49 U.S.C. § 48102 | Research and development

(a)

Authorization of Appropriations .—

26 U.S.C. 9502Not 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 () for conducting civil aviation research and development under sections 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)

Research Priorities .—

(1)

section 44508 of this title The Administrator shall prioritize safety in considering the advice and recommendations of the research advisory committee established by 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)

Transfers Between Categories .—

(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)

Airport Capacity Research and Development .—

(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)

Air Traffic Controller Performance Research .—

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)

Availability of Amounts .—

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

(g)

Annual Submission of the National Aviation Research Plan .—

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)

Research Grants Program Involving Undergraduate Students.—

(1)

Establishment .—

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)

Notice of criteria .—

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)

Principal criteria .—

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)

Competitive, merit-based evaluation .—

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

Pub. L. 103–272, § 1(e)July 5, 1994108 Stat. 1294 Pub. L. 103–305, title III, § 302Aug. 23, 1994108 Stat. 1589 Pub. L. 104–264, title XIOct. 9, 1996110 Stat. 3278 Pub. L. 104–287, § 5(9)Oct. 11, 1996110 Stat. 3389 Pub. L. 105–155Feb. 11, 1998112 Stat. 5 Pub. L. 106–181, title IX, § 901Apr. 5, 2000114 Stat. 194 Pub. L. 108–176, title VIIDec. 12, 2003117 Stat. 2574 Pub. L. 110–330, § 8Sept. 30, 2008122 Stat. 3719 Pub. L. 111–12, § 8Mar. 30, 2009123 Stat. 1459 Pub. L. 111–69, § 8Oct. 1, 2009123 Stat. 2056 Pub. L. 111–116, § 8Dec. 16, 2009123 Stat. 3033 Pub. L. 111–153, § 8Mar. 31, 2010124 Stat. 1086 Pub. L. 111–161, § 8Apr. 30, 2010124 Stat. 1128 Pub. L. 111–197, § 8July 2, 2010124 Stat. 1355 Pub. L. 111–216, title I, § 107Aug. 1, 2010124 Stat. 2350 Pub. L. 112–30, title II, § 208Sept. 16, 2011125 Stat. 359 Pub. L. 112–91, § 8Jan. 31, 2012126 Stat. 4 Pub. L. 112–95, title IX, § 901(a)Feb. 14, 2012126 Stat. 137 Pub. L. 114–55, title I, § 105Sept. 30, 2015129 Stat. 524 Pub. L. 114–141, title I, § 105Mar. 30, 2016130 Stat. 324 Pub. L. 114–190, title I, § 1105July 15, 2016130 Stat. 618 Pub. L. 115–63, title I, § 106Sept. 29, 2017131 Stat. 1170 Pub. L. 115–141, div. M, title I, § 106Mar. 23, 2018132 Stat. 1047 Pub. L. 115–254, div. B, title VII, § 703Oct. 5, 2018132 Stat. 3409 Pub. L. 118–15, div. B, title II, § 2205Sept. 30, 2023137 Stat. 84 Pub. L. 118–34, title I, § 105Dec. 26, 2023137 Stat. 1115 Pub. L. 118–41, title I, § 105Mar. 8, 2024138 Stat. 23 Pub. L. 118–63, title XMay 16, 2024138 Stat. 1386(, , ; , , ; , §§ 1102, 1103, , ; , (74), , , 3396; , §§ 2, 3, , ; , , ; , §§ 701, 707, , , 2582; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 1002, 1004(b), , .)

Historical and Revision Notes
Revised Section	Source (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).

Pub. L. 102–581 106 Stat. 4896In 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 (, ), 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

Pub. L. 105–155Feb. 11, 1998The 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 , which was approved .

Amendments

Pub. L. 118–63, § 1002October 1, 2023May 10, 20242024—Subsec. (a). , added pars. (16) to (20) and struck out former par. (16) which read as follows: “$155,368,852 for the period beginning on , and ending on .”

Pub. L. 118–41October 1, 2023March 8, 2024Subsec. (a)(16). added par. (16) and struck out former par. (16) which read as follows: “$111,475,410 for the period beginning on , and ending on .”

Pub. L. 118–63, § 1004(b)Subsec. (g). , substituted “the date that is 30 days after the date of submission” for “the date of submission”.

Pub. L. 118–34October 1, 2023December 31, 20232023—Subsec. (a)(16). added par. (16) and struck out former par. (16) which read as follows: “$64,098,360 for the period beginning on , and ending on .”

Pub. L. 118–15 added par. (16).

Pub. L. 115–254, § 703(a)(1)2018—Subsec. (a). , struck out “and, for each of fiscal years 2012 through 2015, under subsection (g)” after “this title” in introductory provisions.

Pub. L. 115–254, § 703(a)(2)Subsec. (a)(10). , (3), added par. (10) and struck out former par. (10) which read as follows: “$176,500,000 for fiscal year 2018.”

Pub. L. 115–141October 1, 2017March 31, 2018 amended par. (10) generally. Prior to amendment, par. (10) read as follows: “$88,008,219 for the period beginning on and ending on .”

