I

104TH CONGRESS

1ST SESSION H. R. 2276

To establish the Federal Aviation Administration as an independent

establishment in the executive branch, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 1995

Mr. DUNCAN (for himself, Mr. SHUSTER, Mr. OBERSTAR, Mr. LIGHTFOOT,

Mr. CLINGER, Mr. WELLER, Mr. COBLE, Mr. RAHALL, Mr. LIPINSKI,

Mr. EWING, Mr. COSTELLO, Mr. WISE, Mr. HUTCHINSON, Mr. EHLERS,

Mr. BACHUS, Mrs. SEASTRAND, Mr. TATE, Ms. DANNER, Mrs. KELLY,

Mr. CLYBURN, and Mr. LATHAM) introduced the following bill; which was

referred to the Committee on Transportation and Infrastructure, and in

addition to the Committees on Government Reform and Oversight, and

the Budget, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To establish the Federal Aviation Administration as an independent establishment in the executive branch, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Aviation Ad5 ministration Revitalization Act of 1995’’.
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1 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 49, United States Code.

7 SEC. 3. ESTABLISHMENT OF FEDERAL AVIATION ADMINIS8 TRATION.

9 Subtitle II is amended by adding at the end the fol10 lowing:

11 ‘‘CHAPTER 13—FEDERAL AVIATION

12 ADMINISTRATION

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘1301. Definitions.

‘‘SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE

‘‘1311. Establishment.

‘‘1312. Federal Aviation Board.

‘‘1313. Officers.

‘‘1314. Personnel management program.

‘‘1315. Management Advisory Committee.

‘‘1316. Authority to carry out certain transferred duties and powers.

‘‘SUBCHAPTER III—AUTHORITY

‘‘1331. Functions.

‘‘1332. Regulations.

‘‘1333. Finality of decisions; appeals.

‘‘1334. Procurement program.

‘‘1335. Judicial review of actions in carrying out certain transferred duties and

powers.

13 ‘‘SUBCHAPTER I—GENERAL PROVISIONS

14 ‘‘§ 1301. Definitions

15 ‘‘In this chapter, the following definitions apply:
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1 ‘‘(1) ADMINISTRATION.—The term ‘Administra2 tion’ means the Federal Aviation Administration es3 tablished by section 1311.

4 ‘‘(2) AERONAUTICS, AIR COMMERCE, AND AIR

5 NAVIGATION FACILITY.—The terms ‘aeronautics’,

6 ‘air commerce’, and ‘air navigation facility’ have the

7 same meanings given those terms in section

8 40102(a) of this title.

9 ‘‘(3) AIRPORT AND AIRWAY TRUST FUND.—The

10 term ‘Airport and Airway Trust Fund’ means the

11 Airport and Airway Trust Fund established by sec12 tion 9502 of the Internal Revenue Code of 1986.

13 ‘‘(4) BOARD.—The term ‘Board’ means the

14 Federal Aviation Board established by section 1312.

15 ‘‘(5) CHIEF EXECUTIVE OFFICER.—The term

16 ‘Chief Executive Officer’ means the Chief Executive

17 Officer of the Federal Aviation Administration.

18 ‘‘SUBCHAPTER II—ORGANIZATION AND

19 ADMINISTRATIVE

20 ‘‘§ 1311. Establishment

21 ‘‘There is established in the executive branch as an

22 independent establishment the Federal Aviation Adminis23 tration. The Administration shall succeed the Federal

24 Aviation Administration of the Department of Transpor-
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1 tation in existence on the day before the effective date of

2 this section.

3 ‘‘§ 1312. Federal Aviation Board

4 ‘‘(a) IN GENERAL.—There is established a Federal

5 Aviation Board which shall serve as the head of the Ad6 ministration.

7 ‘‘(b) FUNCTIONS.—

8 (1) IN GENERAL.—The Board shall be respon9 sible for the major policy functions of the Adminis10 tration, including the following:

11 ‘‘(A) The appointment and removal of the

12 Chief Executive Officer and the approval of

13 other senior officers of the Administration

14 under section 1313.

15 ‘‘(B) The approval and submission to Con16 gress of major contracts under section 1334(d).

17 ‘‘(C) The approval of major regulatory ac18 tions under section 1332(b).

19 ‘‘(D) The issuance of letters of intent

20 under section 47110(e).

21 ‘‘(E) The approval and submission to Con22 gress of the Administration’s plans for person23 nel management and acquisition management

24 programs under sections 1314 and 1334.
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1 ‘‘(F) The approval of the agency’s annual

2 budget submission.

3 ‘‘(G) Long-range and strategic planning

4 for the Administration.

5 ‘‘(H) The representation of the Adminis6 tration at public events to the extent prac7 ticable.

8 ‘‘(I) Such other significant actions as the

9 Board considers appropriate.

10 ‘‘(2) NONDELEGABLE FUNCTIONS.—The Board

11 may not delegate the functions described in subpara12 graphs (A) through (F) of paragraph (1).

13 ‘‘(3) NOT SUBJECT TO ENTITIES CREATED BY

14 EXECUTIVE ORDER.—The Administration shall not

15 submit decisions for the approval of, and shall not

16 be bound by the decisions or recommendations of,

17 any committee, board, or other organization estab18 lished by Executive order.

19 ‘‘(c) MEMBERSHIP.—

20 ‘‘(1) VOTING MEMBERS.—The Board shall be

21 composed of 3 voting members to be appointed by

22 the President, by and with the advice and consent

23 of the Senate. The initial members of the Board

24 shall be appointed as soon as practicable after the
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1 date of the enactment of the Federal Aviation Ad2 ministration Revitalization Act of 1995.

3 ‘‘(2) NON-VOTING MEMBERS.—The Secretary of

4 Transportation (or the Secretary’s designee) and the

5 Secretary of Defense (or the Secretary’s designee)

6 shall serve as non-voting members of the Board.

7 ‘‘(d) QUALIFICATIONS.—

8 ‘‘(1) IN GENERAL.—Members appointed to the

9 Board under subsection (c)(1) shall represent the

10 public interest and shall be selected from individuals

11 who are knowledgeable in aviation. Members of the

12 Board may not—

13 ‘‘(A) have a pecuniary interest in, or own

14 stock in or bonds of, an aeronautical enterprise;

15 ‘‘(B) engage in another business, vocation,

16 or employment; and

17 ‘‘(C) be a member of any organization a

18 substantial part of whose activities are for the

19 purpose of influencing aviation-related legisla20 tion.

21 ‘‘(2) DEFINITION.—In this subsection, the term

22 ‘influencing legislation’ has the meaning such term

23 has under section 4911(d) of the Internal Revenue

24 Code of 1986 (26 U.S.C. 4911(d)).

25 ‘‘(e) TERMS.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

2 and (3), each member of the Board appointed under

3 subsection (c)(1) shall be appointed for a term of 7

4 years.

5 ‘‘(2) TERMS OF INITIAL APPOINTEES.—As des6 ignated by the President at the time of appointment,

7 of the members first appointed under subsection

8 (c)(1)—

9 ‘‘(A) 1 shall be appointed for a term of 3

10 years;

11 ‘‘(B) 1 shall be appointed for a term of 5

12 years; and

13 ‘‘(C) 1 shall be appointed for a term of 7

14 years.

15 ‘‘(3) VACANCIES.—Any member appointed

16 under subsection (c)(1) to fill a vacancy occurring

17 before the expiration of the term for which the mem18 ber’s predecessor was appointed shall be appointed

19 only for the remainder of that term. A member may

20 serve after the expiration of that member’s term

21 until a successor has taken office.

22 ‘‘(f) REMOVAL.—Members of the Board appointed

23 under subsection (c)(1) may be removed by the President

24 for inefficiency, neglect of duty, or malfeasance in office.
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1 ‘‘(g) CHAIRPERSON.—The Chairperson of the Board

2 shall be appointed by the President, by and with the advice

3 and consent of the Senate. At the time of such appoint4 ment, the President shall establish the term of the Chair5 person. Such term may not exceed the term of the Chair6 person’s appointment to the Board.

7 ‘‘(h) QUORUM.—Two members of the Board ap8 pointed under subsection (c)(1) shall constitute a quorum

9 for carrying out the duties and powers of the Board.

10 ‘‘(i) BASIC PAY.—

11 ‘‘(1) CHAIRPERSON.—The Chairperson of the

12 Board shall be paid at a rate equal to the rate of

13 basic pay payable for level II of the Executive

14 Schedule.

15 ‘‘(2) OTHER MEMBERS.—The other voting

16 members of the Board shall be paid at a rate equal

17 to the rate of basic pay payable for level III of the

18 Executive Schedule.

19 ‘‘§ 1313. Officers

20 ‘‘(a) CHIEF EXECUTIVE OFFICERS.—

21 ‘‘(1) APPOINTMENT.—The Board shall appoint

22 a Chief Executive Officer.

23 ‘‘(2) DUTIES.—The Board shall delegate to the

24 Chief Executive Officer the responsibility for manag25 ing the day-to-day operation of the Administration,
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1 including (except as provided in section 1312(b)) the

2 hiring and firing of employees, acquisition of facili3 ties and equipment, issuance of rules, airworthiness

4 directives, and advisory circulars, preparation of the

5 annual budget submission, the awarding of grants,

6 and such other functions as the Board considers ap7 propriate.

8 ‘‘(3) REMOVAL.—The Chief Executive Officer

9 shall serve at the pleasure of the Board; except that

10 the Board shall make every effort to ensure stability

11 and continuity in the leadership of the Administra12 tion.

13 ‘‘(4) BASIC PAY.—Subject to section 1314(f),

14 the Chief Executive Officer shall be paid at a rate

15 to be determined by the Board.

16 ‘‘(b) OTHER OFFICERS.—Subject to the approval of

17 the Board, the Chief Executive Officer shall appoint other

18 senior officers who shall each have such duties as the Chief

19 Executive Officer may prescribe.

20 ‘‘(c) CHIEF COUNSEL.—Subject to the approval of

21 the Board, the Chief Executive Officer shall appoint a

22 Chief Counsel who shall be the chief legal officer for all

23 legal matters arising from the activities of the Administra24 tion.
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1 ‘‘(d) INSPECTOR GENERAL.—There shall be in the

2 Administration an Inspector General who shall be ap3 pointed in accordance with the Inspector General Act of

4 1978 (5 U.S.C. App.).

5 ‘‘§ 1314. Personnel management program

6 ‘‘(a) EXEMPTION FROM CERTAIN PROVISIONS OF

7 TITLE 5, UNITED STATES CODE.—

8 ‘‘(1) IN GENERAL.—Except as otherwise pro9 vided in this Act, the Administration shall be exempt

10 from parts II and III of title 5.

11 ‘‘(2) EFFECTIVE DATE.—The exemption pro12 vided by paragraph (1) shall not take effect until the

13 expiration of the 180-period described in subsection

14 (d)(2).

15 ‘‘(b) DEVELOPMENT OF PERSONNEL MANAGEMENT

16 SYSTEM.—

17 ‘‘(1) IN GENERAL.—Not later than 1 year after

18 the date of the enactment of the Federal Aviation

19 Administration Revitalization Act of 1995, the

20 Board shall develop a personnel management system

21 for the Administration.

22 ‘‘(2) CONSULTATION.—In developing the per23 sonnel management system, the Board shall consult

24 employees of the Administration, the designated rep-
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1 resentatives of such employees, and nongovern2 mental experts in personnel management systems.

3 ‘‘(3) GOALS.—The goal of the personnel man4 agement system to be developed by the Board under

5 paragraph (1) shall be to provide, consistent with

6 the requirements of this section, the Administration

7 with the ability—

8 ‘‘(A) to hire and fire employees as in the

9 private sector;

10 ‘‘(B) to promote and pay employees based

11 on merit;

12 ‘‘(C) to provide market-based salaries (de13 signed to attract the best qualified employees)

14 within available resources;

15 ‘‘(D) to provide pay increases and other in16 centives to staff facilities that are difficult to

17 staff;

18 ‘‘(E) to move personnel to those facilities

19 where they are most needed; and

20 ‘‘(F) to provide an opportunity for collec21 tive bargaining and other consultation with em22 ployees concerning terms and conditions of em23 ployment.

24 ‘‘(c) EXPERTS EVALUATION.—The arrangements en25 tered into by the Board with the experts consulted by the
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1 Board under subsection (b) shall provide for those experts

2 to evaluate the personnel management system developed

3 by the Board and submit to Congress the results of such

4 evaluation before the last day of the 1-year period referred

5 to in subsection (b)(1).

