104TH CONGRESS

2D SESSION H. R. 2276

AN ACT

To establish the Federal Aviation Administration as

branch, and for other purposes.an independent establishment in the executive
104TH CONGRESS

2D SESSION H. R. 2276

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Federal Aviation Ad3 ministration Revitalization Act of 1995’’.

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

5 Except as otherwise expressly provided, whenever in

6 this Act an amendment or repeal is expressed in terms

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a

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

10 SEC. 3. ESTABLISHMENT OF FEDERAL AVIATION ADMINIS11 TRATION.

12 Subtitle II is amended by adding at the end the fol13 lowing:

14 ‘‘CHAPTER 13—FEDERAL AVIATION

15 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.
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1 ‘‘SUBCHAPTER I—GENERAL PROVISIONS

2 ‘‘§ 1301. Definitions

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

4 ‘‘(1) ADMINISTRATION.—The term ‘Administra5 tion’ means the Federal Aviation Administration es6 tablished by section 1311.

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

8 NAVIGATION FACILITY.—The terms ‘aeronautics’,

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

10 same meanings given those terms in section

11 40102(a) of this title.

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

13 term ‘Airport and Airway Trust Fund’ means the

14 Airport and Airway Trust Fund established by sec15 tion 9502 of the Internal Revenue Code of 1986.

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

17 Federal Aviation Board established by section 1312.

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

19 ‘Chief Executive Officer’ means the Chief Executive

20 Officer of the Federal Aviation Administration.

21 ‘‘SUBCHAPTER II—ORGANIZATION AND

22 ADMINISTRATIVE

23 ‘‘§ 1311. Establishment

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

25 independent establishment the Federal Aviation Adminis-
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1 tration. The Administration shall succeed the Federal

2 Aviation Administration of the Department of Transpor3 tation in existence on the day before the effective date of

4 this section.

5 ‘‘§ 1312. Federal Aviation Board

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

7 Aviation Board which shall serve as the head of the Ad8 ministration.

9 ‘‘(b) FUNCTIONS.—

10 ‘‘(1) IN GENERAL.—The Board shall be respon11 sible for the major policy functions of the Adminis12 tration, including the following:

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

14 Chief Executive Officer and the approval of

15 other senior officers of the Administration

16 under section 1313.

17 ‘‘(B) The approval and submission to Con18 gress of major contracts under section 1334(d).

19 ‘‘(C) The approval of major regulatory ac20 tions under section 1332(b).

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

22 under section 47110(e).

23 ‘‘(E) The approval and submission to Con24 gress of the Administration’s plans for person-
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1 nel management and acquisition management

2 programs under sections 1314 and 1334.

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

4 budget submission.

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

6 for the Administration.

7 ‘‘(H) The representation of the Adminis8 tration at public events to the extent prac9 ticable.

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

11 Board considers appropriate.

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

13 may not delegate the functions described in subpara14 graphs (A) through (F) of paragraph (1).

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

16 EXECUTIVE ORDER.—The Administration shall not

17 submit decisions for the approval of, and shall not

18 be bound by the decisions or recommendations of,

19 any committee, board, or other organization estab20 lished by Executive order.

21 ‘‘(c) MEMBERSHIP.—

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

23 composed of 3 voting members to be appointed by

24 the President, by and with the advice and consent

25 of the Senate. The initial members of the Board
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1 shall be appointed as soon as practicable after the

2 date of the enactment of the Federal Aviation Ad3 ministration Revitalization Act of 1995.

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

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

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

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

8 ‘‘(d) QUALIFICATIONS.—

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

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

11 public interest and shall be selected from individuals

12 who are knowledgeable in aviation. Members of the

13 Board may not—

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

15 stock in or bonds of, an aeronautical enterprise;

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

17 or employment; and

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

19 substantial part of whose activities are for the

20 purpose of influencing aviation-related legisla21 tion.

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

23 ‘influencing legislation’ has the meaning such term

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

25 Code of 1986 (26 U.S.C. 4911(d)).
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1 ‘‘(e) TERMS.—

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

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

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

5 years.

6 ‘‘(2) TERMS OF INITIAL APPOINTEES.—As des7 ignated by the President at the time of appointment,

8 of the members first appointed under subsection

9 (c)(1)—

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

11 years;

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

13 years; and

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

15 years.

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

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

18 before the expiration of the term for which the mem19 ber’s predecessor was appointed shall be appointed

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

21 serve after the expiration of that member’s term

22 until a successor has taken office.

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

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

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

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

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

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

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

10 ‘‘(i) BASIC PAY.—

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

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

13 basic pay payable for level II of the Executive

14 Schedule.

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

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

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

18 Executive Schedule.

19 ‘‘§ 1313. Officers

20 ‘‘(a) CHIEF EXECUTIVE OFFICERS.—

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

22 a Chief Executive Officer.

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

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

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

4 directives, and advisory circulars, preparation of the

5 annual budget submission, the awarding of grants,

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

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

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

10 the Board shall make every effort to ensure stability

11 and continuity in the leadership of the Administra12 tion.

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

14 the Chief Executive Officer shall be paid at a rate

15 to be determined by the Board.

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

17 the Board, the Chief Executive Officer shall appoint other

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

19 Executive Officer may prescribe.

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

21 the Board, the Chief Executive Officer shall appoint a

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

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

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

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

5 ‘‘(e) AIRCRAFT NOISE OMBUDSMAN.—

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

7 Administration an Aircraft Noise Ombudsman who

8 shall be appointed by the Board.

9 ‘‘(2) DUTIES AND RESPONSIBILITIES.—The

10 Ombudsman shall—

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

12 issues regarding aircraft noise; and

13 ‘‘(B) be consulted when the Administration

14 proposes changes in aircraft routes so as to

15 minimize any increases in aircraft noise over

16 populated areas.

17 ‘‘§ 1314. Personnel management program

18 ‘‘(a) EXEMPTION FROM CERTAIN PROVISIONS OF

19 TITLE 5, UNITED STATES CODE.—

20 ‘‘(1) IN GENERAL.—Except as otherwise pro21 vided in this Act, the Administration shall be exempt

22 from parts II and III of title 5.

23 ‘‘(2) EFFECTIVE DATE.—The exemption pro24 vided by paragraph (1) shall not take effect until the
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1 expiration of the 180-period described in subsection

2 (d)(2).

3 ‘‘(b) DEVELOPMENT OF PERSONNEL MANAGEMENT

4 SYSTEM.—

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

6 after the date of the enactment of the Federal Avia7 tion Administration Revitalization Act of 1995, the

8 Board shall develop a personnel management system

9 for the Administration.

10 ‘‘(2) CONSULTATION AND NEGOTIATION.—In

11 developing the personnel management system, the

12 Board shall negotiate with the exclusive bargaining

13 representatives of employees of the Administration

14 certified under section 7111 of title 5 and other em15 ployees of the Administration and shall consult with

16 nongovernmental experts in personnel management

17 systems. The negotiation with the exclusive bargain18 ing representatives shall be completed on or before

19 the 90th day after the date of enactment referred to

20 in paragraph (1).

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

22 an agreement under paragraph (2) with the exclu23 sive bargaining representatives on any provision of

24 the personnel management system, the services of

25 the Federal Mediation and Conciliation Service shall
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1 be used to attempt to reach such agreement. If the

2 services of the Federal Mediation and Conciliation

3 Service do not lead to an agreement, the Board shall

4 include in the plan to be submitted to Congress

5 under subsection (d) the objections of the exclusive

6 bargaining representatives and the reasons for the

7 objections.

8 ‘‘(4) CONTINUATION OF AGREEMENTS.—Collec9 tive bargaining agreements and labor management

10 relations under chapter 71 of title 5 shall remain in

11 effect for the Administration until amended or modi12 fied under the personnel management system.

13 ‘‘(5) GOALS.—The goal of the personnel man14 agement system to be developed by the Board under

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

16 the requirements of this section, the Administration

17 with the ability—

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

19 private sector;

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

21 on merit;

22 ‘‘(C) to provide market-based salaries (de23 signed to attract the best qualified employees)

24 within available resources;
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1 ‘‘(D) to provide pay increases and other in2 centives to staff facilities that are difficult to

3 staff;

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

5 where they are most needed; and

6 ‘‘(F) to provide an opportunity for collec7 tive bargaining and other consultation with em8 ployees concerning terms and conditions of em9 ployment.

10 ‘‘(6) SAFEGUARDS.—The personnel manage11 ment system shall include safeguards to ensure that

12 travel expenses of employees of the Administration

13 (including meal and lodging expenses) are not exces14 sive.

15 ‘‘(c) EXPERTS EVALUATION.—The arrangements en16 tered into by the Board with the experts consulted by the

17 Board under subsection (b) shall provide for those experts

18 to evaluate the personnel management system developed

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

20 evaluation before the last day of the 180-day period re21 ferred to in subsection (b)(1).

22 ‘‘(d) NOTICE TO CONGRESS.—

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

24 personnel management system under subsection (b),

25 the Board shall submit to Congress a comprehensive
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1 plan describing the personnel management system,

2 along with all existing or proposed rules or regula3 tions relevant to the system.

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

5 to implement the personnel management system only

6 after the expiration of the 180-day period that be7 gins on the date of submission of the plan to Con8 gress under paragraph (1).

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

10 in this section shall be construed as exempting the Admin11 istration and employees of the Administration from any

12 of the following provisions of title 5:

13 ‘‘(1) Section 2302(b)(8) (relating to whistle14 blower protection) and related enforcement provi15 sions.

16 ‘‘(2) Sections 3308 through 3320 (relating to

17 veterans preference).

18 ‘‘(3) Sections 7311(3) and 7311(4) (relating to

19 limitations on the right to strike).

20 ‘‘(4) Sections 2302(b)(1) and 7204 (relating to

21 antidiscrimination) and related enforcement provi22 sions and provisions of law referred to in section

23 2302(b)(1).

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

25 relations).
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1 ‘‘(6) Chapter 73 (relating to suitability, secu2 rity, and conduct).

3 ‘‘(7) Chapter 81 (relating to compensation for

4 work injuries).

5 ‘‘(8) Chapter 83 (relating to retirement).

6 ‘‘(9) Chapter 84 (relating to the Federal Em7 ployees’ Retirement System).

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

9 compensation).

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

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

12 ‘‘(f) PAY RESTRICTIONS.—

13 ‘‘(1) MAXIMUM RATE OF PAY.—No officer (in14 cluding the Chief Executive Officer) or employee of

15 the Administration may receive annual pay in excess

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

17 of the Executive Schedule unless the Board provides

18 written notification to Congress of such higher rate

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

20 and holidays, and any day on which neither House

21 of Congress is in session because of an adjournment

22 sine die, a recess of more than 3 days, or an ad23 journment of more than 3 days) have elapsed since

24 the date of such notification.
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1 ‘‘(2) PERCENTAGE OF EMPLOYEES ABOVE

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

3 more than 0.35 percent of the officers (including

4 members of the Board and the Chief Executive Offi5 cer) and employees of the Administration may be

6 paid at a rate which equals or exceeds the rate pay7 able for level ES–1 of the Senior Executive Service.

8 ‘‘(3) RAISES AND BONUSES.—No officer (in9 cluding the Chief Executive Officer) or employee of

10 the Administration who is paid at a rate which ex11 ceeds the rate payable for level ES–1 of the Senior

12 Executive Service may receive in a calendar year

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

14 and increases that are the results of a promotion)

15 that total more than 15 percent of the annual rate

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

17 the first day of such calendar year.

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

19 EMPLOYEES.—Before the Administration may enter into

20 a contract with an individual who has been employed by

21 the Administration at any time during the 2-year period

22 preceding the expected date of entry into the contract or

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

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

25 majority stockholder or which is otherwise controlled or
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1 predominantly staffed by 1 or more of such former em2 ployees, the Board must first approve of the entry into

3 the contract as being essential to the mission of the Ad4 ministration.

5 ‘‘(h) USE OF UNOBLIGATED AMOUNTS FOR BONUSES

6 AND DEFICIT REDUCTION.—

7 ‘‘(1) IN GENERAL.—Of amounts available to the

8 Administration specifically for administrative ex9 penses for a fiscal year beginning after September

10 30, 1996, that the Administration estimates on Sep11 tember 1 of that fiscal year will not be obligated by

12 an office of the Administration before the end of the

13 fiscal year—

14 ‘‘(A) the Board may use up to 50 percent

15 to pay bonuses to personnel of such office of

16 the Administration; and

17 ‘‘(B) the remainder shall be divided be18 tween and deposited in—

19 ‘‘(i) the general fund of the Treasury

20 and used exclusively for deficit reduction;

21 and

22 ‘‘(ii) the Airport and Airway Trust

23 Fund;

24 in the same ratio that amounts appropriated for

25 operations of the Administration for that fiscal
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1 year from the General Fund of the Treasury

2 bears to amounts appropriated from the Airport

3 and Airway Trust Fund for that fiscal year.

4 ‘‘(2) REPORTS.—The Director of the Office of

5 Management and Budget shall submit a report to

6 Congress by not later than December 31 of each

7 year on the implementation of this subsection in the

8 preceding fiscal year, describing the effectiveness of

9 this subsection in reducing the deficit.

10 ‘‘§ 1315. Management Advisory Committee

11 ‘‘(a) ESTABLISHMENT.—There is established an advi12 sory committee which shall be known as the Federal Avia13 tion Management Advisory Committee (hereinafter in this

14 section referred to as the ‘Management Advisory Commit15 tee’).

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

17 Committee shall consist of 17 members, who shall be ap18 pointed as follows:

19 ‘‘(1) 1 member appointed by the Speaker of the

20 House of Representatives;

21 ‘‘(2) 1 member appointed by the minority lead22 er of the House of Representatives;

23 ‘‘(3) 1 member appointed by the majority lead24 er of the Senate;
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1 ‘‘(4) 1 member appointed by the minority lead2 er of the Senate;

3 ‘‘(5) 13 members appointed by the Board 12 of

4 whom shall represent 1 of the following interests:

5 ‘‘(A) Airline passengers.

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

7 ‘‘(C) Business aviation.

8 ‘‘(D) Hub airports.

9 ‘‘(E) Non-hub and general aviation air10 ports.

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

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

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

14 ‘‘(I) Aircraft manufacturers.

15 ‘‘(J) Airline employees.

16 ‘‘(K) Federal Aviation Administration em17 ployees.

18 ‘‘(L) State aviation officials.

19 ‘‘(c) FUNCTIONS.—The Management Advisory Com20 mittee shall provide advice and counsel to the Administra21 tion on issues which affect or are affected by the oper22 ations of the Administration. The Management Advisory

23 Committee shall hold quarterly meetings. The Administra24 tion shall give the Management Advisory Committee ac25 cess to internal documents (other than proprietary infor-
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1 mation and documents relating to on-going litigation) and

2 personnel of the Administration. The Management Advi3 sory Committee shall function as an oversight resource for

4 management, policy, spending, and regulatory matters

5 under the jurisdiction of the Administration.

6 ‘‘(d) CHAIRMAN.—The Management Advisory Com7 mittee shall elect a chairman of the Management Advisory

8 Committee from among its members.

9 ‘‘(e) TERMS OF MEMBERS.—

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

11 Members appointed under subsections (b)(1)

12 through (b)(4) shall be appointed for a term of 2

13 years.

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

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

16 appointed for a term of 3 years.

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

18 Management Advisory Committee shall be paid actual

19 travel expenses, and per diem in lieu of subsistence ex20 penses when away from his or her usual place of residence,

21 in accordance with section 5703 of title 5.

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

23 Administration shall make available to the Management

24 Advisory Committee such staff, information, and adminis25 trative services and assistance as may reasonably be re-
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1 quired to enable the Management Advisory Committee to

2 carry out its responsibilities under this section.

3 ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT.—The Management Advisory Committee

5 shall be subject to the Federal Advisory Committee Act

6 (5 U.S.C. App.); except that section 14(a)(2)(B) of such

7 Act (relating to the termination of advisory committees)

8 shall not apply to the Committee.

9 ‘‘§ 1316. Authority to carry out certain transferred

10 functions, duties, and powers

11 ‘‘Except as otherwise provided in this chapter, in car12 rying out a function, duty, or power transferred under the

13 Federal Aviation Administration Revitalization Act of

14 1995 (including the amendments made by such Act), the

15 Administration has the same authority that was vested in

16 the department, agency, or instrumentality of the United

17 States Government carrying out the function, duty, or

18 power immediately before the transfer. An action of the

19 Administration in carrying out the function, duty, or

20 power has the same effect as when carried out by the de21 partment, agency, or instrumentality.

22 ‘‘SUBCHAPTER III—AUTHORITY

23 ‘‘§ 1331. Functions

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

25 Aviation Administration shall be all functions vested in the
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1 Board, the Chief Executive Officer, or the Federal Avia2 tion Administration by this title or by law enacted after

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

4 include functions of the Administration, the Board, and

5 the Chief Executive Officer under the following provisions

6 of this title:

7 ‘‘(1) Section 308(b).

8 ‘‘(2) Section 353.

9 ‘‘(3) Section 1114(d).

10 ‘‘(4) Section 1131(c).

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

12 ‘‘(6) Section 1135.

13 ‘‘(7) Section 1153(c).

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

15 40101.

16 ‘‘(9) Section 40102(a)(8).

17 ‘‘(10) Section 40103(b).

18 ‘‘(11) Section 40104.

19 ‘‘(12) Section 40105.

20 ‘‘(13) Section 40106(a).

21 ‘‘(14) Section 40107.

22 ‘‘(15) Section 40108.

23 ‘‘(16) Section 40109(b).

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

25 ‘‘(18) Section 40111.
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1 ‘‘(19) Section 40112.

2 ‘‘(20) Section 40113.

3 ‘‘(21) Section 40114.

4 ‘‘(22) Section 40115.

5 ‘‘(23) Section 40117.

6 ‘‘(24) Section 40119.

7 ‘‘(25) Section 41714.

8 ‘‘(26) Chapter 441.

9 ‘‘(27) Chapter 443.

10 ‘‘(28) Chapter 445.

11 ‘‘(29) Chapter 447.

12 ‘‘(30) Chapter 449.

13 ‘‘(31) Chapter 451.

14 ‘‘(32) Chapter 453.

15 ‘‘(33) Chapter 461.

16 ‘‘(34) Section 46301.

17 ‘‘(35) Section 46302.

18 ‘‘(36) Section 46303.

19 ‘‘(37) Section 46304.

20 ‘‘(38) Section 46306.

21 ‘‘(39) Section 46308.

22 ‘‘(40) Section 46311.

23 ‘‘(41) Section 46313.

24 ‘‘(42) Section 46315.

25 ‘‘(43) Section 46316.
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1 ‘‘(44) Chapter 465.

2 ‘‘(45) Chapter 471.

3 ‘‘(46) Chapter 473.

4 ‘‘(47) Chapter 475.

5 ‘‘(48) Chapter 481.

6 ‘‘(49) Chapter 491.

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

8 functions of the Administration shall include all functions

9 of the Department of Transportation on the effective date

10 of this section which the Administration determines are

11 incidental to, helpful to, or necessary for the performance

12 of the functions referred to in subsection (a) or which re13 late primarily to those functions.

14 ‘‘§ 1332. Regulations

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

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

17 necessary to carry out its functions.

18 ‘‘(b) APPROVAL OF BOARD.—

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

20 may only issue a proposed regulation, final regula21 tion, airworthiness directive, or advisory circular

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

23 and tribal governments in the aggregate, or by the

24 private sector, of $10,000,000 or more (adjusted an25 nually for inflation) in any 1 year if the Board first
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1 approves of the issuance of such regulation, direc2 tive, or circular.

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

4 the Chief Executive Officer may issue a regulation,

5 directive, or circular described in paragraph (1)

6 without prior Board approval but subject to Board

7 ratification following issuance.

