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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1392 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1392

 To enhance the safety of air travel through a more effective Federal 
            Aviation Administration, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 1995

Mr. Lightfoot introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To enhance the safety of air travel through a more effective Federal 
            Aviation Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Aviation Administration 
Reform Act of 1995''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There is widespread agreement within government and the 
        aviation industry that reform of the Federal Aviation 
        Administration is necessary to safely and efficiently 
        accommodate the projected growth of aviation within the next 
        decade.
            (2) Reestablishing the Federal Aviation Administration as 
        an independent agency will ensure that the agency is able to 
        manage and regulate the safety of the air traffic control 
        system without second-guessing or interference by politically 
        appointed Department of Transportation officials.
            (3) The Federal procurement system interferes with the 
        ability of the Federal Aviation Administration to keep pace 
        with new technology.
            (4) The Federal personnel system is inflexible and unable 
        to match resources with the real personnel needs of the Federal 
        Aviation Administration.
            (5) The existing budget system does not allow for long-term 
        planning or timely acquisition of technology by the Federal 
        Aviation Administration.
            (6) Without reforms in the areas of procurement, personnel, 
        and financing, the Federal Aviation Administration will 
        continue to experience delays and cost overruns in its major 
        airspace modernization programs.
            (7) Other internal management reforms will help the Federal 
        Aviation Administration become more responsive to the needs of 
        its customers, who are the users of the air traffic control 
        system.

SEC. 3. OBJECTIVES.

    The objectives of this Act are--
            (1) to establish the Federal Aviation Administration as an 
        independent agency;
            (2) to provide for appointment by the President of an 
        Administrator of the Federal Aviation Administration with a 
        fixed term in office of 7 years;
            (3) to appoint a select panel to review and report to 
        Congress regarding innovative financing mechanisms for ensuring 
        adequate funding for existing and future aviation 
        infrastructure needs;
            (4) to establish a management advisory board in the Federal 
        Aviation Administration to advise the Administrator on 
        management, policy, spending, and regulatory matters under the 
        jurisdiction of the agency;
            (5) to mandate that final action must be taken on all 
        rulemakings of the Federal Aviation Administration within 18 
        months after the date of their initiation;
            (6) to establish a pilot program for procurement reform 
        under which the Federal Aviation Administration is exempt from 
        various laws governing Federal acquisition practices; and
            (7) to establish a pilot program for personnel reform under 
        which the Federal Aviation Administration is exempt from the 
        civil service rules of title 5, United States Code, except for 
        provisions relating to employee benefits.

SEC. 4. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Administration'' means the Federal Aviation 
        Administration established under section 4; and
            (2) the term ``Administrator'' means the Administrator of 
        the Federal Aviation Administration appointed under section 
        6(a).

SEC. 5. ESTABLISHMENT.

    There is established as an independent establishment in the 
executive branch the Federal Aviation Administration. The 
Administration shall succeed the Federal Aviation Administration of the 
Department of Transportation in existence on the effective date of this 
Act.

SEC. 6. OFFICERS.

    (a) Administrator.--The Administration shall be administered by an 
Administrator, who shall be appointed by the President to a 7-year term 
of office, by and with the advice and consent of the Senate. The 
Administrator shall carry out all functions transferred to the 
Administrator by this Act and shall have authority and control over all 
personnel, programs, and activities of the Administration. The 
Administrator may be removed by the President for neglect of duty or 
malfeasance in office. The Administrator shall be compensated at the 
rate prescribed for level II of the Executive Schedule.
    (b) Deputy Administrator.--There shall be in the Administration a 
Deputy Administrator, who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Deputy Administrator 
shall perform such functions, duties, and powers as the Administrator 
shall prescribe. The Deputy Administrator shall act for and perform the 
functions of the Administrator when the Administrator is absent or 
unable to serve, or when the office of the Administrator is vacant. The 
Deputy Administrator shall be compensated at the rate prescribed for 
level III of the Executive Schedule.
    (c) Assistant Administrators.--The Administrator shall appoint no 
more than 8 Assistant Administrators who shall perform such functions 
as the Administrator shall prescribe. The Administrator shall designate 
the order in which the Assistant Administrators shall act for and 
perform the functions of the Administrator when the Administrator, or 
in the Administrator's place the Deputy Administrator, is absent or 
unable to serve, or when the offices of the Administrator and the 
Deputy Administrator are vacant. An Assistant Administrator shall be 
compensated at the rate prescribed for level IV in the Executive 
Schedule.
    (d) Chief Counsel.--There shall be in the Administration a Chief 
Counsel, who shall be appointed by the Administrator. The Chief Counsel 
shall be the chief legal officer for all legal matters arising from the 
conduct of the functions of the Administration. The Chief Counsel shall 
be compensated at the rate prescribed for level IV of the Executive 
Schedule.
    (e) Inspector General.--There shall be in the Administration an 
Inspector General appointed in accordance with the Inspector General 
Act of 1978 (5 U.S.C. App.). The Inspector General shall be compensated 
at the rate prescribed for level IV of the Executive Schedule.
    (f) Limitations.--Each of the officers referred to in this section 
must be a citizen of the United States. The Administrator must be a 
civilian.