6 ‘‘(d) NOTICE TO CONGRESS.—

7 ‘‘(1) IN GENERAL.—Upon development of the

8 personnel management system under subsection (b),

9 the Board shall submit to Congress a comprehensive

10 plan describing the personnel management system,

11 along with all existing or proposed rules or regula12 tions relevant to the system.

13 ‘‘(2) IMPLEMENTATION.—The Board may begin

14 to implement the personnel management system only

15 after the expiration of the 180-day period that be16 gins on the date of submission of the plan to Con17 gress under paragraph (1).

18 ‘‘(e) EMPLOYEE RIGHTS AND BENEFITS.—Nothing

19 in this section shall be construed as exempting the Admin20 istration and employees of the Administration from any

21 of the following provisions of title 5:

22 ‘‘(1) Section 2302(b)(8) (relating to whistle23 blower protection) and related enforcement provi24 sions.
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1 ‘‘(2) Sections 7311(3) and 7311(4) (relating to

2 limitations on the right to strike).

3 ‘‘(3) Sections 2302(b)(1) and 7204 (relating to

4 antidiscrimination) and related enforcement provi5 sions and provisions of law referred to in section

6 2302(b)(1).

7 ‘‘(4) Chapter 73 (relating to suitability, secu8 rity, and conduct).

9 ‘‘(5) Chapter 81 (relating to compensation for

10 work injuries).

11 ‘‘(6) Chapter 83 (relating to retirement).

12 ‘‘(7) Chapter 84 (relating to the Federal Em13 ployees’ Retirement System).

14 ‘‘(8) Chapter 85 (relating to unemployment

15 compensation).

16 ‘‘(9) Chapter 89 (relating to health insurance).

17 ‘‘(f) PAY RESTRICTIONS.—

18 ‘‘(1) MAXIMUM RATE OF PAY.—No officer (in19 cluding the Chief Executive Officer) or employee of

20 the Administration may receive annual pay in excess

21 of the annual rate of basic pay payable for level II

22 of the Executive Schedule unless the Board provides

23 written notification to Congress of such higher rate

24 of pay and 30 days (excluding Saturdays, Sundays,

25 and holidays, and any day on which neither House
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1 of Congress is in session because of an adjournment

2 sine die, a recess of more than 3 days, or an ad3 journment of more than 3 days) have elapsed since

4 the date of such notification.

5 ‘‘(2) PERCENTAGE OF EMPLOYEES ABOVE

6 LEVEL ES–1 OF SENIOR EXECUTIVE SERVICE.—Not

7 more than 0.30 percent of the officers (including

8 members of the Board and the Chief Executive Offi9 cer) and employees of the Administration may be

10 paid at a rate which equals or exceeds the rate pay11 able for level ES–1 of the Senior Executive Service.

12 ‘‘(3) RAISES AND BONUSES.—No officer (in13 cluding the Chief Executive Officer) or employee of

14 the Administration who is paid at a rate which ex15 ceeds the rate payable for level ES–1 of the Senior

16 Executive Service may receive in a calendar year

17 raises or bonuses (excluding cost-of-living increases

18 and increases that are the results of a promotion)

19 that total more than 10 percent of the annual rate

20 of pay of the officer or employee on the day before

21 the first day of such calendar year.

22 ‘‘(g) CONTRACTS BETWEEN FAA AND FORMER FAA

23 EMPLOYEES.—Before the Administration may enter into

24 a contract with an individual who has been employed by

25 the Administration at any time during the 2-year period
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1 preceding the expected date of entry into the contract or

2 with a corporation, partnership, or other entity in which

3 such a former employee is a partner, principal officer, or

4 majority stockholder or which is otherwise controlled or

5 predominantly staffed by 1 or more of such former em6 ployees, the Board must first approve of the entry into

7 the contract as being essential to the mission of the Ad8 ministration.

9 ‘‘§ 1315. Management Advisory Committee

10 ‘‘(a) ESTABLISHMENT.—There is established an advi11 sory committee which shall be known as the Federal Avia12 tion Management Advisory Committee (hereinafter in this

13 section referred to as the ‘Management Advisory Commit14 tee’).

15 ‘‘(b) MEMBERSHIP.—The Management Advisory

16 Committee shall consist of 17 members, who shall be ap17 pointed as follows:

18 ‘‘(1) 1 member appointed by the Speaker of the

19 House of Representatives;

20 ‘‘(2) 1 member appointed by the minority lead21 er of the House of Representatives;

22 ‘‘(3) 1 member appointed by the majority lead23 er of the Senate;

24 ‘‘(4) 1 member appointed by the minority lead25 er of the Senate;
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1 ‘‘(5) 13 members appointed by the Board 12 of

2 whom shall represent 1 of the following interests:

3 ‘‘(A) Airline passengers.

4 ‘‘(B) General aviation and sport aviation.

5 ‘‘(C) Business aviation.

6 ‘‘(D) Hub airports.

7 ‘‘(E) Non-hub and general aviation air8 ports.

9 ‘‘(F) Major airlines and national airlines.

10 ‘‘(G) Regional airlines and air taxis.

11 ‘‘(H) Cargo airlines and charter airlines.

12 ‘‘(I) Aircraft manufacturers.

13 ‘‘(J) Airline employees.

14 ‘‘(K) Federal Aviation Administration em15 ployees.

16 ‘‘(L) State aviation officials.

17 ‘‘(c) FUNCTIONS.—The Management Advisory Com18 mittee shall provide advice and counsel to the Administra19 tion on issues which affect or are affected by the oper20 ations of the Administration. The Management Advisory

21 Committee shall hold quarterly meetings. The Administra22 tion shall give the Management Advisory Committee ac23 cess to internal documents and personnel of the Adminis24 tration. The Management Advisory Committee shall func25 tion as an oversight resource for management, policy,
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1 spending, and regulatory matters under the jurisdiction

2 of the Administration.

3 ‘‘(d) CHAIRMAN.—The Management Advisory Com4 mittee shall elect a chairman of the Management Advisory

5 Committee from among its members.

6 ‘‘(e) TERMS OF MEMBERS.—

7 ‘‘(1) MEMBERS APPOINTED BY CONGRESS.—

8 Members appointed under subsections (b)(1)

9 through (4) shall be appointed for a term of 2 years.

10 ‘‘(2) MEMBERS APPOINTED BY THE BOARD.—

11 Members appointed under subsection (b)(5) shall be

12 appointed for a term of 3 years.

13 ‘‘(f) TRAVEL AND PER DIEM.—Each member of the

14 Management Advisory Committee shall be paid actual

15 travel expenses, and per diem in lieu of subsistence ex16 penses when away from his or her usual place of residence,

17 in accordance with section 5703 of title 5.

18 ‘‘(g) UTILIZATION OF PERSONNEL FROM FAA.—The

19 Administration shall make available to the Management

20 Advisory Committee such staff, information, and adminis21 trative services and assistance as may reasonably be re22 quired to enable the Management Advisory Committee to

23 carry out its responsibilities under this section.

24 ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY COM25 MITTEE ACT.—The Management Advisory Committee
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1 shall be subject to the Federal Advisory Committee Act

2 (5 U.S.C. App.); except that section 14(a)(2)(B) of such

3 Act (relating to the termination of advisory committees)

4 shall not apply to the Committee.

5 ‘‘§ 1316. Authority to carry out certain transferred

6 duties and powers

7 ‘‘Except as otherwise provided in this chapter, in car8 rying out a duty or power transferred under the Federal

9 Aviation Administration Revitalization Act of 1995 (in10 cluding the amendments made by such Act), the Adminis11 tration has the same authority that was vested in the de12 partment, agency, or instrumentality of the United States

13 Government carrying out the duty or power immediately

14 before the transfer. An action of the Administration in

15 carrying out the duty or power has the same effect as

16 when carried out by the department, agency, or instru17 mentality.

18 ‘‘SUBCHAPTER III—AUTHORITY

19 ‘‘§ 1331. Functions

20 ‘‘(a) IN GENERAL.—The functions of the Federal

21 Aviation Administration shall be all functions vested in the

22 Board, the Chief Executive Officer, or the Federal Avia23 tion Administration by this title or by law enacted after

24 the date of the enactment of this chapter. Such functions

25 include functions of the Administration, the Board, and
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1 the Chief Executive Officer under the following provisions

2 of this title:

3 ‘‘(1) Section 308(b).

4 ‘‘(2) Section 353.

5 ‘‘(3) Section 1114(d).

6 ‘‘(4) Section 1131(c).

7 ‘‘(5) Subsections (c) and (d) of section 1132.

8 ‘‘(6) Section 1135.

9 ‘‘(7) Section 1153(c).

10 ‘‘(8) Subsections (a), (c), and (d) of section

11 40101.

12 ‘‘(9) Section 40102(a)(8).

13 ‘‘(10) Section 40103(b).

14 ‘‘(11) Section 40104.

15 ‘‘(12) Section 40105.

16 ‘‘(13) Section 40106(a).

17 ‘‘(14) Section 40107.

18 ‘‘(15) Section 40108.

19 ‘‘(16) Section 40109(b).

20 ‘‘(17) Subsections (a) and (b) of section 40110.

21 ‘‘(18) Section 40111.

22 ‘‘(19) Section 40112.

23 ‘‘(20) Section 40113.

24 ‘‘(21) Section 40114.

25 ‘‘(22) Section 40115.
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1 ‘‘(23) Section 40117.

2 ‘‘(24) Section 40119.

3 ‘‘(25) Section 41714.

4 ‘‘(26) Chapter 441.

5 ‘‘(27) Chapter 443.

6 ‘‘(28) Chapter 445.

7 ‘‘(29) Chapter 447.

8 ‘‘(30) Chapter 449.

9 ‘‘(31) Chapter 451.

10 ‘‘(32) Chapter 453.

11 ‘‘(33) Chapter 461.

12 ‘‘(34) Section 46301.

13 ‘‘(35) Section 46302.

14 ‘‘(36) Section 46303.

15 ‘‘(37) Section 46304.

16 ‘‘(38) Section 46306.

17 ‘‘(39) Section 46308.

18 ‘‘(40) Section 46311.

19 ‘‘(41) Section 46313.

20 ‘‘(42) Section 46315.

21 ‘‘(43) Section 46316.

22 ‘‘(44) Chapter 465.

23 ‘‘(45) Chapter 471.

24 ‘‘(46) Chapter 473.

25 ‘‘(47) Chapter 475.
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1 ‘‘(48) Chapter 481.

2 ‘‘(49) Chapter 491.

3 ‘‘(b) INCIDENTAL FUNCTIONS.—In addition, the

4 functions of the Administration shall include all functions

5 of the Department of Transportation on the effective date

6 of this section which are incidental to, helpful to, or nec7 essary for the performance of the functions referred to in

8 subsection (a) or which relate primarily to those functions.

9 ‘‘§ 1332. Regulations

10 ‘‘(a) GENERAL AUTHORITY.—The Administration

11 may issue, rescind, and amend such regulations as are

12 necessary to carry out its functions.

13 ‘‘(b) APPROVAL OF BOARD.—

14 ‘‘(1) GENERAL RULE.—The Administration

15 may only issue a proposed regulation, final regula16 tion, airworthiness directive, or advisory circular

17 that may result in the expenditure by State, local,

18 and tribal governments in the aggregate, or by the

19 private sector, of $10,000,000 or more (adjusted an20 nually for inflation) in any 1 year if the Board first

21 approves of the issuance of such regulation, direc22 tive, or circular.

23 ‘‘(2) EMERGENCY ACTION.—In an emergency,

24 the Chief Executive Officer may issue a regulation,

25 directive, or circular described in paragraph (1)
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1 without prior Board approval but subject to Board

2 ratification following issuance.

3 ‘‘(c) REVIEW BY DOT.—

4 ‘‘(1) SUBMISSION.—Before the Administration

5 issues any proposed or final regulation—

6 ‘‘(A) the Administration shall submit a

7 copy of the regulation to the Secretary of

8 Transportation;

9 ‘‘(B) the Administration shall provide the

10 Secretary with a period of 5 days (excluding

11 Saturdays, Sundays, and holidays) beginning on

12 the date of such submission to determine

13 whether or not the regulation is likely to have

14 a significant effect on other modes of transpor15 tation in the national transportation system or

16 the Secretary’s aviation responsibilities, includ17 ing national defense responsibilities; and

18 ‘‘(C) if the Secretary determines, before

19 the last day of such 5-day period, that the regu20 lation is likely to have such a significant effect,

21 the Administration shall provide the Secretary

22 with an additional period of 45 days to assess

23 the effect of the regulation on other modes of

24 transportation in the national transportation
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1 system and the Secretary’s aviation responsibil2 ities, including national defense responsibilities.

