relationship between human factors and unmanned aircraft system safety; and to develop or procure dynamic simulation models and tools for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users. airspace and airport planning and design; airport capacity enhancement techniques; human performance in the air transportation environment; aviation safety and security; the supply of trained air transportation personnel, including pilots and mechanics; and other aviation issues related to developing and maintaining a safe and efficient air transportation system. Not later than 1 year after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall conduct research on methods and procedures to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system. Not later than 6 months after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budgetary profile. The Administrator shall enter into an arrangement with the National Research Council to conduct an independent review of the plan developed under paragraph (2) and shall provide the results of that review to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of the FAA Modernization and Reform Act of 2012. The Administrator may enter into cooperative agreements on a cost-shared basis with Federal and non-Federal entities that the Administrator may select in order to conduct, encourage, and promote aviation research, engineering, and development, including the development of prototypes and demonstration models. Not later than 2 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall review the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled ‘Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121’, issued on August 10, 2021 (NTSB/SS–21/01) and provide a briefing 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] with any planned actions in response to the recommendations of the report. Not later than 3 years after the date of enactment of this Act, the Administrator shall implement, as appropriate, the recommendations in the safety research report described in subsection (a). the date on which such recommendations have been adopted or adjudicated as described in paragraph (2); or the date that is 10 years after the date of enactment of this Act. If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.” The Administrator [of the Federal Aviation Administration] shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as ‘FPO’) into the trajectory based-operations air traffic flow management system of the FAA [Federal Aviation Administration]. The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft. The extent to which developed FPO capabilities may achieve environmental benefits and time savings. The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the performance of the FAA in carrying out air traffic flow management system development projects. Any other information the Administrator determines appropriate. To be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. A grant awarded under the program may not exceed $2,000,000 to a single air traffic flow management technology provider. Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], and annually thereafter until the termination of the pilot program under subsection (d) established under this section, the Administrator shall brief 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] on the progress of such pilot program, including any implementation challenges of the program, detailed metrics of the program, and any recommendations to achieve the adoption of FPO. In this section, the term ‘trajectory-based operations’ means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements. The pilot program under this section shall terminate on October 1, 2028 .” The Administrator [of the Federal Aviation Administration] shall evaluate the addition of satellite voice communication services (in this section referred to as ‘SatVoice’) to the Aeronautical Mobile Communications program (in this section referred to as the ‘AMCS program’) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace. Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall begin to develop the safety case analysis and implementation procedures for SatVoice instructions over the controlled oceanic and remote continental airspace regions of the FAA [Federal Aviation Administration]. Network and protocol testing and integration with satellite service providers. Operational testing with aircraft to identify and resolve performance issues. A definition of Satcom Standards and Recommended Practices established through a collaboration with the International Civil Aviation Organization, which shall include an RCP–130 performance standard as well as SatVoice standards. Training for radio operators on new operation procedures and protocols. A phased implementation plan for incorporating SatVoice services into the AMCS program. The estimated cost of the implementation procedures for relevant stakeholders. Nothing in this section shall be construed to affect the HF/VHF equipage requirement for communications in oceanic and remote continental airspace as of the date of enactment of this Act. The Administrator shall maintain HF/VHF services existing as of the date of enactment of this Act as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.” Not later than 18 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall establish a pilot program to conduct testing and an evaluation to determine the feasibility of the use, in air traffic control towers, of technology for mobile clearance delivery for general aviation and on-demand air carriers operating under part 135 of title 14, Code of Federal Regulations, at suitable airports that do not have tower data link services. The Administrator shall designate 5 suitable airports for participation in the program established under subsection (a) after consultation with the exclusive representatives of air traffic controllers certified under section 7111 of title 5 , United States Code, airport sponsors, aircraft and avionics manufacturers, MITRE, and aircraft operators In designating airports under paragraph (1), the Administrator shall designate airports of different size and complexity. The program established under subsection (a) shall address and include safety, security, and operational requirements for mobile clearance delivery at airports and heliports across the United States. Not later than 1 year after the date on which the program under subsection (a) is established, 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 safety, security, and operational performance of mobile clearance delivery at airports pursuant to this section and recommendations on how best to improve the program. The term ‘mobile clearance delivery’ means the delivery of access to departure clearance and clearance cancellation via