8 ‘‘(c) REVIEW BY DOT.—

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

10 issues any proposed or final regulation—

11 ‘‘(A) the Administration shall submit a

12 copy of the regulation to the Secretary of

13 Transportation;

14 ‘‘(B) the Administration shall provide the

15 Secretary with a period of 5 days (excluding

16 Saturdays, Sundays, and holidays) beginning on

17 the date of such submission to determine

18 whether or not the regulation is likely to have

19 a significant effect on other modes of transpor20 tation in the national transportation system or

21 the Secretary’s aviation responsibilities, includ22 ing national defense responsibilities; and

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

24 the last day of such 5-day period, that the regu25 lation is likely to have such a significant effect,
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1 the Administration shall provide the Secretary

2 with an additional period of 45 days to assess

3 the effect of the regulation on other modes of

4 transportation in the national transportation

5 system and the Secretary’s aviation responsibil6 ities, including national defense responsibilities.

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

8 recommend to the Administration modifications of a

9 proposed or final regulation necessary to minimize

10 the adverse effect of such regulation on other modes

11 of transportation in the national transportation sys12 tem or the Secretary’s aviation responsibilities, in13 cluding national defense responsibilities. The Admin14 istration may make any modifications recommended

15 by the Secretary. If the Administration does not

16 make a modification recommended by the Secretary,

17 the Administration shall include in the publication of

18 the proposed or final regulation a description of the

19 recommended modification and the reasons for not

20 making the modification.

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

22 apply to the following types of regulations:

23 ‘‘(A) Regulations pertaining to agency or24 ganization, procedure, or practice.
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1 ‘‘(B) Regulations pertaining solely to navi2 gational aids.

3 ‘‘(C) Regulations pertaining solely to air4 space designations and configurations.

5 ‘‘(D) Regulations pertaining solely to

6 standard instrument approach procedures.

7 ‘‘(E) Regulations pertaining solely to air8 craft design.

9 ‘‘(F) Regulations pertaining to the person10 nel management system developed under section

11 1314.

12 ‘‘(G) Regulations pertaining to the acquisi13 tion management system developed under sec14 tion 1334.

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

16 regulation may take effect for the duration of the

17 emergency and before the Secretary completes re18 view of the regulation under this subsection, as de19 termined necessary by the Chief Executive Officer or

20 the Board.

21 ‘‘(d) AUTOMATIC TERMINATION DATE.—Any regula22 tion issued by the Administration after the effective date

23 of this section which is likely to result in the annual ex24 penditure by State, local, and tribal governments in the

25 aggregate, or by the private sector, of $25,000,000 or
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1 more (adjusted annually for inflation) in any 1 year must

2 contain an automatic termination date. The termination

3 date shall also apply to any advisory circular issued by

4 the Administration and pertaining solely to such regula5 tion.

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

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

8 cause for finding that consideration by the Board or by

9 the Department of Transportation is impracticable or con10 trary to the public interest.

11 ‘‘§ 1333. Finality of decisions; appeals

12 ‘‘Decisions of the Administration made pursuant to

13 the exercise of the functions enumerated in subtitle VII

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

15 currently authorized by law shall be taken directly to the

16 National Transportation Safety Board or to any court of

17 competent jurisdiction, as appropriate.

18 ‘‘§ 1334. Procurement program

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

20 ‘‘(1) IN GENERAL.—The following laws and reg21 ulations shall not apply to the Federal Aviation Ad22 ministration:

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

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

25 251–266).
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1 ‘‘(B) The Office of Federal Procurement

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

3 ‘‘(C) The Federal Acquisition Streamlining

4 Act of 1994 (Public Law 103–355).

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

6 631 et seq.); except that the Administration

7 shall provide reasonable opportunities to small

8 business concerns and small business concerns

9 owned and controlled by socially and economi10 cally disadvantaged individuals to be awarded

11 contracts.

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

13 31 (relating to the procurement protest sys14 tem).

15 ‘‘(F) The Brooks Automatic Data Process16 ing Act (40 U.S.C. 759).

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

18 of the United States (41 U.S.C. 5).

19 ‘‘(H) The Federal Acquisition Regulation

20 and any laws not listed in subparagraphs (A)

21 through (G) providing authority to promulgate

22 regulations in the Federal Acquisition Regula23 tion.

24 ‘‘(2) EFFECTIVE DATE.—The exemption pro25 vided by paragraph (1) shall not take effect until the
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1 expiration of the 180-day period referred to in sub2 section (c)(2).

3 ‘‘(b) DEVELOPMENT OF ACQUISITION MANAGEMENT

4 SYSTEM.—

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

6 after the date of the enactment of the Federal Avia7 tion Administration Revitalization Act of 1995, the

8 Federal Aviation Board, in consultation with such

9 nongovernmental experts in acquisition management

10 systems as the Board may employ, shall develop an

11 acquisition management system for the Administra12 tion.

13 ‘‘(2) CONSULTATION.—In developing the acqui14 sition management system, the Board shall consult

15 nongovernmental experts in acquisition management

16 systems.

17 ‘‘(3) GOALS.—The acquisition management sys18 tem to be developed by the Board under paragraph

19 (1) shall be designed—

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

21 and new equipment is installed and certified as

22 quickly as possible without sacrificing principles

23 of fairness and protection against waste, fraud,

24 and abuse; and
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1 ‘‘(B) to ensure a common interoperable air

2 traffic control system with the military.

3 ‘‘(4) EXPERTS EVALUATION.—The arrange4 ments entered into by the Board with the experts

5 consulted by the Board under paragraph (2) shall

6 provide for those experts to evaluate the acquisition

7 management system developed by the Board and

8 submit to Congress the results of such evaluation be9 fore the last day of the 180-day period referred to

10 in paragraph (1).

11 ‘‘(c) NOTICE TO CONGRESS.—

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

13 the acquisition management system, the Board shall

14 submit a comprehensive plan describing the acquisi15 tion management system to Congress, along with all

16 existing or proposed rules or regulations relevant to

17 the system.

18 ‘‘(2) IMPLEMENTATION.—The Administration

19 may begin to implement the acquisition management

20 system only after the expiration of the 180-day pe21 riod that begins on the date on which the plan is

22 submitted to Congress under paragraph (1). The ac23 quisition management system shall apply to con24 tracts entered into after the expiration of such 180-

25 day period.
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1 ‘‘(d) CONTRACTS.—

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

3 Administration may only enter into a contract that

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

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

6 first approves of the entry into the contract.

7 ‘‘(2) NOTICE TO CONGRESS OF CERTAIN CON8 TRACTS.—In addition to complying with paragraph

9 (1), the Administration may only enter into a con10 tract that has a total contract value, including all

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

12 the Board provides written notice to Congress of the

13 proposed entry into the contract, together with a de14 scription of the contract and at least 30 calendar

15 days elapse after the date of such notification.