Pub. L. 115–254, § 703(a)(2)Subsec. (a)(11) to (15). , (3), added pars. (11) to (15).

Pub. L. 115–254, § 703(b)(1)Subsec. (b)(1). , substituted “prioritize safety in considering” for “consider”.

Pub. L. 115–254, § 703(b)(2)section 44511 of this titleSubsec. (b)(2), (3). –(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 .”

Pub. L. 115–254, § 703(c)Subsec. (g). , 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).

Pub. L. 115–632017—Subsec. (a)(10). added par. (10).

Pub. L. 114–190October 1, 2015July 15, 20162016—Subsec. (a)(9). amended par. (9) generally. Prior to amendment, par. (9) read as follows: “$124,093,750 for the period beginning on , and ending on .”

Pub. L. 114–141October 1, 2015March 31, 2016 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “$78,375,000 for the period beginning on , and ending on .”

Pub. L. 114–552015—Subsec. (a)(9). added par. (9).

Pub. L. 112–95, § 901(a)(1)2012—Subsec. (a). , substituted “of this title and, for each of fiscal years 2012 through 2015, under subsection (g)” for “of this title” in introductory provisions.

Pub. L. 112–95, § 901(a)(2)Subsec. (a)(1) to (15). –(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.

Pub. L. 112–95, § 901(a)(5)October 1, 2011February 17, 2012Subsec. (a)(16). , struck out par. (16) which read as follows: ”$64,092,459 for the period beginning on , and ending on .”

Pub. L. 112–91October 1, 2011January 31, 2012 amended par. (16) generally. Prior to amendment, par. (16) read as follows: “$57,016,885 for the period beginning on , and ending on .”

Pub. L. 112–95, § 901(b)Subsec. (g). , added subsec. (g).

Pub. L. 112–302011—Subsec. (a)(15), (16). added pars. (15) and (16).

Pub. L. 111–216October 1, 2009August 1, 20102010—Subsec. (a)(14). amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$159,184,932 for the period beginning on , and ending on .”

Pub. L. 111–197October 1, 2009July 3, 2010 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$144,049,315 for the period beginning on , and ending on .”

Pub. L. 111–161October 1, 2009 amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$111,125,000 for the 7-month period beginning on .”

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

Pub. L. 111–12October 1, 20082009—Subsec. (a)(13). substituted “$171,000,000 for fiscal year 2009” for “$85,507,500 for the 6-month period beginning on ”.

Pub. L. 111–116October 1, 2009Subsec. (a)(14). amended par. (14) generally. Prior to amendment, par. (14) read as follows: “$46,250,000 for the 3-month period beginning on .”

Pub. L. 111–69 added par. (14).

Pub. L. 110–3302008—Subsec. (a)(11) to (13). 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).

Pub. L. 108–176, § 701(1)2003—Subsec. (a). , substituted “for conducting civil aviation research and development under sections 44504” for “to carry out sections 44504” in introductory provisions.

Pub. L. 108–176, § 701(2)Subsec. (a)(9) to (12). –(4), added pars. (9) to (12).

Pub. L. 108–176, § 707Subsec. (h)(1)(D). , added subpar. (D).

Pub. L. 106–1812000—Subsec. (a)(6) to (8). added pars. (6) to (8).

Pub. L. 105–155, § 21998—Subsec. (a)(4). , added par. (4).

Pub. L. 105–155, § 3(b)Subsec. (a)(4)(J). , inserted “, of which $750,000 shall be for carrying out the grant program established under subsection (h)” after “projects and activities”.

Pub. L. 105–155, § 2Subsec. (a)(5). , added par. (5).

Pub. L. 105–155, § 3(a)Subsec. (h). , added subsec. (h).

Pub. L. 104–264, § 11021996—Subsec. (a)(3). , added par. (3).

Pub. L. 104–264, § 1103Research PrioritiesAvailability for ResearchSubsec. (b). , substituted “” for “” in heading, added par. (1), and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Pub. L. 104–287, § 5(74)Subsec. (c)(2)(A). , substituted “Committees on Science” for “Committees on Science, Space, and Technology”.

Pub. L. 104–287, § 5(74)Subsec. (d)(2). , 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”.

Pub. L. 103–3051994—Subsec. (a)(1), (2). inserted pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

September 30, 1993“(1) for the fiscal year ending —

“(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.

September 30, 1994“(2) for the fiscal year ending , $297,000,000.”

Statutory Notes and Related Subsidiaries

Change of Name

Jan. 5, 2007Jan. 5, 2011Committee 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, . 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, .

Effective Date of 2003 Amendment

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

Effective Date of 2000 Amendment

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

Effective Date of 1996 Amendment

Pub. L. 104–264Sept. 30, 1996Oct. 1, 1996section 3 of Pub. L. 104–264 section 106 of this titleExcept as otherwise specifically provided, amendment by applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as a note under .

Notices

Pub. L. 105–155, § 4Feb. 11, 1998112 Stat. 6

“(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.”

, , , provided that: