IB

104TH CONGRESS

2D SESSION H. R. 2276

[Report No. 104–475, Part I]

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

MARCH 7, 1996

Reported from the Committee on Transportation and Infrastructure with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic]

MARCH 7, 1996

Referrals to the Committees on Government Reform and Oversight and the

Budget extended for a period ending March 11, 1996

MARCH 11, 1996

Additional sponsors: Miss COLLINS of Michigan, Mr. LAHOOD, Mr. HASTERT,

Mr. SKEEN, Mr. PETE GEREN of Texas, Mr. KLECZKA, Mr. HANCOCK,

Mr. WAMP, Mr. HAYES, Mr. PETRI, Mr. ZELIFF, Mr. MARTINI, Mr.

YOUNG of Alaska, Mr. POSHARD, Mr. QUINN, Mrs. FOWLER, Mr. KIM,

Mr. EMERSON, Ms. BROWN of Florida, Mr. BOEHLERT, Mr. TUCKER,

Mr. FRANKS of New Jersey, Mr. BREWSTER, Mr. BLUTE, Mr. QUILLEN,

Mr. TRAFICANT, Mr. DIAZ-BALART, Mr. DOYLE, Mr. MASCARA, Ms.

ROS-LEHTINEN, Mr. CANADY of Florida, Mr. STARK, Mr. SISISKY, Mr.

PICKETT, Mr. LATOURETTE, Mr. MCCOLLUM, Mr. SCARBOROUGH, Mr.
2

•HR 2276 RH

ACKERMAN, Mr. CALVERT, Mr. STUPAK, Mr. CUNNINGHAM, Mr. FILNER,

and Mr. BURTON of Indiana

MARCH 11, 1996

Committees on Government Reform and Oversight and the Budget discharged;

committed to the Committee of the Whole House on the State of the

Union, and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on September 7, 1995]

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’’.

6 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms of

9 an amendment to, or repeal of, a section or other provision,

10 the reference shall be considered to be made to a section or

11 other provision of title 49, United States Code.

12 SEC. 3. ESTABLISHMENT OF FEDERAL AVIATION ADMINIS13 TRATION.

14 Subtitle II is amended by adding at the end the follow15 ing:
3

•HR 2276 RH

1 ‘‘CHAPTER 13—FEDERAL AVIATION

2 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 functions, 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.

3 ‘‘SUBCHAPTER I—GENERAL PROVISIONS

4 ‘‘§ 1301. Definitions

5 ‘‘In this chapter, the following definitions apply:

6 ‘‘(1) ADMINISTRATION.—The term ‘Administra7 tion’ means the Federal Aviation Administration es8 tablished by section 1311.

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

10 NAVIGATION FACILITY.—The terms ‘aeronautics’, ‘air

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

12 same meanings given those terms in section 40102(a)

13 of this title.

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

15 term ‘Airport and Airway Trust Fund’ means the
4

•HR 2276 RH

1 Airport and Airway Trust Fund established by sec2 tion 9502 of the Internal Revenue Code of 1986.

3 ‘‘(4) BOARD.—The term ‘Board’ means the Fed4 eral Aviation Board established by section 1312.

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

6 ‘Chief Executive Officer’ means the Chief Executive

7 Officer of the Federal Aviation Administration.

8 ‘‘SUBCHAPTER II—ORGANIZATION AND

9 ADMINISTRATIVE

10 ‘‘§ 1311. Establishment

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

12 independent establishment the Federal Aviation Adminis13 tration. The Administration shall succeed the Federal Avia14 tion Administration of the Department of Transportation

15 in existence on the day before the effective date of this sec16 tion.

17 ‘‘§ 1312. Federal Aviation Board

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

19 Aviation Board which shall serve as the head of the Admin20 istration.

21 ‘‘(b) FUNCTIONS.—

22 ‘‘(1) IN GENERAL.—The Board shall be respon23 sible for the major policy functions of the Administra24 tion, including the following:
5

•HR 2276 RH

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

2 Chief Executive Officer and the approval of other

3 senior officers of the Administration under sec4 tion 1313.

5 ‘‘(B) The approval and submission to Con6 gress of major contracts under section 1334(d).

7 ‘‘(C) The approval of major regulatory ac8 tions under section 1332(b).

9 ‘‘(D) The issuance of letters of intent under

10 section 47110(e).

11 ‘‘(E) The approval and submission to Con12 gress of the Administration’s plans for personnel

13 management and acquisition management pro14 grams under sections 1314 and 1334.

15 ‘‘(F) The approval of the agency’s annual

16 budget submission.

17 ‘‘(G) Long-range and strategic planning for

18 the Administration.

19 ‘‘(H) The representation of the Administra20 tion at public events to the extent practicable.

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

22 Board considers appropriate.

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

24 may not delegate the functions described in subpara25 graphs (A) through (F) of paragraph (1).
6

•HR 2276 RH

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

2 EXECUTIVE ORDER.—The Administration shall not

3 submit decisions for the approval of, and shall not be

4 bound by the decisions or recommendations of, any

5 committee, board, or other organization established by

6 Executive order.

7 ‘‘(c) MEMBERSHIP.—

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

9 composed of 3 voting members to be appointed by the

10 President, by and with the advice and consent of the

11 Senate. The initial members of the Board shall be ap12 pointed as soon as practicable after the date of the en13 actment of the Federal Aviation Administration Revi14 talization Act of 1995.

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

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

17 Secretary of Defense (or the Secretary’s designee) shall

18 serve as non-voting members of the Board.

19 ‘‘(d) QUALIFICATIONS.—

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

21 Board under subsection (c)(1) shall represent the pub22 lic interest and shall be selected from individuals who

23 are knowledgeable in aviation. Members of the Board

24 may not—
7

•HR 2276 RH

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

2 stock in or bonds of, an aeronautical enterprise;

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

4 or employment; and

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

6 substantial part of whose activities are for the

7 purpose of influencing aviation-related legisla8 tion.

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

10 ‘influencing legislation’ has the meaning such term

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

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

13 ‘‘(e) TERMS.—

14 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

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

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

17 years.

18 ‘‘(2) TERMS OF INITIAL APPOINTEES.—As des19 ignated by the President at the time of appointment,

20 of the members first appointed under subsection

21 (c)(1)—

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

23 years;

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

25 years; and
8

•HR 2276 RH

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

2 years.

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

4 subsection (c)(1) to fill a vacancy occurring before the

5 expiration of the term for which the member’s prede6 cessor was appointed shall be appointed only for the

7 remainder of that term. A member may serve after the

8 expiration of that member’s term until a successor has

9 taken office.

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

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

12 for inefficiency, neglect of duty, or malfeasance in office.

13 ‘‘(g) CHAIRPERSON.—The Chairperson of the Board

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

15 and consent of the Senate. At the time of such appointment,

16 the President shall establish the term of the Chairperson.

17 Such term may not exceed the term of the Chairperson’s

18 appointment to the Board.

19 ‘‘(h) QUORUM.—Two members of the Board appointed

20 under subsection (c)(1) shall constitute a quorum for carry21 ing out the duties and powers of the Board.

22 ‘‘(i) BASIC PAY.—

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

24 Board shall be paid at a rate equal to the rate of
9

•HR 2276 RH

1 basic pay payable for level II of the Executive Sched2 ule.

3 ‘‘(2) OTHER MEMBERS.—The other voting mem4 bers of the Board shall be paid at a rate equal to the

5 rate of basic pay payable for level III of the Executive

6 Schedule.

7 ‘‘§ 1313. Officers

8 ‘‘(a) CHIEF EXECUTIVE OFFICERS.—

9 ‘‘(1) APPOINTMENT.—The Board shall appoint a

10 Chief Executive Officer.

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

12 Chief Executive Officer the responsibility for manag13 ing the day-to-day operation of the Administration,

14 including (except as provided in section 1312(b)) the

15 hiring and firing of employees, acquisition of facili16 ties and equipment, issuance of rules, airworthiness

17 directives, and advisory circulars, preparation of the

18 annual budget submission, the awarding of grants,

19 and such other functions as the Board considers ap20 propriate.

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

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

23 the Board shall make every effort to ensure stability

24 and continuity in the leadership of the Administra25 tion.
10

•HR 2276 RH

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

2 Chief Executive Officer shall be paid at a rate to be

3 determined by the Board.

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

5 Board, the Chief Executive Officer shall appoint other sen6 ior officers who shall each have such duties as the Chief

7 Executive Officer may prescribe.

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

9 Board, the Chief Executive Officer shall appoint a Chief

10 Counsel who shall be the chief legal officer for all legal mat11 ters arising from the activities of the Administration.

12 ‘‘(d) INSPECTOR GENERAL.—There shall be in the Ad13 ministration an Inspector General who shall be appointed

14 in accordance with the Inspector General Act of 1978 (5

15 U.S.C. App.).

16 ‘‘(e) AIRCRAFT NOISE OMBUDSMAN.—

17 ‘‘(1) ESTABLISHMENT.—There shall be in the

18 Administration an Aircraft Noise Ombudsman who

19 shall be appointed by the Board.

20 ‘‘(2) DUTIES AND RESPONSIBILITIES.—The Om21 budsman shall—

22 ‘‘(A) serve as a liaison with the public on

23 issues regarding aircraft noise; and

24 ‘‘(B) be consulted when the Administration

25 proposes changes in aircraft routes so as to min-
11

•HR 2276 RH

1 imize any increases in aircraft noise over popu2 lated areas.

3 ‘‘§ 1314. Personnel management program

4 ‘‘(a) EXEMPTION FROM CERTAIN PROVISIONS OF

5 TITLE 5, UNITED STATES CODE.—

6 ‘‘(1) IN GENERAL.—Except as otherwise provided

7 in this Act, the Administration shall be exempt from

8 parts II and III of title 5.

9 ‘‘(2) EFFECTIVE DATE.—The exemption provided

10 by paragraph (1) shall not take effect until the expi11 ration of the 180-period described in subsection

12 (d)(2).

13 ‘‘(b) DEVELOPMENT OF PERSONNEL MANAGEMENT

14 SYSTEM.—

15 ‘‘(1) IN GENERAL.—Not later than 180 days

16 after the date of the enactment of the Federal Aviation

17 Administration Revitalization Act of 1995, the Board

18 shall develop a personnel management system for the

19 Administration.

20 ‘‘(2) CONSULTATION AND NEGOTIATION.—In de21 veloping the personnel management system, the Board

22 shall negotiate with the exclusive bargaining rep23 resentatives of employees of the Administration cer24 tified under section 7111 of title 5 and other employ25 ees of the Administration and shall consult with non-
12

•HR 2276 RH

1 governmental experts in personnel management sys2 tems. The negotiation with the exclusive bargaining

3 representatives shall be completed on or before the

4 90th day after the date of enactment referred to in

5 paragraph (1).

6 ‘‘(3) MEDIATION.—If the Board does not reach

7 an agreement under paragraph (2) with the exclusive

8 bargaining representatives on any provision of the

9 personnel management system, the services of the Fed10 eral Mediation and Conciliation Service shall be used

11 to attempt to reach such agreement. If the services of

12 the Federal Mediation and Conciliation Service do

13 not lead to an agreement, the Board shall include in

14 the plan to be submitted to Congress under subsection

15 (d) the objections of the exclusive bargaining rep16 resentatives and the reasons for the objections.

17 ‘‘(4) CONTINUATION OF AGREEMENTS.—Collec18 tive bargaining agreements and labor management re19 lations under chapter 71 of title 5 shall remain in ef20 fect for the Administration until amended or modified

21 under the personnel management system.

22 ‘‘(5) GOALS.—The goal of the personnel manage23 ment system to be developed by the Board under

24 paragraph (1) shall be to provide, consistent with the
13

•HR 2276 RH

1 requirements of this section, the Administration with

2 the ability—

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

4 private sector;

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

6 on merit;

7 ‘‘(C) to provide market-based salaries (de8 signed to attract the best qualified employees)

9 within available resources;

10 ‘‘(D) to provide pay increases and other in11 centives to staff facilities that are difficult to

12 staff;

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

14 where they are most needed; and

15 ‘‘(F) to provide an opportunity for collective

16 bargaining and other consultation with employ17 ees concerning terms and conditions of employ18 ment.

