§106. Federal Aviation Administration

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

(b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. The Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.

(c) The Administrator must-

(1) be a citizen of the United States;

(2) be a civilian; and

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

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

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

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

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

(f) The Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. The Secretary may not submit decisions for the approval of, nor be bound by the decisions or recommendations of, a committee, board, or organization established by executive order.

(g) Duties and Powers of Administrator.-(1) Except as provided in paragraph (2) of this subsection, the Administrator shall carry out-

(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a) and (b), chapter 451, sections 45302, 45303, 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504(b) (related to flight procedures), 47508(a), and 48107 of this title; and

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

(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by section 44931 of this title.

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

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

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

(k) Authorization of Appropriations for Operations.-There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.

( Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2416 ; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5 ; Pub. L. 100–591, §5(a), Nov. 3, 1988, 102 Stat. 3013 ; Pub. L. 101–508, title IX, §9106, Nov. 5, 1990, 104 Stat. 1388–355 ; Pub. L. 101–604, title I, §101(c), Nov. 16, 1990, 104 Stat. 3068 ; Pub. L. 102–581, title I, §104, Oct. 31, 1992, 106 Stat. 4877 ; Pub. L. 103–272, §§4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365 , 1375; Pub. L. 103–305, title I, §103, title II, §201, Aug. 23, 1994, 108 Stat. 1571 , 1581.)

Historical and Revision Notes
Pub. L. 97–449

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
106(a)	49:1341(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §§301(a), (b), 302(a), (b), 72 Stat. 744 ; Aug. 14, 1964, Pub. L. 88–426, §305(16) (B), (C), 78 Stat. 424 .
	49:1652(e)(1) (related to FAA).	Oct. 15, 1966, Pub. L. 89–670, §3(e) (related to FAA), 80 Stat. 932 .
106(b)	49:1341(a) (2d sentence), (b) (1st sentence less 1st–10th words).
	49:1342(a) (1st sentence), (b) (1st sentence less 1st–11th words).
	49:1652(e) (related to FAA)(1) (less 1st sentence), (3) (last sentence).
106(c)	49:1341(b) (1st sentence 1st–10th words, 2d sentence).
	49:1652(e)(2) (related to Administrator).
106(d)	49:1342(b) (1st sentence 1st–11th words, 2d sentence, 4th–6th sentences).
	49:1652(e)(2) (1st sentence less Administrator).
	49:1343(a)(2) (related to Deputy Administrator).	Aug. 23, 1958, Pub. L. 85–726, §302(c)(2) (related to Deputy Administrator), 72 Stat. 745 .
106(e)	49:1341(b) (less 1st, 2d sentences).
	49:1342(b) (3d sentence).
106(f)	49:1341(a) (less 1st, 2d sentences).
106(g)	49:1652(e)(3) (related to FAA) (less last sentence).
	49:1655(c)(1) (1st sentence proviso).	Oct. 15, 1966, Pub. L. 89–670, §6(c)(1) (1st sentence proviso, 2d, last sentences), 80 Stat. 938 ; Jan. 3, 1975, Pub. L. 93–633, §113(d), 88 Stat. 2163 .
106(h)	49:1652(e)(4) (related to FAA).
	49:1655(c)(1) (2d, last sentences).
106(i)	49:1342(a) (2d, last sentences).

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

In subsection (a), the words "referred to in this chapter as the 'Administration' " are omitted because of the style of the revised title.

In subsection (b), the word "due" in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words "the duties and powers" are substituted for "the powers and duties vested in and imposed upon him by this chapter" to eliminate surplus words and for consistency. The word "consider" is substituted for "with . . . regard to" for clarity.

In subsections (c) and (d), the words "At the time of his nomination" are omitted as unnecessary and for consistency.

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

In subsection (d)(1), the words "Nothing in this chapter or other law shall preclude" in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words "armed force" are substituted for "armed services" to conform to title 10. The words "to the position of" are omitted as surplus.