3 ‘‘(2) RECOMMENDATIONS.—The Secretary may

4 recommend to the Administration modifications of a

5 proposed or final regulation necessary to minimize

6 the adverse effect of such regulation on other modes

7 of transportation in the national transportation sys8 tem or the Secretary’s aviation responsibilities, in9 cluding national defense responsibilities. The Admin10 istration may make any modifications recommended

11 by the Secretary. If the Administration does not

12 make a modification recommended by the Secretary,

13 the Administration shall include in the publication of

14 the proposed or final regulation a description of the

15 recommended modification and the reasons for not

16 making the modification.

17 ‘‘(3) EXCEPTIONS.—This subsection shall not

18 apply to the following types of regulations:

19 ‘‘(A) Regulations pertaining to agency or20 ganization, procedure, or practice.

21 ‘‘(B) Regulations pertaining solely to navi22 gational aids.

23 ‘‘(C) Regulations pertaining solely to air24 space designations and configurations.
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1 ‘‘(D) Regulations pertaining solely to

2 standard instrument approach procedures.

3 ‘‘(4) EMERGENCY.—In the case of an emer4 gency, the Chief Executive Officer or the Board may

5 suspend the application of this subsection for the

6 duration of the emergency.

7 ‘‘(d) AUTOMATIC TERMINATION DATE.—Any regula8 tion issued by the Administration after the effective date

9 of this section which is likely to result in the annual ex10 penditure by State, local, and tribal governments in the

11 aggregate, or by the private sector, of $25,000,000 or

12 more (adjusted annually for inflation) in any 1 year must

13 contain an automatic termination date.

14 ‘‘(e) EMERGENCY DEFINED.—In this section, the

15 term ‘emergency’ means a situation where there is good

16 cause for finding that consideration by the Board or by

17 the Department of Transportation is impracticable or con18 trary to the public interest.

19 ‘‘§ 1333. Finality of decisions; appeals

20 ‘‘Decisions of the Administration made pursuant to

21 the exercise of the functions enumerated in subtitle VII

22 of this title shall be administratively final, and appeals as

23 currently authorized by law shall be taken directly to the

24 National Transportation Safety Board or to any court of

25 competent jurisdiction, as appropriate.
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1 ‘‘§ 1334. Procurement program

2 ‘‘(a) EXEMPTION FROM PROCUREMENT LAWS.—

3 ‘‘(1) IN GENERAL.—The following laws and reg4 ulations shall not apply to the Federal Aviation Ad5 ministration:

6 ‘‘(A) Title III of the Federal Property and

7 Administrative Services Act of 1949 (41 U.S.C.

8 251–266).

9 ‘‘(B) The Office of Federal Procurement

10 Policy Act (41 U.S.C. 401 et seq.).

11 ‘‘(C) The Federal Acquisition Streamlining

12 Act of 1994 (Public Law 103–355).

13 ‘‘(D) The Small Business Act (15 U.S.C.

14 631 et seq.); except that the Administration

15 shall provide reasonable opportunities to small

16 business concerns and small business concerns

17 owned and controlled by socially and economi18 cally disadvantaged individuals to be awarded

19 contracts.

20 ‘‘(E) Subchapter V of chapter 35 of title

21 31 (relating to the procurement protest sys22 tem).

23 ‘‘(F) The Brooks Automatic Data Process24 ing Act (40 U.S.C. 759).

25 ‘‘(G) The Federal Acquisition Regulation

26 and any laws not listed in subparagraphs (A)
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1 through (F) providing authority to promulgate

2 regulations in the Federal Acquisition Regula3 tion.

4 ‘‘(2) EFFECTIVE DATE.—The exemption pro5 vided by paragraph (1) shall not take effect until the

6 expiration of the 180-day period referred to in sub7 section (c)(2).

8 ‘‘(b) DEVELOPMENT OF ACQUISITION MANAGEMENT

9 SYSTEM.—

10 ‘‘(1) IN GENERAL.—Not later than 1 year after

11 the date of the enactment of the Federal Aviation

12 Administration Revitalization Act of 1995, the Fed13 eral Aviation Board, in consultation with such non14 governmental experts in acquisition management

15 systems as the Board may employ, shall develop an

16 acquisition management system for the Administra17 tion.

18 ‘‘(2) CONSULTATION.—In developing the acqui19 sition management system, the Board shall consult

20 nongovernmental experts in acquisition management

21 systems.

22 ‘‘(3) GOALS.—The acquisition management sys23 tem to be developed by the Board under paragraph

24 (1) shall be designed—
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1 ‘‘(A) to ensure that services are procured

2 and new equipment is installed and certified as

3 quickly as possible without sacrificing principles

4 of fairness and protection against waste, fraud,

5 and abuse; and

6 ‘‘(B) to ensure a common interoperable air

7 traffic control system with the military.

8 ‘‘(4) EXPERTS EVALUATION.—The arrange9 ments entered into by the Board with the experts

10 consulted by the Board under paragraph (2) shall

11 provide for those experts to evaluate the acquisition

12 management system developed by the Board and

13 submit to Congress the results of such evaluation be14 fore the last day of the 1-year period referred to in

15 paragraph (1).

16 ‘‘(c) NOTICE TO CONGRESS.—

17 ‘‘(1) IN GENERAL.—Upon the development of

18 the acquisition management system, the Board shall

19 submit a comprehensive plan describing the acquisi20 tion management system to Congress, along with all

21 existing or proposed rules or regulations relevant to

22 the system.

23 ‘‘(2) IMPLEMENTATION.—The Administration

24 may begin to implement the acquisition management

25 system only after the expiration of the 180-day pe-
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1 riod that begins on the date on which the plan is

2 submitted to Congress under paragraph (1). The ac3 quisition management system shall apply to con4 tracts entered into after the expiration of such 180-

5 day period.

6 ‘‘(d) CONTRACTS.—

7 ‘‘(1) APPROVAL OF CERTAIN CONTRACTS.—The

8 Administration may only enter into a contract that

9 has a total contract value, including all options, of

10 an amount greater than $100,000,000 if the Board

11 first approves of the entry into the contract.

12 ‘‘(2) NOTICE TO CONGRESS OF CERTAIN CON13 TRACTS.—In addition to complying with paragraph

14 (1), the Administration may only enter into a con15 tract that has a total contract value, including all

16 options, of an amount greater than $250,000,000 if

17 the Board provides written notice to Congress of the

18 proposed entry into the contract, together with a de19 scription of the contract and at least 30 calendar

20 days elapse after the date of such notification.

21 ‘‘§ 1335. Judicial review of actions in carrying out

22 certain transferred duties and powers

23 ‘‘(a) JUDICIAL REVIEW.—An action of the Adminis24 tration in carrying out a duty or power transferred under

25 the Department of Transportation Act (Public Law 89–
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1 670) and under the Federal Aviation Administration Revi2 talization Act of 1995 and an action of the Administrator

3 of the Federal Aviation Administration in carrying out a

4 duty or power specifically assigned to the Administrator

5 by the Department of Transportation Act and transferred

6 to the Administration by the Federal Aviation Administra7 tion Revitalization Act of 1995 may be reviewed judicially

8 to the same extent and in the same way as if the action

9 had been an action by the department, agency, or instru10 mentality of the United States Government carrying out

11 the duty or power immediately before the transfer.

12 ‘‘(b) APPLICATION OF PROCEDURAL REQUIRE13 MENTS.—A statutory requirement related to notice, an op14 portunity for a hearing, action on the record, or adminis15 trative review that applied to a duty or power transferred

16 by the Acts referred to in subsection (a) applies to the

17 Administration when carrying out the duty or power.’’.

18 SEC. 4. BUDGET OF ADMINISTRATION.

19 (a) IN GENERAL.—Section 48109 of title 49, United

20 States Code, is amended to read as follows:

21 ‘‘§ 48109. Budget information and legislative rec22 ommendations and comments

23 ‘‘(a) PREPARATION.—Subject to approval of the Fed24 eral Aviation Board, the Chief Executive Officer shall pre25 pare an annual budget for the Administration.
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1 ‘‘(b) SUBMISSION OF BUDGET TO DOT.—At the

2 same time that agencies of the Department of Transpor3 tation having jurisdiction over other modes of transpor4 tation are required to submit their budgets to the Sec5 retary of Transportation, the Administration shall submit

6 to the Secretary the budget prepared by the Administra7 tion and approved by the Board. The Secretary shall re8 view the budget and may recommend to the Administra9 tion modifications in the budget necessary to ensure that

10 the budget is consistent with the needs of the national

11 transportation system and the Secretary’s aviation respon12 sibilities. The Administration may modify the budget to

13 adopt any recommendation made by the Secretary.

14 ‘‘(c) SUBMISSION OF BUDGET TO CONGRESS.—

15 ‘‘(1) IN GENERAL.—When the Board submits

16 to the President or the Director of the Office of

17 Management and Budget any budget information,

18 legislative recommendation, or comment on legisla19 tion about amounts authorized in section 48101 or

20 section 48102, the Board concurrently shall submit

21 a copy of the information, recommendation, or com22 ment to the Speaker of the House of Representa23 tives, the Committees on Transportation and Infra24 structure and Appropriations of the House of Rep25 resentatives, the President of the Senate, and the
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1 Committees on Commerce, Science, and Transpor2 tation and Appropriations of the Senate.

3 ‘‘(2) SPECIAL RULE WITH RESPECT TO ANNUAL

4 BUDGETS.—The annual budget of the Administra5 tion submitted to Congress shall include—

6 ‘‘(A) budget requests and Airport and Air7 way Trust Fund estimates for the ensuing 4

8 fiscal years;

9 ‘‘(B) a numerical ranking, by degree of im10 portance to the national airspace system, of the

11 Administration’s requests for funding of air

12 traffic control modernization projects under sec13 tion 48101;

14 ‘‘(C) the total number of man-years of di15 rect effort the Administration estimates it will

16 use under support service contracts (including

17 professional, technical, engineering, site prepa18 ration, and installation and other services com19 parable to those performed by Government em20 ployees, but not including maintenance as part

21 of a supply contract, janitorial, research and

22 development, or construction services or services

23 incidental to supply contracts) during the fiscal

24 year for which the budget is being submitted;
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1 ‘‘(D) any modifications made by the Ad2 ministration under subsection (b) with respect

3 to the budget; and

4 ‘‘(E) if the Administration does not adopt

5 a recommendation made by the Secretary under

6 subsection (b), a description of the rec7 ommendation and the reasons for not adopting

8 the recommendation.

9 Subparagraph (C) shall take effect with the budget

10 submission for fiscal year 1997. The estimate under

11 subparagraph (C) for such budget submission shall

12 include for comparison the estimated total number

13 of man-years of direct effort the Administration

14 used under such support service contracts in each of

15 fiscal years 1992 and 1995.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 chapter 481 is amended by striking the item relating to

18 section 48109 and inserting the following:

‘‘48109. Budget information and legislation recommendations and comments.’’.

19 SEC. 5. COST-BENEFIT ANALYSIS FOR MINIMUM SAFETY

20 STANDARDS.

21 Section 44701 is amended by adding at the end the

22 following:

23 ‘‘(f) COST-BENEFIT ANALYSIS.—

24 ‘‘(1) IN GENERAL.—For any regulation or

25 standard to be issued under subsection (a) or (b)
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1 that is likely to result in annualized compliance costs

2 in excess of $25,000,000, the Administration shall,

3 in addition to other requirements in law, identify

4 and publish together with such regulation or stand5 ard the following:

6 ‘‘(A) The benefits of the regulation or

7 standard, quantified where appropriate and fea8 sible, and otherwise qualitatively described, in9 cluding in appropriate cases, the nature and

10 number of deaths or injuries that the regulation

11 or standard is designed to prevent.

12 ‘‘(B) The approximate number of aircraft,

13 airports, airmen, or cabin crew affected by the

14 regulation or standard.

15 ‘‘(C) The probable cost of fulfilling the re16 quirements of the regulation or standard, quan17 tified where appropriate and feasible, and other18 wise qualitatively described, including in appro19 priate cases any adverse effects on competition

20 or disruption or dislocation of air service or

21 other commercial practices engaged in by the

22 entities affected by such requirements.

