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49 U.S.C. § 45303Administrative provisions

submitted 30 years ago by Pub. L. 104-264 to r/title-49-TRANSPORTATION · 1,444 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets the general rules for how the FAA handles all the fees it collects: they're payable to the Administrator, refundable if overpaid, credited to a dedicated account, and reported to Congress each year alongside the FAA's budget. The FAA must build an accurate cost-accounting system, let airlines add a small handling charge when they collect fees for the FAA, and regularly calculate and publicly report, by industry segment, how much each segment pays in air traffic services fees versus what it actually costs to serve them.

(a) Fees payable to Administrator. All fees and payments collected by the FAA for services or materials it provides are payable to the FAA Administrator. (b) Refunds. The Administrator may refund a fee paid by mistake or paid in excess. (c) Where the money goes. With some exceptions (insurance-fund money, and amounts that had to go to the general Treasury fund as of September 30, 1996), all fees and money the FAA collects are credited to a separate Treasury account for FAA activities, available immediately, but only for purposes Congress has authorized, and they stay available until spent. (d) Annual budget report. On the same day each year that the President sends Congress the federal budget, the Administrator must give the relevant Senate and House committees: a list of the FAA's fee collections from the past year (1); a list of activities that fee money and appropriations funded (2); budget plans for significant programs, including future-year cost estimates (3); any proposed use of surplus fees (4); and any other information those committees want (5). (e) Cost accounting system. The FAA must build a cost-accounting system that accurately reflects its investments, operating and overhead costs, revenue, and other financial details. (f) Paying carriers as collection agents. The FAA must write rules letting an airline that is required to collect a fee from someone else on the FAA's behalf also collect an extra uniform amount to cover its reasonable expenses of collecting and handling that fee (minus any interest it earns holding the money before remitting it). (g) Data transparency. (1) Initial report: within 6 months of the 2018 FAA Reauthorization Act, using the latest full fiscal year's data, the Administrator and the Air Traffic Organization's Chief Operating Officer must calculate, for each segment of air traffic services users, the total costs allocated to that segment and the total revenue collected from it (A). The Department of Transportation's Inspector General then reviews whether the calculation model is valid, within 3 months (B)(i); if it's not valid, the Inspector General recommends fixes, the Administrator and Chief Operating Officer redo the calculations with the revised model and resubmit, and the Inspector General reviews the revised model within another 3 months (B)(ii). The Inspector General must have full access to the FAA's cost-accounting data to do this review (B)(iii). Once the model is validated, within 60 days the Administrator and Chief Operating Officer must report the results to the relevant House and Senate committees (C), and within another 60 days publish the report, including any revisions (D). (2) Biennial reporting: starting by March 31, 2019, and every two years after that for 14 years, the same costs-versus-revenue calculations must be redone using the validated model (A), reported to Congress within 15 days (B), and published within 60 days (C). (3) The segments counted separately include passenger airlines, all-cargo airlines, and various other categories of operators defined by federal aviation regulation parts (i)–(xv); the Secretary may add more segments later as data becomes available (B). (4) "Air traffic services" means services that monitor, direct, control, and guide aircraft for safe flight — including communications, navigation, surveillance, and aeronautical information — that the FAA provides directly or by contract; an "air traffic services user" is anyone using those services in U.S. or delegated international airspace.
the actual law source: uscode.house.gov ↗public domain
(a)Fees Payable to Administrator.—

All fees imposed and amounts collected under this chapter for services performed, or materials furnished, by the Federal Aviation Administration are payable to the Administrator of the Federal Aviation Administration.

(b)Refunds.—

The Administrator may refund any fee paid by mistake or any amount paid in excess of that required.

(c)Receipts Credited to Account.—

Notwithstanding section 3302 of title 31, all fees and amounts collected by the Administration, except insurance premiums and other fees charged for the provision of insurance and deposited in the Aviation Insurance Revolving Fund and interest earned on investments of such Fund, and except amounts which on September 30, 1996, are required to be credited to the general fund of the Treasury (whether imposed under this section or not)—

(1)

shall be credited to a separate account established in the Treasury and made available for Administration activities;

(2)

shall be available immediately for expenditure but only for congressionally authorized and intended purposes; and

(3)

shall remain available until expended.

(d)Annual Budget Report by Administrator.—

The Administrator shall, on the same day each year as the President submits the annual budget to Congress, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

(1)

a list of fee collections by the Administration during the preceding fiscal year;

(2)

a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and appropriations;

(3)

budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates;

(4)

any proposed disposition of surplus fees by the Administration; and

(5)

such other information as those committees consider necessary.

(e)Development of Cost Accounting System.—

The Administration shall develop a cost accounting system that adequately and accurately reflects the investments, operating and overhead costs, revenues, and other financial measurement and reporting aspects of its operations.