SEC. 7. FUNCTIONS OF ADMINISTRATOR.

    (a) In General.--The Administrator shall be responsible for the 
exercise of all powers and the discharge of all duties of the 
Administration.
    (b) Governance of Statutes.--In carrying out the functions of the 
Administration under this Act, the Administrator shall be governed by 
all applicable statutes, including the policy standards set forth in 
subtitle VII of title 49, United States Code.
    (c) Limitation on Statutory Construction.--Nothing in this Act 
shall be construed to limit in any manner the authority of the 
Administrator to promote safety by establishing and administering 
accident prevention programs, encouraging airport development, 
educating the public on the importance of aeronautics, and encouraging 
the adoption of worldwide safety standards.
    (d) Finality of Decisions; Appeals.--Decisions of the Administrator 
made pursuant to the exercise of the functions enumerated in subtitle 
VII of title 49, United States Code, shall be administratively final, 
and appeals as currently authorized by law shall be taken directly to 
the National Transportation Safety Board or to any court of competent 
jurisdiction, as appropriate.

SEC. 8. TRANSFERS AND INCIDENTAL PROVISIONS.

    (a) Transfer of Functions, Personnel Records, and Accounts.--The 
following are transferred to the Administration:
            (1) All functions vested by law in the Federal Aviation 
        Administration of the Department of Transportation or its 
        Administrator, and all functions vested by law in the Secretary 
        of Transportation or the Department of Transportation which are 
        administered through the Federal Aviation Administration.
            (2) The functions of the Department of Transportation or 
        the Federal Aviation Administration of the Department of 
        Transportation necessary and appropriate for the performance of 
        the functions transferred by paragraph (1).
            (3) So much of the personnel, property, records, funds, 
        accounts, and unexpended balances of appropriations, 
        allocations, and other moneys of the Department of 
        Transportation as are employed, used, held, available, or to be 
        made available in connection with the functions transferred by 
        paragraphs (1) and (2).
    (b) Delegation and Exercise of Functions.--The Administrator shall 
exercise all functions transferred by subsection (a) of this section 
and any other function vested in the Federal Aviation Administration or 
the Administrator of the Federal Aviation Administration by any law 
enacted on or after the date of the enactment of this Act. The 
Administrator may from time to time make such provisions as the 
Administrator shall deem appropriate authorizing the performance by any 
other officer, employee, or office of the Administration of such 
functions.

SEC. 9. REGULATIONS.

    In the performance of the functions of the Administrator and the 
Administration, the Administrator is authorized to issue, rescind, and 
amend such regulations as are necessary to carry such functions. The 
issuance of such regulations shall be governed by the provisions of 
chapter 5 of title 5, United States Code. The Administrator must issue 
a final regulation not later than 18 months after the date of 
initiation of any rulemaking proceeding by the Administration or notify 
Congress in writing of the reasons for not issuing such regulation.

SEC. 10. DELEGATION.

    Except as otherwise provided in this Act, the Administrator may 
delegate any function to such officers and employees of the 
Administration as the Administrator may designate and may authorize 
such successive redelegations of such functions in the Administration 
as may be necessary or appropriate. No delegation of functions by the 
Administrator under this section or under any other provision of this 
Act shall relieve the Administrator of responsibility for the 
administration of such functions.

SEC. 11. PERSONNEL AND SERVICES.