23 ‘‘(D) Alternative means of achieving the

24 objective of the regulation or standard while

25 minimizing the costs, adverse effects on com-
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1 petition, and the disruption or dislocation of air

2 service or the commercial practices affected by

3 the regulation or standard and a statement as

4 to why the Administration chose the regulation

5 or standard adopted in preference to the alter6 natives considered.

7 ‘‘(2) EMERGENCY.—In the case of an emer8 gency, the Chief Executive Officer or the Board may

9 suspend the application of this subsection for the

10 duration of the emergency.

11 ‘‘(3) NONAPPLICABILITY TO ADVISORY CIRCU12 LARS.—This subsection shall not apply to advisory

13 circulars.’’.

14 SEC. 6. BUDGETARY TREATMENT OF TRUST FUND.

15 (a) IN GENERAL.—Chapter 481 is amended by add16 ing at the end the following:

17 ‘‘§ 48111. Budgetary treatment of airport and airway

18 trust fund

19 ‘‘The receipts and disbursements of the Airport and

20 Airway Trust Fund established by section 9502 of the In21 ternal Revenue Code of 1986 (26 U.S.C. 9502)—

22 ‘‘(1) shall not be included in the totals of—

23 ‘‘(A) the budget of the United States Gov24 ernment as submitted by the President, or
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1 ‘‘(B) the congressional budget (including

2 allocations of budget authority and outlays pro3 vided therein),

4 ‘‘(2) shall be exempt from any general budget

5 limitation imposed by statute on expenditures and

6 net lending (budget outlays) of the United States

7 Government, and

8 ‘‘(3) shall be exempt from any order issued

9 under part C of the Balanced Budget and Emer10 gency Deficit Control Act of 1985.

11 ‘‘§ 48112. Safeguards against deficit spending

12 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR13 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

14 March 31 of each year, the Federal Aviation Administra15 tion, in consultation with the Secretary of the Treasury,

16 shall estimate—

17 ‘‘(1) the amount which would (but for this sec18 tion) be the unfunded aviation authorizations at the

19 close of the first fiscal year that begins after that

20 March 31, and

21 ‘‘(2) the net aviation receipts at the close of

22 such fiscal year.

23 ‘‘(b) PROCEDURE OF EXCESS UNFUNDED AVIATION

24 AUTHORIZATIONS.—If the Administration determines for

25 any fiscal year that the amount described in subsection
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1 (a)(1) exceeds the amount described in subsection (a)(2),

2 the Board shall determine the amount of such excess.

3 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN4 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—

5 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

6 Administration determines that there is an excess

7 referred to in subsection (b) for a fiscal year, the

8 Administration shall determine the percentage

9 which—

10 ‘‘(A) such excess, is of

11 ‘‘(B) the total of the amounts authorized

12 to be appropriated from the Airport and Airway

13 Trust Fund established by section 9502 of the

14 Internal Revenue Code of 1986 (26 U.S.C.

15 9502) for the next fiscal year.

16 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If

17 the Administration determines a percentage under

18 paragraph (1), each amount authorized to be appro19 priated from the Airport and Airway Trust Fund for

20 the next fiscal year shall be reduced by such percent21 age.

22 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH23 HELD.—

24 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

25 after a reduction has been made under subsection
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1 (c)(2), the Administration determines that the

2 amount described in subsection (a)(1) does not ex3 ceed the amount described in subsection (a)(2) or

4 that the excess referred to in subsection (b) is less

5 than the amount previously determined, each

6 amount authorized to be appropriated that was re7 duced under subsection (c)(2) shall be increased, by

8 an equal percentage, to the extent the Administra9 tion determines that it may be so increased without

10 causing the amount described in subsection (a)(1) to

11 exceed the amount described in subsection (a)(2)

12 (but not by more than the amount of the reduction).

13 ‘‘(2) APPORTIONMENT.—The Administration

14 shall apportion amounts made available for appor15 tionment by paragraph (1).

16 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap17 portioned under paragraph (2) shall remain available

18 for the period for which they would be available if

19 such apportionment took effect with the fiscal year

20 in which they are apportioned under paragraph (2).

21 ‘‘(e) REPORTS.—Any estimate under subsection (a)

22 and any determination under subsection (b), (c), or (d)

23 shall be reported by the Administration to Congress.

24 ‘‘(f) DEFINITIONS.—In this section, the following

25 definitions apply:
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1 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

2 aviation receipts’ means, with respect to any period,

3 the excess of—

4 ‘‘(A) the receipts (including interest) of the

5 Airport and Airway Trust Fund during such

6 period, over

7 ‘‘(B) the amounts to be transferred during

8 such period from the Airport and Airway Trust

9 Fund under section 9502(d) of the Internal

10 Revenue Code of 1986 (other than paragraph

11 (1) thereof).

12 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

13 The term ‘unfunded aviation authorization’ means,

14 at any time, the excess (if any) of—

15 ‘‘(A) the total amount authorized to be ap16 propriated from the Airport and Airway Trust

17 Fund which has not been appropriated, over

18 ‘‘(B) the amount available in the Airport

19 and Airway Trust Fund at such time to make

20 such appropriation (after all other unliquidated

21 obligations at such time which are payable from

22 the Airport and Airway Trust Fund have been

23 liquidated).’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 481 of title 49, United States Code, is amended

3 by adding at the end the following:

‘‘48111. Budgetary treatment of Airport and Airway Trust Fund.

‘‘48112. Safeguards against deficit spending.’’.

4 (c) APPLICABILITY.—This section (including the

5 amendments made by this section) shall apply to fiscal

6 years beginning after September 30, 1995.

7 SEC. 7. AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.

8 Section 11 of the Inspector General Act of 1978 (5

9 U.S.C. App.) is amended—

10 (1) in paragraph (1) by striking ‘‘or Small

11 Business,’’ and inserting ‘‘Small Business, Federal

12 Aviation Administration,’’; and

13 (2) in paragraph (2) by inserting ‘‘the Federal

14 Aviation Administration,’’ after ‘‘United States In15 formation Agency,’’.

16 SEC. 8. PASSENGER FACILITY CHARGES.

17 (a) FEE RETAINED BY AIRLINES.—

18 (1) DEADLINE FOR RESPONSE TO PETITION.—

19 Not later than 75 days after the date of the enact20 ment of this Act, the Administrator of the Federal

21 Aviation Administration shall issue a notice of a pro22 posed rulemaking or a denial of the petition in

23 Docket 27791 of the Federal Aviation Administra-
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1 tion (relating to increasing the fee that airlines re2 tain in collecting passenger facility charges).

3 (2) EFFECT OF FAILURE TO RESPOND.—If the

4 Administrator does not respond to the petition in

5 the docket referred to in paragraph (1) as required

6 by paragraph (1), the fee increase sought by the pe7 titioner in such docket shall become effective after

8 the 75th day referred to in paragraph (1) until such

9 date as the Administrator responds to such petition.

10 (b) REVIEW OF PROGRAM.—The Secretary of Trans11 portation shall complete the review required by section

12 121 of the Federal Aviation Administration Reauthoriza13 tion Act of 1994 (108 Stat. 1581) not later than the 75th

14 day following the date of the enactment of this Act.

15 SEC. 9. SELECT PANEL TO REVIEW INNOVATIVE FUNDING

16 MECHANISMS.

17 (a) ESTABLISHMENT.—The Federal Aviation Board

18 shall establish a select panel to review and report to Con19 gress regarding innovative financing mechanisms for en20 suring adequate funding for existing and future aviation

21 infrastructure needs. The financing mechanisms to be re22 viewed shall include, but not be limited to, loan guaran23 tees, financial partnerships with for-profit private sector

24 entities, multi-year appropriations, revolving loan funds,
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1 mandatory spending authority, authority to borrow, and

2 restructured grant programs.

3 (b) APPOINTMENT OF MEMBERS.—Not later than 90

4 days after the date of the appointment of at least 2 mem5 bers of the Board, the Board shall appoint members to

6 the panel established under this section. Such members

7 shall consist of appropriate Federal Government officials

8 and representatives of the aviation industry, Administra9 tion employees, the financial community, and State and

10 local governments.

11 (c) TRAVEL AND PER DIEM.—Each member of the

12 panel established under this section shall be paid actual

13 travel expenses, and per diem in lieu of subsistence ex14 penses when away from his or her usual place of residence,

15 in accordance with section 5703 of title 5, United States

16 Code.

17 (d) APPLICABILITY OF FEDERAL ADVISORY COMMIT18 TEES ACT.—The select panel established under this sec19 tion shall be subject to the Federal Advisory Committee

20 Act (5 U.S.C. App.).

21 (e) REPORT.—Not later than 1 year after the date

22 of the appointment of the last member to the panel under

23 subsection (b), the panel shall submit to Congress and the

24 Federal Aviation Administration a report on the results

25 of the review conducted under this section.
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1 SEC. 10. TRANSFER OF PERSONNEL, PROPERTY, RECORDS,

2 AND FUNDS.

3 So much of the personnel, property, records, funds,

4 accounts, and unexpended balances of appropriations, allo5 cations, and other funds of the Department of Transpor6 tation and the Federal Aviation Administration as are em7 ployed, used, held, available, or to be made available, in

8 connection with the functions which under this Act (in9 cluding the amendments made by this Act) are made func10 tions of the Federal Aviation Administration established

11 by section 1311 of title 49, United States Code, are trans12 ferred to the Federal Aviation Administration.

13 SEC. 11. SAVINGS PROVISIONS.

14 (a) ORDERS, REGULATIONS, CONTRACTS, AND CER15 TIFICATES.—All orders, determinations, rules, regula16 tions, permits, contracts, certificates, licenses, and privi17 leges—

18 (1) which have been issued, made, granted, or

19 allowed to become effective by the President or any

20 Federal department or agency or official thereof or

21 by a court of competent jurisdiction, on or after the

22 effective date of this section in regard to functions

23 which under this Act (including the amendments

24 made by this Act) are made functions of the Federal

25 Aviation Administration established by section 1311

26 of title 49, United States Code; and
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1 (2) which are in effect on the effective date of

2 this section,

3 shall continue in effect according to their terms until

4 modified, terminated, superseded, set aside, or revoked in

5 accordance with law by the President, the Federal Avia6 tion Board, or other authorized officials, by a court of

7 competent jurisdiction, or by operation of law.

8 (b) PROCEEDINGS AND APPLICATIONS.—The provi9 sions of this Act (including the amendments made by this

10 Act) shall not affect any proceedings or any application

11 for any license, permit, certificate, or financial assistance

12 pending on the effective date of this section, and such pro13 ceedings and applications, to the extent that they relate

14 to functions under this Act that are made functions of

15 the Administration, shall be continued. Orders shall be is16 sued in such proceedings, appeals shall be taken there17 from, and payments shall be made pursuant to such or18 ders, as if this Act had not been enacted; and orders is19 sued in any such proceedings shall continue in effect until

20 modified, terminated, superseded, or revoked by a duly au21 thorized official, by a court of competent jurisdiction, or

22 by operation of law. Nothing in this subsection shall be

23 deemed to prohibit the discontinuance or modification of

24 any such proceeding under the same terms and conditions
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1 and to the extent that such proceeding could have been

2 discontinued or modified if this Act had not been enacted.

3 (c) SUITS.—

4 (1) EFFECT ON PENDING SUITS.—The provi5 sions of this Act (including the amendments made

6 by this Act) shall not affect suits commenced prior

7 to the effective date of this section.

8 (2) PROCEDURES.—In all suits commenced

9 prior to the effective date of this section, proceedings

10 shall be had, appeals taken, and judgments rendered

11 in the same manner and effect as if this Act had not

12 been enacted.

13 (d) ADMINISTRATOR.—If the Chief Executive Officer

14 of the Federal Aviation Administration is not appointed

15 by the Federal Aviation Board on the effective date of this

16 section, the person serving as the Administrator of the

17 Federal Aviation Administration on the day before such

18 effective date shall act as the Chief Executive Officer until

19 the Chief Executive Officer is appointed as provided in

20 section 1313 of title 49, United States Code. While so act21 ing, such person shall receive compensation at the rate

22 such person was receiving on the day before such effective

23 date.

24 (e) AGREEMENTS WITH DEPARTMENT OF DE25 FENSE.—Any agreement between the Federal Aviation
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1 Administration and the Department of Defense in effect

2 on the day before the date of the enactment of this Act

3 shall remain in effect until terminated in accordance with

4 the terms of such agreement.

