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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5274 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5274

To improve the safety and convenience of air travel by establishing the 
   Federal Aviation Administration as an independent Federal agency.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

 Mr. Oberstar introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
To improve the safety and convenience of air travel by establishing the 
   Federal Aviation Administration as an independent Federal agency.

    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 ``Independent Federal Aviation 
Administration Act of 1994''.

SEC. 2. ESTABLISHMENT AND ORGANIZATIONAL STRUCTURE.

    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 as such department is in existence on the 
day before the effective date of this Act.

SEC. 3. OFFICERS OF ADMINISTRATION.

    (a) Administrator.--
            (1) Appointment.--The Administration shall be headed by an 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate, to a 5-year term of 
        office.
            (2) Functions.--The Administrator--
                    (A) shall carry out all functions transferred to 
                the Administrator by this Act; and
                    (B) shall have authority and control over all 
                personnel, programs, and activities of the 
                Administration.
            (3) Compensation.--The Administrator shall be compensated 
        at the rate prescribed for level II of the Executive Schedule.
    (b) Deputy Administrator.--
            (1) Appointment.--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.
            (2) Functions.--The Deputy Administrator--
                    (A) shall perform such functions and have such 
                duties and powers as the Administrator may prescribe;
                    (B) shall act for and perform the functions of the 
                Administrator when the Administrator is absent or 
                unable to serve and when the office of the 
                Administrator is vacant; and
                    (C) shall, to the maximum extent practicable, 
                assure that procurement actions of the Administration 
                take advantage of all methods available to expedite the 
                procurement process.
            (3) Compensation.--The Deputy Administrator shall be 
        compensated at the rate prescribed for level III of the 
        Executive Schedule.
    (c) Associate Administrators.--
            (1) Appointment.--The Administrator shall appoint Associate 
        Administrators who shall each have such duties as may be 
        prescribed by the Administrator.
            (2) Compensation.--Each Associate Administrator appointed 
        under this subsection shall be compensated at the rate 
        prescribed for level IV of the Executive Schedule.
    (d) Chief Counsel.--
            (1) Appointment.--There shall be in the Administration a 
        chief counsel, who shall be appointed by the Administrator.
            (2) Functions.--The Chief Counsel shall be the chief legal 
        officer for all legal matters arising from the activities of 
        the Administration.
            (3) Compensation.--The Chief Counsel shall be compensated 
        at the rate prescribed for level IV of the Executive Schedule.

SEC. 4. FUNCTIONS OF ADMINISTRATOR.

    (a) In General.--The Administrator shall--
            (1) exercise all powers and discharge all duties of the 
        Administration; and
            (2) carry out all functions, powers, and duties relating to 
        aviation safety that are vested in the Secretary of 
        Transportation on the day before the effective date of this 
        Act.
    (b) Existing Law.--Except as otherwise provided by this Act, in 
carrying out the functions of the Administration under this Act, the 
Administrator shall be subject to all provisions of law to which the 
Administrator was subject on the day before the effective date of this 
Act (including part A of subtitle VII of title 49, United States Code) 
to the extent such provisions are not inconsistent with this Act.
    (c) Not Subject to Entities Created by Executive Order.--The 
Administrator shall not submit decisions for the approval of, and shall 
not be bound by the decisions or recommendations of, any committee, 
board, or other organization created by Executive Order.

SEC. 5. TRANSFERS AND INCIDENTAL PROVISIONS.