    (a) Officers and Employees.--In the performance of the functions of 
the Administrator and in addition to the officers provided for by 
section 6, the Administrator is authorized to appoint, transfer, and 
fix the compensation of such officers and employees, including 
attorneys, as may be necessary to carry out the functions of the 
Administrator and the Administration. Except as otherwise provided by 
law, such officers and employees shall be appointed in accordance with 
the civil service laws and compensated in accordance with title 5, 
United States Code.
    (b) Experts and Consultants.--The Administrator is authorized to 
obtain the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code.
    (c) Transportation and Per Diem Expenses.--The Administrator is 
authorized to pay transportation expenses, and per diem in lieu of 
subsistence expenses, in accordance with chapter 57 of title 5, United 
States Code.
    (d) Use of Personnel From Other Agencies.--The Administrator is 
authorized to utilize, on a reimbursable basis, the services of 
personnel of any other Federal agency.
    (e) Voluntary Services.--(1)(A) The Administrator is authorized to 
accept voluntary and uncompensated services without regard to the 
provisions of section 1342 of title 31, United States Code, if such 
services will not be used to displace Federal employees employed on a 
full-time, part-time, or seasonal basis.
    (B) The Administrator is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The Administrator is authorized to provide for incidental 
expenses, including transportation, lodging, and subsistence for such 
volunteers.
    (3) An individual who provides voluntary services under this 
subsection shall not be considered a Federal employee for any purpose 
other than for purposes of chapter 81 of title 5, United States Code, 
relating to compensation for work injuries, and chapter 171 of title 
28, United States Code, relating to tort claims.

SEC. 12. CONTRACTS.

    The Administrator is authorized to enter into and perform such 
contracts, leases, cooperative agreements, or other transactions as may 
be necessary to carry out the functions of the Administrator and the 
Administration. The Administrator may enter into such contracts, 
leases, agreements, and transactions with any Federal agency or any 
instrumentality of the United States, or with any State, territory, or 
possession, or with any political subdivision thereof, or with any 
person, firm, association, corporation, or educational institution, on 
such terms and conditions as the Administrator may consider 
appropriate. The authority of the Administrator to enter into contracts 
and leases under this section shall be to such extent or in such 
amounts as are provided in appropriation Acts.

SEC. 13. BUDGET.

    Each year the Administrator shall prepare a budget for the 
Administration, which shall contain estimates of the financial 
condition and operations of the Administration for the current and 
ensuing 4 fiscal years, and the actual condition and results of 
operations for the last completed fiscal year. Such budget shall be 
submitted to the Office of Management and Budget, under such rules and 
regulations as the President may establish as to the date of 
submission, the form and content, the classification of data, and the 
manner in which such reports shall be prepared and presented. The 
budget submission shall include a statement of income and expenses and 
analysis of the surplus or deficit in the Airport and Airway Trust 
Fund, and any other such supplementary information as is necessary or 
desirable to make known about the financial condition and operations of 
the Administration. The annual budget shall be included in the budget 
submitted by the President pursuant to chapter 11 of title 31, United 
States Code.

SEC. 14. USE OF FACILITIES.

    With their consent, the Administrator may, with or without 
reimbursement, use the services, equipment, personnel, and facilities 
of Federal agencies and other public and private agencies and may 
cooperate with other public and private agencies and instrumentalities 
in the use of services, equipment, personnel, and facilities. The head 
of each Federal agency shall cooperate with the Administrator in making 
the services, equipment, personnel, and facilities of the Federal 
agency available to the Administrator. The head of a Federal agency is 
authorized, notwithstanding any other provision of law, to transfer to 
or to receive from the Administration, without reimbursement, supplies 
and equipment other than administrative supplies or equipment.

SEC. 15. ACQUISITION AND MAINTENANCE OF PROPERTY.

    (a) Acquisition.--The Administrator is authorized--
            (1) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain--
                    (A) air traffic control facilities and equipment;
                    (B) research and testing sites and facilities; and
                    (C) such other real and personal property 
                (including office space and patents), or any interest 
                therein, within and outside the continental United 
                States as the Administrator considers necessary;
            (2) to lease to others such real and personal property; and
            (3) to provide by contract or otherwise for eating 
        facilities and other necessary facilities for the welfare of 
        employees of the Administration at its installations and to 
        purchase and maintain equipment for such facilities.
    (b) Title.--Title to any property or interest therein acquired 
pursuant to this section shall be in the United States.

SEC. 16. MANAGEMENT ADVISORY COMMITTEE.