5 SEC. 12. LAWS AND REGULATIONS.

6 Except to the extent otherwise provided in this Act

7 (including the amendments made by this Act), all laws,

8 rules, and regulations in effect and applicable to the Fed9 eral Aviation Administration of the Department of Trans10 portation and to the Administrator of such Administration

11 on the day before the effective date of this Act shall, on

12 and after such effective date, be applicable to the Federal

13 Aviation Administration and the Federal Aviation Board

14 established by this Act (including the amendments made

15 by this Act), until such law, rule, or regulation is repealed

16 or otherwise modified or amended.

17 SEC. 13. TERMINATION OF FAA OF DOT.

18 The Federal Aviation Administration of the Depart19 ment of Transportation is terminated.

20 SEC. 14. CORRESPONDING REDUCTIONS IN OFFICE OF SEC21 RETARY.

22 The Secretary of Transportation shall terminate 200

23 employee positions in the Office of the Secretary to reflect

24 reductions in the aviation responsibilities in the Office of

25 the Secretary by enactment of this Act.
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1 SEC. 15. CONFORMING AMENDMENTS.

2 (a) FEDERAL AVIATION ADMINISTRATION IN

3 DOT.—

4 (1) IN GENERAL.—Subject to paragraph (2),

5 subsections (a) through (j) of section 106 are re6 pealed.

7 (2) TECHNICAL ADJUSTMENTS.—

8 (A) IN GENERAL.—Subchapter II of chap9 ter 13 (as inserted by section 3 of this Act) is

10 amended—

11 (i) by adding at the end the following

12 new section heading:

13 ‘‘§ 1317. Civil Aeromedical Institute’’; and

14 (ii) by inserting the text of section

15 106(j) as an undesignated paragraph

16 under such section heading.

17 (B) CHAPTER ANALYSIS AMENDMENT.—

18 The analysis for such chapter is amended by

19 adding after the item relating to section 1316

20 the following:

‘‘1317. Civil Aeromedical Institute.’’.

21 (3) AUTHORIZATION OF APPROPRIATIONS FOR

22 FAA OPERATIONS.—

23 (A) FISCAL YEAR 1996.—Section 106(k) is

24 amended by—
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1 (i) striking ‘‘(k) AUTHORIZATION OF

2 APPROPRIATIONS FOR OPERATIONS.—’’;

3 and

4 (ii) by striking ‘‘Secretary of Trans5 portation’’ and inserting ‘‘Federal Aviation

6 Administration’’.

7 (B) CONFORMING AMENDMENT.—Effective

8 September 30, 1996, section 106, as amended

9 by this subsection, and the item relating to sec10 tion 106 in the analysis for chapter 1 are re11 pealed.

12 (b) GENERAL DUTIES AND POWERS OF THE DE13 PARTMENT OF TRANSPORTATION.—

14 (1) POLICY ON LANDS, WILDLIFE AND WATER15 FOWL REFUGES, AND HISTORIC SITES.—Section 303

16 is amended—

17 (A) in subsection (b) by inserting ‘‘and the

18 Federal Aviation Administration’’ after ‘‘of

19 Transportation’’; and

20 (B) in subsection (c) by inserting ‘‘and Ad21 ministration’’ after ‘‘Secretary’’.

22 (2) REPORTS.—Section 308(b) is amended by

23 striking ‘‘Secretary’’ each place it appears and in24 serting ‘‘Federal Aviation Board’’.
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1 (3) MEMBERS OF THE ARMED FORCES.—Sec2 tion 324 is amended—

3 (A) by striking subsection (a) and insert4 ing the following:

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) FAA.—The Federal Aviation Administra7 tion, to ensure that national defense interests are

8 safeguarded properly and that the Administration is

9 advised properly about the needs and special prob10 lems of the armed forces, shall provide for participa11 tion of members of the armed forces in carrying out

12 the duties and powers of the Administration related

13 to the regulation and protection of air traffic, includ14 ing providing for, and research and development of,

15 air navigation facilities, and the allocation of air16 space.

17 ‘‘(2) SECRETARY OF TRANSPORTATION.—The

18 Secretary of Transportation may provide for partici19 pation of members of the armed forces in carrying

20 out other duties and powers of the Secretary.’’; and

21 (B) in subsection (d) by inserting after

22 ‘‘Transportation’’ each place it appears the fol23 lowing: ‘‘or Federal Aviation Administration’’.

24 (4) JUDICIAL REVIEW.—Section 351(a) is

25 amended—
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1 (A) by striking ‘‘An’’ and inserting ‘‘Sub2 ject to section 1351, an’’; and

3 (B) by striking ‘‘, the Federal Highway

4 Administration, or the Federal Aviation Admin5 istration’’ and inserting ‘‘or the Federal High6 way Administration’’.

7 (5) AUTHORITY TO CARRY OUT CERTAIN

8 TRANSFERRED DUTIES AND POWERS.—Section 352

9 is amended by striking ‘‘, the Federal Highway Ad10 ministration, and the Federal Aviation Administra11 tion’’ and inserting ‘‘and the Federal Highway Ad12 ministration’’.

13 (6) TOXICOLOGICAL TESTING.—Section 353(a)

14 is amended—

15 (A) by inserting before ‘‘conducts’’ the fol16 lowing: ‘‘or the Federal Aviation Administra17 tion’’;

18 (B) by inserting after ‘‘Department’’ the

19 second place it appears ‘‘or Administration’’;

20 and

21 (C) by inserting before ‘‘shall’’ each place

22 it appears ‘‘or the Chief Executive Officer of

23 the Administration’’.

24 (c) FUNCTIONS OF FAA.—
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1 (1) NATIONAL TRANSPORTATION SAFETY

2 BOARD.—

3 (A) DISCLOSURE OF DRUG TEST INFORMA4 TION TO NTSB.—Section 1114(d)(1) is amend5 ed—

6 (i) by inserting before ‘‘shall’’ the fol7 lowing: ‘‘and the Federal Aviation Admin8 istration’’;

9 (ii) in clause (A) by inserting before

10 ‘‘under post-accident’’ the following: ‘‘or

11 the Administration’’; and

12 (iii) in clause (A) by inserting before

13 ‘‘, when’’ the following: ‘‘or the Adminis14 tration’’.

15 (B) INVESTIGATION OF CERTAIN ACCI16 DENTS.—Section 1131(c)(1) is amended by in17 serting ‘‘or the Federal Aviation Administra18 tion, as the case may be,’’ after ‘‘Transpor19 tation’’.

20 (C) CIVIL AIRCRAFT ACCIDENT INVESTIGA21 TIONS.—Section 1132 is amended—

22 (i) in the heading to subsection (c) by

23 striking ‘‘SECRETARY’’ and inserting

24 ‘‘FEDERAL AVIATION ADMINISTRATION’’;
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1 (ii) in subsection (c) by striking ‘‘Sec2 retary of Transportation’’ and inserting

3 ‘‘the Federal Aviation Administration’’;

4 (iii) in subsection (c) by striking ‘‘Sec5 retary’’ the 2nd place it appears and in6 serting ‘‘Administration’’; and

7 (iv) in subsection (d) by striking ‘‘Sec8 retary’’ each place it appears and inserting

9 ‘‘Administration’’.

10 (D) REVIEW OF OTHER AGENCY ACTION.—

11 Section 1133(1) is amended by striking ‘‘Sec12 retary of Transportation’’ and inserting ‘‘Fed13 eral Aviation Administration’’.

14 (E) RESPONSES TO SAFETY RECOMMENDA15 TIONS.—Section 1135 is amended—

16 (i) by striking the section heading and

17 inserting the following:

18 ‘‘§ 1135. DOT’s and FAA’s responses to safety rec19 ommendations’’;

20 (ii) in subsection (a) by inserting after

21 ‘‘Secretary of Transportation’’ the follow22 ing: ‘‘or the Federal Aviation Administra23 tion’’;
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1 (iii) in subsection (a) by inserting be2 fore ‘‘shall give’’ the following: ‘‘or the Ad3 ministration’’;

4 (iv) in subsection (d) by inserting be5 fore ‘‘shall submit’’ the following: ‘‘and the

6 Administration’’;

7 (v) in subsection (d) by inserting be8 fore ‘‘during’’ the following: ‘‘or Adminis9 tration’’; and

10 (vi) in subsection (d) by inserting

11 after ‘‘Secretary’s’’ the following: ‘‘or Ad12 ministration’s’’.

13 (F) JUDICIAL REVIEW.—Section 1153(c) is

14 amended—

15 (i) in the subsection heading by strik16 ing ‘‘ADMINISTRATOR’’ and inserting ‘‘AD17 MINISTRATION’’;

18 (ii) by striking ‘‘Administrator of’’;

19 and

20 (iii) by striking ‘‘Administrator’’ the

21 second and third places it appears and in22 serting ‘‘Administration’’.

23 (G) CONFORMING AMENDMENT.—The

24 analysis to chapter 11 is amended by striking
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1 the item relating to section 1135 and inserting

2 the following:

‘‘1135. DOT’s and FAA’s responses to safety recommendations.’’.

3 (2) INTERMODAL TRANSPORTATION ADVISORY

4 BOARD.—Section 5502(b) is amended to read as fol5 lows:

6 ‘‘(b) MEMBERSHIP.—The Board consists of—

7 ‘‘(1) the Secretary, who serves as chairman;

8 ‘‘(2) the Chief Executive Officer of the Federal

9 Aviation Administration or the Chief Executive Offi10 cer’s designee; and

11 ‘‘(3) the Administrator, or the Administrator’s

12 designee, of—

13 ‘‘(A) the Federal Highway Administration;

14 ‘‘(B) the Maritime Administration;

15 ‘‘(C) the Federal Railroad Administration;

16 and

17 ‘‘(D) the Federal Transit Administra18 tion.’’.

19 (3) GENERAL PROVISIONS RELATING TO AIR

20 COMMERCE AND SAFETY.—

21 (A) POLICY.—Section 40101 is amended—

22 (i) in subsection (a) by inserting after

23 ‘‘Secretary of Transportation’’ the follow24 ing: ‘‘and the Federal Aviation Administra25 tion’’;
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1 (ii) in subsection (c) by striking ‘‘Ad2 ministrator of the’’; and

3 (iii) in subsection (d) by striking ‘‘Ad4 ministrator’’ and inserting ‘‘Administra5 tion’’.

6 (B) DEFINITIONS.—Section 40102(a) is

7 amended—

8 (i) in paragraphs (8)(B) and (37) by

9 striking ‘‘the Administrator of’’; and

10 (ii) in paragraph (20) by striking

11 ‘‘Administrator’’ and inserting ‘‘Federal

12 Aviation Administration’’.

13 (C) SOVEREIGNTY AND USE OF AIR

14 SPACE.—Section 40103(b) is amended—

15 (i) by striking ‘‘Administrator of the’’;

16 and

17 (ii) by striking ‘‘Administrator’’ each

18 place it appears after the first and insert19 ing ‘‘Administration’’.

20 (D) PROMOTION OF CIVIL AERONAUTICS

21 AND AIR COMMERCE.—Section 40104 is amend22 ed—

23 (i) in subsection (a) by striking ‘‘Ad24 ministrator of the’’;
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1 (ii) in subsection (a) by striking ‘‘Ad2 ministrator’’ each place it appears after

3 the first and inserting ‘‘Administration’’;

4 and

5 (iii) in subsection (b) by striking

6 ‘‘Secretary of Transportation’’ and insert7 ing ‘‘Administration’’.

8 (E) INTERNATIONAL NEGOTIATIONS,

9 AGREEMENTS, AND OBLIGATIONS.—Section

10 40105 is amended—

11 (i) in subsection (a) by striking ‘‘Ad12 ministrator of the’’;

13 (ii) in the heading to subsection (b) by

14 striking ‘‘ADMINISTRATOR’’ and inserting

15 ‘‘ADMINISTRATION’’;

16 (iii) in subsection (b)(1) by striking

17 ‘‘Administrator’’ and inserting ‘‘Adminis18 tration’’; and

19 (iv) in subsection (c)(1) by inserting

20 before the semicolon ‘‘and the Federal

21 Aviation Administration’’.

22 (F) EMERGENCY POWERS.—Section

23 40106(a) is amended—

24 (i) in paragraph (1) by striking ‘‘Ad25 ministrator of the’’; and
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1 (ii) in paragraph (2) by striking ‘‘Ad2 ministrator’’ and inserting ‘‘Administra3 tion’’.

4 (G) PRESIDENTIAL TRANSFERS.—Section

5 40107 is amended—

6 (i) in subsection (a) by striking ‘‘Ad7 ministrator of the’’; and

8 (ii) by striking ‘‘Administrator’’ each

9 place it appears after the first and insert10 ing ‘‘Administration’’.