19 ‘‘(6) SAFEGUARDS.—The personnel management

20 system shall include safeguards to ensure that travel

21 expenses of employees of the Administration (includ22 ing meal and lodging expenses) are not excessive.

23 ‘‘(c) EXPERTS EVALUATION.—The arrangements en24 tered into by the Board with the experts consulted by the

25 Board under subsection (b) shall provide for those experts
14

•HR 2276 RH

1 to evaluate the personnel management system developed by

2 the Board and submit to Congress the results of such evalua3 tion before the last day of the 180-day period referred to

4 in subsection (b)(1).

5 ‘‘(d) NOTICE TO CONGRESS.—

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

7 personnel management system under subsection (b),

8 the Board shall submit to Congress a comprehensive

9 plan describing the personnel management system,

10 along with all existing or proposed rules or regula11 tions relevant to the system.

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

13 to implement the personnel management system only

14 after the expiration of the 180-day period that begins

15 on the date of submission of the plan to Congress

16 under paragraph (1).

17 ‘‘(e) EMPLOYEE RIGHTS AND BENEFITS.—Nothing in

18 this section shall be construed as exempting the Administra19 tion and employees of the Administration from any of the

20 following provisions of title 5:

21 ‘‘(1) Section 2302(b)(8) (relating to whistle22 blower protection) and related enforcement provisions.

23 ‘‘(2) Sections 7311(3) and 7311(4) (relating to

24 limitations on the right to strike).
15

•HR 2276 RH

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

2 antidiscrimination) and related enforcement provi3 sions and provisions of law referred to in section

4 2302(b)(1).

5 ‘‘(4) Chapter 71 (relating to labor-management

6 relations).

7 ‘‘(5) Chapter 73 (relating to suitability, security,

8 and conduct).

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

10 work injuries).

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

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

14 ‘‘(9) Chapter 85 (relating to unemployment com15 pensation).

16 ‘‘(10) Chapter 87 (relating to life insurance).

17 ‘‘(11) Chapter 89 (relating to health insurance).

18 ‘‘(f) PAY RESTRICTIONS.—

19 ‘‘(1) MAXIMUM RATE OF PAY.—No officer (in20 cluding the Chief Executive Officer) or employee of

21 the Administration may receive annual pay in excess

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

23 of the Executive Schedule unless the Board provides

24 written notification to Congress of such higher rate of

25 pay and 30 days (excluding Saturdays, Sundays, and
16

•HR 2276 RH

1 holidays, and any day on which neither House of

2 Congress is in session because of an adjournment sine

3 die, a recess of more than 3 days, or an adjournment

4 of more than 3 days) have elapsed since the date of

5 such notification.

6 ‘‘(2) PERCENTAGE OF EMPLOYEES ABOVE LEVEL

7 ES–1 OF SENIOR EXECUTIVE SERVICE.—Not more

8 than 0.35 percent of the officers (including members

9 of the Board and the Chief Executive Officer) and em10 ployees of the Administration may be paid at a rate

11 which equals or exceeds the rate payable for level ES–

12 1 of the Senior Executive Service.

13 ‘‘(3) RAISES AND BONUSES.—No officer (includ14 ing the Chief Executive Officer) or employee of the

15 Administration who is paid at a rate which exceeds

16 the rate payable for level ES–1 of the Senior Execu17 tive Service may receive in a calendar year raises or

18 bonuses (excluding cost-of-living increases and in19 creases that are the results of a promotion) that total

20 more than 15 percent of the annual rate of pay of the

21 officer or employee on the day before the first day of

22 such calendar year.

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

24 EMPLOYEES.—Before the Administration may enter into a

25 contract with an individual who has been employed by the
17

•HR 2276 RH

1 Administration at any time during the 2-year period pre2 ceding the expected date of entry into the contract or with

3 a corporation, partnership, or other entity in which such

4 a former employee is a partner, principal officer, or major5 ity stockholder or which is otherwise controlled or predomi6 nantly staffed by 1 or more of such former employees, the

7 Board must first approve of the entry into the contract as

8 being essential to the mission of the Administration.

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 Com16 mittee shall consist of 17 members, who shall be appointed

17 as follows:

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

19 House of Representatives;

20 ‘‘(2) 1 member appointed by the minority leader

21 of the House of Representatives;

22 ‘‘(3) 1 member appointed by the majority leader

23 of the Senate;

24 ‘‘(4) 1 member appointed by the minority leader

25 of the Senate;
18

•HR 2276 RH

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 operations

20 of the Administration. The Management Advisory Commit21 tee shall hold quarterly meetings. The Administration shall

22 give the Management Advisory Committee access to internal

23 documents (other than proprietary information and docu24 ments relating to on-going litigation) and personnel of the

25 Administration. The Management Advisory Committee
19

•HR 2276 RH

1 shall function as an oversight resource for management, pol2 icy, spending, and regulatory matters under the jurisdic3 tion of the Administration.

4 ‘‘(d) CHAIRMAN.—The Management Advisory Commit5 tee shall elect a chairman of the Management Advisory

6 Committee from among its members.

7 ‘‘(e) TERMS OF MEMBERS.—

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

9 Members appointed under subsections (b)(1) through

10 (b)(4) shall be appointed for a term of 2 years.

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

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

13 appointed for a term of 3 years.

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

15 Management Advisory Committee shall be paid actual trav16 el expenses, and per diem in lieu of subsistence expenses

17 when away from his or her usual place of residence, in ac18 cordance with section 5703 of title 5.

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

20 Administration shall make available to the Management

21 Advisory Committee such staff, information, and adminis22 trative services and assistance as may reasonably be re23 quired to enable the Management Advisory Committee to

24 carry out its responsibilities under this section.
20

•HR 2276 RH

1 ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY COMMIT2 TEE ACT.—The Management Advisory Committee shall be

3 subject to the Federal Advisory Committee Act (5 U.S.C.

4 App.); except that section 14(a)(2)(B) of such Act (relating

5 to the termination of advisory committees) shall not apply

6 to the Committee.

7 ‘‘§ 1316. Authority to carry out certain transferred

8 functions, duties, and powers

9 ‘‘Except as otherwise provided in this chapter, in car10 rying out a function, duty, or power transferred under the

11 Federal Aviation Administration Revitalization Act of

12 1995 (including the amendments made by such Act), the

13 Administration has the same authority that was vested in

14 the department, agency, or instrumentality of the United

15 States Government carrying out the function, duty, or

16 power immediately before the transfer. An action of the Ad17 ministration in carrying out the function, duty, or power

18 has the same effect as when carried out by the department,

19 agency, or instrumentality.

20 ‘‘SUBCHAPTER III—AUTHORITY

21 ‘‘§ 1331. Functions

22 ‘‘(a) IN GENERAL.—The functions of the Federal Avia23 tion Administration shall be all functions vested in the

24 Board, the Chief Executive Officer, or the Federal Aviation

25 Administration by this title or by law enacted after the date
21

•HR 2276 RH

1 of the enactment of this chapter. Such functions include

2 functions of the Administration, the Board, and the Chief

3 Executive Officer under the following provisions of this title:

4 ‘‘(1) Section 308(b).

5 ‘‘(2) Section 353.

6 ‘‘(3) Section 1114(d).

7 ‘‘(4) Section 1131(c).

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

9 ‘‘(6) Section 1135.

10 ‘‘(7) Section 1153(c).

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

12 40101.

13 ‘‘(9) Section 40102(a)(8).

14 ‘‘(10) Section 40103(b).

15 ‘‘(11) Section 40104.

16 ‘‘(12) Section 40105.

17 ‘‘(13) Section 40106(a).

18 ‘‘(14) Section 40107.

19 ‘‘(15) Section 40108.

20 ‘‘(16) Section 40109(b).

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

22 ‘‘(18) Section 40111.

23 ‘‘(19) Section 40112.

24 ‘‘(20) Section 40113.

25 ‘‘(21) Section 40114.
22

•HR 2276 RH

1 ‘‘(22) Section 40115.

2 ‘‘(23) Section 40117.

3 ‘‘(24) Section 40119.

4 ‘‘(25) Section 41714.

5 ‘‘(26) Chapter 441.

6 ‘‘(27) Chapter 443.

7 ‘‘(28) Chapter 445.

8 ‘‘(29) Chapter 447.

9 ‘‘(30) Chapter 449.

10 ‘‘(31) Chapter 451.

11 ‘‘(32) Chapter 453.

12 ‘‘(33) Chapter 461.

13 ‘‘(34) Section 46301.

14 ‘‘(35) Section 46302.

15 ‘‘(36) Section 46303.

16 ‘‘(37) Section 46304.

17 ‘‘(38) Section 46306.

18 ‘‘(39) Section 46308.

19 ‘‘(40) Section 46311.

20 ‘‘(41) Section 46313.

21 ‘‘(42) Section 46315.

22 ‘‘(43) Section 46316.

23 ‘‘(44) Chapter 465.

24 ‘‘(45) Chapter 471.

25 ‘‘(46) Chapter 473.
23

•HR 2276 RH

1 ‘‘(47) Chapter 475.

2 ‘‘(48) Chapter 481.

3 ‘‘(49) Chapter 491.

4 ‘‘(b) INCIDENTAL FUNCTIONS.—In addition, the func5 tions of the Administration shall include all functions of

6 the Department of Transportation on the effective date of

7 this section which the Administration determines are inci8 dental to, helpful to, or necessary for the performance of

9 the functions referred to in subsection (a) or which relate

10 primarily to those functions.

11 ‘‘§ 1332. Regulations

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

13 may issue, rescind, and amend such regulations as are nec14 essary to carry out its functions.

15 ‘‘(b) APPROVAL OF BOARD.—

16 ‘‘(1) GENERAL RULE.—The Administration may

17 only issue a proposed regulation, final regulation,

18 airworthiness directive, or advisory circular that may

19 result in the expenditure by State, local, and tribal

20 governments in the aggregate, or by the private sector,

21 of $10,000,000 or more (adjusted annually for infla22 tion) in any 1 year if the Board first approves of the

23 issuance of such regulation, directive, or circular.

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

25 Chief Executive Officer may issue a regulation, direc-
24

•HR 2276 RH

1 tive, or circular described in paragraph (1) without

2 prior Board approval but subject to Board ratifica3 tion following issuance.

4 ‘‘(c) REVIEW BY DOT.—

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

6 issues any proposed or final regulation—

7 ‘‘(A) the Administration shall submit a

8 copy of the regulation to the Secretary of Trans9 portation;

10 ‘‘(B) the Administration shall provide the

11 Secretary with a period of 5 days (excluding

12 Saturdays, Sundays, and holidays) beginning on

13 the date of such submission to determine whether

14 or not the regulation is likely to have a signifi15 cant effect on other modes of transportation in

16 the national transportation system or the Sec17 retary’s aviation responsibilities, including na18 tional defense responsibilities; and

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

20 last day of such 5-day period, that the regulation

21 is likely to have such a significant effect, the Ad22 ministration shall provide the Secretary with an

23 additional period of 45 days to assess the effect

24 of the regulation on other modes of transpor25 tation in the national transportation system and
25

•HR 2276 RH

1 the Secretary’s aviation responsibilities, includ2 ing 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 of

7 transportation in the national transportation system

8 or the Secretary’s aviation responsibilities, including

9 national defense responsibilities. The Administration

10 may make any modifications recommended by the

11 Secretary. If the Administration does not make a

12 modification recommended by the Secretary, the Ad13 ministration shall include in the publication of the

14 proposed or final regulation a description of the rec15 ommended modification and the reasons for not mak16 ing the modification.

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

18 apply to the following types of regulations:

19 ‘‘(A) Regulations pertaining to agency orga20 nization, procedure, or practice.

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

23 ‘‘(C) Regulations pertaining solely to air24 space designations and configurations.
26

•HR 2276 RH

1 ‘‘(D) Regulations pertaining solely to stand2 ard instrument approach procedures.

3 ‘‘(E) Regulations pertaining solely to air4 craft design.

5 ‘‘(F) Regulations pertaining to the person6 nel management system developed under section

7 1314.

8 ‘‘(G) Regulations pertaining to the acquisi9 tion management system developed under section

10 1334.

11 ‘‘(4) EMERGENCY ACTION.—In an emergency, a

12 regulation may take effect for the duration of the

13 emergency and before the Secretary completes review

14 of the regulation under this subsection, as determined

15 necessary by the Chief Executive Officer or the Board.

16 ‘‘(d) AUTOMATIC TERMINATION DATE.—Any regula17 tion issued by the Administration after the effective date

18 of this section which is likely to result in the annual expend19 iture by State, local, and tribal governments in the aggre20 gate, or by the private sector, of $25,000,000 or more (ad21 justed annually for inflation) in any 1 year must contain

22 an automatic termination date. The termination date shall

23 also apply to any advisory circular issued by the Adminis24 tration and pertaining solely to such regulation.
27

•HR 2276 RH

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

2 ‘emergency’ means a situation where there is good cause for

3 finding that consideration by the Board or by the Depart4 ment of Transportation is impracticable or contrary to the

5 public interest.

6 ‘‘§ 1333. Finality of decisions; appeals

7 ‘‘Decisions of the Administration made pursuant to the

8 exercise of the functions enumerated in subtitle VII of this

9 title shall be administratively final, and appeals as cur10 rently authorized by law shall be taken directly to the Na11 tional Transportation Safety Board or to any court of com12 petent jurisdiction, as appropriate.

13 ‘‘§ 1334. Procurement program

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

15 ‘‘(1) IN GENERAL.—The following laws and regu16 lations shall not apply to the Federal Aviation Ad17 ministration:

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

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

20 251–266).

21 ‘‘(B) The Office of Federal Procurement

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

23 ‘‘(C) The Federal Acquisition Streamlining

24 Act of 1994 (Public Law 103–355).
28

•HR 2276 RH

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

2 631 et seq.); except that the Administration shall

3 provide reasonable opportunities to small busi4 ness concerns and small business concerns owned

5 and controlled by socially and economically dis6 advantaged individuals to be awarded contracts.

7 ‘‘(E) Subchapter V of chapter 35 of title 31

8 (relating to the procurement protest system).

9 ‘‘(F) The Brooks Automatic Data Process10 ing Act (40 U.S.C. 759).

11 ‘‘(G) Section 3709 of the Revised Statutes of

12 the United States (41 U.S.C. 5).

13 ‘‘(H) The Federal Acquisition Regulation

14 and any laws not listed in subparagraphs (A)

15 through (G) providing authority to promulgate

16 regulations in the Federal Acquisition Regula17 tion.

18 ‘‘(2) EFFECTIVE DATE.—The exemption provided

19 by paragraph (1) shall not take effect until the expi20 ration of the 180-day period referred to in subsection

21 (c)(2).

22 ‘‘(b) DEVELOPMENT OF ACQUISITION MANAGEMENT

23 SYSTEM.—

24 ‘‘(1) IN GENERAL.—Not later than 180 days

25 after the date of the enactment of the Federal Aviation
29

•HR 2276 RH

1 Administration Revitalization Act of 1995, the Fed2 eral Aviation Board, in consultation with such non3 governmental experts in acquisition management sys4 tems as the Board may employ, shall develop an ac5 quisition management system for the Administration.

6 ‘‘(2) CONSULTATION.—In developing the acquisi7 tion management system, the Board shall consult

8 nongovernmental experts in acquisition management

9 systems.

10 ‘‘(3) GOALS.—The acquisition management sys11 tem to be developed by the Board under paragraph

12 (1) shall be designed—

13 ‘‘(A) to ensure that services are procured

14 and new equipment is installed and certified as

15 quickly as possible without sacrificing principles

16 of fairness and protection against waste, fraud,

17 and abuse; and

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

19 traffic control system with the military.

20 ‘‘(4) EXPERTS EVALUATION.—The arrangements

21 entered into by the Board with the experts consulted

22 by the Board under paragraph (2) shall provide for

23 those experts to evaluate the acquisition management

24 system developed by the Board and submit to Con-
30

•HR 2276 RH

1 gress the results of such evaluation before the last day

2 of the 180-day period referred to in paragraph (1).

3 ‘‘(c) NOTICE TO CONGRESS.—

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

5 acquisition management system, the Board shall sub6 mit a comprehensive plan describing the acquisition

7 management system to Congress, along with all exist8 ing or proposed rules or regulations relevant to the

9 system.

10 ‘‘(2) IMPLEMENTATION.—The Administration

11 may begin to implement the acquisition management

12 system only after the expiration of the 180-day period

13 that begins on the date on which the plan is submit14 ted to Congress under paragraph (1). The acquisition

15 management system shall apply to contracts entered

16 into after the expiration of such 180-day period.

17 ‘‘(d) CONTRACTS.—

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

19 Administration may only enter into a contract that

20 has a total contract value, including all options, of an

21 amount greater than $100,000,000 if the Board first

22 approves of the entry into the contract.

23 ‘‘(2) NOTICE TO CONGRESS OF CERTAIN CON24 TRACTS.—In addition to complying with paragraph

25 (1), the Administration may only enter into a con-
31

•HR 2276 RH

1 tract that has a total contract value, including all op2 tions, of an amount greater than $250,000,000 if the

3 Board provides written notice to Congress of the pro4 posed entry into the contract, together with a descrip5 tion of the contract and at least 30 calendar days

6 elapse after the date of such notification.

7 ‘‘§ 1335. Judicial review of actions in carrying out cer8 tain transferred duties and powers

9 ‘‘(a) JUDICIAL REVIEW.—An action of the Adminis10 tration in carrying out a duty or power transferred under

11 the Department of Transportation Act (Public Law 89–

12 670) and under the Federal Aviation Administration Revi13 talization Act of 1995 and an action of the Administrator

14 of the Federal Aviation Administration in carrying out a

15 duty or power specifically assigned to the Administrator

16 by the Department of Transportation Act and transferred

17 to the Administration by the Federal Aviation Administra18 tion Revitalization Act of 1995 may be reviewed judicially

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

20 had been an action by the department, agency, or instru21 mentality of the United States Government carrying out

22 the duty or power immediately before the transfer.

23 ‘‘(b) APPLICATION OF PROCEDURAL REQUIRE24 MENTS.—A statutory requirement related to notice, an op25 portunity for a hearing, action on the record, or adminis-
32

•HR 2276 RH

1 trative review that applied to a duty or power transferred

2 by the Acts referred to in subsection (a) applies to the Ad3 ministration when carrying out the duty or power.’’.

4 SEC. 4. BUDGET OF ADMINISTRATION.

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

6 States Code, is amended to read as follows:

7 ‘‘§ 48109. Budget information and legislative rec8 ommendations and comments

9 ‘‘(a) PREPARATION.—Subject to approval of the Fed10 eral Aviation Board, the Chief Executive Officer shall pre11 pare an annual budget for the Administration.

12 ‘‘(b) SUBMISSION OF BUDGET TO DOT.—

13 ‘‘(1) IN GENERAL.—At the same time that agen14 cies of the Department of Transportation having ju15 risdiction over other modes of transportation are re16 quired to submit their budgets to the Secretary of

17 Transportation, the Administration shall submit to

18 the Secretary the budget prepared by the Administra19 tion and approved by the Board. The Secretary shall

20 review the budget and may recommend to the Admin21 istration modifications in the budget necessary to en22 sure that the budget is consistent with the needs of the

23 national transportation system and the Secretary’s

24 aviation responsibilities. The Administration may
33

•HR 2276 RH

1 modify the budget to adopt any recommendation

2 made by the Secretary.

3 ‘‘(2) OPPORTUNITY FOR COMMENT.—At least 30

4 days before submitting a budget to the Secretary

5 under paragraph (1), the Administration shall submit

6 a draft of the budget to the Management Advisory

7 Committee established by section 1315 for comment.

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

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

10 the President or the Director of the Office of Manage11 ment and Budget any budget information, legislative

12 recommendation, or comment on legislation about

13 amounts authorized in section 48101 or section

14 48102, the Board concurrently shall submit a copy of

15 the information, recommendation, or comment to the

16 Speaker of the House of Representatives, the Commit17 tees on Transportation and Infrastructure and Ap18 propriations of the House of Representatives, the

19 President of the Senate, and the Committees on Com20 merce, Science, and Transportation and Appropria21 tions of the Senate.

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

23 BUDGETS.—The annual budget of the Administration

24 submitted to Congress shall include—
34

•HR 2276 RH

1 ‘‘(A) budget requests and Airport and Air2 way Trust Fund estimates for the ensuing 4 fis3 cal years;

4 ‘‘(B) a numerical ranking, by degree of im5 portance to the national airspace system, of the

6 Administration’s requests for funding of air traf7 fic control modernization projects under section

8 48101;

9 ‘‘(C) the total number of man-years of di10 rect effort the Administration estimates it will

11 use under support service contracts (including

12 professional, technical, engineering, site prepara13 tion, and installation and other services com14 parable to those performed by Government em15 ployees, but not including maintenance as part

16 of a supply contract, janitorial, research and de17 velopment, or construction services or services in18 cidental to supply contracts) during the fiscal

19 year for which the budget is being submitted;

20 ‘‘(D) any modifications made by the Ad21 ministration under subsection (b) with respect to

22 the budget; and

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

24 a recommendation made by the Secretary under

25 subsection (b), a description of the recommenda-
35

•HR 2276 RH

1 tion and the reasons for not adopting the rec2 ommendation.

3 Subparagraph (C) shall take effect with the budget

4 submission for fiscal year 1997. The estimate under

5 subparagraph (C) for such budget submission shall

6 include for comparison the estimated total number of

7 man-years of direct effort the Administration used

8 under such support service contracts in each of fiscal

9 years 1992 and 1995.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 chapter 481 is amended by striking the item relating to sec12 tion 48109 and inserting the following:

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

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

14 STANDARDS.

15 Section 44701 is amended by adding at the end the

16 following:

17 ‘‘(f) COST-BENEFIT ANALYSIS.—

18 ‘‘(1) IN GENERAL.—For any regulation or stand19 ard to be issued under subsection (a) or (b) that is

20 likely to result in annualized compliance costs in ex21 cess of $25,000,000, the Administration shall, in ad22 dition to other requirements in law, identify and pub23 lish together with such regulation or standard the fol24 lowing:
36

•HR 2276 RH

1 ‘‘(A) The benefits of the regulation or stand2 ard, quantified where appropriate and feasible,

3 and otherwise qualitatively described, including

4 in appropriate cases, the nature and number of

5 deaths or injuries that the regulation or stand6 ard is designed to prevent.

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

8 airports, airmen, or cabin crew affected by the

9 regulation or standard.

10 ‘‘(C) The probable cost of fulfilling the re11 quirements of the regulation or standard, quan12 tified where appropriate and feasible, and other13 wise qualitatively described, including in appro14 priate cases any adverse effects on competition or

15 disruption or dislocation of air service or other

16 commercial practices engaged in by the entities

17 affected by such requirements.

18 ‘‘(D) Alternative means of achieving the ob19 jective of the regulation or standard while mini20 mizing the costs, adverse effects on competition,

21 and the disruption or dislocation of air service

22 or the commercial practices affected by the regu23 lation or standard and a statement as to why

24 the Administration chose the regulation or stand-
37

•HR 2276 RH

1 ard adopted in preference to the alternatives con2 sidered.

3 ‘‘(2) EMERGENCY.—In the case of an emergency,

4 the Chief Executive Officer or the Board may suspend

5 the application of this subsection for the duration of

6 the emergency.