16 ‘‘§ 1335. Judicial review of actions in carrying out

17 certain transferred duties and powers

18 ‘‘(a) JUDICIAL REVIEW.—An action of the Adminis19 tration in carrying out a duty or power transferred under

20 the Department of Transportation Act (Public Law 89–

21 670) and under the Federal Aviation Administration Revi22 talization Act of 1995 and an action of the Administrator

23 of the Federal Aviation Administration in carrying out a

24 duty or power specifically assigned to the Administrator

25 by the Department of Transportation Act and transferred
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1 to the Administration by the Federal Aviation Administra2 tion Revitalization Act of 1995 may be reviewed judicially

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

4 had been an action by the department, agency, or instru5 mentality of the United States Government carrying out

6 the duty or power immediately before the transfer.

7 ‘‘(b) APPLICATION OF PROCEDURAL REQUIRE8 MENTS.—A statutory requirement related to notice, an op9 portunity for a hearing, action on the record, or adminis10 trative review that applied to a duty or power transferred

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

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

13 SEC. 4. BUDGET OF ADMINISTRATION.

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

15 States Code, is amended to read as follows:

16 ‘‘§ 48109. Budget information and legislative rec17 ommendations and comments

18 ‘‘(a) PREPARATION.—Subject to approval of the Fed19 eral Aviation Board, the Chief Executive Officer shall pre20 pare an annual budget for the Administration.

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

22 ‘‘(1) IN GENERAL.—At the same time that

23 agencies of the Department of Transportation hav24 ing jurisdiction over other modes of transportation

25 are required to submit their budgets to the Sec-
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1 retary of Transportation, the Administration shall

2 submit to the Secretary the budget prepared by the

3 Administration and approved by the Board. The

4 Secretary shall review the budget and may rec5 ommend to the Administration modifications in the

6 budget necessary to ensure that the budget is con7 sistent with the needs of the national transportation

8 system and the Secretary’s aviation responsibilities.

9 The Administration may modify the budget to adopt

10 any recommendation made by the Secretary.

11 ‘‘(2) OPPORTUNITY FOR COMMENT.—At least

12 30 days before submitting a budget to the Secretary

13 under paragraph (1), the Administration shall sub14 mit a draft of the budget to the Management Advi15 sory Committee established by section 1315 for com16 ment.

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

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

19 to the President or the Director of the Office of

20 Management and Budget any budget information,

21 legislative recommendation, or comment on legisla22 tion about amounts authorized in section 48101 or

23 section 48102, the Board concurrently shall submit

24 a copy of the information, recommendation, or com25 ment to the Speaker of the House of Representa-
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1 tives, the Committees on Transportation and Infra2 structure and Appropriations of the House of Rep3 resentatives, the President of the Senate, and the

4 Committees on Commerce, Science, and Transpor5 tation and Appropriations of the Senate.

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

7 BUDGETS.—The annual budget of the Administra8 tion submitted to Congress shall include—

9 ‘‘(A) budget requests and Airport and Air10 way Trust Fund estimates for the ensuing 4

11 fiscal years;

12 ‘‘(B) a numerical ranking, by degree of im13 portance to the national airspace system, of the

14 Administration’s requests for funding of air

15 traffic control modernization projects under sec16 tion 48101;

17 ‘‘(C) the total number of man-years of di18 rect effort the Administration estimates it will

19 use under support service contracts (including

20 professional, technical, engineering, site prepa21 ration, and installation and other services com22 parable to those performed by Government em23 ployees, but not including maintenance as part

24 of a supply contract, janitorial, research and

25 development, or construction services or services
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1 incidental to supply contracts) during the fiscal

2 year for which the budget is being submitted;

3 ‘‘(D) any modifications made by the Ad4 ministration under subsection (b) with respect

5 to the budget; and

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

7 a recommendation made by the Secretary under

8 subsection (b), a description of the rec9 ommendation and the reasons for not adopting

10 the recommendation.

11 Subparagraph (C) shall take effect with the budget

12 submission for fiscal year 1997. The estimate under

13 subparagraph (C) for such budget submission shall

14 include for comparison the estimated total number

15 of man-years of direct effort the Administration

16 used under such support service contracts in each of

17 fiscal years 1992 and 1995.’’.

18 (b) CONFORMING AMENDMENT.—The analysis for

19 chapter 481 is amended by striking the item relating to

20 section 48109 and inserting the following:

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

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

22 STANDARDS.

23 Section 44701 is amended by adding at the end the

24 following:

25 ‘‘(f) COST-BENEFIT ANALYSIS.—
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1 ‘‘(1) IN GENERAL.—For any regulation or

2 standard to be issued under subsection (a) or (b)

3 that is likely to result in annualized compliance costs

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

5 in addition to other requirements in law, identify

6 and publish together with such regulation or stand7 ard the following:

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

9 standard, quantified where appropriate and fea10 sible, and otherwise qualitatively described, in11 cluding in appropriate cases, the nature and

12 number of deaths or injuries that the regulation

13 or standard is designed to prevent.

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

15 airports, airmen, or cabin crew affected by the

16 regulation or standard.

17 ‘‘(C) The probable cost of fulfilling the re18 quirements of the regulation or standard, quan19 tified where appropriate and feasible, and other20 wise qualitatively described, including in appro21 priate cases any adverse effects on competition

22 or disruption or dislocation of air service or

23 other commercial practices engaged in by the

24 entities affected by such requirements.
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1 ‘‘(D) Alternative means of achieving the

2 objective of the regulation or standard while

3 minimizing the costs, adverse effects on com4 petition, and the disruption or dislocation of air

5 service or the commercial practices affected by

6 the regulation or standard and a statement as

7 to why the Administration chose the regulation

8 or standard adopted in preference to the alter9 natives considered.

10 ‘‘(2) EMERGENCY.—In the case of an emer11 gency, the Chief Executive Officer or the Board may

12 suspend the application of this subsection for the

13 duration of the emergency.

14 ‘‘(3) NONAPPLICABILITY TO ADVISORY CIRCU15 LARS.—This subsection shall not apply to advisory

16 circulars.’’.

17 SEC. 6. AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.

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

19 U.S.C. App.) is amended—

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

21 Aviation Administration’’ after ‘‘Community Serv22 ice’’; and

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

24 Aviation Administration,’’ after ‘‘United States In25 formation Agency,’’.
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1 SEC. 7. PASSENGER FACILITY CHARGES.