11 (H) TRAINING SCHOOLS.—Section 40108

12 is amended—

13 (i) in subsection (a) by striking ‘‘Ad14 ministrator of the’’; and

15 (ii) by striking ‘‘Administrator’’ each

16 place it appears after the first and insert17 ing ‘‘Administration’’.

18 (I) AUTHORITY TO EXEMPT.—Section

19 40109(b) is amended—

20 (i) by striking ‘‘Administrator of the’’;

21 and

22 (ii) by striking ‘‘Administrator’’ the

23 second place it appears and inserting ‘‘Ad24 ministration’’.
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1 (J) GENERAL PROCUREMENT AUTHOR2 ITY.—Section 40110 is amended—

3 (i) in subsection (a) by striking ‘‘Ad4 ministrator of the’’;

5 (ii) in subsection (a)(1) by striking

6 ‘‘Administrator’’ and inserting ‘‘Adminis7 tration’’;

8 (iii) in subsection (b) by striking ‘‘Ad9 ministrator of’’ the first place it appears

10 and inserting ‘‘Chief Executive Officer’’;

11 (iv) in subsection (b)(2)(E) by strik12 ing ‘‘Administrator of the’’; and

13 (v) in subsection (b)(2)(E) by striking

14 ‘‘Administrator;’’ and inserting ‘‘Adminis15 tration;’’.

16 (K) MULTIYEAR PROCUREMENT CON17 TRACTS FOR SERVICES AND RELATED ITEMS.—

18 Section 40111 is amended—

19 (i) in subsection (a) by striking ‘‘Ad20 ministrator of the’’; and

21 (ii) in subsections (b) and (c) by strik22 ing ‘‘Administrator’’ each place it appears

23 and inserting ‘‘Administration’’.
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1 (L) MULTIYEAR PROCUREMENT CON2 TRACTS FOR PROPERTY.—Section 40112 is

3 amended—

4 (i) in subsection (a) by striking ‘‘Ad5 ministrator of the’’;

6 (ii) in subsections (b), (c), and (e)(2)

7 by striking ‘‘Administrator’’ each place it

8 appears and inserting ‘‘Administration’’;

9 and

10 (iii) by adding at the end the follow11 ing:

12 ‘‘(g) LIMITATION.—This section and section 40111

13 shall not be effective to the extent they are inconsistent

14 with the acquisition management system being imple15 mented under section 1334.’’.

16 (M) ADMINISTRATIVE.—Section 40113 is

17 amended—

18 (i) in subsections (a) and (c) by strik19 ing ‘‘(or the Administrator of’’ and insert20 ing ‘‘and’’;

21 (ii) in subsections (a) and (c) by strik22 ing ‘‘Administrator)’’ and inserting ‘‘Ad23 ministration’’;
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1 (iii) in subsection (a) by striking ‘‘Ad2 ministrator’’ the last place it appears and

3 inserting ‘‘Administration’’;

4 (iv) in subsection (b) by striking

5 ‘‘has’’ each place it appears and inserting

6 ‘‘and the Administration have’’;

7 (v) in subsection (c) by striking ‘‘Ad8 ministrator of the’’ the last place it ap9 pears;

10 (vi) in subsection (d) by striking ‘‘Ad11 ministrator of the’’;

12 (vii) in subsection (d) by striking

13 ‘‘Administrator’’ the last place it appears

14 and inserting ‘‘Administration’’;

15 (viii) in subsection (e) by striking

16 ‘‘Administrator’’ each place it appears and

17 inserting ‘‘Administration’’; and

18 (ix) by adding at the end the follow19 ing:

20 ‘‘(f) EXEMPTIONS.—

21 ‘‘(1) FAA REVIEW OF REGULATIONS.—Prior to

22 issuing any regulation or granting any exemption to

23 a regulation issued under this chapter that affects

24 the transportation of hazardous materials by air, the

25 Secretary shall provide the Administration an oppor-
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1 tunity for review, and the Administration may dis2 approve such action if the Administration deter3 mines that there would be an adverse effect on avia4 tion safety.

5 ‘‘(2) PROPOSED CHANGES.—The Administra6 tion may, in the interest of aviation safety, propose

7 to the Secretary regulatory changes affecting the

8 transportation of hazardous materials by air.

9 ‘‘(3) ENFORCEMENT.—Enforcement actions for

10 violations of this chapter or of any regulations is11 sued under this chapter that affect the transpor12 tation of hazardous materials by air shall be brought

13 by the Administration.’’.

14 (N) REPORTS AND RECORDS.—Section

15 40114 is amended—

16 (i) in subsection (a)(1) by striking

17 ‘‘(or the Administrator of’’ and inserting

18 ‘‘and’’;

19 (ii) in subsection (a)(1) by striking

20 ‘‘Administrator)’’ and inserting ‘‘Adminis21 tration’’;

22 (iii) in subsection (a)(1) by striking

23 ‘‘Administrator’’ the last place it appears

24 and inserting ‘‘Administration’’;
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1 (iv) in subsection (a)(2) by striking

2 ‘‘(or the Administrator’’ and inserting

3 ‘‘and the Administration’’;

4 (v) in subsection (a)(2) by striking

5 ‘‘Administrator)’’ and inserting ‘‘Adminis6 tration’’; and

7 (vi) in subsection (a)(2) by striking

8 ‘‘Administrator’’ the last 2 places it ap9 pears and inserting ‘‘Administration’’.

10 (O) WITHHOLDING INFORMATION.—Sec11 tion 40115(a) is amended by inserting after

12 ‘‘Secretary of Transportation’’ each place it ap13 pears the following: ‘‘or Federal Aviation Ad14 ministration’’.

15 (P) PASSENGER FACILITY FEES.—Section

16 40117 is amended—

17 (i) in subsection (b)(1) by striking

18 ‘‘Secretary of Transportation’’ and insert19 ing ‘‘Federal Aviation Administration’’;

20 and

21 (ii) in subsections (c) through (i) by

22 striking ‘‘Secretary’’ each place it appears

23 and inserting ‘‘Administration’’.
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1 (Q) SECURITY AND RESEARCH AND DE2 VELOPMENT ACTIVITIES.—Section 40119 is

3 amended—

4 (i) in subsection (a) by striking ‘‘Ad5 ministrator of the’’; and

6 (ii) in subsections (b) and (c) by strik7 ing ‘‘Administrator’’ each place it appears

8 and inserting ‘‘Administration’’.

9 (4) NAVIGATION OF FOREIGN CIVIL AIR10 CRAFT.—Section 41703 is amended—

11 (A) in subsection (a)(3) by inserting ‘‘,

12 after consultation with the Federal Aviation Ad13 ministration,’’ after ‘‘Secretary of Transpor14 tation’’; and

15 (B) in subsection (b) by inserting ‘‘, after

16 consultation with the Federal Aviation Adminis17 tration,’’ after ‘‘Secretary’’ the 2nd place it ap18 pears.

19 (5) SLOTS.—Section 41714 is amended—

20 (A) in subsection (a)(1) by striking ‘‘Sec21 retary of Transportation’’ and inserting ‘‘Fed22 eral Aviation Administration’’;

23 (B) in subsections (a)(2), (a)(3), (a)(4),

24 (b)(1), (b)(2), (c), (d), (f), and (g) by striking
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1 ‘‘Secretary’’ each place it appears and inserting

2 ‘‘Administration’’;

3 (C) in subsection (b)(3) by striking ‘‘Sec4 retary’’ the first place it appears and inserting

5 ‘‘Administration’’;

6 (D) in subsection (b)(3) by inserting after

7 ‘‘Secretary’’ the second place it appears the fol8 lowing: ‘‘of Transportation’’;

9 (E) in subsection (h)(2) by striking ‘‘Ad10 ministrator’’ and inserting ‘‘Administration’’;

11 and

12 (F) by adding at the end the following:

13 ‘‘(i) CONSULTATION WITH DOT.—In making deter14 minations with respect to essential air service, exceptional

15 circumstances, and the public interest, the Administration

16 shall consult with the Secretary of Transportation.’’.

17 (6) REGISTRATION AND RECORDATION OF AIR18 CRAFT.—Chapter 441 (other than section 44109) is

19 amended—

20 (A) by striking ‘‘Administrator of the’’

21 each place it appears;

22 (B) by striking ‘‘Administrator’’ each place

23 it appears (other than a place to which sub24 paragraph (A) applies and the 3rd place it ap-
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1 pears in section 44111(d)) and inserting ‘‘Ad2 ministration’’; and

3 (C) in section 44102(b) by striking ‘‘Sec4 retary of Transportation’’ and inserting ‘‘Fed5 eral Aviation Administration’’.

6 (7) INSURANCE.—Chapter 443 is amended—

7 (A) by striking ‘‘Secretary of Transpor8 tation’’ each place it appears and inserting

9 ‘‘Federal Aviation Administration’’; and

10 (B) by striking ‘‘Secretary’’ each place it

11 appears (other than a place to which subpara12 graph (A) applies, the 2nd, 3rd, and 4th places

13 it appears in section 44305(b), the 1st place it

14 appears in section 44307(a)(1), the 2nd place it

15 appears in section 44307(b), and the 3rd place

16 it appears in section 44307(d)) and inserting

17 ‘‘Administration’’.

18 (8) FACILITIES, PERSONNEL, AND RE19 SEARCH.—Chapter 445 is amended—

20 (A) by striking ‘‘Administrator of the’’

21 each place it appears (other than the 1st place

22 it appears in section 44501(c)(2)(B), the last

23 place it appears in section 44502(c), and in sec24 tion 44507(3));
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1 (B) by striking ‘‘Administrator’’ each place

2 it appears (other than a place to which sub3 paragraph (A) applies, the 1st place it appears

4 in section 44501(c)(2)(B), the last place it ap5 pears in section 44502(c), and in section

6 44507(3)) and inserting ‘‘Administration’’;

7 (C) in section 44506(b) by striking ‘‘Ad8 ministrators of the Federal Aviation Adminis9 tration and’’ and inserting ‘‘Federal Aviation

10 Administration and the Administrator of the’’;

11 (D) in section 44506(c) by striking ‘‘De12 partment of Transportation’’ and inserting

13 ‘‘Administration’’;

14 (E) in section 44506(d) by striking ‘‘Pub15 lic Works and Transportation’’ and inserting

16 ‘‘Transportation and Infrastructure’’;

17 (F) in section 44507—

18 (i) by striking ‘‘106(j)’’ and inserting

19 ‘‘1317’’; and

20 (ii) by striking ‘‘the Administrator’’ in

21 paragraph (3) and inserting ‘‘the Federal

22 Aviation Board’’;

23 (G) in section 44514(b) by striking ‘‘Sec24 retary and the’’;
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1 (H) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears and inserting

3 ‘‘Federal Aviation Administration’’; and

4 (I) by striking ‘‘Secretary’’ each place it

5 appears (other than in sections 44502(c)(1) and

6 44505(a)(3) and a place to which subpara7 graphs (G) and (H) apply) and inserting ‘‘Ad8 ministration’’.

9 (9) SAFETY REGULATION.—Chapter 447 is

10 amended—

11 (A) by striking ‘‘Administrator of the’’

12 each place it appears (other than the 2nd place

13 it appears in section 44714, the 2nd place it

14 appears in section 44715(a)(2), the 1st, 4th,

15 7th, 9th, 10th, and 11th places it appears in

16 section 44715(c), the 1st and 3rd places it ap17 pears in section 44715(d)(1), the 2nd place it

18 appears in section 44715(d)(2), the 1st, 3rd,

19 and 5th places it appears in section 44715(e),

20 and the 2nd, 4th, and 6th places it appears in

21 section 44715(f));

22 (B) by striking ‘‘Administrator’’ each place

23 it appears (other than a place to which sub24 paragraph (A) applies, the 3rd place it appears

25 in section 44703(f)(2), the 3rd place it appears
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1 in section 44713(d)(2), the 2nd place it appears

2 in section 44714, the 2nd place it appears in

3 section 44715(a)(2), the 1st, 4th, 7th, 9th,

4 10th, and 11th places it appears in section

5 44715(c), the 1st and 3rd places it appears in

6 section 44715(d)(1), the 2nd place it appears in

7 section 44715(d)(2), the 1st, 3rd, and 5th

8 places it appears in section 44715(e), the 2nd,

9 4th, and 6th places it appears in section

10 44715(f), and in section 44720(b)(2)) and in11 serting ‘‘Administration’’;

12 (C) in section 44702(d)(3) by striking

13 ‘‘Administrator’s’’ and inserting ‘‘Administra14 tion’’;

15 (D) in the subsection heading to section

16 44709(b) by striking ‘‘ADMINISTRATOR’’ and

17 inserting ‘‘ADMINISTRATION’’;

18 (E) in section 44720(b)(2) by striking

19 ‘‘Administrator’’ each place it appears and in20 serting ‘‘Federal Aviation Administration’’;

21 (F) by striking ‘‘Secretary of Transpor22 tation’’ each place it appears (other than in sec23 tions 44712(b)(2) and 44723) and inserting

24 ‘‘Federal Aviation Administration’’;
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1 (G) in section 44723 by striking ‘‘Sec2 retary of Transportation’’ and inserting ‘‘Fed3 eral Aviation Board’’; and

4 (H) by striking ‘‘Secretary’’ each place it

5 appears (other than in sections 44712(b)(2)

6 and 44720 and a place to which subparagraphs

7 (F) and (G) apply) and inserting ‘‘Administra8 tion’’.