    (a) Establishment.--There is established an advisory committee 
which shall be known as the Federal Aviation Management Advisory 
Committee (hereinafter in this section referred to as the ``Management 
Advisory Committee'').
    (b) Membership.--The Management Advisory Committee shall consist of 
11 members, who shall consist of--
            (1) the Secretary of Transportation or the designee of the 
        Secretary (who shall serve as Chairman);
            (2) the Secretary of Defense or the designee of the 
        Secretary;
            (3) 5 members appointed by the President;
            (4) 2 members, 1 appointed by the majority leader of the 
        Senate and the other appointed by the minority leader of the 
        Senate; and
            (5) 2 members, 1 appointed by the Speaker of the House of 
        Representatives and the other appointed by the minority leader 
        of the House of Representatives.
    (c) Functions.--The Management Advisory Committee shall provide 
advice and counsel to the Administrator on issues which affect or are 
affected by the operations of the Administrator. The Management 
Advisory Committee shall hold quarterly meetings. The Administration 
shall give the Management Advisory Committee access to internal 
documents and personnel of the Administration. The Management Advisory 
Committee shall function as an oversight resource for management, 
policy, spending, and regulatory matters under the jurisdiction of the 
Administration.
    (d) Qualifications.--Members appointed to the Management Advisory 
Committee under this section shall be selected from among individuals 
who are experts in disciplines relevant to the aviation industry and 
who are able collectively to represent a balanced view of the issues 
important to airlines, general aviation, business aviation, airports, 
shippers, industry and Administration employees, aircraft 
manufacturers, and the traveling public.
    (e) Terms of Members.--Members of the Management Advisory Committee 
appointed under subsection (b)(3) shall be appointed for a term of 3 
years, except that the initial appointment of such members shall be for 
1, 2, and 3 years so that their terms as members will be staggered. 
Members of the Management Advisory Committee appointed under 
subsections (b)(4) and (b)(5) shall be appointed for a term of 2 years.
    (f) Travel and Per Diem.--Each member of the Management Advisory 
Committee shall be paid actual travel expenses, and per diem in lieu of 
subsistence expenses when away from his or her usual place of 
residence, in accordance with section 5703 of title 5, United States 
Code.
    (g) Detail of Personnel From FAA.--The Administrator shall make 
available to the Management Advisory Committee such staff, information, 
and administrative services and assistance as may reasonably be 
required to enable the Management Advisory Committee to carry out its 
responsibilities under this section.
    (h) Applicability of Federal Advisory Committee Act.--The 
Management Advisory Committee shall be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.).

SEC. 17. SELECT PANEL TO REVIEW INNOVATIVE FUNDING MECHANISMS.

    (a) Establishment.--The Administrator shall establish a select 
panel to review and report to Congress regarding innovative financing 
mechanisms for ensuring adequate funding for existing and future 
aviation infrastructure needs. The financing mechanisms to be reviewed 
shall include, but not be limited to, loan guarantees, financial 
partnerships with for-profit private sector entities, multi-year 
appropriations, revolving loan funds, mandatory spending authority, 
authority to borrow, and restructured grant programs.
    (b) Appointment of Members.--Not later than 90 days after the date 
of the appointment of the Administrator, the Administrator shall 
appoint members to the panel established under this section. Such 
members shall consist of appropriate Federal Government officials and 
representatives of the aviation industry, Administration employees, the 
financial community, and State and local governments.
    (c) Travel and Per Diem.--Each member of the panel established 
under this section shall be paid actual travel expenses, and per diem 
in lieu of subsistence expenses when away from his or her usual place 
of residence, in accordance with section 5703 of title 5, United States 
Code.
    (d) Applicability of Federal Advisory Committees Act.--The select 
panel established under this section shall be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).
    (e) Report.--Not later than 1 year after the date of the 
appointment of the last member to the panel under subsection (b), the 
panel shall submit to Congress and the Administration a report on the 
results of the review conducted under this section.

SEC. 18. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.

    The Administrator is authorized to accept transfers from other 
Federal agencies to funds which are available to carry out functions 
transferred by this Act to the Administrator or functions assigned by 
law to the Administrator on or after the date of the enactment of this 
Act.

SEC. 19. SEAL OF ADMINISTRATION.

    The Administrator shall cause a seal of office to be made for the 
Administration of such design as the Administrator shall approve. 
Judicial notice shall be taken of such seal.

SEC. 20. STATUS OF ADMINISTRATION UNDER CERTAIN LAWS.

    For purposes of section 551(1) of title 5, United States Code, the 
Administration is an agency. For purposes of chapter 9 of such title, 
the Administration is an independent regulatory agency.

SEC. 21. SAVINGS PROVISIONS.

    (a) Orders, Regulations, Contracts, and Certificates.--All orders, 
determinations, rules, regulations, permits, contracts, certificates, 
licenses, and privileges--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President or any Federal department or 
        agency or official thereof or by a court of competent 
        jurisdiction, on or after the date of the enactment of this 
        Act, in regard to functions which are transferred under this 
        Act to the Administration, and
            (2) which are in effect at the time of the effective date 
        of this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Administrator, or other authorized officials, by a 
court of competent jurisdiction, or by operation of law.
    (b) Proceedings and Applications.--The provisions of this Act shall 
not affect any proceedings or any application for any license, permit, 
certificate, or financial assistance pending at the time of the 
effective date of this Act; and such proceedings and applications, to 
the extent that they relate to functions so transferred, shall be 
continued. Orders shall be issued in such proceedings, appeals shall be 
taken therefrom, and payments shall be made pursuant to such orders, as 
if this Act had not been enacted; and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
subsection shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the extent that such proceeding could have been discontinued or 
modified if this Act had not been enacted.
    (c) Suits.--(1) The provisions of this Act shall not affect suits 
commenced prior to the effective date of this Act.
    (2) In all such suits, proceedings shall be had, appeals taken, and 
judgments rendered in the same manner and effect as if this Act had not 
been enacted.
    (d) Officers.--In any case involving one or more officers required 
by this Act to be appointed by and with the advice and consent of the 
Senate who shall not have entered upon office on the effective date of 
this Act, the President may designate any officer whose appointment was 
required to be made by and with the advice and consent of the Senate 
and who was such an officer immediately prior to the effective date of 
this Act, to act in such office until the office is filled as provided 
in this Act. While so acting, any such person shall receive 
compensation at the rates provided by this Act of the respective office 
in which he or she acts.

SEC. 22. LAWS AND REGULATIONS.

    Except to the extent otherwise provided in this Act, all laws, 
rules, and regulations in effect and applicable to the Federal Aviation 
Administration of the Department of Transportation and to the 
Administrator of such Administration on the date immediately preceding 
the effective date of this Act shall, on and after such effective date, 
be applicable to the Federal Aviation Administration and the 
Administrator established by this Act, until such law, rule, or 
regulation is repealed or otherwise modified or amended.

SEC. 23. PILOT PROGRAM FOR PROCUREMENT REFORM.

    (a) Pilot Program.--The Administrator shall conduct a pilot program 
under which a trial acquisition management system is used to procure 
goods and services by the Administration.
    (b) Exemption From Procurement Laws.--(1) The following laws and 
regulations shall not apply to the trial acquisition management system 
used under the pilot program:
            (A) Title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251-266).
            (B) The Office of Federal Procurement Policy Act (41 U.S.C. 
        401 et seq.).
            (C) The Federal Acquisition Streamlining Act of 1994 
        (Public Law 103-355).
            (D) The Brooks Automatic Data Processing Act (40 U.S.C. 
        759).
            (E) The Federal Acquisition Regulation and any laws not 
        listed in subparagraphs (A) through (D) providing authority to 
        promulgate regulations in the Federal Acquisition Regulation.
    (2) The exemption from procurement laws provided by paragraph (1) 
shall not take effect until the expiration of the 90-day period 
referred to in subsection (d)(2).
    (c) Development of Trial Acquisition Management System.--Not later 
than 2 years after the effective date of this Act, the Administrator 
shall develop a trial acquisition management system for use in the 
pilot program under subsection (a). In developing the trial system, the 
Administrator shall ensure that the benefits of competition, efficient 
management, and oversight of the acquisition process are attained.
    (d) Notice to Congress.--(1) Upon completion of the development of 
the trial acquisition management system, the Administrator shall submit 
a comprehensive plan describing the trial acquisition management system 
to Congress, along with all existing or proposed rules or regulations 
relevant to the system.
    (2) The Administrator may begin to implement the trial acquisition 
management system only after the expiration of the 90-day period that 
begins on the date on which the plan is submitted to Congress under 
paragraph (1).
    (e) Termination.--Effective October 1, 2002, authority for the 
trial acquisition management system under this section shall terminate, 
and acquisitions of the Administration shall become subject to all 
otherwise applicable acquisition laws and regulations.

SEC. 24. PILOT PROGRAM FOR PERSONNEL MANAGEMENT REFORM.