7 ‘‘(3) NONAPPLICABILITY TO ADVISORY CIRCU8 LARS.—This subsection shall not apply to advisory

9 circulars.’’.

10 SEC. 6. BUDGETARY TREATMENT OF TRUST FUND.

11 (a) IN GENERAL.—Chapter 481 is amended by adding

12 at the end the following:

13 ‘‘§ 48111. Budgetary treatment of Airport and Airway

14 Trust Fund

15 ‘‘The receipts and disbursements of the Airport and

16 Airway Trust Fund established by section 9502 of the Inter17 nal Revenue Code of 1986 (26 U.S.C. 9502)—

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

19 ‘‘(A) the budget of the United States Gov20 ernment as submitted by the President, or

21 ‘‘(B) the congressional budget (including al22 locations of budget authority and outlays pro23 vided therein),

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

25 limitation imposed by statute on expenditures and
38

•HR 2276 RH

1 net lending (budget outlays) of the United States Gov2 ernment, and

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

4 part C of the Balanced Budget and Emergency Defi5 cit Control Act of 1985.

6 ‘‘§ 48112. Safeguards against deficit spending

7 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR8 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

9 March 31 of each year, the Federal Aviation Administra10 tion, in consultation with the Secretary of the Treasury,

11 shall estimate—

12 ‘‘(1) the amount which would (but for this sec13 tion) be the unfunded aviation authorizations at the

14 close of the first fiscal year that begins after that

15 March 31, and

16 ‘‘(2) the net aviation receipts at the close of such

17 fiscal year.

18 ‘‘(b) PROCEDURE OF EXCESS UNFUNDED AVIATION

19 AUTHORIZATIONS.—If the Administration determines for

20 any fiscal year that the amount described in subsection

21 (a)(1) exceeds the amount described in subsection (a)(2), the

22 Board shall determine the amount of such excess.

23 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

24 AUTHORIZATIONS EXCEED RECEIPTS.—
39

•HR 2276 RH

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

2 Administration determines that there is an excess re3 ferred to in subsection (b) for a fiscal year, the Ad4 ministration shall determine the percentage which—

5 ‘‘(A) such excess, is of

6 ‘‘(B) the total of the amounts authorized to

7 be appropriated from the Airport and Airway

8 Trust Fund established by section 9502 of the In9 ternal Revenue Code of 1986 (26 U.S.C. 9502)

10 for the next fiscal year.

11 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the

12 Administration determines a percentage under para13 graph (1), each amount authorized to be appropriated

14 from the Airport and Airway Trust Fund for the next

15 fiscal year shall be reduced by such percentage.

16 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH17 HELD.—

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

19 after a reduction has been made under subsection

20 (c)(2), the Administration determines that the

21 amount described in subsection (a)(1) does not exceed

22 the amount described in subsection (a)(2) or that the

23 excess referred to in subsection (b) is less than the

24 amount previously determined, each amount author25 ized to be appropriated that was reduced under sub-
40

•HR 2276 RH

1 section (c)(2) shall be increased, by an equal percent2 age, to the extent the Administration determines that

3 it may be so increased without causing the amount

4 described in subsection (a)(1) to exceed the amount

5 described in subsection (a)(2) (but not by more than

6 the amount of the reduction).

7 ‘‘(2) APPORTIONMENT.—The Administration

8 shall apportion amounts made available for appor9 tionment by paragraph (1).

10 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap11 portioned under paragraph (2) shall remain available

12 for the period for which they would be available if

13 such apportionment took effect with the fiscal year in

14 which they are apportioned under paragraph (2).

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

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

17 shall be reported by the Administration to Congress.

18 ‘‘(f) DEFINITIONS.—In this section, the following defi19 nitions apply:

20 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

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

22 the excess of—

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

24 Airport and Airway Trust Fund during such pe25 riod, over
41

•HR 2276 RH

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

2 such period from the Airport and Airway Trust

3 Fund under section 9502(d) of the Internal Reve4 nue Code of 1986 (other than paragraph (1)

5 thereof).

6 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

7 The term ‘unfunded aviation authorization’ means, at

8 any time, the excess (if any) of—

9 ‘‘(A) the total amount authorized to be ap10 propriated from the Airport and Airway Trust

11 Fund which has not been appropriated, over

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

13 and Airway Trust Fund at such time to make

14 such appropriation (after all other unliquidated

15 obligations at such time which are payable from

16 the Airport and Airway Trust Fund have been

17 liquidated).’’.

18 (b) CONFORMING AMENDMENT.—The analysis for

19 chapter 481 of title 49, United States Code, is amended by

20 adding at the end the following:

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

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

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

22 amendments made by this section) shall apply to fiscal

23 years beginning after September 30, 1995.
42

•HR 2276 RH

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

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

3 U.S.C. App.) is amended—

4 (1) in paragraph (1) by inserting ‘‘or Federal

5 Aviation Administration’’ after ‘‘Community Serv6 ice’’; and

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

8 Aviation Administration,’’ after ‘‘United States Infor9 mation Agency,’’.

10 SEC. 8. PASSENGER FACILITY CHARGES.

11 (a) FEE RETAINED BY AIRLINES.—

12 (1) DEADLINE FOR RESPONSE TO PETITION.—

13 Not later than 75 days after the date of the enactment

14 of this Act, the Administrator of the Federal Aviation

15 Administration shall issue a notice of a proposed

16 rulemaking or a denial of the petition in Docket

17 27791 of the Federal Aviation Administration (relat18 ing to increasing the fee that airlines retain in col19 lecting passenger facility charges).

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

21 Administrator does not respond to the petition in the

22 docket referred to in paragraph (1) as required by

23 paragraph (1), the fee increase sought by the peti24 tioner in such docket shall become effective after the

25 75th day referred to in paragraph (1) until such date

26 as the Administrator responds to such petition.
43

•HR 2276 RH

1 (b) REVIEW OF PROGRAM.—The Secretary of Trans2 portation shall complete the review required by section 121

3 of the Federal Aviation Administration Reauthorization

4 Act of 1994 (108 Stat. 1581) not later than the 75th day

5 following the date of the enactment of this Act.

6 SEC. 9. SELECT PANEL TO REVIEW INNOVATIVE FUNDING

7 MECHANISMS.

8 (a) ESTABLISHMENT.—The Federal Aviation Board

9 shall establish a select panel to review and report to Con10 gress regarding innovative financing mechanisms for ensur11 ing adequate funding for existing and future aviation infra12 structure needs and for funding the operations of the Fed13 eral Aviation Administration in a manner that would pro14 vide for future growth in the Nation’s air traffic system,

15 improve the management and performance of the air traffic

16 control system, and make the Administration more efficient

17 and effective. The financing mechanisms to be reviewed

18 shall include, but not be limited to, loan guarantees, finan19 cial partnerships with for-profit private sector entities,

20 multi-year appropriations, revolving loan funds, manda21 tory spending authority, authority to borrow, and restruc22 tured grant programs.

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

24 days after the date of the appointment of at least 2 members

25 of the Board, the Board shall appoint members to the panel
44

•HR 2276 RH

1 established under this section. Such members shall consist

2 of appropriate Federal Government officials and represent3 atives of the aviation industry, Administration employees,

4 the financial community, and State and local governments.

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

6 panel established under this section shall be paid actual

7 travel expenses, and per diem in lieu of subsistence expenses

8 when away from his or her usual place of residence, in ac9 cordance with section 5703 of title 5, United States Code.

10 (d) APPLICABILITY OF FEDERAL ADVISORY COMMIT11 TEES ACT.—The select panel established under this section

12 shall be subject to the Federal Advisory Committee Act (5

13 U.S.C. App.).

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

15 the appointment of the last member to the panel under sub16 section (b), the panel shall submit to Congress and the Fed17 eral Aviation Administration a report on the results of the

18 review conducted under this section.

19 SEC. 10. TRANSFER OF PERSONNEL, PROPERTY, RECORDS,

20 AND FUNDS.

21 So much of the personnel, property, records, funds, ac22 counts, and unexpended balances of appropriations, alloca23 tions, and other funds of the Department of Transportation

24 and the Federal Aviation Administration as are employed,

25 used, held, available, or to be made available, in connection
45

•HR 2276 RH

1 with the functions which under this Act (including the

2 amendments made by this Act) are made functions of the

3 Federal Aviation Administration established by section

4 1311 of title 49, United States Code, are transferred to the

5 Federal Aviation Administration.

6 SEC. 11. SAVINGS PROVISIONS.

7 (a) ORDERS, REGULATIONS, CONTRACTS, AND CER8 TIFICATES.—All orders, determinations, rules, regulations,

9 permits, contracts, certificates, licenses, and privileges—

10 (1) which have been issued, made, granted, or al11 lowed to become effective by the President or any Fed12 eral department or agency or official thereof or by a

13 court of competent jurisdiction, on or after the effec14 tive date of this section in regard to functions which

15 under this Act (including the amendments made by

16 this Act) are made functions of the Federal Aviation

17 Administration established by section 1311 of title 49,

18 United States Code; and

19 (2) which are in effect on the effective date of

20 this section,

21 shall continue in effect according to their terms until modi22 fied, terminated, superseded, set aside, or revoked in accord23 ance with law by the President, the Federal Aviation Board,

24 or other authorized officials, by a court of competent juris25 diction, or by operation of law.
46

•HR 2276 RH

1 (b) PROCEEDINGS AND APPLICATIONS.—The provi2 sions of this Act (including the amendments made by this

3 Act) shall not affect any proceedings or any application

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

5 pending on the effective date of this section, and such pro6 ceedings and applications, to the extent that they relate to

7 functions under this Act that are made functions of the Ad8 ministration, shall be continued. Orders shall be issued in

9 such proceedings, appeals shall be taken therefrom, and

10 payments shall be made pursuant to such orders, as if this

11 Act had not been enacted; and orders issued in any such

12 proceedings shall continue in effect until modified, termi13 nated, superseded, or revoked by a duly authorized official,

14 by a court of competent jurisdiction, or by operation of law.

15 Nothing in this subsection shall be deemed to prohibit the

16 discontinuance or modification of any such proceeding

17 under the same terms and conditions and to the extent that

18 such proceeding could have been discontinued or modified

19 if this Act had not been enacted.

20 (c) SUITS.—

21 (1) EFFECT ON PENDING SUITS.—The provisions

22 of this Act (including the amendments made by this

23 Act) shall not affect suits commenced prior to the ef24 fective date of this section.
47

•HR 2276 RH

1 (2) PROCEDURES.—In all suits commenced prior

2 to the effective date of this section, proceedings shall

3 be had, appeals taken, and judgments rendered in the

4 same manner and effect as if this Act had not been

5 enacted.

6 (d) ADMINISTRATOR.—If the Chief Executive Officer of

7 the Federal Aviation Administration is not appointed by

8 the Federal Aviation Board on the effective date of this sec9 tion, the person serving as the Administrator of the Federal

10 Aviation Administration on the day before such effective

11 date shall act as the Chief Executive Officer until the Chief

12 Executive Officer is appointed as provided in section 1313

13 of title 49, United States Code. While so acting, such person

14 shall receive compensation at the rate such person was re15 ceiving on the day before such effective date.

16 (e) AGREEMENTS WITH DEPARTMENT OF DEFENSE.—

17 Any agreement between the Federal Aviation Administra18 tion and the Department of Defense in effect on the day

19 before the date of the enactment of this Act shall remain

20 in effect until terminated in accordance with the terms of

21 such agreement.

22 SEC. 12. LAWS AND REGULATIONS.

23 Except to the extent otherwise provided in this Act (in24 cluding the amendments made by this Act), all laws, rules,

25 regulations, and executive orders in effect and applicable
48

•HR 2276 RH

1 to the Federal Aviation Administration of the Department

2 of Transportation and to the Administrator of such Admin3 istration on the day before the effective date of this Act shall,

4 on and after such effective date, be applicable to the Federal

5 Aviation Administration and the Federal Aviation Board

6 established by this Act (including the amendments made by

7 this Act), until such law, rule, regulation, or executive order

8 is repealed or otherwise modified or amended.