9 (10) SECURITY.—Chapter 449 is amended—

10 (A) by striking ‘‘Administrator of the’’

11 each place it appears;

12 (B) by striking ‘‘Administrator’’ each place

13 it appears (other than a place to which sub14 paragraph (A) applies, the 1st 2 places it ap15 pears in section 44932(a), the 1st place it ap16 pears in section 44932(b), the 1st place it ap17 pears in section 44932(c), the 5th place it ap18 pears in section 44933(a), and each place it ap19 pears in section 44934(b)) and inserting ‘‘Ad20 ministration’’;

21 (C) in section 44933(b)(4) by striking

22 ‘‘Administrator’s’’ and inserting ‘‘Administra23 tion’’;
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1 (D) by striking the heading for section

2 44932 and inserting ‘‘Civil aviation secu3 rity’’;

4 (E) by striking subsection (a) of section

5 44932 and redesignating subsections (b) and

6 (c) as subsections (a) and (b), respectively;

7 (F) in section 44932(a), as redesignated

8 by subparagraph (E), by striking ‘‘Assistant

9 Administrator’’ and inserting ‘‘Chief Executive

10 Officer of the Federal Aviation Administra11 tion’’;

12 (G) in section 44932(b), as redesignated

13 by subparagraph (E), by striking ‘‘Assistant

14 Administrator’’ and inserting ‘‘Administration’’;

15 (H) in sections 44933(a) and 44934(b) by

16 striking ‘‘Assistant Administrator for Civil

17 Aviation Security’’ and inserting ‘‘the Chief Ex18 ecutive Officer of the Administration’’;

19 (I) in section 44934(b)(1) by striking ‘‘As20 sistant Administrator’’ and inserting ‘‘Adminis21 tration’’;

22 (J) by striking ‘‘Secretary of Transpor23 tation’’ each place it appears (other than in sec24 tions 44903(b)(1), 44911(b), 44912(a)(3),
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1 44931, and 44938(a)) and inserting ‘‘Federal

2 Aviation Administration’’;

3 (K) by striking ‘‘Secretary’’ each place it

4 appears (other than a place to which subpara5 graph (J) applies, the 1st place it appears in

6 section 44903(d), in section 44903(b)(1), the

7 2nd place it appears in section 44907(b), the

8 3rd place it appears in section 44907(c), the

9 2nd place it appears in section 44907(d)(1)(C),

10 the 3rd place it appears in section

11 44907(d)(2)(A)(ii), the 2nd and 3rd places it

12 appears in section 44907(d)(2)(B), the 2nd

13 place it appears in section 44907(d)(4), the 2nd

14 place it appears in section 44907(e), the 4th

15 place it appears in section 44908(a), the 1st

16 place it appears in section 44908(b), the 2nd

17 place it appears in section 44909(a), and in sec18 tions 44910, 44911, 44912(a)(3), 44931,

19 44934, and 44938(a)) and inserting ‘‘Adminis20 tration’’;

21 (L) in section 44905(g) by striking ‘‘De22 partment of Transportation’’ and inserting

23 ‘‘Federal Aviation Administration’’; and
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1 (M) in the chapter analysis by striking the

2 item relating to section 44932 and inserting the

3 following:

‘‘44932. Civil aviation security.’’.

4 (11) ALCOHOL AND CONTROLLED SUBSTANCES

5 TESTING.—Chapter 451 is amended—

6 (A) by striking ‘‘Administrator of the’’

7 each place it appears; and

8 (B) by striking ‘‘Administrator’’ each place

9 it appears (other than a place to which sub10 paragraph (A) applies) and inserting ‘‘Adminis11 tration’’.

12 (12) FEES.—Chapter 453 is amended—

13 (A) by striking ‘‘Administrator of the’’

14 each place it appears;

15 (B) by striking ‘‘Administrator’’ each place

16 it appears (other than a place to which sub17 paragraph (A) applies) and inserting ‘‘Adminis18 tration’’; and

19 (C) in section 45301(a) by inserting after

20 ‘‘Secretary of Transportation’’ the following:

21 ‘‘and the Federal Aviation Administration, as

22 the case may be,’’.

23 (13) INVESTIGATIONS AND PROCEEDINGS.—

24 Chapter 461 is amended—
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1 (A) in sections 46101(a)(1), 46102(a),

2 46103(a)(1), 46104(a), 46105(a), 46106,

3 46107(b), and 46110(a)—

4 (i) by striking ‘‘(or the Administrator

5 of’’ and inserting ‘‘and’’; and

6 (ii) by striking ‘‘Administrator)’’ and

7 inserting ‘‘Administration’’;

8 (B) by striking ‘‘Administrator of the’’

9 each place it appears (other than a place to

10 which subparagraph (A)(i) applies); and

11 (C) by striking ‘‘Administrator’’ each place

12 it appears (other than a place to which sub13 paragraphs (A) and (B) apply) and inserting

14 ‘‘Administration’’.

15 (14) PENALTIES.—Chapter 463 is amended—

16 (A) in section 46301(c)—

17 (i) by inserting ‘‘by other than air’’

18 after ‘‘transportation’’ in paragraph

19 (1)(D);

20 (ii) by redesignating paragraph (2) as

21 paragraph (3);

22 (iii) by inserting after paragraph (1)

23 the following:

24 ‘‘(2) FAA NOTICE AND HEARING.—The Federal

25 Aviation Administration may impose a civil penalty
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1 for violations under subsection (a)(1) of this section

2 related to the transportation by air of hazardous

3 material only after notice and an opportunity for a

4 hearing.’’;

5 (iv) by inserting ‘‘or Administration,

6 as appropriate,’’ after ‘‘Secretary’’ in para7 graph (3), as so redesignated; and

8 (v) by striking ‘‘paragraph (1) of’’ in

9 such paragraph (3).

10 (B) in section 46301(d) by striking ‘‘Ad11 ministrator of the’’;

12 (C) in subsections (d) and (e) of section

13 46301—

14 (i) by striking ‘‘Administrator’’ each

15 place it appears (other than a place to

16 which subparagraph (A) applies) and in17 serting ‘‘Administration’’; and

18 (ii) by striking ‘‘Secretary’’ each place

19 it appears and inserting ‘‘Administration’’;

20 (D) in section 46301(f) by inserting ‘‘or

21 Administration, as the case may be,’’ after

22 ‘‘Secretary’’;

23 (E) in section 46301(g) by inserting ‘‘and

24 an order of the Administration’’ before ‘‘impos25 ing’’;
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1 (F) in section 46301(h)(2) by striking the

2 parenthetical phrase and inserting ‘‘or Adminis3 tration, as appropriate,’’;

4 (G) in section 46302(b) by striking ‘‘Sec5 retary of Transportation’’ and inserting ‘‘Fed6 eral Aviation Administration’’;

7 (H) in section 46303—

8 (i) by striking ‘‘Secretary of Trans9 portation’’ and inserting ‘‘Federal Aviation

10 Administration’’; and

11 (ii) by striking ‘‘Administrator of

12 the’’;

13 (I) in section 46304—

14 (i) by striking ‘‘Administrator of the’’;

15 and

16 (ii) by striking ‘‘Administrator’’ each

17 place it appears (other than a place to

18 which clause (i) applies) and inserting

19 ‘‘Administration’’;

20 (J) in section 46306 by striking ‘‘Adminis21 trator of the’’ each place it appears;

22 (K) in section 46308(2) by striking ‘‘Ad23 ministrator of the’’;

24 (L) in section 46311—
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1 (i) by striking ‘‘Administrator of the’’;

2 and

3 (ii) by striking ‘‘Administrator’’ each

4 place it appears (other than a place to

5 which clause (i) applies) and inserting

6 ‘‘Administration’’;

7 (M) in section 46313—

8 (i) by striking ‘‘Administrator of the’’;

9 and

10 (ii) by striking ‘‘Administrator’’ the

11 2nd place it appears and inserting ‘‘Ad12 ministration’’;

13 (N) in section 46315(b)(1) by striking

14 ‘‘Administrator of the’’; and

15 (O) in section 46316(a)—

16 (i) by striking ‘‘Administrator of the’’;

17 and

18 (ii) by striking ‘‘Administrator’’ the

19 2nd place it appears and inserting ‘‘Ad20 ministration’’.

21 (15) SPECIAL AIRCRAFT JURISDICTION OF

22 UNITED STATES.—Section 46505(d)(2) is amended

23 by striking ‘‘Administrator of the’’.

24 (16) AIRPORT DEVELOPMENT.—Chapter 471 is

25 amended—
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1 (A) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears (other than in sec3 tion 47102(1)(A) and inserting ‘‘Federal Avia4 tion Administration’’;

5 (B) by striking ‘‘Secretary’’ each place it

6 appears (other than a place to which subpara7 graph (A) applies, in sections 47101(h),

8 47102(1)(A), 47102(1)(B)(i), 47103(a),

9 47103(c), 47106(c)(2), 47107(j)(4), 47110(e),

10 and 47112(b), and the 2nd and 3rd places it

11 appears in section 47153(b)) and inserting

12 ‘‘Administration’’;

13 (C) in section 47106(c)(1)(B)(ii) by insert14 ing ‘‘of the Environmental Protection Agency’’

15 after ‘‘Administrator’’;

16 (D) in section 47106(c)(2) by striking

17 ‘‘Secretary’’ and inserting ‘‘Federal Aviation

18 Administration’’;

19 (E) in section 47106(c)(3) by striking

20 ‘‘Secretary’s’’ and inserting ‘‘Administration’s’’;

21 (F) in section 47107(k) by striking ‘‘Pub22 lic Works and Transportation’’ and inserting

23 ‘‘Transportation and Infrastructure’’;
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1 (G) in section 47110(e) by striking ‘‘Sec2 retary’’ each place it appears and inserting

3 ‘‘Federal Aviation Board’’;

4 (H) in the subsection heading for section

5 47129(a) by striking ‘‘SECRETARY’S’’ and in6 serting ‘‘ADMINISTRATION’S’’; and

7 (I) in section 47130 by striking ‘‘Adminis8 trator of the’’.

9 (17) INTERNATIONAL AIRPORT FACILITIES.—

10 Chapter 473 is amended—

11 (A) in section 47302—

12 (i) by striking ‘‘Secretary of Trans13 portation’’ in subsection (a)(1) and insert14 ing ‘‘Federal Aviation Administration’’;

15 and

16 (ii) by striking ‘‘Secretary of Trans17 portation or’’ in subsection (c) and insert18 ing ‘‘Federal Aviation Administration or

19 the Secretary’’;

20 (B) in section 47303—

21 (i) by striking ‘‘Secretary of Trans22 portation or’’ and inserting ‘‘Federal Avia23 tion Administration or the Secretary of’’;

24 and
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1 (ii) in paragraph (1) by striking ‘‘Sec2 retary’’ and inserting ‘‘agency head’’;

3 (C) in section 47304—

4 (i) by striking ‘‘Secretary of Trans5 portation or’’ in subsection (a) and insert6 ing ‘‘Federal Aviation Administration or

7 the Secretary’’;

8 (ii) by striking ‘‘Secretary’’ the 2nd

9 and 3rd places it appears in subsection (a)

10 and inserting ‘‘agency head’’;

11 (iii) by striking ‘‘Secretary of Trans12 portation’’ the 1st place it appears in sub13 section (b) and inserting ‘‘Federal Aviation

14 Administration’’;

15 (iv) by striking ‘‘Secretary of Trans16 portation or’’ in subsection (b)(2) and in17 serting ‘‘Chief Executive Officer of the

18 Federal Aviation Administration or the

19 Secretary of’’;

20 (v) by striking ‘‘Secretary of Trans21 portation’’ each place it appears in sub22 section (c) and inserting ‘‘Federal Aviation

23 Administration’’; and

24 (vi) by striking ‘‘Secretary of Trans25 portation or’’ in subsection (d)(2) and in-
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1 serting ‘‘Chief Executive Officer of the

2 Federal Aviation Administration or the

3 Secretary of’’;

4 (D) in section 47305—

5 (i) by striking ‘‘Secretary of Trans6 portation’’ in subsection (a) and inserting

7 ‘‘Federal Aviation Administration’’;

8 (ii) by striking ‘‘Secretary’’ the 3rd

9 and 4th places it appears in subsection (a)

10 and inserting ‘‘agency head’’; and

11 (iii) by striking ‘‘Secretary of Trans12 portation or’’ in subsection (b) and insert13 ing ‘‘Chief Executive Officer of the Federal

14 Aviation Administration or the Secretary

15 of’’; and

16 (E) in section 47306 by striking ‘‘Sec17 retary of Transportation’’ and inserting ‘‘Fed18 eral Aviation Administration’’.