In subsection (d)(2), the word "continue" is omitted as surplus. The words "pay provided by law for the Deputy Administrator" are substituted for "compensation provided for the Deputy Administrator" in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words "(including personal money allowance)" are omitted as being within the meaning of "allowance" in title 37. The words "as the case may be" are omitted as surplus. The words "of the military grade held" are substituted for "military . . . payable to a commissioned officer of his grade and length of service" to eliminate unnecessary words. The words "Administration" and "military" are added for clarity. The words "to defray" are omitted as surplus.

In subsection (d)(3), the words "acceptance of, and" are omitted as unnecessary. The word "held" is substituted for "may occupy or hold" to eliminate unnecessary words. The words "right or benefit" are substituted for "emolument, perquisite, right, privilege, or benefit" to eliminate unnecessary words. The words "incident to or" before "arising" are omitted as surplus.

In subsection (f), the word "Secretary" is substituted for "Administrator" because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words "In the exercise of his duties and the discharge of his responsibilities under this chapter" are omitted as surplus.

In subsection (g), the words "are hereby transferred to" in 49:1655(c)(1) are omitted as executed. The words "carry out" are substituted for "it shall be his duty to exercise" in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words "In addition to such functions, powers, and duties as are specified in this chapter" in 49:1652(e)(3) are omitted as unnecessary because of the restatement.

In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word "law" is substituted for "statute" in 49:1652(e)(4) for consistency. The words "carrying out" in 49:1655(c)(1) (last sentence) are substituted for "the exercise of" for consistency. The words after "administratively final" are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal.

In subsection (i), the words "and exercise the powers of" are omitted as surplus. The words "when the office of the Administrator is vacant" are inserted to conform to section 102 of the revised title.

Pub. L. 103–272

Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2417). The others are from laws enacted after October 15, 1966, in which the duties and powers are to be carried out by the Administrator rather than the Secretary.

References in Text

The date of the enactment of this sentence, referred to in subsec. (b), is the date of enactment of Pub. L. 103–305, which was approved Aug. 23, 1994.

Amendments

1994-Subsec. (b). Pub. L. 103–305, §201, inserted at end "The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years."

Subsec. (f). Pub. L. 103–272, §4(j)(3)(A), substituted "Secretary of Transportation shall" for "Secretary shall".

Subsec. (g). Pub. L. 103–272, §4(j)(3)(B), inserted heading and amended text generally. Prior to amendment, text read as follows: "The Administrator shall carry out-

"(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and

"(2) additional duties and powers prescribed by the Secretary."

Subsec. (h). Pub. L. 103–272, §5(m)(4)(A), substituted "Section 40101(d) of this title" for "Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)".

Subsec. (j). Pub. L. 103–272, §5(m)(4)(B), substituted "section 44507 of this title" for "section 312(e) of the Federal Aviation Act of 1958".

Subsec. (k). Pub. L. 103–305, §103, substituted ", $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996" for ", $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995".

Pub. L. 103–272, §4(j)(3)(C), inserted "to the Secretary of Transportation" after "appropriated".

1992-Subsec. (k). Pub. L. 102–581 substituted "1991," for "1991 and" and inserted before period at end ", $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995".

1990-Subsec. (g)(1). Pub. L. 101–604 inserted "315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990)," after "312–314,".

Subsec. (k). Pub. L. 101–508 added subsec. (k).

1988-Subsec. (j). Pub. L. 100–591 added subsec. (j).

1984-Subsecs. (g)(1), (h). Pub. L. 98–216 substituted "49 App. U.S.C." for "49 U.S.C.".

Dependents of Federal Aviation Administration Personnel

Provisions authorizing the expenditure of certain funds appropriated for the Federal Aviation Administration for (1) except as otherwise authorized by 20 U.S.C. 236–244 [see 20 U.S.C. 7701 et seq.], expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis, were contained in the following appropriation acts:

Sept. 30, 1994, Pub. L. 103–331, title III, §303, 108 Stat. 2488 .

Oct. 27, 1993, Pub. L. 103–122, title III, §303, 107 Stat. 1219 .

Oct. 6, 1992, Pub. L. 102–388, title III, §303, 106 Stat. 1543 .

Oct. 28, 1991, Pub. L. 102–143, title III, §303, 105 Stat. 939 .

Nov. 5, 1990, Pub. L. 101–516, title III, §303, 104 Stat. 2178 .

