42 USC CHAPTER 150, SUBCHAPTER IV: AERONAUTICS
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42 USC CHAPTER 150, SUBCHAPTER IV: AERONAUTICS
From Title 42—THE PUBLIC HEALTH AND WELFARECHAPTER 150—NATIONAL AERONAUTICS AND SPACE PROGRAMS, 2005

SUBCHAPTER IV—AERONAUTICS

§16701. Definition

For purposes of this subchapter, the term "institution of higher education" has the meaning given that term by section 1001 of title 20.

(Pub. L. 109–155, title IV, §401, Dec. 30, 2005, 119 Stat. 2923.)

Part A—Governmental Interest in Aeronautics Research and Development

§16711. Governmental interest

Congress reaffirms the national commitment to aeronautics research made in the National Aeronautics and Space Act of 1958 [42 U.S.C. 2451 et seq.]. Aeronautics research and development remains a core mission of NASA. NASA is the lead agency for civil aeronautics research. Further, the government of the United States shall promote aeronautics research and development that will expand the capacity, ensure the safety, and increase the efficiency of the Nation's air transportation system, promote the security of the Nation, protect the environment, and retain the leadership of the United States in global aviation.

(Pub. L. 109–155, title IV, §411, Dec. 30, 2005, 119 Stat. 2923.)

References in Text

The National Aeronautics and Space Act of 1958, referred to in text, is Pub. L. 85–568, July 29, 1958, 72 Stat. 426, as amended, which is classified principally to chapter 26 (§2451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables.

§16712. Aeronautics

(a) Sense of Congress

It is the sense of Congress that the aeronautics research and development program of the National Aeronautics and Space Administration has been an important contributor to innovation and to the competitiveness of the United States and the National Aeronautics and Space Administration should maintain its capabilities to advance the state of aeronautics.

(b) Cooperation with other agencies on aeronautics activities

The Administrator shall coordinate, as appropriate, the National Aeronautics and Space Administration's aeronautics activities with relevant programs in the Department of Transportation, the Department of Defense, the Department of Commerce, and the Department of Homeland Security, including the activities of the Joint Planning and Development Office established under section 709 of the Vision 100–Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2582).

(Pub. L. 110–69, title II, §2002, Aug. 9, 2007, 121 Stat. 583.)

References in Text

Section 709 of the Vision 100–Century of Aviation Reauthorization Act, referred to in subsec. (b), is section 709 of Pub. L. 108–176, which is set out as a note under section 40101 of Title 49, Transportation.

Codification

Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, and not as part of the National Aeronautics and Space Administration Authorization Act of 2005 which comprises this chapter.

Part B—High Priority Aeronautics Research and Development Programs

§16721. Fundamental research program

(a) Objective

In order to ensure that the Nation maintains needed capabilities in fundamental areas of aeronautics research, the Administrator shall establish a program of long-term fundamental research in aeronautical sciences and technologies that is not tied to specific development projects.

(b) Operation

The Administrator shall conduct the program under this section, in part by awarding grants to institutions of higher education. The Administrator shall encourage the participation of institutions of higher education located in States that participate in the Experimental Program to Stimulate Competitive Research. All grants to institutions of higher education under this section shall be awarded through merit review.

(c) Assessment

The Administrator shall enter into an arrangement with the National Research Council for an assessment of the Nation's future requirements for fundamental aeronautics research and whether the Nation will have a skilled research workforce and research facilities commensurate with those requirements. The assessment shall include an identification of any projected gaps, and recommendations for what steps should be taken by the Federal Government to eliminate those gaps.

(d) Report

The Administrator shall transmit the assessment, along with NASA's response to the assessment, to Congress not later than 2 years after December 30, 2005.

(Pub. L. 109–155, title IV, §421, Dec. 30, 2005, 119 Stat. 2924.)

§16722. Research and technology programs

(a) Environmental aircraft research and development

The Administrator may establish an initiative with the objective of developing, and demonstrating in a relevant environment, technologies to enable the following commercial aircraft performance characteristics:

(1) Noise

Noise levels on takeoff and on airport approach and landing that do not exceed ambient noise levels in the absence of flight operations in the vicinity of airports from which such commercial aircraft would normally operate.

(2) Energy consumption

Twenty-five percent reduction in the energy required for medium- to long-range flights, compared to aircraft in commercial service as of December 30, 2005.

(3) Emissions

Nitrogen oxides on take-off and landing that are significantly reduced, without adversely affecting hydrocarbons and smoke, relative to aircraft in commercial service as of December 30, 2005.

(b) Supersonic transport research and development

The Administrator may establish an initiative with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to enable efficient, economical overland flight of supersonic civil transport aircraft with no significant impact on the environment.

(c) Rotorcraft and other runway-independent air vehicles

The Administrator may establish a rotorcraft and other runway-independent air vehicles initiative with the objective of developing and demonstrating improved safety, noise, and environmental impact in a relevant environment.

(d) Hypersonics research

The Administrator may establish a hypersonics research program with the objective of exploring the science and technology of hypersonic flight using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. The program may also include the transition to the hypersonic range of Mach 3 to Mach 5.

(e) Revolutionary aeronautical concepts

The Administrator may establish a research program which covers a unique range of subsonic, fixed wing vehicles and propulsion concepts. This research is intended to push technology barriers beyond current subsonic technology. Propulsion concepts include advanced materials, morphing engines, hybrid engines, and fuel cells.