internet protocol via applications to pilots while aircraft are on the ground where traditional data link installations are not feasible or possible. The term ‘tower data link services’ means communications between controllers and pilots using controller-pilot data link communications. The term ‘suitable airport’ means towered airports, non-towered airports, and heliports.” Not later than 120 days after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall initiate an audit of all legacy systems of the national airspace system to determine the level of operational risk, functionality, and security of such systems and the compatibility of such systems with current and future technology. shall be conducted by an independent third-party contractor or a federally funded research and development center selected by the Administrator; shall include an assessment of whether a legacy system is an outdated, insufficient, unsafe, or unstable legacy system; an analysis of the operational risks associated with using such legacy systems; recommendations for replacement or enhancement of such legacy systems; and an analysis of any potential impact on aviation safety and efficiency; and the expected lifespan of such aviation infrastructure; the number and type of mechanical failures of such aviation infrastructure; the average annual costs of maintaining such aviation infrastructure over a 5-year period and whether such costs exceed the cost to replace such aviation infrastructure; and the availability of replacement parts or labor capable of maintaining such aviation infrastructure. Not later than 15 months after the date of enactment of this Act, the audit required under subsection (a) shall be completed. an inventory of the legacy systems in use; an assessment of the operational condition of the legacy systems in use, including the interoperability of such systems; the average age of such legacy systems and, for each such legacy system, the intended design life of the system, by type; and the availability of replacement parts, equipment, or technology to maintain such legacy systems. Not later than 120 days after the date on which the Administrator provides the report under subsection (d), the Administrator shall develop and implement a plan, in consultation with industry representatives, to accelerate the drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required under subsection (a) as outdated, insufficient, unsafe, or unstable legacy systems. In developing the plan under paragraph (1), the Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to aviation safety and the costs associated with the replacement or enhancement of such legacy systems. collaborate with industry representatives and other external experts in information technology to develop the plan under paragraph (1) within a reasonable timeframe; identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meet the technical information technology needs of the FAA [Federal Aviation Administration]; and maintain consistency with the acquisition management system established and updated pursuant to section 40110(d) of title 49 , United States Code. The Administrator shall provide the appropriate committees of Congress with semiannual updates through September 30, 2028 on the progress made in carrying out the plan under paragraph (1). Not later than 3 years after the Administrator develops the plan required under paragraph (1), the inspector general of the Department of Transportation shall assess such efforts of the Administration to drawdown, replace, or enhance any legacy systems identified under subsection (a). The inspector general shall submit to the appropriate committees of Congress a report on the results of the review carried out under subparagraph (A). The term ‘industry’ means aviation industry organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization standards. The term ‘legacy system’ means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure, or other critical software and hardware systems owned by the FAA, that were deployed prior to the year 2000, including the Notice to Air Missions system. that is vulnerable or susceptible to mechanical failure; and with a risk of a single point of failure or that lacks sufficient contingencies in the event of such failure.” Not later than 270 days after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration], in coordination with the Secretary of Defense, and other heads of relevant Federal agencies, shall establish a pilot program to make airspace data feeds containing controlled unclassified information available to qualified users (as determined by the Administrator), consistent with subsection (b). air traffic management services; and unmanned aircraft system traffic management services; or to test technologies that may enable or enhance the provision of the services described in paragraph (1). In establishing the process described in subsection (b), the Administrator shall consult with representatives of the unmanned aircraft systems industry and related technical groups to identify an efficient, secure, and effective format and method for providing data described in this section. Not later than 90 days after establishing the pilot program under subsection (a), and annually thereafter through 2028, the Administrator shall brief 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] on the findings of the pilot program established under this section. This section shall cease to be effective on October 1, 2028 .” the Aeronautical Information Management Modernization, including the Notice to Air Missions system of the FAA; the Aviation Safety Information Analysis and Sharing system; and the Service Difficulty Reporting System. Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of the aeronautical information systems of the FAA. Such review shall identify opportunities for additional coordination between the Administrator and the John A. Volpe National Transportation Systems Center to further modernize such systems. Not later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator, the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and 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 review conducted under paragraph (1) and such recommendations as the Center determines appropriate.” Subject to the availability of appropriations, the Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and other relevant Federal agencies, shall carry out research, development, demonstration, and testing to enable civil aviation surveillance over oceans and other remote locations to improve safety. Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report on the activities carried out under this section. Nothing in this section shall be construed to duplicate existing efforts conducted by the Administrator, in coordination with other Federal agencies.” The Administrator [of the Federal Aviation Administration], in consultation with the National Telecommunications and Information Administration and the Federal Communications Commission, shall conduct research, engineering, and development related to the effective and efficient use and management of radio frequency spectrum in the civil aviation domain, including for aircraft, unmanned aircraft systems, and advanced air mobility. How reallocation or repurposing of radio frequency spectrum adjacent to spectrum allocated for communication, navigation, and surveillance may impact the safety of civil aviation. The effectiveness of measures to identify risks, protect, and mitigate against spectrum interference in frequency bands used in civil aviation operations to ensure public safety. The identification of any emerging civil aviation systems and their anticipated spectrum requirements. The implications of paragraphs (1) through (3) on existing civil aviation systems that use radio frequency spectrum, including on the operational specifications of such systems, as it relates to existing and to future radio frequency spectrum requirements for civil aviation. Not later than 2 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report containing the results of the research, engineering, and development conducted under subsection (a).” enhance the monitoring and understanding of severe turbulence, including clear-air turbulence; and inform the development of measures to mitigate safety impacts on crew and the flying public that may result from severe turbulence. establish processes and procedures for comprehensive and systematic data collection, through both instrumentation and pilot reporting, of severe turbulence, including clear-air turbulence; establish measures for storing and managing such data collection; support measures for monitoring and characterizing incidents of severe turbulence; consider relevant existing research and development from other entities, including Federal departments and agencies, academia, and the private sector; and to understand the impacts of relevant factors on the nature of turbulence, including severe turbulence and clear-air turbulence; to enhance turbulence forecasts for flight planning and execution, seasonal predictions for schedule and route-planning, and long-term projections of severe turbulence, including clear-air turbulence; and on other subject matters areas related to severe turbulence, as determined by the Administrator; and support the effective transition of the results of research and development to operations, in cases in which such transition is appropriate. The Administrator shall ensure that research and development activities under this section do not duplicate other Federal programs relating to turbulence. The purchase of turbulence data. The placement on aircraft of instruments relevant to understanding and monitoring turbulence. The Administrator shall make the data collected under subsection (b) widely available and accessible to the scientific research, user, and stakeholder communities, including the Administrator of the National Oceanic and Atmospheric Administration, to the greatest extent practicable and in accordance with FAA [Federal Aviation Administration] data management policies. details the activities conducted under this section, including how the requirements of subsection (b) have contributed to the goals described in paragraphs (1) and (2) of subsection (a); assesses the current state of scientific understanding of the causes, occurrence rates, and past and projected future trends in occurrence rates of severe turbulence, including clear-air turbulence; describes the processes and procedures for collecting, storing, and managing, data in pursuant to subsection (b); the use of commercial providers pursuant to subsection (d)(1); and the need for any future Federal Government collection or procurement of data and instruments related to turbulence, including an assessment of costs; describes how such data will be made available to the scientific research, user, and stakeholder communities; and identifies future research and development needed to inform the development of measures to predict and mitigate the safety impacts that may result from severe turbulence, including clear-air turbulence.” research concrete and asphalt pavement technologies that extend the life of airfield pavements; develop sustainability and resiliency guidelines to improve long-term pavement performance; develop and conduct training with respect to such airfield pavement technologies; provide for demonstration projects of such airfield pavement technologies; and promote the latest airfield pavement technologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements.” The Secretary of Transportation shall carry out a pilot program at not more than 5 public-use airports under which the Federal Aviation Administration shall use funds made available under section 48101(a) of title 49 , United States Code, to test air traffic flow management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of aircraft on the ground and reduce the length of ground holds and idling time for aircraft. In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds expended under the pilot program. Not more than a total of $2,500,000 may be expended under the pilot program at any single public-use airport.” the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and more durable airfield pavements; and engineered material restraining systems for runways at both general aviation airports and airports with commercial air carrier operations.” initiate an evaluation of proposals related to research on the nature of wake vortexes that would increase national airspace system capacity by reducing existing spacing requirements between aircraft of all sizes; begin implementation of a system to improve volcanic ash avoidance options for aircraft, including the development of a volcanic ash warning and notification system for aviation; and ground de-icing and anti-icing, ice pellets, and freezing drizzle; oceanic weather, including convective weather; en route turbulence prediction and detection; and all hazards during oceanic operations, where commercial traffic is high and only rudimentary satellite sensing is available.” The Administrator of the Federal Aviation Administration shall review and determine whether the Federal Aviation Administration’s standards used to determine the appropriate thickness for asphalt and concrete airfield pavements are in accordance with the Federal Aviation Administration’s standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements. If the Administrator determines that such standards are not in accordance with that requirement, the