9 SEC. 13. TERMINATION OF FAA OF DOT.

10 The Federal Aviation Administration of the Depart11 ment of Transportation is terminated.

12 SEC. 14. CORRESPONDING REDUCTIONS IN OFFICE OF SEC13 RETARY.

14 The Secretary of Transportation shall terminate 200

15 employee positions in the Office of the Secretary to reflect

16 reductions in the aviation responsibilities in the Office of

17 the Secretary by enactment of this Act.

18 SEC. 15. CONFORMING AMENDMENTS.

19 (a) FEDERAL AVIATION ADMINISTRATION IN DOT.—

20 (1) IN GENERAL.—Subject to paragraph (2), sub21 sections (a) through (j) of section 106 are repealed.

22 (2) TECHNICAL ADJUSTMENTS.—

23 (A) IN GENERAL.—Subchapter II of chapter

24 13 (as inserted by section 3 of this Act) is

25 amended—
49

•HR 2276 RH

1 (i) by adding at the end the following

2 new section heading:

3 ‘‘§ 1317. Civil Aeromedical Institute’’; and

4 (ii) by inserting the text of section

5 106(j) as an undesignated paragraph under

6 such section heading.

7 (B) CHAPTER ANALYSIS AMENDMENT.—The

8 analysis for such chapter is amended by adding

9 after the item relating to section 1316 the follow10 ing:

‘‘1317. Civil Aeromedical Institute.’’.

11 (3) AUTHORIZATION OF APPROPRIATIONS FOR

12 FAA OPERATIONS.—

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

14 amended by—

15 (i) striking ‘‘(k) AUTHORIZATION OF

16 APPROPRIATIONS FOR OPERATIONS.—’’;

17 and

18 (ii) by striking ‘‘Secretary of Trans19 portation’’ and inserting ‘‘Federal Aviation

20 Administration’’.

21 (B) CONFORMING AMENDMENT.—Effective

22 September 30, 1996, section 106, as amended by

23 this subsection, and the item relating to section

24 106 in the analysis for chapter 1 are repealed.
50

•HR 2276 RH

1 (b) GENERAL DUTIES AND POWERS OF THE DEPART2 MENT OF TRANSPORTATION.—

3 (1) LEADERSHIP, CONSULTATION, AND COOPERA4 TION.—Section 301(6) is amended by striking ‘‘, with

5 particular attention to aircraft noise, and including’’

6 and inserting ‘‘and’’.

7 (2) POLICY ON LANDS, WILDLIFE AND WATER8 FOWL REFUGES, AND HISTORIC SITES.—Section 303

9 is amended—

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

11 Federal Aviation Administration’’ after ‘‘of

12 Transportation’’; and

13 (B) in subsection (c) by inserting ‘‘and Ad14 ministration’’ after ‘‘Secretary’’.

15 (3) REPORTS.—Section 308(b) is amended—

16 (A) by striking ‘‘Secretary’’ the 1st place it

17 appears and inserting ‘‘Federal Aviation

18 Board’’;

19 (B) by striking ‘‘Department’’ and inserting

20 ‘‘Federal Aviation Administration’’; and

21 (C) by striking ‘‘Secretary’’ the 2nd and

22 3rd places it appears and inserting ‘‘Board’’.

23 (4) MEMBERS OF THE ARMED FORCES.—Section

24 324 is amended—
51

•HR 2276 RH

1 (A) by striking subsection (a) and inserting

2 the following:

3 ‘‘(a) IN GENERAL.—

4 ‘‘(1) FAA.—The Federal Aviation Administra5 tion, to ensure that national defense interests are safe6 guarded properly and that the Administration is ad7 vised properly about the needs and special problems

8 of the armed forces, shall provide for participation of

9 members of the armed forces in carrying out the du10 ties and powers of the Administration related to the

11 regulation and protection of air traffic, including

12 providing for, and research and development of, air

13 navigation facilities, and the allocation of airspace.

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

15 Secretary of Transportation may provide for partici16 pation of members of the armed forces in carrying out

17 other duties and powers of the Secretary.’’; and

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

19 ‘‘Transportation’’ each place it appears the fol20 lowing: ‘‘or Federal Aviation Administration’’.

21 (5) JUDICIAL REVIEW.—Section 351(a) is

22 amended—

23 (A) by striking ‘‘An’’ and inserting ‘‘Subject

24 to section 1335, an’’; and
52

•HR 2276 RH

1 (B) by striking ‘‘, the Federal Highway Ad2 ministration, or the Federal Aviation Adminis3 tration’’ and inserting ‘‘or the Federal Highway

4 Administration’’.

5 (6) AUTHORITY TO CARRY OUT CERTAIN TRANS6 FERRED DUTIES AND POWERS.—Section 352 is

7 amended by striking ‘‘, the Federal Highway Admin8 istration, and the Federal Aviation Administration’’

9 and inserting ‘‘and the Federal Highway Administra10 tion’’.

11 (7) TOXICOLOGICAL TESTING.—Section 353(a) is

12 amended—

13 (A) by inserting before ‘‘conducts’’ the fol14 lowing: ‘‘or the Federal Aviation Administra15 tion’’;

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

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

18 and

19 (C) by inserting before ‘‘shall’’ each place it

20 appears ‘‘or Chief Executive Officer of the Ad21 ministration’’.

22 (c) FUNCTIONS OF FAA.—

23 (1) NATIONAL TRANSPORTATION SAFETY

24 BOARD.—
53

•HR 2276 RH

1 (A) DISCLOSURE OF DRUG TEST INFORMA2 TION TO NTSB.—Section 1114(d)(1) is amend3 ed—

4 (i) by inserting before ‘‘shall’’ the fol5 lowing: ‘‘and the Federal Aviation Adminis6 tration’’;

7 (ii) in subparagraph (A) by inserting

8 before ‘‘under post-accident’’ the following:

9 ‘‘or the Administration’’; and

10 (iii) in subparagraph (A) by inserting

11 before ‘‘, when’’ the following: ‘‘or the Ad12 ministration’’.

13 (B) INVESTIGATION OF CERTAIN ACCI14 DENTS.—Section 1131(c)(1) is amended by in15 serting ‘‘or the Federal Aviation Administration,

16 as the case may be,’’ after ‘‘Transportation’’.

17 (C) CIVIL AIRCRAFT ACCIDENT INVESTIGA18 TIONS.—Section 1132 is amended—

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

20 striking ‘‘SECRETARY’’ and inserting ‘‘FED21 ERAL AVIATION ADMINISTRATION’’;

22 (ii) in subsection (c) by striking ‘‘Sec23 retary of Transportation’’ and inserting

24 ‘‘Federal Aviation Administration’’;
54

•HR 2276 RH

1 (iii) in subsection (c) by striking ‘‘Sec2 retary’’ the 2nd and 3rd places it appears

3 and inserting ‘‘Administration’’; and

4 (iv) in subsection (d) by striking ‘‘Sec5 retary’’ each place it appears and inserting

6 ‘‘Administration’’.

7 (D) REVIEW OF OTHER AGENCY ACTION.—

8 Section 1133(1) is amended by striking ‘‘Sec9 retary of Transportation’’ and inserting ‘‘Fed10 eral Aviation Administration’’.

11 (E) RESPONSES TO SAFETY RECOMMENDA12 TIONS.—Section 1135 is amended—

13 (i) by striking the section heading and

14 inserting the following:

15 ‘‘§ 1135. DOT’s and FAA’s responses to safety rec16 ommendations’’;

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

18 ‘‘Secretary of Transportation’’ the following:

19 ‘‘or the Federal Aviation Administration’’;

20 (iii) in subsection (a) by inserting ‘‘or

21 the Administration’’ after ‘‘Secretary’’ the

22 2nd and 3rd places it appears;

23 (iv) in subsection (d) by striking

24 ‘‘shall’’ and inserting ‘‘and the Administra25 tion shall each’’;
55

•HR 2276 RH

1 (v) in subsection (d) by inserting before

2 ‘‘during’’ the following: ‘‘or Administra3 tion’’; and

4 (vi) in subsection (d) by inserting after

5 ‘‘Secretary’s’’ the following: ‘‘or Administra6 tion’s’’.

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

8 amended—

9 (i) in the subsection heading by strik10 ing ‘‘ADMINISTRATOR’’ and inserting ‘‘AD11 MINISTRATION’’;

12 (ii) by striking ‘‘the Administrator of’’;

13 and

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

15 second and third places it appears and in16 serting ‘‘Administration’’.

17 (G) CONFORMING AMENDMENT.—The analy18 sis to chapter 11 is amended by striking the item

19 relating to section 1135 and inserting the follow20 ing:

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

21 (2) INTERMODAL TRANSPORTATION ADVISORY

22 BOARD.—Section 5502(b) is amended to read as fol23 lows:

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

25 ‘‘(1) the Secretary, who serves as chairman;
56

•HR 2276 RH

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

2 Aviation Administration or the Chief Executive Offi3 cer’s designee; and

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

5 designee, of—

6 ‘‘(A) the Federal Highway Administration;

7 ‘‘(B) the Maritime Administration;

8 ‘‘(C) the Federal Railroad Administration;

9 and

10 ‘‘(D) the Federal Transit Administration.’’.

11 (3) GENERAL PROVISIONS RELATING TO AIR

12 COMMERCE AND SAFETY.—

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

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

15 ‘‘Secretary of Transportation’’ the following:

16 ‘‘and the Federal Aviation Administration’’;

17 (ii) in subsection (c) by striking ‘‘Ad18 ministrator of the’’; and

19 (iii) in subsection (d) by striking ‘‘Ad20 ministrator’’ and inserting ‘‘Administra21 tion’’.

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

23 amended—

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

25 striking ‘‘the Administrator of’’;
57

•HR 2276 RH

1 (ii) in paragraph (20) by striking

2 ‘‘Administrator’’ and inserting ‘‘Federal

3 Aviation Administration’’; and

4 (iii) by moving the second sentence of

5 paragraph (37) 2 ems to the left.

6 (C) SOVEREIGNTY AND USE OF AIR

7 SPACE.—Section 40103 is amended—

8 (i) in subsection (a)(2) by inserting

9 after ‘‘Secretary of Transportation’’ the fol10 lowing: ‘‘and the Federal Aviation Adminis11 tration’’; and

12 (ii) in subsection (b)—

13 (I) by striking ‘‘Administrator of

14 the’’; and

15 (II) by striking ‘‘Administrator’’

16 each place it appears after the first

17 and inserting ‘‘Administration’’.

18 (D) PROMOTION OF CIVIL AERONAUTICS

19 AND AIR COMMERCE.—Section 40104 is amend20 ed—

21 (i) in subsection (a) by striking ‘‘Ad22 ministrator of the’’;

23 (ii) in subsection (a) by striking ‘‘Ad24 ministrator’’ each place it appears after the

25 first and inserting ‘‘Administration’’; and
58

•HR 2276 RH

1 (iii) in subsection (b) by striking ‘‘Sec2 retary of Transportation’’ and inserting

3 ‘‘Administration’’.

4 (E) INTERNATIONAL NEGOTIATIONS, AGREE5 MENTS, AND OBLIGATIONS.—Section 40105 is

6 amended—

7 (i) in subsection (a) by striking ‘‘Ad8 ministrator of the’’;

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

10 striking ‘‘ADMINISTRATOR’’ and inserting

11 ‘‘ADMINISTRATION’’;

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

13 ‘‘Administrator’’ and inserting ‘‘Adminis14 tration’’; and

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

16 before the semicolon ‘‘and the Federal Avia17 tion Administration’’.