2 (a) FEE RETAINED BY AIRLINES.—

3 (1) DEADLINE FOR RESPONSE TO PETITION.—

4 Not later than 75 days after the date of the enact5 ment of this Act, the Administrator of the Federal

6 Aviation Administration shall issue a notice of a pro7 posed rulemaking or a denial of the petition in

8 Docket 27791 of the Federal Aviation Administra9 tion (relating to increasing the fee that airlines re10 tain in collecting passenger facility charges).

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

12 Administrator does not respond to the petition in

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

14 by paragraph (1), the fee increase sought by the pe15 titioner in such docket shall become effective after

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

17 date as the Administrator responds to such petition.

18 (b) REVIEW OF PROGRAM.—The Secretary of Trans19 portation shall complete the review required by section

20 121 of the Federal Aviation Administration Reauthoriza21 tion Act of 1994 (108 Stat. 1581) not later than the 75th

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

23 SEC. 8. SELECT PANEL TO REVIEW INNOVATIVE FUNDING

24 MECHANISMS.

25 (a) ESTABLISHMENT.—The Federal Aviation Board

26 shall establish a select panel to review and report to Con-
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1 gress regarding innovative financing mechanisms for en2 suring adequate funding for existing and future aviation

3 infrastructure needs and for funding the operations of the

4 Federal Aviation Administration in a manner that would

5 provide for future growth in the Nation’s air traffic sys6 tem, improve the management and performance of the air

7 traffic control system, and make the Administration more

8 efficient and effective. The financing mechanisms to be re9 viewed shall include, but not be limited to, loan guaran10 tees, financial partnerships with for-profit private sector

11 entities, multi-year appropriations, revolving loan funds,

12 mandatory spending authority, authority to borrow, and

13 restructured grant programs.

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

15 days after the date of the appointment of at least 2 mem16 bers of the Board, the Board shall appoint members to

17 the panel established under this section. Such members

18 shall consist of appropriate Federal Government officials

19 and representatives of the aviation industry, Administra20 tion employees, the financial community, and State and

21 local governments.

22 (c) INDEPENDENT AUDIT.—Immediately following

23 appointment of the panel, and utilizing funds appropriated

24 for Federal Aviation Administration headquarters oper25 ations, the panel shall contract with an entity independent
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1 of the Federal Aviation Administration and the Depart2 ment of Transportation to conduct a complete audit of the

3 financial requirements of the agency, including anticipated

4 air traffic forecasts, other workload measures, and esti5 mated productivity gains which lead to budgetary require6 ments. The independent audit shall be completed no later

7 than 180 days after contract award and shall be submitted

8 to the panel.

9 (d) TRAVEL AND PER DIEM.—Each member of the

10 panel established under this section shall be paid actual

11 travel expenses, and per diem in lieu of subsistence ex12 penses when away from his or her usual place of residence,

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

14 Code.

15 (e) APPLICABILITY OF FEDERAL ADVISORY COMMIT16 TEES ACT.—The select panel established under this sec17 tion shall be subject to the Federal Advisory Committee

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

19 (f) REPORT.—Not later than 1 year after the date

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

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

22 Federal Aviation Administration a report on the results

23 of the review conducted under this section.
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1 SEC. 9. TRANSFER OF PERSONNEL, PROPERTY, RECORDS,

2 AND FUNDS.

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

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

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

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

13 SEC. 10. SAVINGS PROVISIONS.

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

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

19 allowed to become effective by the President or any

20 Federal department or agency or official thereof or

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

22 effective date of this section in regard to functions

23 which under this Act (including the amendments

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

25 Aviation Administration established by section 1311

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

2 this section,

3 shall continue in effect according to their terms until

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

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

7 competent jurisdiction, or by operation of law.

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

10 Act) shall not affect any proceedings or any application

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

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

14 to functions under this Act that are made functions of

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

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

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

23 deemed to prohibit the discontinuance or modification of

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

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

3 (c) SUITS.—

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

6 by this Act) shall not affect suits commenced prior

7 to the effective date of this section.

8 (2) PROCEDURES.—In all suits commenced

9 prior to the effective date of this section, proceedings

10 shall be had, appeals taken, and judgments rendered

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

12 been enacted.

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

14 of the Federal Aviation Administration is not appointed

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

16 section, the person serving as the Administrator of the

17 Federal Aviation Administration on the day before such

18 effective date shall act as the Chief Executive Officer until

19 the Chief Executive Officer is appointed as provided in

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

22 such person was receiving on the day before such effective

23 date.

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

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

3 shall remain in effect until terminated in accordance with

4 the terms of such agreement.

5 SEC. 11. LAWS AND REGULATIONS.

6 Except to the extent otherwise provided in this Act

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

8 rules, regulations, and executive orders in effect and appli9 cable to the Federal Aviation Administration of the De10 partment of Transportation and to the Administrator of

11 such Administration on the day before the effective date

12 of this Act shall, on and after such effective date, be appli13 cable to the Federal Aviation Administration and the Fed14 eral Aviation Board established by this Act (including the

15 amendments made by this Act), until such law, rule, regu16 lation, or executive order is repealed or otherwise modified

17 or amended.

18 SEC. 12. TERMINATION OF FAA OF DOT.

19 The Federal Aviation Administration of the Depart20 ment of Transportation is terminated.

21 SEC. 13. CORRESPONDING REDUCTIONS IN OFFICE OF SEC22 RETARY.

23 The Secretary of Transportation shall terminate 200

24 employee positions in the Office of the Secretary to reflect
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1 reductions in the aviation responsibilities in the Office of

2 the Secretary by enactment of this Act.

3 SEC. 14. CONFORMING AMENDMENTS.

4 (a) FEDERAL AVIATION ADMINISTRATION IN

5 DOT.—

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

7 subsections (a) through (j) of section 106 are re8 pealed.

9 (2) TECHNICAL ADJUSTMENTS.—

10 (A) IN GENERAL.—Subchapter II of chap11 ter 13 (as inserted by section 3 of this Act) is

12 amended—

13 (i) by adding at the end the following

14 new section heading:

15 ‘‘§ 1317. Civil Aeromedical Institute’’; and

16 (ii) by inserting the text of section

17 106(j) as an undesignated paragraph

18 under such section heading.

19 (B) CHAPTER ANALYSIS AMENDMENT.—

20 The analysis for such chapter is amended by

21 adding after the item relating to section 1316

22 the following:

‘‘1317. Civil Aeromedical Institute.’’.

23 (3) AUTHORIZATION OF APPROPRIATIONS FOR

24 FAA OPERATIONS.—
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1 (A) FISCAL YEAR 1996.—Section 106(k) is

2 amended by—

3 (i) striking ‘‘(k) AUTHORIZATION OF

4 APPROPRIATIONS FOR OPERATIONS.—’’;

5 and

6 (ii) by striking ‘‘Secretary of Trans7 portation’’ and inserting ‘‘Federal Aviation

8 Administration’’.

9 (B) CONFORMING AMENDMENT.—Effective

10 September 30, 1996, section 106, as amended

11 by this subsection, and the item relating to sec12 tion 106 in the analysis for chapter 1 are re13 pealed.