Administrator shall make appropriate adjustments to the Federal Aviation Administration’s standards for airfield pavements. Within 1 year after the date of enactment of this Act [ Dec. 12, 2003 ], the Administrator shall report the results of the review conducted under subsection (a) and the adjustments, if any, made on the basis of that review to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure and Committee on Science [now Committee on Science, Space, and Technology].” The Administrator [of the Federal Aviation Administration] shall conduct a study of the use of recycled materials (including recycled pavements, waste materials, and byproducts) in pavement used for runways, taxiways, and aprons and the specification standards in tests necessary for the use of recycled materials in such pavement. The primary focus of the study shall be on the long-term physical performance, safety implications, and environmental benefits of using recycled materials in aviation pavement. The Administrator may carry out the study by entering into a contract with a university of higher education with expertise necessary to carry out the study. Not later than 1 year after the date of the enactment of this Act [ Apr. 5, 2000 ], the Administrator shall transmit to Congress a report on the results of the study, together with recommendations concerning the use of recycled materials in aviation pavement. Of the amounts appropriated pursuant to section 106(k) of title 49 , United States Code, not to exceed $1,500,000 may be used to carry out this section.” improving the existing runway condition information contained in the airport safety data program by reviewing and revising rating criteria and providing increased training for inspectors; requiring such airports to submit pavement condition index information as part of their airport master plan or as support in applications for airport improvement grants; and requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a pavement condition database that could be used in evaluating the cost-effectiveness of project applications and forecasting anticipated pavement needs. Not later than 12 months after the date of the enactment of this Act [ Apr. 5, 2000 ], the Administrator shall transmit a report containing an evaluation of the options described in subsection (a) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.” It is the purpose of this section to improve aviation safety and enhance mobility of the Nation’s air transportation system by encouraging non-Federal investment on a pilot program basis in critical air traffic control facilities and equipment. Subject to the requirements of this section, the Secretary [of Transportation] shall carry out a pilot program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects. The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117 of title 49 , United States Code. No eligible project may receive more than $15,000,000 under the program. The Secretary shall use amounts appropriated under section 48101(a) of title 49 , United States Code, for fiscal years 2001 through 2003 to carry out the program. airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landings systems, weather and wind shear detection equipment, lighting improvements, and control towers; automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and facilities and equipment that enhance airspace control procedures, including consolidation of terminal radar control facilities and equipment, or assist in en route surveillance, including oceanic and offshore flight tracking. The term ‘project sponsor’ means a public-use airport or a joint venture between a public-use airport and one or more air carriers. Notwithstanding any other provision of law, project sponsors may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, and automation tools, the purchase of which was assisted by a grant made under this section. The Administration shall accept such facilities, equipment, and automation tools, which shall thereafter be operated and maintained by the Administration in accordance with criteria of the Administration. Not later than 90 days after the date of the enactment of this Act [ Apr. 5, 2000 ], the Administrator shall issue advisory guidelines on the implementation of the program.” The Administrator [of the Federal Aviation Administration] shall conduct a study of the role of aircraft dispatchers in enhancing aviation safety. The study shall include an assessment of whether or not aircraft dispatchers should be required for those operations not presently requiring aircraft dispatcher assistance, operational control issues related to the aircraft dispatching functions, and whether or not designation of positions within the Federal Aviation Administration for oversight of dispatchers would enhance aviation safety. Not later than 1 year after the date of the enactment of this Act [ Apr. 5, 2000 ], the Administrator shall transmit to Congress a report on the results of the study conducted under this section.” The Administrator [of the Federal Aviation Administration] shall conduct a study to determine the number of persons working at airports who are injured or killed as a result of being struck by a moving vehicle while on an airport tarmac, the seriousness of the injuries to such persons, and whether or not reflective safety vests or other actions should be required to enhance the safety of such workers. Not later than 1 year after the date of the enactment of this Act [ Apr. 5, 2000 ], the Administrator shall transmit to Congress a report on the results of the study conducted under this section.” The Administrator [of the Federal Aviation Administration] may conduct a study on the impact of alkali silica reactivity distress on airport runways and taxiways and the use of lithium salts and other alternatives for mitigation and prevention of such distress. The study shall include a determination based on in-the-field inspections followed by petrographic analysis or other similar techniques. The Administrator may carry out the study by making a grant to, or entering into a cooperative agreement with, a nonprofit organization for the conduct of all or a part of the study. Not later than 18 months after the date of initiation of the study under subsection (a), the Administrator shall transmit to Congress a report on the results of the study.” The Administrator of the Federal Aviation Administration shall continue the program to consider awards to nonprofit concrete and asphalt pavement research foundations to improve the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and more durable airfield pavements. The Administrator may use grants or cooperative agreements in carrying out this section. Nothing in this section requires the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs.”