19 (18) NOISE.—Chapter 475 is amended—

20 (A) by striking ‘‘Administrator of the’’

21 each place it appears (other than the 1st place

22 it appears in section 47502, the 2nd place it

23 appears in section 47509(a), the 2nd place it

24 appears in section 47509(c), the 2nd place it
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1 appears in section 47509(d), and the 2nd place

2 it appears in section 47509(e));

3 (B) by striking ‘‘Administrator’’ each place

4 it appears (other than a place to which sub5 paragraph (A) applies, the 1st place it appears

6 in section 47502, the 2nd place it appears in

7 section 47509(a), the 2nd place it appears in

8 section 47509(c), the 2nd place it appears in

9 section 47509(d), and the 2nd place it appears

10 in section 47509(e)) and inserting ‘‘Administra11 tion’’;

12 (C) by striking ‘‘Secretary of Transpor13 tation’’ each place it appears and inserting

14 ‘‘Federal Aviation Administration’’; and

15 (D) by striking ‘‘Secretary’’ each place it

16 appears (other than a place to which subpara17 graph (C) applies) and inserting ‘‘Administra18 tion’’.

19 (19) FINANCING.—Chapter 481 (other than

20 section 48109) is amended—

21 (A) by striking ‘‘Administrator of the’’

22 each place it appears;

23 (B) by striking ‘‘Administrator’’ each place

24 it appears (other than a place to which sub-
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1 paragraph (A) applies) and inserting ‘‘Adminis2 tration’’;

3 (C) by striking ‘‘Secretary of Transpor4 tation’’ each place it appears and inserting

5 ‘‘Federal Aviation Administration’’;

6 (D) by striking ‘‘Secretary’’ each place it

7 appears (other than a place to which subpara8 graph (C) applies and the 1st place it appears

9 in section 48105) and inserting ‘‘Administra10 tion’’;

11 (E) in section 48102(d)(2) by striking

12 ‘‘Public Works and Transportation’’ and insert13 ing ‘‘Transportation and Infrastructure’’; and

14 (F) in section 48108(b)(2) by striking

15 ‘‘Department of Transportation’’ and inserting

16 ‘‘Federal Aviation Administration’’.

17 (20) MISCELLANEOUS.—Chapter 491 is amend18 ed—

19 (A) by striking ‘‘Administrator of the’’

20 each place it appears;

21 (B) by striking ‘‘Administrator’’ each place

22 it appears (other than a place to which sub23 paragraph (A) applies) and inserting ‘‘Adminis24 tration’’;
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1 (C) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears and inserting

3 ‘‘Federal Aviation Administration’’; and

4 (D) by striking ‘‘Secretary’’ each place it

5 appears (other than a place to which subpara6 graph (C) applies and in section 49103(b)(1))

7 and inserting ‘‘Administration’’.

8 (21) COMMERCIAL SPACE LAUNCH ACTIVI9 TIES.—Subtitle IX is amended—

10 (A) by striking ‘‘Secretary of Transpor11 tation’’ each place it appears and inserting

12 ‘‘Federal Aviation Administration’’; and

13 (B) by striking ‘‘Secretary’’ each place it

14 appears (other than a place to which subpara15 graph (A) applies, the 2nd place it appears in

16 each of sections 70112(a)(2) and 70112(b)(2),

17 the 2nd and 3rd places it appears in each of

18 sections 70116(a) and 70116(b), and the 2nd

19 place it appears in each of sections 70303(a)

20 and 70304(a)) and inserting ‘‘Administration’’.

21 (d) TITLE 5.—

22 (1) EXECUTIVE SCHEDULE PAY RATES.—

23 (A) ADMINISTRATOR.—Section 5313 of

24 title 5, United States Code, is amended by
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1 striking ‘‘Administrator, Federal Aviation Ad2 ministration.’’.

3 (B) DEPUTY ADMINISTRATOR.—Section

4 5315 of such title is amended by striking ‘‘Dep5 uty Administrator, Federal Aviation Adminis6 tration.’’.

7 (2) DEFINITIONS.—Section 2109 of title 5,

8 United States Code, is amended—

9 (A) by striking ‘‘Department of Transpor10 tation’’ each place it appears and inserting

11 ‘‘Federal Aviation Administration’’; and

12 (B) by striking ‘‘Secretary of Transpor13 tation’’ and inserting ‘‘Chief Executive Officer

14 of the Federal Aviation Administration’’.

15 (3) EXPENSE OF TRAINING.—Section 4109(c)

16 of title 5, United States Code, is amended by strik17 ing ‘‘Administrator, Federal Aviation Administra18 tion,’’ and inserting ‘‘Federal Aviation Administra19 tion’’.

20 (4) REDUCTION IN RETIREMENT PAY FOR

21 FORMER MEMBERS OF UNIFORM SERVICES.—Section

22 5532(f) of title 5, United States Code, is repealed.

23 (5) DIFFERENTIAL PAY.—Chapter 55 of title 5,

24 United States Code, is amended—
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1 (A) in the heading to section 5546a by

2 striking ‘‘the Federal Aviation Adminis3 tration and’’;

4 (B) in section 5546a(a) by striking ‘‘Ad5 ministrator of the Federal Aviation Administra6 tion (hereafter in this section referred to as the

7 ‘Administrator’) and the’’;

8 (C) in subsections (a)(1), (a)(2), (c), (d),

9 (e), and (f)(1) of section 5546a—

10 (i) by striking ‘‘Administrator or the’’

11 each place it appears; and

12 (ii) by striking ‘‘the Federal Aviation

13 Administration or’’ each place it appears;

14 (D) by striking ‘‘; and’’ at the end of sec15 tion 5546a(a)(2) and inserting a period;

16 (E) by striking paragraph (3) of section

17 5446a(a);

18 (F) in section 5546a(f)—

19 (i) by striking ‘‘(1)’’; and

20 (ii) by striking paragraph (2); and

21 (G) in the item relating to section 5546a

22 of the analysis for such chapter by striking ‘‘the

23 Federal Aviation Administration and’’.

24 (e) COAST GUARD COOPERATION.—Chapter 5 of title

25 14, United States Code, is amended—
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1 (1) in the heading to section 82 by striking

2 ‘‘Administrator of’’;

3 (2) in sections 81, 82, and 90(b) by striking

4 ‘‘the Administrator of’’ each place it appears;

5 (3) in section 90(b) by striking ‘‘Administrator

6 may’’ and inserting ‘‘Administration may’’; and

7 (4) in the item relating to section 82 of the

8 analysis for such chapter by striking ‘‘Administrator

9 of’’.

10 (f) ACCESS TO NATIONAL DRIVER REGISTER.—Sec11 tion 30305(b)(3) of title 49, United States Code, is

12 amended—

13 (1) by striking ‘‘the Administrator of’’; and

14 (2) by striking ‘‘Administrator’’ each place it

15 appears after the first and inserting ‘‘Administra16 tion’’.

17 (g) WOLF TRAP FARM PARK.—The Wolf Trap Farm

18 Park Act (16 U.S.C. 284–284j) is amended—

19 (1) in section 4(e)—

20 (A) by striking ‘‘Administrator of the’’;

21 and

22 (B) by striking ‘‘Administrator’’ each place

23 it appears after the first and inserting ‘‘Admin24 istration’’; and
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1 (2) in section 8(b) by striking ‘‘Administrator

2 of the’’ each place it appears.

3 (h) CERTIFICATION OF FIREARMS.—Section

4 922(p)(5)(A) of title 18, United States Code, is amended

5 by striking ‘‘the Administrator of’’.

6 (i) NATIONAL AIR AND SPACE MUSEUM ADVISORY

7 BOARD.—Section 1(a) of the Act entitled ‘‘An Act to es8 tablish a national air museum, and for other purposes’’,

9 approved August 12, 1946 (20 U.S.C. 77(a)), is amended

10 by striking ‘‘Administrator of the Federal’’ and all that

11 follows through the first succeeding comma and inserting

12 ‘‘Chief Operating Officer of the Federal Aviation Adminis13 tration,’’.

14 (j) FEDERAL PROPERTY.—Section 602(14) of the

15 Federal Property and Administrative Services Act of 1949

16 (40 U.S.C. 474(14)) is amended by striking ‘‘Adminis17 trator of the’’ and all that follows through ‘‘or’’ and insert18 ing ‘‘Federal Aviation Administration or’’.

19 (k) NOISE CONTROL.—The Noise Control Act of

20 1972 (42 U.S.C. 4901–4918) is amended—

21 (1) in section 12(a)(2)(B) (42 U.S.C.

22 4911(a)(2)(B))—

23 (A) by striking ‘‘Administrator of the’’;
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1 (B) by striking ‘‘such Administrator’’ each

2 place it appears and inserting ‘‘such Adminis3 tration’’;

4 (2) in the last sentence of section 12(a)(2) by

5 striking ‘‘such Administrator’’ and inserting ‘‘the

6 agency’’;

7 (3) in section 12(b)(1)(A) by striking ‘‘Admin8 istrator’’ the 2nd place it appears and inserting

9 ‘‘Administration’’;

10 (4) in sections 12(b)(1)(B) and 12(e) by strik11 ing ‘‘Administrator’’ and inserting ‘‘agency’’;

12 (5) in section 12(c) by striking ‘‘Administrator

13 of the’’ the 2nd place it appears;

14 (6) in section 16(a) (42 U.S.C. 4915(a)) by

15 striking ‘‘Administrator of the’’ the 2nd place it ap16 pears;

17 (7) in section 16(a) by striking ‘‘Administrator’’

18 the 3rd place it appears and inserting ‘‘agency’’;

19 (8) in section 16(b)—

20 (A) by inserting ‘‘the Federal Aviation’’

21 before ‘‘Administration’’; and

22 (B) by striking ‘‘Administrator’’ each place

23 it appears after the 1st and inserting ‘‘agency’’;

24 and
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1 (9) in section 16(c) by striking ‘‘Administrator’’

2 and inserting ‘‘agency’’.

3 (l) PHASE-OUT OF HALON.—Section 604(d)(3) of the

4 Clean Air Act (42 U.S.C. 7671c(d)(3)) is amended by

5 striking ‘‘Administrator of the’’ each place it appears.

6 SEC. 16. REFERENCES.

7 A reference in any law, regulation, document, record,

8 map, or other paper of the United States to the Secretary

9 of Transportation (and any reference to the Administrator

10 of the Federal Aviation Administration) with respect to

11 a function which under this Act (including the amend12 ments made by this Act) is made a function of the Federal

13 Aviation Administration established by section 1311 of

14 title 49, United States Code, shall be deemed to be a ref15 erence to the Federal Aviation Administration established

16 by such section.

17 SEC. 17. EFFECTIVE DATE.

18 (a) IN GENERAL.—Except as provided in subsection

19 (b), this Act (including the amendments made by this Act)

20 shall take effect on the 90th day following the date of the

21 enactment of this Act.

22 (b) EXCEPTIONS.—Section 1312 of title 49, United

23 States Code, and section 8 of this Act shall take effect

24 on the date of the enactment of this Act. The amendments

25 made by section 15(d)(5) of this Act, relating to differen-
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1 tial pay, shall take effect on the date the Federal Aviation

2 Board begins implementation of the personnel manage3 ment system for the Federal Aviation Administration

4 under section 1314(d)(2) of title 49, United States Code.

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