18 (F) EMERGENCY POWERS.—Section 40106

19 is amended—

20 (i) in subsection (a)—

21 (I) in paragraph (1) by striking

22 ‘‘Administrator of the’’; and

23 (II) in paragraph (2) by striking

24 ‘‘Administrator’’ and inserting ‘‘Ad25 ministration’’; and
59

•HR 2276 RH

1 (ii) in subsection (b)(2) by inserting

2 after ‘‘Secretary of Transportation’’ the fol3 lowing: ‘‘or the Federal Aviation Adminis4 tration’’.

5 (G) PRESIDENTIAL TRANSFERS.—Section

6 40107 is amended—

7 (i) in subsection (a) by striking ‘‘Ad8 ministrator of the’’; and

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

10 place it appears after the first and inserting

11 ‘‘Administration’’.

12 (H) TRAINING SCHOOLS.—Section 40108 is

13 amended—

14 (i) in subsection (a) by striking ‘‘Ad15 ministrator of the’’; and

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

17 place it appears after the first and inserting

18 ‘‘Administration’’.

19 (I) AUTHORITY TO EXEMPT.—Section

20 40109(b) is amended—

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

22 and

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

24 second place it appears and inserting ‘‘Ad25 ministration’’.
60

•HR 2276 RH

1 (J) GENERAL PROCUREMENT AUTHORITY.—

2 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 of’’;

11 (iv) in subsection (b)(2)(E) by striking

12 ‘‘Administrator of the’’; and

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

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

16 (K) MULTIYEAR PROCUREMENT CONTRACTS

17 FOR SERVICES AND RELATED ITEMS.—Section

18 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’’.

24 (L) MULTIYEAR PROCUREMENT CONTRACTS

25 FOR PROPERTY.—Section 40112 is amended—
61

•HR 2276 RH

1 (i) in subsection (a) by striking ‘‘Ad2 ministrator of the’’;

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

4 by striking ‘‘Administrator’’ each place it

5 appears and inserting ‘‘Administration’’;

6 and

7 (iii) by adding at the end the follow8 ing:

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

10 shall not be effective to the extent they are inconsistent with

11 the acquisition management system being implemented

12 under section 1334.’’.

13 (M) ADMINISTRATIVE.—Section 40113 is

14 amended—

15 (i) in subsection (a) by striking ‘‘(or

16 the Administrator of’’ and inserting ‘‘and’’;

17 (ii) in subsection (a) by striking ‘‘Ad18 ministrator)’’ and inserting ‘‘Administra19 tion’’;

20 (iii) in subsection (a) by striking ‘‘Ad21 ministrator’’ the last place it appears and

22 inserting ‘‘Administration’’;

23 (iv) in subsection (b) by striking ‘‘has’’

24 the 1st place it appears and inserting ‘‘and

25 the Administration have’’;
62

•HR 2276 RH

1 (v) in subsection (c) by striking ‘‘The

2 Secretary’’ and all that follows through

3 ‘‘Administrator)’’ and inserting ‘‘In carry4 ing out aviation safety functions, duties,

5 and powers, the Federal Aviation Adminis6 tration’’;

7 (vi) in subsection (c) by striking ‘‘to

8 assist the Secretary or Administrator of’’

9 and inserting ‘‘to assist’’;

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

12 (viii) in subsection (d) by striking

13 ‘‘Administrator’’ the last place it appears

14 and inserting ‘‘Administration’’;

15 (ix) in subsection (e) by striking ‘‘Ad16 ministrator’’ each place it appears and in17 serting ‘‘Administration’’; and

18 (x) by adding at the end the following:

19 ‘‘(f) EXEMPTIONS.—

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

21 issuing any regulation or granting any exemption to

22 a regulation issued under this chapter that affects the

23 transportation of hazardous materials by air, the Sec24 retary shall provide the Administration an oppor25 tunity for review, and the Administration may dis-
63

•HR 2276 RH

1 approve such action if the Administration determines

2 that there would be an adverse effect on aviation safe3 ty.

4 ‘‘(2) PROPOSED CHANGES.—The Administration

5 may, in the interest of aviation safety, propose to the

6 Secretary regulatory changes affecting the transpor7 tation of hazardous materials by air.

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

9 violations of this chapter or of any regulations issued

10 under this chapter that affect the transportation of

11 hazardous materials by air shall be brought by the

12 Administration.’’.

13 (N) REPORTS AND RECORDS.—Section

14 40114 is amended—

15 (i) in subsection (a)(1) by striking ‘‘(or

16 the Administrator of’’ and inserting ‘‘and’’;

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

18 ‘‘Administrator)’’ and inserting ‘‘Adminis19 tration’’;

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

21 ‘‘Administrator’’ the last place it appears

22 and inserting ‘‘Administration’’;

23 (iv) in subsection (a)(2) by striking

24 ‘‘(or the Administrator’’ and inserting ‘‘and

25 the Administration’’;
64

•HR 2276 RH

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

2 ‘‘Administrator)’’ and inserting ‘‘Adminis3 tration’’; and

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

5 ‘‘Administrator’’ the last 2 places it appears

6 and inserting ‘‘Administration’’.

7 (O) WITHHOLDING INFORMATION.—Section

8 40115(a) is amended by inserting after ‘‘Sec9 retary of Transportation’’ each place it appears

10 the following: ‘‘or Federal Aviation Administra11 tion’’.

12 (P) PASSENGER FACILITY FEES.—Section

13 40117 is amended—

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

15 ‘‘Secretary of Transportation’’ and insert16 ing ‘‘Federal Aviation Administration’’;

17 and

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

19 striking ‘‘Secretary’’ each place it appears

20 and inserting ‘‘Administration’’.

21 (Q) SECURITY AND RESEARCH AND DEVEL22 OPMENT ACTIVITIES.—Section 40119 is amend23 ed—

24 (i) in subsection (a) by striking ‘‘Ad25 ministrator of the’’; and
65

•HR 2276 RH

1 (ii) in subsections (b) and (c) by strik2 ing ‘‘Administrator’’ each place it appears

3 and inserting ‘‘Administration’’.

4 (4) NAVIGATION OF FOREIGN CIVIL AIRCRAFT.—

5 Section 41703 is amended—

6 (A) in subsection (a)(3) by inserting ‘‘, after

7 consultation with the Federal Aviation Adminis8 tration,’’ after ‘‘Secretary of Transportation’’;

9 and

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

11 consultation with the Federal Aviation Adminis12 tration,’’ after ‘‘Secretary’’ the 2nd place it ap13 pears.

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

15 (A) in subsection (a)(1) by striking ‘‘Sec16 retary of Transportation’’ and inserting ‘‘Fed17 eral Aviation Administration’’;

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

19 (b)(1), (b)(2), (c), (d), (f), and (g) by striking

20 ‘‘Secretary’’ and ‘‘SECRETARY’’ each place they

21 appear and inserting ‘‘Administration’’ and

22 ‘‘ADMINISTRATION’’, respectively;

23 (C) in subsection (b)(3) by striking ‘‘Sec24 retary’’ the first place it appears and inserting

25 ‘‘Administration’’;
66

•HR 2276 RH

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

2 ‘‘Secretary’’ the second place it appears the fol3 lowing: ‘‘of Transportation’’;

4 (E) in subsection (h)(2) by striking ‘‘Ad5 ministrator’’ and inserting ‘‘Administration’’;

6 and

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

8 ‘‘(i) CONSULTATION WITH DOT.—In making deter9 minations with respect to essential air service, exceptional

10 circumstances, and the public interest, the Administration

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

12 (6) REGISTRATION AND RECORDATION OF AIR13 CRAFT.—Chapter 441 (other than section 44109) is

14 amended—

15 (A) by striking ‘‘Administrator of the’’ each

16 place it appears;

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

18 it appears (other than a place to which subpara19 graph (A) applies and the 3rd place it appears

20 in section 44111(d)) and inserting ‘‘Administra21 tion’’; and

22 (C) in section 44102(b) by striking ‘‘Sec23 retary of Transportation’’ and inserting ‘‘Fed24 eral Aviation Administration’’.

25 (7) INSURANCE.—Chapter 443 is amended—
67

•HR 2276 RH

1 (A) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears and inserting

3 ‘‘Federal Aviation Administration’’; and

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

5 appears (other than a place to which subpara6 graph (A) applies, the 2nd, 3rd, and 5th places

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

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

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

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

11 ‘‘Administration’’.

12 (8) FACILITIES, PERSONNEL, AND RESEARCH.—

13 Chapter 445 is amended—

14 (A) by striking ‘‘Administrator of the’’ each

15 place it appears (other than the 1st place it ap16 pears in section 44501(c)(2)(B) and the last

17 place it appears in section 44502(c)(1));

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

19 it appears (other than a place to which subpara20 graph (A) applies, the 1st place it appears in

21 section 44501(c)(2)(B), the last place it appears

22 in section 44502(c), and in section 44507(3))

23 and inserting ‘‘Administration’’;

24 (C) in section 44506(b) by striking ‘‘Ad25 ministrators of the Federal Aviation Administra-
68

•HR 2276 RH

1 tion and’’ and inserting ‘‘Federal Aviation Ad2 ministration and the Administrator of the’’;

3 (D) in section 44506(c) by striking ‘‘De4 partment of Transportation’’ and inserting ‘‘Ad5 ministration’’;

6 (E) in section 44506(d) by striking ‘‘Public

7 Works and Transportation’’ and inserting

8 ‘‘Transportation and Infrastructure’’;

9 (F) in section 44507—

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

11 ‘‘1317’’; and

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

13 paragraph (3) and inserting ‘‘the Federal

14 Aviation Board’’;

15 (G) in section 44514(b) by striking ‘‘Sec16 retary and the’’;

17 (H) by striking ‘‘Secretary of Transpor18 tation’’ each place it appears and inserting

19 ‘‘Federal Aviation Administration’’; and

20 (I) by striking ‘‘Secretary’’ each place it ap21 pears (other than in sections 44501(b)(1)(B),

22 44502(c)(1), and 44505(a)(3) and a place to

23 which subparagraphs (G) and (H) apply) and

24 inserting ‘‘Administration’’.
69

•HR 2276 RH

1 (9) SAFETY REGULATION.—Chapter 447 is

2 amended—

3 (A) by striking ‘‘Administrator of the’’ each

4 place it appears (other than the 2nd place it ap5 pears in section 44714, the 2nd place it appears

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

7 10th, and 11th places it appears in section

8 44715(c), the 1st and 3rd places it appears in

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

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

11 it appears in section 44715(e), and the 2nd, 4th,

12 and 6th places it appears in section 44715(f));

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

14 it appears (other than a place to which subpara15 graph (A) applies, the 3rd place it appears in

16 section 44703(f)(2), the 3rd place it appears in

17 section 44713(d)(2), the 2nd place it appears in

18 section 44714, the 2nd place it appears in sec19 tion 44715(a)(2), the 1st, 4th, 7th, 9th, 10th, and

20 11th places it appears in section 44715(c), the

21 1st and 3rd places it appears in section

22 44715(d)(1), the 2nd place it appears in section

23 44715(d)(2), the 1st, 3rd, and 5th places it ap24 pears in section 44715(e), the 2nd, 4th, and 6th

25 places it appears in section 44715(f), and in sec-
70

•HR 2276 RH

1 tion 44720(b)(2)) and inserting ‘‘Administra2 tion’’;

3 (C) in section 44702(d)(3) by striking ‘‘Ad4 ministrator’s’’ and inserting ‘‘Administration’s’’;

5 (D) in the subsection heading to section

6 44709(b) by striking ‘‘ADMINISTRATOR’’ and in7 serting ‘‘ADMINISTRATION’’;

8 (E) in section 44720(b)(2) by striking ‘‘Ad9 ministrator’’ each place it appears and inserting

10 ‘‘Federal Aviation Administration’’;

11 (F) by striking ‘‘Secretary of Transpor12 tation’’ each place it appears (other than in sec13 tions 44712(b)(2) and 44723) and inserting

14 ‘‘Federal Aviation Administration’’;

15 (G) in section 44723 by striking ‘‘Secretary

16 of Transportation’’ and inserting ‘‘Federal Avia17 tion Board’’; and

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

19 appears (other than in sections 44712(b)(2) and

20 44720 and a place to which subparagraph (F) or

21 (G) applies) and inserting ‘‘Administration’’.