14 (b) GENERAL DUTIES AND POWERS OF THE DE15 PARTMENT OF TRANSPORTATION.—

16 (1) LEADERSHIP, CONSULTATION, AND CO17 OPERATION.—Section 301(6) is amended by striking

18 ‘‘, with particular attention to aircraft noise, and in19 cluding’’ and inserting ‘‘and’’.

20 (2) POLICY ON LANDS, WILDLIFE AND WATER21 FOWL REFUGES, AND HISTORIC SITES.—Section 303

22 is amended—

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

24 Federal Aviation Administration’’ after ‘‘of

25 Transportation’’; and
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1 (B) in subsection (c) by inserting ‘‘and Ad2 ministration’’ after ‘‘Secretary’’.

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

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

5 it appears and inserting ‘‘Federal Aviation

6 Board’’;

7 (B) by striking ‘‘Department’’ and insert8 ing ‘‘Federal Aviation Administration’’; and

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

10 3rd places it appears and inserting ‘‘Board’’.

11 (4) MEMBERS OF THE ARMED FORCES.—Sec12 tion 324 is amended—

13 (A) by striking subsection (a) and insert14 ing the following:

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) FAA.—The Federal Aviation Administra17 tion, to ensure that national defense interests are

18 safeguarded properly and that the Administration is

19 advised properly about the needs and special prob20 lems of the armed forces, shall provide for participa21 tion of members of the armed forces in carrying out

22 the duties and powers of the Administration related

23 to the regulation and protection of air traffic, includ24 ing providing for, and research and development of,
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1 air navigation facilities, and the allocation of air2 space.

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

4 Secretary of Transportation may provide for partici5 pation of members of the armed forces in carrying

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

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

8 ‘‘Transportation’’ each place it appears the fol9 lowing: ‘‘or Federal Aviation Administration’’.

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

11 amended—

12 (A) by striking ‘‘An’’ and inserting ‘‘Sub13 ject to section 1335, an’’; and

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

15 Administration, or the Federal Aviation Admin16 istration’’ and inserting ‘‘or the Federal High17 way Administration’’.

18 (6) AUTHORITY TO CARRY OUT CERTAIN

19 TRANSFERRED DUTIES AND POWERS.—Section 352

20 is amended by striking ‘‘, the Federal Highway Ad21 ministration, and the Federal Aviation Administra22 tion’’ and inserting ‘‘and the Federal Highway Ad23 ministration’’.

24 (7) TOXICOLOGICAL TESTING.—Section 353(a)

25 is amended—
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1 (A) by inserting before ‘‘conducts’’ the fol2 lowing: ‘‘or the Federal Aviation Administra3 tion’’;

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

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

6 and

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

8 it appears ‘‘or Chief Executive Officer of the

9 Administration’’.

10 (c) FUNCTIONS OF FAA.—

11 (1) NATIONAL TRANSPORTATION SAFETY

12 BOARD.—

13 (A) DISCLOSURE OF DRUG TEST INFORMA14 TION TO NTSB.—Section 1114(d)(1) is amend15 ed—

16 (i) by inserting before ‘‘shall’’ the fol17 lowing: ‘‘and the Federal Aviation Admin18 istration’’;

19 (ii) in subparagraph (A) by inserting

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

21 ‘‘or the Administration’’; and

22 (iii) in subparagraph (A) by inserting

23 before ‘‘, when’’ the following: ‘‘or the Ad24 ministration’’.
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1 (B) INVESTIGATION OF CERTAIN ACCI2 DENTS.—Section 1131(c)(1) is amended by in3 serting ‘‘or the Federal Aviation Administra4 tion, as the case may be,’’ after ‘‘Transpor5 tation’’.

6 (C) CIVIL AIRCRAFT ACCIDENT INVESTIGA7 TIONS.—Section 1132 is amended—

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

9 striking ‘‘SECRETARY’’ and inserting

10 ‘‘FEDERAL AVIATION ADMINISTRATION’’;

11 (ii) in subsection (c) by striking ‘‘Sec12 retary of Transportation’’ and inserting

13 ‘‘Federal Aviation Administration’’;

14 (iii) in subsection (c) by striking ‘‘Sec15 retary’’ the 2nd and 3rd places it appears

16 and inserting ‘‘Administration’’; and

17 (iv) in subsection (d) by striking ‘‘Sec18 retary’’ each place it appears and inserting

19 ‘‘Administration’’.

20 (D) REVIEW OF OTHER AGENCY ACTION.—

21 Section 1133(1) is amended by striking ‘‘Sec22 retary of Transportation’’ and inserting ‘‘Fed23 eral Aviation Administration’’.

24 (E) RESPONSES TO SAFETY RECOMMENDA25 TIONS.—Section 1135 is amended—
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1 (i) by striking the section heading and

2 inserting the following:

3 ‘‘§ 1135. DOT’s and FAA’s responses to safety rec4 ommendations’’;

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

6 ‘‘Secretary of Transportation’’ the follow7 ing: ‘‘or the Federal Aviation Administra8 tion’’;

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

10 the Administration’’ after ‘‘Secretary’’ the

11 2nd and 3rd places it appears;

12 (iv) in subsection (d) by striking

13 ‘‘shall’’ and inserting ‘‘and the Administra14 tion shall each’’;

15 (v) in subsection (d) by inserting be16 fore ‘‘during’’ the following: ‘‘or Adminis17 tration’’; and

18 (vi) in subsection (d) by inserting

19 after ‘‘Secretary’s’’ the following: ‘‘or Ad20 ministration’s’’.

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

22 amended—

23 (i) in the subsection heading by strik24 ing ‘‘ADMINISTRATOR’’ and inserting ‘‘AD25 MINISTRATION’’;
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1 (ii) by striking ‘‘the Administrator

2 of’’; and

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

4 second and third places it appears and in5 serting ‘‘Administration’’.

6 (G) CONFORMING AMENDMENT.—The

7 analysis to chapter 11 is amended by striking

8 the item relating to section 1135 and inserting

9 the following:

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

10 (2) INTERMODAL TRANSPORTATION ADVISORY

11 BOARD.—Section 5502(b) is amended to read as fol12 lows:

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

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

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

16 Aviation Administration or the Chief Executive Offi17 cer’s designee; and

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

19 designee, of—

20 ‘‘(A) the Federal Highway Administration;

21 ‘‘(B) the Maritime Administration;

22 ‘‘(C) the Federal Railroad Administration;

23 and

24 ‘‘(D) the Federal Transit Administra25 tion.’’.
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1 (3) GENERAL PROVISIONS RELATING TO AIR

2 COMMERCE AND SAFETY.—

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

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

5 ‘‘Secretary of Transportation’’ the follow6 ing: ‘‘and the Federal Aviation Administra7 tion’’;

8 (ii) in subsection (c) by striking ‘‘Ad9 ministrator of the’’; and

10 (iii) in subsection (d) by striking ‘‘Ad11 ministrator’’ and inserting ‘‘Administra12 tion’’.