Nov. 21, 1989, Pub. L. 101–164, title III, §303, 103 Stat. 1091 .

Sept. 30, 1988, Pub. L. 100–457, title III, §303, 102 Stat. 2146 .

Dec. 22, 1987, Pub. L. 100–202, §101(l) [title III, §303], 101 Stat. 1329–358 , 1329-377.

Oct. 18, 1986, Pub. L. 99–500, §101(l) [H.R. 5205, title III, §303], 100 Stat. 1783–308 , and Oct. 30, 1986, Pub. L. 99–591, §101(l), 100 Stat. 3341–308 .

Dec. 19, 1985, Pub. L. 99–190, §101(e) [title III, §303], 99 Stat. 1267 , 1284.

Oct. 12, 1984, Pub. L. 98–473, title I, §101(i) [title III, §303], 98 Stat. 1944 , 1961.

Aug. 15, 1983, Pub. L. 98–78, title III, §303, 97 Stat. 470 .

Dec. 18, 1982, Pub. L. 97–369, title III, §306, 96 Stat. 1781 .

Dec. 23, 1981, Pub. L. 97–102, title III, §306, 95 Stat. 1458 .

Oct. 9, 1980, Pub. L. 96–400, title III, §306, 94 Stat. 1695 .

Nov. 30, 1979, Pub. L. 96–131, title III, §307, 93 Stat. 1037 .

Aug. 4, 1978, Pub. L. 95–335, title III, §310, 92 Stat. 448 .

Aug. 2, 1977, Pub. L. 95–85, title III, §310, 91 Stat. 416 .

Aug. 14, 1976, Pub. L. 94–387, title III, §312, 90 Stat. 1185 .

Nov. 24, 1975, Pub. L. 94–134, title III, §310, 89 Stat. 711 .

Aug. 28, 1974, Pub. L. 93–391, title III, §311, 88 Stat. 780 .

Aug. 16, 1973, Pub. L. 93–98, title III, §313, 87 Stat. 340 .

Aug. 22, 1972, Pub. L. 92–398, title III, §313, 86 Stat. 591 .

Aug. 10, 1971, Pub. L. 92–74, title I, 85 Stat. 203 .

Dec. 26, 1969, Pub. L. 91–168, title I, 83 Stat. 455 .

Aug. 8, 1968, Pub. L. 90–464, title I, 82 Stat. 655 .

Oct. 23, 1967, Pub. L. 90–112, title II, 81 Stat. 312 .

June 29, 1966, Pub. L. 89–474, title I, 80 Stat. 223 .

June 30, 1965, Pub. L. 89–57, title I, 79 Stat. 197 .

Aug. 1, 1964, Pub. L. 88–392, title I, 78 Stat. 369 .

June 13, 1963, Pub. L. 88–39, title I, 77 Stat. 59 .

Aug. 6, 1962, Pub. L. 87–575, title I, 76 Stat. 311 .

Aug. 21, 1961, Pub. L. 87–159, title I, 75 Stat. 395 .

June 30, 1960, Pub. L. 86–561, title I, 74 Stat. 285 .

June 11, 1959, Pub. L. 86–39, title I, 73 Stat. 67 .

Mar. 28, 1958, Pub. L. 85–354, title I, 72 Stat. 63 .

May 27, 1957, Pub. L. 85–37, title I, 71 Stat. 37 .

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

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

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

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

Aviation Safety Commission

Pub. L. 99–500, title V, §§501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783-373, and Pub. L. 99–591, title V, §§501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341-376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most efficiently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986.

Appointment of Retired Military Officer as Administrator

Pub. L. 102–308, June 26, 1992, 106 Stat. 273 , provided: "That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards' appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code.

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

"Sec. 3. Nothing in this Act shall be construed as approval by the Congress of any future appointments of military persons to the Office of Administrator of the Federal Aviation Administration."

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

Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678 .

Pub. L. 101–47, June 30, 1989, 103 Stat. 134 .

Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125 .

Pub. L. 89–46, June 22, 1965, 79 Stat. 171 .

Section Referred to in Other Sections

This section is referred to in sections 322, 44507 of this title.