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

23 (A) by striking ‘‘Administrator of the’’ each

24 place it appears;
71

•HR 2276 RH

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

2 it appears (other than a place to which subpara3 graph (A) applies, the 1st two places it appears

4 in section 44932(a), the 1st place it appears in

5 section 44932(b), the 1st place it appears in sec6 tion 44932(c), the 5th place it appears in section

7 44933(a), and each place it appears in section

8 44934(b)) and inserting ‘‘Administration’’;

9 (C) in section 44933(b)(4) by striking ‘‘Ad10 ministrator’s’’ and inserting ‘‘Administration’s’’;

11 (D) by striking the heading for section

12 44932 and inserting ‘‘Civil aviation secu13 rity’’;

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

15 44932 and redesignating subsections (b) and (c)

16 as subsections (a) and (b), respectively;

17 (F) in section 44932(a), as redesignated by

18 subparagraph (E), by striking ‘‘Assistant Ad19 ministrator’’ and inserting ‘‘officer designated by

20 the Chief Executive Officer of the Federal Avia21 tion Administration’’;

22 (G) in section 44932(b), as redesignated by

23 subparagraph (E), by striking ‘‘Assistant Ad24 ministrator’’ and inserting ‘‘Administration’’;
72

•HR 2276 RH

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

2 striking ‘‘Assistant Administrator for Civil Avia3 tion Security’’ and inserting ‘‘officer designated

4 by the Chief Executive Officer of the Administra5 tion’’;

6 (I) in section 44934(b)(1) by striking ‘‘As7 sistant Administrator’’ and inserting ‘‘Adminis8 tration’’;

9 (J) by striking ‘‘Secretary of Transpor10 tation’’ each place it appears (other than in sec11 tions 44903(b)(1), 44907(d)(1)(C), 44907(d)(3),

12 44907(e), 44907(f), 44911(b), 44912(a)(3),

13 44931, and 44938(a)) and inserting ‘‘Federal

14 Aviation Administration’’;

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

16 appears (other than a place to which subpara17 graph (J) applies, the 1st place it appears in

18 section 44903(d), in section 44903(b)(1), the 2nd

19 place it appears in section 44907(b), the 3rd

20 place it appears in section 44907(c), in section

21 44907(d)(1)(C), the 3rd place it appears in sec22 tion 44907(d)(2)(A)(ii), the 2nd and 3rd places

23 it appears in section 44907(d)(2)(B), in section

24 44907(d)(3), the 2nd place it appears in section

25 44907(d)(4), in sections 44907(e) and 44907(f),
73

•HR 2276 RH

1 the 4th place it appears in section 44908(a), the

2 1st place it appears in section 44908(b), the 2nd

3 place it appears in section 44909(a), and in sec4 tions 44910, 44911, 44912(a)(3), 44931, 44934,

5 and 44938(a)) and inserting ‘‘Administration’’;

6 (L) in section 44905(g) by striking ‘‘De7 partment of Transportation’’ and inserting

8 ‘‘Federal Aviation Administration’’;

9 (M) in sections 44907(d)(1)(C),

10 44907(d)(3), 44907(e), and 44907(f) by inserting

11 ‘‘or Federal Aviation Administration’’ after ‘‘of

12 Transportation’’;

13 (N) in section 44907(d)(3) by inserting ‘‘or

14 Administration’’ after ‘‘Secretary’’ the 2nd place

15 it appears; and

16 (O) in the chapter analysis by striking the

17 item relating to section 44932 and inserting the

18 following:

‘‘44932. Civil aviation security.’’.

19 (11) ALCOHOL AND CONTROLLED SUBSTANCES

20 TESTING.—Chapter 451 is amended—

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

22 place it appears; and

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

24 it appears (other than a place to which subpara-
74

•HR 2276 RH

1 graph (A) applies) and inserting ‘‘Administra2 tion’’.

3 (12) FEES.—Chapter 453 is amended—

4 (A) by striking ‘‘Administrator of the’’ each

5 place it appears;

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

7 it appears (other than a place to which subpara8 graph (A) applies) and inserting ‘‘Administra9 tion’’;

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

11 ‘‘Secretary of Transportation’’ the following:

12 ‘‘and the Federal Aviation Administration, as

13 the case may be,’’; and

14 (D) in section 45301(c)(4) by striking ‘‘Ad15 ministrator’s’’ and inserting ‘‘Administration’s’’.

16 (13) INVESTIGATIONS AND PROCEEDINGS.—

17 Chapter 461 is amended—

18 (A) in sections 46101(a)(1), 46102(a),

19 46103(a)(1), and 46104(a)—

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

21 of’’ and inserting ‘‘(or’’; and

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

23 inserting ‘‘Administration)’’;

24 (B) by striking ‘‘Administrator of the’’ each

25 place it appears (other than a place to which
75

•HR 2276 RH

1 subparagraph (A)(i) applies and in section

2 46101(b));

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

4 it appears (other than a place to which subpara5 graph (A) or (B) applies) and inserting ‘‘Ad6 ministration’’;

7 (D) in section 46109 by inserting ‘‘or the

8 Federal Aviation Administration’’ after ‘‘Trans9 portation’’; and

10 (E) in the subsection heading to section

11 46107(c) by striking ‘‘ADMINISTRATOR’’ and in12 serting ‘‘ADMINISTRATION’’.

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

14 (A) in section 46301(c)—

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

16 after ‘‘transportation’’ in paragraph (1)(D);

17 (ii) by redesignating paragraph (2) as

18 paragraph (3);

19 (iii) by inserting after paragraph (1)

20 the following:

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

22 Aviation Administration may impose a civil penalty

23 for violations under subsection (a)(1) of this section

24 related to the transportation by air of hazardous ma-
76

•HR 2276 RH

1 terial only after notice and an opportunity for a

2 hearing.’’;

3 (iv) by inserting ‘‘or Administration,

4 as appropriate,’’ after ‘‘Secretary’’ in para5 graph (3), as so redesignated; and

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

7 such paragraph (3).

8 (B) in section 46301(d)(2) by striking ‘‘Ad9 ministrator of the’’;

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

11 46301—

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

13 place it appears (other than a place to

14 which subparagraph (A) applies) and in15 serting ‘‘Administration’’; and

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

17 it appears and inserting ‘‘Administration’’;

18 (D) in section 46301(f) by inserting ‘‘or Ad19 ministration, as the case may be,’’ after ‘‘Sec20 retary’’;

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

22 an order of the Administration’’ before ‘‘impos23 ing’’;
77

•HR 2276 RH

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 Transpor9 tation’’ and inserting ‘‘Federal Aviation

10 Administration’’; and

11 (ii) by striking ‘‘Administrator of the’’;

12 (I) in section 46304—

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

14 and

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

16 place it appears (other than a place to

17 which clause (i) applies) and inserting ‘‘Ad18 ministration’’;

19 (J) in section 46306 by striking ‘‘Adminis20 trator of the’’ each place it appears;

21 (K) in section 46308(2) by striking ‘‘Ad22 ministrator of the’’;

23 (L) in section 46311—

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

25 and
78

•HR 2276 RH

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

2 place it appears (other than a place to

3 which clause (i) applies) and inserting ‘‘Ad4 ministration’’;

5 (M) in section 46313—

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

7 and

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

9 2nd place it appears and inserting ‘‘Admin10 istration’’;

11 (N) in section 46315(b)(1) by striking ‘‘Ad12 ministrator of the’’; and

13 (O) in section 46316(a)—

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

15 and

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

17 2nd place it appears and inserting ‘‘Admin18 istration’’.

19 (15) SPECIAL AIRCRAFT JURISDICTION OF UNIT20 ED STATES.—Section 46505(d)(2) is amended by

21 striking ‘‘Administrator of the’’.

22 (16) AIRPORT DEVELOPMENT.—Chapter 471 is

23 amended—

24 (A) by striking ‘‘Secretary of Transpor25 tation’’ each place it appears (other than in sec-
79

•HR 2276 RH

1 tion 47102(1)(A)) and inserting ‘‘Federal Avia2 tion Administration’’;

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

4 appears (other than a place to which subpara5 graph (A) applies, in sections 47101(h),

6 47102(1)(A), 47102(1)(B)(i), 47103(a), 47103(c),

7 47106(c)(2), 47107(j)(4), 47110(e), and

8 47112(b), and the 2nd and 3rd places it appears

9 in section 47153(b)) and inserting ‘‘Administra10 tion’’;

11 (C) in section 47106(c)(1)(B)(ii) by insert12 ing ‘‘of the Environmental Protection Agency’’

13 after ‘‘Administrator’’;

14 (D) in section 47106(c)(2) by striking ‘‘Sec15 retary’’ and inserting ‘‘Federal Aviation Admin16 istration’’;

17 (E) in sections 47106(c)(3) and

18 47110(d)(2)(B) by striking ‘‘Secretary’s’’ and in19 serting ‘‘Administration’s’’;

20 (F) in section 47107(k) by striking ‘‘Public

21 Works and Transportation’’ and inserting

22 ‘‘Transportation and Infrastructure’’;

23 (G) in section 47110(e)—

24 (i) by striking ‘‘Secretary’’ each place

25 (other than the 2nd and 6th places) it ap-
80

•HR 2276 RH

1 pears and inserting ‘‘Federal Aviation

2 Board’’; and

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

4 and 6th places it appears and inserting

5 ‘‘Federal Aviation Administration’’;

6 (H) in the heading for each of sections

7 47117(h), 47129(a)(3), and 47129(c) by striking

8 ‘‘SECRETARY’’ and inserting ‘‘ADMINISTRATION’’;

9 (I) in the subsection heading for section

10 47129(a) by striking ‘‘SECRETARY’S’’ and insert11 ing ‘‘ADMINISTRATION’S’’; and

12 (J) in section 47130 by striking ‘‘Adminis13 trator of the’’.

14 (17) INTERNATIONAL AIRPORT FACILITIES.—

15 Chapter 473 is amended—

16 (A) in section 47302—

17 (i) by striking ‘‘Secretary of Transpor18 tation’’ in subsection (a)(1) and inserting

19 ‘‘Federal Aviation Administration’’; and

20 (ii) by striking ‘‘Secretary of Trans21 portation or’’ in subsection (c) and insert22 ing ‘‘Federal Aviation Administration or

23 the Secretary of’’;

24 (B) in section 47303—
81

•HR 2276 RH

1 (i) by striking ‘‘Secretary of Transpor2 tation or’’ and inserting ‘‘Federal Aviation

3 Administration or the Secretary of’’; and

4 (ii) in paragraph (1) by striking ‘‘Sec5 retary’’ and inserting ‘‘agency head’’;

6 (C) in section 47304—

7 (i) by striking ‘‘Secretary of Transpor8 tation or’’ in subsection (a) and inserting

9 ‘‘Federal Aviation Administration or the

10 Secretary of’’;

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

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

13 and inserting ‘‘agency head’’;

14 (iii) by striking ‘‘Secretary of Trans15 portation’’ the 1st place it appears in sub16 section (b) and inserting ‘‘Federal Aviation

17 Administration’’;

18 (iv) by striking ‘‘Secretary of Trans19 portation or’’ in subsection (b)(2) and in20 serting ‘‘Chief Executive Officer of the Fed21 eral Aviation Administration or the Sec22 retary of’’;

23 (v) by striking ‘‘Secretary of Transpor24 tation’’ each place it appears in subsection
82

•HR 2276 RH

1 (c) and inserting ‘‘Federal Aviation Admin2 istration’’; and

3 (vi) by striking ‘‘Secretary of Trans4 portation or’’ in subsection (d)(2) and in5 serting ‘‘Chief Executive Officer of the Fed6 eral Aviation Administration or the Sec7 retary of’’;

8 (D) in section 47305—

9 (i) by striking ‘‘Secretary of Transpor10 tation’’ in subsection (a) and inserting

11 ‘‘Federal Aviation Administration’’;

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

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

14 and inserting ‘‘agency head’’; and

15 (iii) by striking ‘‘Secretary of Trans16 portation or’’ in subsection (b) and insert17 ing ‘‘Chief Executive Officer of the Federal

18 Aviation Administration or the Secretary

19 of’’; and

20 (E) in section 47306 by striking ‘‘Secretary

21 of Transportation’’ and inserting ‘‘Federal Avia22 tion Administration’’.