    (a) Transfers.--The following are transferred to the Federal 
Aviation Administration established by section 2:
            (1) Functions of faa.--All functions vested by law on the 
        day before the effective date of this Act in the Federal 
        Aviation Administration in the Department of Transportation or 
        its Administrator, and all functions vested by law on the day 
        before the effective date of this Act in the Secretary of 
        Transportation or the Department of Transportation which are 
        administered through the Federal Aviation Administration 
        (including budgetary and procurement functions) or related to 
        the Federal Aviation Administration, including the following:
                    (A) All of such functions established by the 
                Federal Aviation Act of 1958, as in effect on July 4, 
                1994, other than those functions--
                            (i) exercised under section 305 of that Act 
                        relating to fostering the development of civil 
                        aeronautics and air commerce;
                            (ii) exercised by the Secretary of 
                        Transportation under title IV of that Act as 
                        successor to the Civil Aeronautics Board; and
                            (iii) exercised by the Secretary of 
                        Transportation under titles XI or XII of that 
                        Act relative to international air commerce.
                    (B) All of such functions carried out under section 
                6(c) of the Department of Transportation Act (49 U.S.C. 
                1655(c)) along with all functions, duties, and powers 
                which at any time had been vested in the Administrator 
                of the Federal Aviation Administration prior to the 
                revision of title 49, United States Code, by Public Law 
                97-449.
                    (C) All of such functions carried out under the 
                Airport and Airway Improvement Act of 1982, as in 
                effect on July 4, 1994.
                    (D) All of such functions carried out under the 
                Hazardous Materials Transportation Act, as in effect on 
                July 4, 1994, to the extent that such Act pertains to 
                the transportation of hazardous materials by air.
                    (E) All of such functions carried out under the 
                Independent Safety Board Act of 1974, as in effect on 
                July 4, 1994, to the extent it relates to 
                transportation by air.
                    (F) All of such functions carried out under the 
                Aviation Safety and Noise Abatement Act of 1979, as in 
                effect on July 4, 1994.
            (2) Incidental functions.--All functions of the Department 
        of Transportation and of the Federal Aviation Administration in 
        the Department of Transportation on the day before the 
        effective date of this Act which are incidental to, helpful to, 
        or necessary for, the performance of the functions transferred 
        by paragraph (1), or which relate primarily to those functions.
            (3) Personnel, property, records, and funds.--So much of 
        the personnel, property, records, funds, accounts, and 
        unexpended balances of appropriations, allocations, and other 
        funds of the Department of Transportation and the Federal 
        Aviation Administration as are employed, used, held, available, 
        or to be made available in connection with the functions 
        transferred by paragraphs (1) and (2).
    (b) No Reduction in Classification or Compensation.--The personnel 
transferred under this section shall be transferred without reduction 
in classification or compensation.
    (c) Exercise of Functions by Administrator.--The Administrator of 
the Federal Aviation Administration shall exercise all functions 
transferred by subsection (a) of this section and any other function 
vested by any law in the Federal Aviation Administration or the 
Administrator of the Federal Aviation Administration after the date of 
the enactment of this Act.

SEC. 6. RULES; REGULATIONS.

    In the performance of functions pursuant to this Act, the 
Administrator may make, promulgate, issue, rescind, and amend rules and 
regulations in accordance with chapter 5 of title 5, United States 
Code.

SEC. 7. DELEGATION.

    (a) In General.--Except as otherwise provided in this Act, the 
Administrator may delegate functions to officers and employees of the 
Administration, and may authorize successive redelegations of such 
functions in the Administration, as the Administrator considers 
necessary or appropriate.
    (b) Administrator Remains Responsible.--A delegation of functions 
by the Administrator under this section or under any other provision of 
this Act shall not relieve the Administrator of responsibility for the 
administration of such functions.

SEC. 8. SUPPLEMENTAL PERSONNEL AND SERVICES.

    (a) Experts and Consultants.--In addition to the officers provided 
for by section 3, the Administrator may obtain the services of experts 
and consultants in accordance with section 3109 of title 5, United 
States Code.
    (b) Personnel of Other Agencies.--Upon request of the 
Administrator, the head of any Federal agency may detail, on a 
reimbursable basis, any of the personnel of such agency to assist the 
Administrator in carrying out functions of the Administration.
    (c) Volunteer Services.--
            (1) In general.--The Administrator may accept voluntary 
        services of individuals in accordance with the provisions of 
        section 3111 of title 5, United States Code and 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.
            (2) Incidental expenses.--The Administrator may provide for 
        incidental expenses, including transportation, lodging, and 
        subsistence, for persons who provide voluntary services 
        pursuant to this subsection to the Administrator.
            (3) Not federal employees.--An individual who provides 
        voluntary services to the Administrator pursuant to this 
        subsection shall not be considered to be 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. 9. CONTRACTS.

    The Administrator may, without regard to the provisions of section 
3324 of title 31, United States Code, and subject to appropriations 
Acts, enter into and perform contracts, leases, cooperative agreements, 
and other transactions, on such terms and conditions as the 
Administrator considers appropriate, with any Federal agency or any 
instrumentality of the United States, with any State, territory, or 
possession, with any political subdivision thereof, and with any 
person, (including any educational institution) as may be necessary to 
carry out the functions of the Administrator and the Administration.

SEC. 10. USE OF SERVICES, EQUIPMENT, PERSONNEL, AND FACILITIES OF OTHER 
              AGENCIES.

    (a) In General.--With the consent of the appropriate agency, 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 in the use of services, equipment, personnel, and 
facilities.
    (b) Cooperation of Other Federal Agencies.--The head of each 
Federal agency shall cooperate fully with the Administrator in making 
the services, equipment, personnel, and facilities of the Federal 
agency available to the Administrator.
    (c) Supplies and Equipment.--Notwithstanding any other provision of 
law, the head of a Federal agency may transfer to or receive from the 
Administration, without reimbursement, supplies and equipment, other 
than administrative supplies and equipment.

SEC. 11. ACQUISITION AND MAINTENANCE OF PROPERTY.