    (a) Pilot Program.--The Administrator shall conduct a pilot program 
under which a trial personnel management system is used for the 
management, compensation, and advancement of Administration employees.
    (b) Exemption From Certain Provisions of Title 5, United States 
Code.--(1) Except as otherwise provided in this section, under the 
pilot program, the Administration shall be exempt from parts II and III 
of title 5, United States Code.
    (2) Such exemption shall not take effect until the expiration of 
the later of the periods referred to in subsection (d)(2).
    (c) Development of Trial Personnel Management System.--Not later 
than 2 years after the effective date of this Act, the Administrator 
shall develop a trial personnel management system for use in the pilot 
program under subsection (a). In developing the trial system, the 
Administrator shall ensure that the benefits of a merit-based system 
are preserved and that the trial system provides for training of 
employees, as well as an adverse action procedure in cases where 
performance is unacceptable.
    (d) Notice to Congress.--(1) Upon completion of the development of 
the trial personnel management system, the Administrator shall submit a 
comprehensive plan describing the trial personnel management system to 
Congress, along with all existing or proposed rules or regulations 
relevant to the system.
    (2) The Administrator may begin to implement the trial personnel 
management system only after--
            (A) the expiration of the 90-day period that begins on the 
        date on which the plan is submitted to Congress under paragraph 
        (1); or
            (B) the expiration of the 2-year period beginning on the 
        effective date of this Act;
whichever is later.
    (e) Employee Rights and Benefits.--The enactment of this section 
shall not result in the exemption of employees of the Administration 
from any of the following provisions of title 5, United States Code:
            (1) Chapter 63 (relating to leave).
            (2) Chapter 71 (relating to labor-management relations).
            (3) Chapter 73 (relating to suitability, security, and 
        conduct).
            (4) Chapter 81 (relating to compensation for work 
        injuries).
            (5) Chapter 83 (relating to retirement).
            (6) Chapter 84 (relating to the Federal Employees' 
        Retirement System).
            (7) Chapter 87 (relating to life insurance).
            (8) Chapter 89 (relating to health insurance).
    (f) Employee Protections.--Employment rights, wages, and benefits 
of employees of the Administration shall not be adversely affected, 
except for unacceptable performance or by reason of a reduction in 
force or reorganization, during the period commencing on the effective 
date of this Act and ending on the date determined under subsection 
(b)(2).
    (g) Collective-Bargaining Agreements.--All collective-bargaining 
agreements covering employees of the Administration that are in effect 
on the effective date of this Act shall remain in effect until their 
normal expiration date, unless the Administrator and the exclusive 
bargaining representative agree to the contrary.
    (h) Termination.--Effective October 1, 2002, authority for the 
trial personnel management system under this section shall terminate, 
and employees of the Administration shall become subject to all 
provisions of parts II and III of title 5, United States Code.

SEC. 25. EVALUATION AND REPORT ON PILOT PROGRAMS.

    Not later than 120 days before the termination of authority for the 
trial acquisition and personnel management systems authorized under 
sections 23 and 24 of this Act, the Management Advisory Panel shall 
prepare and submit to the Administrator and to Congress a report 
evaluating the results of the pilot programs in acquisition and 
personnel reform. The report shall fully discuss those elements of the 
programs that the Panel judges to be effective and those that were not 
successful, and the report shall make recommendations with respect to 
extending, modifying, or terminating the acquisition and personnel 
management systems established under the pilot programs.

SEC. 26. AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.

    Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (1) by striking ``or Small Business,'' and 
        inserting ``Small Business, Federal Aviation Administration,''; 
        and
            (2) in paragraph (2) by inserting ``the Federal Aviation 
        Administration,'' after ``United States Information Agency,''.

SEC. 27. AMENDMENTS TO EXECUTIVE SCHEDULE.

    (a) Administrator.--Section 5313 of title 5, United States Code, is 
amended by adding at the end the following:
                    ``Administrator, Federal Aviation 
                Administration.''.
    (b) Deputy Administrator.--Section 5314 of title 5, United States 
Code, is amended by striking ``Administrator, Federal Aviation 
Administration.'' and inserting the following:
            ``Deputy Administrator, Federal Aviation Administration.''.
    (c) Assistant Administrators; Chief Counsel.--Section 5315 of title 
5, United States Code, is amended by striking ``Deputy Administrator, 
Federal Aviation Administration.'' and inserting the following:
            ``Assistant Administrators, Federal Aviation Administration 
        (8).
            ``Chief Counsel, Federal Aviation Administration.''.
    (d) Inspector General.--Section 5316 of title 5, United States 
Code, is amended by adding at the end of the following:
            ``Inspector General, Federal Aviation Administration.''.

SEC. 28. EFFECTIVE DATE.

    The provisions of this Act shall take effect upon the expiration of 
the 180-day period following the date of the enactment of this Act.
                                 <all>
HR 1392 IH----2
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