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

24 (A) by striking ‘‘Administrator of the’’ each

25 place it appears (other than the 1st place it ap-
83

•HR 2276 RH

1 pears in section 47502, the 2nd place it appears

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

3 section 47509(c), the 2nd place it appears in sec4 tion 47509(d), and the 2nd place it appears in

5 section 47509(e));

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

7 it appears (other than a place to which subpara8 graph (A) applies, the 1st place it appears in

9 section 47502, the 2nd place it appears in sec10 tion 47509(a), the 2nd place it appears in sec11 tion 47509(c), the 2nd place it appears in sec12 tion 47509(d), and the 2nd place it appears in

13 section 47509(e)) and inserting ‘‘Administra14 tion’’;

15 (C) by striking ‘‘Secretary of Transpor16 tation’’ each place it appears and inserting

17 ‘‘Federal Aviation Administration’’; and

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

19 appears (other than a place to which subpara20 graph (C) applies) and inserting ‘‘Administra21 tion’’.

22 (19) FINANCING.—Chapter 481 (other than sec23 tion 48109) is amended—

24 (A) by striking ‘‘Administrator of the’’ each

25 place it appears;
84

•HR 2276 RH

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

2 it appears (other than a place to which subpara3 graph (A) applies) and inserting ‘‘Administra4 tion’’;

5 (C) by striking ‘‘Secretary of Transpor6 tation’’ each place it appears and inserting

7 ‘‘Federal Aviation Administration’’;

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

9 appears (other than a place to which subpara10 graph (C) applies and the 1st place it appears

11 in section 48105) and inserting ‘‘Administra12 tion’’;

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

14 ‘‘Public Works and Transportation’’ and insert15 ing ‘‘Transportation and Infrastructure’’; and

16 (F) in section 48108(b)(2) by striking ‘‘De17 partment of Transportation’’ and inserting

18 ‘‘Federal Aviation Administration’’.

19 (20) MISCELLANEOUS.—Chapter 491 is amend20 ed—

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

22 place it appears;

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

24 it appears (other than a place to which subpara-
85

•HR 2276 RH

1 graph (A) applies) and inserting ‘‘Administra2 tion’’;

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

5 ‘‘Federal Aviation Administration’’; and

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

7 appears (other than a place to which subpara8 graph (C) applies and in section 49103(b)(1))

9 and inserting ‘‘Administration’’.

10 (21) COMMERCIAL SPACE LAUNCH ACTIVITIES.—

11 Subtitle IX is amended—

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

14 ‘‘Federal Aviation Administration’’;

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

16 appears (other than a place to which subpara17 graph (A) applies, the 1st place it appears in

18 section 70109(a), the 2nd place it appears in

19 each of sections 70109(b), 70109(c), 70112(a)(2),

20 and 70112(b)(2), the 2nd and 3rd places it ap21 pears in each of sections 70116(a) and 70116(b),

22 in section 70117(b)(2), and the 2nd place it ap23 pears in each of sections 70303(b)(2) and

24 70304(a)) and inserting ‘‘Administration’’; and
86

•HR 2276 RH

1 (C) in the subsection heading to section

2 70111(c) by striking ‘‘SECRETARY’’ and insert3 ing ‘‘ADMINISTRATION’’.

4 (d) TITLE 5, UNITED STATES CODE.—

5 (1) EXECUTIVE SCHEDULE PAY RATES.—

6 (A) ADMINISTRATOR.—Section 5313 of title

7 5, United States Code, is amended by striking

8 ‘‘Administrator, Federal Aviation Administra9 tion.’’.

10 (B) DEPUTY ADMINISTRATOR.—Section

11 5315 of such title is amended by striking ‘‘Dep12 uty Administrator, Federal Aviation Adminis13 tration.’’.

14 (2) DEFINITIONS.—Section 2109 of title 5, Unit15 ed States Code, is amended—

16 (A) by striking ‘‘Department of Transpor17 tation’’ each place it appears and inserting

18 ‘‘Federal Aviation Administration’’; and

19 (B) by striking ‘‘Secretary of Transpor20 tation’’ and inserting ‘‘Chief Executive Officer of

21 the Federal Aviation Administration’’.

22 (3) EXPENSE OF TRAINING.—Section 4109(c) of

23 title 5, United States Code, is amended by striking

24 ‘‘Administrator, Federal Aviation Administration,’’

25 and inserting ‘‘Federal Aviation Administration’’.
87

•HR 2276 RH

1 (4) REDUCTION IN RETIREMENT PAY FOR

2 FORMER MEMBERS OF UNIFORM SERVICES.—Section

3 5532(f) of title 5, United States Code, is repealed.

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

5 United States Code, is amended—

6 (A) in the heading to section 5546a by

7 striking ‘‘the Federal Aviation Adminis8 tration and’’;

9 (B) in section 5546a(a) by striking ‘‘Ad10 ministrator of the Federal Aviation Administra11 tion (hereafter in this section referred to as the

12 ‘Administrator’) and the’’;

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

14 (e), and (f)(1) of section 5546a—

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

16 each place it appears; and

17 (ii) by striking ‘‘the Federal Aviation

18 Administration or’’ each place it appears;

19 (D) by striking ‘‘; and’’ at the end of section

20 5546a(a)(2) and inserting a period;

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

22 5446a(a);

23 (F) in section 5546a(f)—

24 (i) by striking ‘‘(1)’’; and

25 (ii) by striking paragraph (2); and
88

•HR 2276 RH

1 (G) in the item relating to section 5546a of

2 the analysis for such chapter by striking ‘‘the

3 Federal Aviation Administration and’’.

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

5 14, United States Code, is amended—

6 (1) in the heading to section 82 by striking

7 ‘‘Administrator of’’;

8 (2) in sections 81, 82, and 90(b) by striking ‘‘the

9 Administrator of’’ each place it appears;

10 (3) in section 90(b) by striking ‘‘Administrator

11 may’’ and inserting ‘‘Administration may’’; and

12 (4) in the item relating to section 82 of the anal13 ysis for such chapter by striking ‘‘Administrator of’’.

14 (f) ACCESS TO NATIONAL DRIVER REGISTER.—Section

15 30305(b)(3) of title 49, United States Code, is amended—

16 (1) by striking ‘‘the Administrator of’’; and

17 (2) by striking ‘‘Administrator’’ each place it

18 appears after the first and inserting ‘‘Administra19 tion’’.

20 (g) WOLF TRAP FARM PARK.—The Wolf Trap Farm

21 Park Act (16 U.S.C. 284–284j) is amended—

22 (1) in section 4(e)—

23 (A) by striking ‘‘Administrator of the’’; and
89

•HR 2276 RH

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

2 it appears after the first and inserting ‘‘Admin3 istration’’; and

4 (2) in section 8(b) by striking ‘‘Administrator of

5 the’’ each place it appears.

6 (h) CERTIFICATION OF FIREARMS.—Section

7 922(p)(5)(A) of title 18, United States Code, is amended

8 by striking ‘‘the Administrator of’’.

9 (i) NATIONAL AIR AND SPACE MUSEUM ADVISORY

10 BOARD.—Section 1(a) of the Act entitled ‘‘An Act to estab11 lish a national air museum, and for other purposes’’, ap12 proved August 12, 1946 (20 U.S.C. 77(a)), is amended by

13 striking ‘‘Administrator of the Federal’’ and all that follows

14 through the first succeeding comma and inserting ‘‘Chief

15 Executive Officer of the Federal Aviation Administration,’’.

16 (j) FEDERAL PROPERTY.—Section 602(d)(14) of the

17 Federal Property and Administrative Services Act of 1949

18 (40 U.S.C. 474(d)(14)) is amended by striking ‘‘Adminis19 trator of the’’ and all that follows through ‘‘or’’ and insert20 ing ‘‘Federal Aviation Administration or’’.

21 (k) NOISE CONTROL.—The Noise Control Act of 1972

22 (42 U.S.C. 4901–4918) is amended—

23 (1) in section 12(a)(2)(B) (42 U.S.C.

24 4911(a)(2)(B))—

25 (A) by striking ‘‘Administrator of the’’;
90

•HR 2276 RH

1 (B) by striking ‘‘611 of the Federal Avia2 tion Act of 1958’’ and inserting ‘‘44709(b)(1)(B)

3 or 44715 of title 49, United States Code,’’; and

4 (C) by striking ‘‘such Administrator’’ each

5 place it appears and inserting ‘‘such Adminis6 tration’’;

7 (2) in the last sentence of section 12(a) by strik8 ing ‘‘such Administrator’’ and inserting ‘‘the agency’’;

9 (3) in section 12(b)(1)(A) by striking ‘‘Adminis10 trator’’ the 2nd place it appears and inserting ‘‘Ad11 ministration’’;

12 (4) in sections 12(b)(1)(B) and 12(e) by striking

13 ‘‘Administrator’’ and inserting ‘‘agency’’;

14 (5) in section 12(c)—

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

16 2nd place it appears; and

17 (B) by striking ‘‘611 of the Federal Avia18 tion Act of 1958,’’ and inserting ‘‘44715 of title

19 49, United States Code,’’;

20 (6) in section 16(a) (42 U.S.C. 4915(a))—

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

22 2nd place it appears;

23 (B) by striking ‘‘611 of the Federal Avia24 tion Act of 1958’’ and inserting ‘‘44715 of title

25 49, United States Code,’’; and
91

•HR 2276 RH

1 (C) by striking ‘‘Administrator’’ the 3rd

2 place it appears and inserting ‘‘agency’’;

3 (7) in section 16(b)—

4 (A) by inserting ‘‘the Federal Aviation’’ be5 fore ‘‘Administration’’; and

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

7 it appears after the 1st and inserting ‘‘agency’’;

8 and

9 (8) in section 16(c) by striking ‘‘Administrator’’

10 and inserting ‘‘agency’’.

11 (l) PHASE-OUT OF HALON.—Section 604(d)(3) of the

12 Clean Air Act (42 U.S.C. 7671c(d)(3)) is amended by strik13 ing ‘‘Administrator of the’’ each place it appears.

14 SEC. 16. REFERENCES.

15 A reference in any law, regulation, document, record,

16 map, or other paper of the United States to the Secretary

17 of Transportation (and any reference to the Administrator

18 of the Federal Aviation Administration) with respect to a

19 function which under this Act (including the amendments

20 made by this Act) is made a function of the Federal Avia21 tion Administration established by section 1311 of title 49,

22 United States Code, shall be deemed to be a reference to

23 the Federal Aviation Administration established by such

24 section.
92

•HR 2276 RH

1 SEC. 17. EFFECTIVE DATE.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), this Act (including the amendments made by this Act)

4 shall take effect on the 90th day following the date of the

5 enactment of this Act.

6 (b) EXCEPTIONS.—Section 1312 of title 49, United

7 States Code, and section 8 of this Act shall take effect on

8 the date of the enactment of this Act. The amendments made

9 by section 15(d)(5) of this Act, relating to differential pay,

10 shall take effect on the date the Federal Aviation Board be11 gins implementation of the personnel management system

12 for the Federal Aviation Administration under section

13 1314(d)(2) of title 49, United States Code.

HR 2276 RH——2

HR 2276 RH——3

HR 2276 RH——4

HR 2276 RH——5

HR 2276 RH——6

HR 2276 RH——7