(f)Compensation to Carriers for Acting as Collection Agents.—

The Administration shall prescribe regulations to ensure that any air carrier required, pursuant to the Air Traffic Management System Performance Improvement Act of 1996 or any amendments made by that Act, to collect a fee imposed on another party by the Administrator may collect from such other party an additional uniform amount that the Administrator determines reflects the necessary and reasonable expenses (net of interest accruing to the carrier after collection and before remittance) incurred in collecting and handling the fee.

(g)Data Transparency.—
(1)Air traffic services initial data report.—
(A)Initial report.—

Not later than 6 months after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator and the Chief Operating Officer of the Air Traffic Organization shall, based upon the most recently available full fiscal year data, complete the following calculations for each segment of air traffic services users:

(i)

The total costs allocable to the use of air traffic services for that segment during such fiscal year.

(ii)

The total revenues received from that segment during such fiscal year.

(B)Validation of model.—
(i)Review and determination.—

Not later than 3 months after completion of the initial report required under subparagraph (A), the inspector general of the Department of Transportation shall review and determine the validity of the model used by the Administrator and the Chief Operating Officer to complete the calculations required under subparagraph (A).

(ii)Validation process.—

In the event that the inspector general determines that the model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A) is not valid—

(I)

the inspector general shall provide the Administrator and Chief Operating Officer recommendations on how to revise the model;

(II)

the Administrator and the Chief Operating Officer shall complete the calculations required by subparagraph (A) utilizing the revised model and resubmit the revised initial report required under subparagraph (A) to the inspector general; and

(III)

not later than 3 months after completion of the revised initial report required under subparagraph (A), the inspector general shall review and determine the validity of the revised model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A).

(iii)Access to data.—

The Administrator and the Chief Operating Officer shall provide the inspector general of the Department of Transportation with unfettered access to all data produced by the cost accounting system operated and maintained pursuant to subsection (e).

(C)Report to congress.—

Not later than 60 days after completion of the review and receiving a determination that the model used is valid under subparagraph (B), the Administrator and the Chief Operating Officer shall submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report describing the results of the calculations completed under subparagraph (A).

(D)Publication.—

Not later than 60 days after submission of the report required under subparagraph (C), the Administrator and Chief Operating Officer shall publish the initial report, including any revision thereto if required as a result of the validation process for the model.

(2)Air traffic services biennial data reporting.—
(A)Biennial data reporting.—

Not later than March 31, 2019, and biennially thereafter for 14 years, the Administrator and the Chief Operating Officer shall, using the validated model, complete the following calculations for each segment of air traffic services users for the most recent full fiscal year:

(i)

The total costs allocable to the use of the air traffic services for that segment.

(ii)

The total revenues received from that segment.

(B)Report to congress.—

Not later than 15 days after completing the calculations under subparagraph (A), the Administrator and the Chief Operating Officer shall complete and submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report containing the results of such calculations.

(C)Publication.—

Not later than 60 days after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating Officer shall publish the results of such calculations.

(3)Segments of air traffic services users.—
(A)In general.—

For purposes of this subsection, each of the following shall constitute a separate segment of air traffic services users:

(i)

Passenger air carriers conducting operations under part 121 of title 14, Code of Federal Regulations.

(ii)

All-cargo air carriers conducting operations under part 121 of such title.

(iii)

Operators covered by part 125 of such title.

(iv)

Air carriers and operators of piston-engine aircraft operating under part 135 of such title.

(v)

Air carriers and operators of turbine-engine aircraft operating under part 135 of such title.

(vi)

Foreign air carriers providing passenger air transportation.

(vii)

Foreign air carriers providing all-cargo air transportation.

(viii)

Operators of turbine-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.

(ix)

Operators of piston-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.

(x)

Operators covered by subpart (K) of part 91 of such title.

(xi)

Operators covered by part 133 of such title.

(xii)

Operators covered by part 136 of such title.

(xiii)

Operators covered by part 137 of such title.

(xiv)

Operators of public aircraft that qualify under section 40125.

(xv)

Operators of aircraft that neither take off from, nor land in, the United States.

(B)Additional segments.—

The Secretary may identify and include additional segments of air traffic users under subparagraph (A) as revenue and air traffic services cost data become available for that additional segment of air traffic services users.

(4)Definitions.—

For purposes of this subsection:

(A)Air traffic services.—

The term “air traffic services” means services—

(i)

used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information; and

(ii)

provided directly, or contracted for, by the Federal Aviation Administration.

(B)Air traffic services user.—

The term “air traffic services user” means any individual or entity using air traffic services provided directly, or contracted for, by the Federal Aviation Administration within United States airspace or international airspace delegated to the United States.

Source credit: (Added Pub. L. 104–264, title II, § 276(a)(2), Oct. 9, 1996, 110 Stat. 3247; amended Pub. L. 115–254, div. B, title V, § 519, Oct. 5, 2018, 132 Stat. 3359; Pub. L. 118–63, title VI, § 607, May 16, 2024, 138 Stat. 1225.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-264 · 110 Stat. 3247
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3359
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1225

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-264 on 1996-10-09.

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