    (a) In General.--The Administrator may--
            (1) 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), and any interest 
                therein within or outside the continental United 
                States,
        as the Administrator considers necessary;
            (2) lease to others such real and personal property; and
            (3) provide by contract or otherwise for eating facilities 
        and other necessary facilities for the welfare of employees of 
        the Administration at its installations and purchase and 
        maintain equipment for such facilities.
    (b) Title to Property.--Title to any property or interest therein 
acquired pursuant to this section shall be in the United States.
    (c) Limitation.--The authority granted by subsection (a) shall be 
available only with respect to facilities of a special purpose nature 
that cannot readily be reassigned from similar Federal activities and 
are not otherwise available for assignment to the Administration by the 
Administrator of General Services.
    (d) Contracts and Leases Subject to Appropriations.--The authority 
of the Administrator to enter into contracts and leases under this 
section shall be to such extent and in such amounts as are provided in 
appropriation Acts.

SEC. 12. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.

    The Administrator may accept transfers from other Federal agencies 
of funds which are available to carry out--
            (1) functions transferred by this Act to the Administrator; 
        or
            (2) functions assigned by law to the Administrator after 
        the date of the enactment of this Act.

SEC. 13. SEAL OF ADMINISTRATION.

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

SEC. 14. STATUS OF ADMINISTRATION UNDER CERTAIN LAWS.

    For purposes of chapter 9 of title 5, United States Code, the 
Administration is an independent regulatory agency.

SEC. 15. SAVINGS PROVISIONS.

    (a) In General.--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, any Federal department or 
        agency or official thereof, or by a court of competent 
        jurisdiction, in regard to functions which are transferred 
        under this Act to the Administration on or after the date of 
        the enactment of this Act; and
            (2) which are in effect on 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 official, by a 
court of competent jurisdiction, or by operation of law.
    (b) Pending Licenses, Permits, Certificates, and Financial 
Assistance.--
            (1) In general.--This Act shall not affect any proceedings 
        or any application for any license, permit, certificate, or 
        financial assistance pending on the effective date of this Act, 
        and such proceedings and applications, to the extent that they 
        relate to functions so transferred, shall be continued.
            (2) Proceedings.--Orders shall be issued in proceedings 
        referred to in paragraph (1), 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.
            (3) Discontinuance or modification.--Nothing in this 
        subsection shall be considered to prohibit the discontinuance 
        or modification of any proceeding under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this Act had not been 
        enacted.
    (c) Pending Suits.--
            (1) In general.--This Act shall not affect suits commenced 
        before the effective date of this Act.
            (2) Proceedings.--In all suits referred to in paragraph 
        (1), proceedings shall be had, appeals taken, and judgments 
        rendered in the same manner and effect as if this Act had not 
        been enacted.
    (d) Interim Appointments.--
            (1) In general.--In any case involving an officer required 
        by this Act to be appointed by and with the advice and consent 
        of the Senate who has not entered office on the effective date 
        of this Act, the President may designate the person who served 
        as such officer on the day before the effective date of this 
        Act to act in such office until the office is filled as 
        provided by this Act.
            (2) Compensation.--A person designated to act in an office 
        under paragraph (1) shall receive compensation at the rate of 
        pay provided by this Act for the office in which the person 
        acts.

SEC. 16. BUDGETARY TREATMENT OF THE AIRPORT AND AIRWAY TRUST FUND.

    (a) In General.--Notwithstanding any other provision of law, the 
receipts and disbursements of the Airport and Airway Trust Fund 
allocable to the transportation-related operations of such Trust Fund, 
including disbursements for administrative expenses incurred in 
connection with such Trust Fund--
            (1) shall not be included in the totals of--
                    (A) the budget of the United States Government as 
                submitted by the President, or
                    (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein);
            (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government; and
            (3) shall be exempt from any order issued under part C of 
        the Balanced Budget and Emergency Deficit Control Act of 1985.
    (b) Effective Date.--Subsection (a) shall take effect October 1, 
1995.

SEC. 17. LAWS AND REGULATIONS.

    Except as otherwise provided in this Act, all laws, rules, and 
regulations in effect and applicable to the Federal Aviation 
Administration of the Department of Transportation or 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. 18. REPEAL.

    Section 106 of title 49, United States Code (relating to the 
establishment of the Federal Aviation Administration in the Department 
of Transportation), is repealed.

SEC. 19. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Administration.--The term ``Administration'' means the 
        Federal Aviation Administration established by section 2.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration appointed 
        under section 3.

SEC. 20. EFFECTIVE DATE.

    Except as provided in section 16(b), this Act shall take effect 180 
days after the date of its enactment.
                                 <all>
HR 5274 IH----2
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