(f) Fuel cell-powered aircraft research

(1) Objective

The Administrator may establish a fuel-cell powered aircraft research program whose objective shall be to develop and test concepts to enable a hydrogen fuel cell-powered aircraft that would have no hydrocarbon or nitrogen oxide emissions into the environment.

(2) Approach

The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.

(g) Mars aircraft research

(1) Objective

The Administrator may establish a Mars Aircraft project whose objective shall be to develop and test concepts for an uncrewed aircraft that could operate for sustained periods in the atmosphere of Mars.

(2) Approach

The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.

(Pub. L. 109–155, title IV, §422, Dec. 30, 2005, 119 Stat. 2924.)

§16723. Airspace Systems Research

(a) Objective

The Airspace Systems Research program shall pursue research and development to enable revolutionary improvements to and modernization of the National Airspace System, as well as to enable the introduction of new systems for vehicles that can take advantage of an improved, modern air transportation system.

(b) Alignment

Not later than 1 year after December 30, 2005, the Administrator shall align the projects of the Airspace Systems Research program so that they directly support the objectives of the Joint Planning and Development Office's Next Generation Air Transportation System Integrated Plan.

(Pub. L. 109–155, title IV, §423, Dec. 30, 2005, 119 Stat. 2925.)

§16724. Aviation Safety and Security Research

(a) Objective

The Aviation Safety and Security Research program shall pursue research and development activities that directly address the safety and security needs of the National Airspace System and the aircraft that fly in it. The program shall develop prevention, intervention, and mitigation technologies aimed at causal, contributory, or circumstantial factors of aviation accidents.

(b) Alignment

Not later than 1 year after December 30, 2005, the Administrator shall align the projects of the Aviation Safety and Security Research program so that they directly support the objectives of the Joint Planning and Development Office's Next Generation Air Transportation System Integrated Plan.

(Pub. L. 109–155, title IV, §424, Dec. 30, 2005, 119 Stat. 2926.)

§16725. Aviation weather research

The Administrator may carry out a program of collaborative research with the National Oceanic and Atmospheric Administration on convective weather events, with the goal of significantly improving the reliability of 2-hour to 6-hour aviation weather forecasts.

(Pub. L. 109–155, title IV, §425, Dec. 30, 2005, 119 Stat. 2926.)

§16726. Assessment of wake turbulence research and development program

(a) Assessment

The Administrator shall enter into an arrangement with the National Research Council for an assessment of Federal wake turbulence research and development programs. The assessment shall address at least the following questions:

(1) Are the Federal research and development goals and objectives well defined?

(2) Are there any deficiencies in the Federal research and development goals and objectives?

(3) What roles should be played by each of the relevant Federal agencies, such as NASA, the Federal Aviation Administration, and the National Oceanic and Atmospheric Administration, in wake turbulence research and development?

(b) Report

A report containing the results of the assessment conducted pursuant to subsection (a) shall be provided to Congress not later than 2 years after December 30, 2005.

(Pub. L. 109–155, title IV, §426, Dec. 30, 2005, 119 Stat. 2926.)

§16727. University-based Centers for Research on Aviation Training

(a) In general

The Administrator may award grants to institutions of higher education (or consortia thereof) to establish one or more Centers for Research on Aviation Training under cooperative agreements with appropriate NASA Centers.

(b) Purpose

The purpose of the Centers shall be to investigate the impact of new technologies and procedures, particularly those related to the aircraft flight deck and to the air traffic management functions, on training requirements for pilots and air traffic controllers.

(c) Application

An institution of higher education (or a consortium of such institutions) seeking funding under this section shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including, at a minimum, a 5-year research plan.

(d) Award duration

An award made by the Administrator under this section shall be for a period of 5 years and may be renewed on the basis of—

(1) satisfactory performance in meeting the goals of the research plan proposed by the Center in its application under subsection (c); and

(2) other requirements as specified by the Administrator.

(Pub. L. 109–155, title IV, §427, Dec. 30, 2005, 119 Stat. 2926.)

Part C—Scholarships

§16741. NASA aeronautics scholarships

(a) Establishment

The Administrator shall establish a program of scholarships for full-time graduate students who are United States citizens and are enrolled in, or have been accepted by and have indicated their intention to enroll in, accredited Masters degree programs in aeronautical engineering or equivalent programs at institutions of higher education. Each such scholarship shall cover the costs of room, board, tuition, and fees, and may be provided for a maximum of 2 years.

(b) Implementation

Not later than 180 days after December 30, 2005, the Administrator shall publish regulations governing the scholarship program under this section.

(c) Cooperative training opportunities

Students who have been awarded a scholarship under this section shall have the opportunity for paid employment at one of the NASA Centers engaged in aeronautics research and development during the summer prior to the first year of the student's Masters program, and between the first and second year, if applicable.

(Pub. L. 109–155, title IV, §431, Dec. 30, 2005, 119 Stat. 2927.)

Part D—Data Requests

§16751. Aviation data requests

The Administrator shall make available upon request satellite imagery and aerial photography of remote terrain that NASA owns at the time of the request to the Administrator of the Federal Aviation Administration, or the Director of the Five Star Medallion Program, to assist and train pilots in navigating challenging topographical features of such terrain.

(Pub. L. 109–155, title IV, §441, Dec. 30, 2005, 119 Stat. 2927.)