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

14 amended—

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

16 striking ‘‘the Administrator of’’;

17 (ii) in paragraph (20) by striking

18 ‘‘Administrator’’ and inserting ‘‘Federal

19 Aviation Administration’’; and

20 (iii) by moving the second sentence of

21 paragraph (37) 2 ems to the left.

22 (C) SOVEREIGNTY AND USE OF AIR

23 SPACE.—Section 40103 is amended—

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

25 after ‘‘Secretary of Transportation’’ the
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1 following: ‘‘and the Federal Aviation Ad2 ministration’’; and

3 (ii) in subsection (b)—

4 (I) by striking ‘‘Administrator of

5 the’’; and

6 (II) by striking ‘‘Administrator’’

7 each place it appears after the first

8 and inserting ‘‘Administration’’.

9 (D) PROMOTION OF CIVIL AERONAUTICS

10 AND AIR COMMERCE.—Section 40104 is amend11 ed—

12 (i) in subsection (a) by striking ‘‘Ad13 ministrator of the’’;

14 (ii) in subsection (a) by striking ‘‘Ad15 ministrator’’ each place it appears after

16 the first and inserting ‘‘Administration’’;

17 and

18 (iii) in subsection (b) by striking

19 ‘‘Secretary of Transportation’’ and insert20 ing ‘‘Administration’’.

21 (E) INTERNATIONAL NEGOTIATIONS,

22 AGREEMENTS, AND OBLIGATIONS.—Section

23 40105 is amended—

24 (i) in subsection (a) by striking ‘‘Ad25 ministrator of the’’;
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1 (ii) in the heading to subsection (b) by

2 striking ‘‘ADMINISTRATOR’’ and inserting

3 ‘‘ADMINISTRATION’’;

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

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

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

8 before the semicolon ‘‘and the Federal

9 Aviation Administration’’.

10 (F) EMERGENCY POWERS.—Section 40106

11 is amended—

12 (i) in subsection (a)—

13 (I) in paragraph (1) by striking

14 ‘‘Administrator of the’’; and

15 (II) in paragraph (2) by striking

16 ‘‘Administrator’’ and inserting ‘‘Ad17 ministration’’; and

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

19 after ‘‘Secretary of Transportation’’ the

20 following: ‘‘or the Federal Aviation Admin21 istration’’.

22 (G) PRESIDENTIAL TRANSFERS.—Section

23 40107 is amended—

24 (i) in subsection (a) by striking ‘‘Ad25 ministrator of the’’; and
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1 (ii) by striking ‘‘Administrator’’ each

2 place it appears after the first and insert3 ing ‘‘Administration’’.

4 (H) TRAINING SCHOOLS.—Section 40108

5 is amended—

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

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

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

11 (I) AUTHORITY TO EXEMPT.—Section

12 40109(b) is amended—

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

14 and

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

16 second place it appears and inserting ‘‘Ad17 ministration’’.

18 (J) GENERAL PROCUREMENT AUTHOR19 ITY.—Section 40110 is amended—

20 (i) in subsection (a) by striking ‘‘Ad21 ministrator of the’’;

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

23 ‘‘Administrator’’ and inserting ‘‘Adminis24 tration’’;
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1 (iii) in subsection (b) by striking ‘‘Ad2 ministrator of’’ the first place it appears

3 and inserting ‘‘Chief Executive Officer of’’;

4 (iv) in subsection (b)(2)(E) by strik5 ing ‘‘Administrator of the’’; and

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

7 ‘‘Administrator;’’ and inserting ‘‘Adminis8 tration;’’.

9 (K) MULTIYEAR PROCUREMENT CON10 TRACTS FOR SERVICES AND RELATED ITEMS.—

11 Section 40111 is amended—

12 (i) in subsection (a) by striking ‘‘Ad13 ministrator of the’’; and

14 (ii) in subsections (b) and (c) by strik15 ing ‘‘Administrator’’ each place it appears

16 and inserting ‘‘Administration’’.

17 (L) MULTIYEAR PROCUREMENT CON18 TRACTS FOR PROPERTY.—Section 40112 is

19 amended—

20 (i) in subsection (a) by striking ‘‘Ad21 ministrator of the’’;

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

23 by striking ‘‘Administrator’’ each place it

24 appears and inserting ‘‘Administration’’;

25 and
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1 (iii) by adding at the end the follow2 ing:

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

4 shall not be effective to the extent they are inconsistent

5 with the acquisition management system being imple6 mented under section 1334.’’.

7 (M) ADMINISTRATIVE.—Section 40113 is

8 amended—

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

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

11 (ii) in subsection (a) by striking ‘‘Ad12 ministrator)’’ and inserting ‘‘Administra13 tion’’;

14 (iii) in subsection (a) by striking ‘‘Ad15 ministrator’’ the last place it appears and

16 inserting ‘‘Administration’’;

17 (iv) in subsection (b) by striking

18 ‘‘has’’ the 1st place it appears and insert19 ing ‘‘and the Administration have’’;

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

21 Secretary’’ and all that follows through

22 ‘‘Administrator)’’ and inserting ‘‘In carry23 ing out aviation safety functions, duties,

24 and powers, the Federal Aviation Adminis25 tration’’;
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1 (vi) in subsection (c) by striking ‘‘to

2 assist the Secretary or Administrator of’’

3 and inserting ‘‘to assist’’;

4 (vii) in subsection (d) by striking

5 ‘‘Administrator of the’’;

6 (viii) in subsection (d) by striking

7 ‘‘Administrator’’ the last place it appears

8 and inserting ‘‘Administration’’;

9 (ix) in subsection (e) by striking ‘‘Ad10 ministrator’’ each place it appears and in11 serting ‘‘Administration’’; and

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

13 ‘‘(f) EXEMPTIONS.—

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

15 issuing any regulation or granting any exemption to

16 a regulation issued under this chapter that affects

17 the transportation of hazardous materials by air, the

18 Secretary shall provide the Administration an oppor19 tunity for review, and the Administration may dis20 approve such action if the Administration deter21 mines that there would be an adverse effect on avia22 tion safety.

23 ‘‘(2) PROPOSED CHANGES.—The Administra24 tion may, in the interest of aviation safety, propose
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1 to the Secretary regulatory changes affecting the

2 transportation of hazardous materials by air.

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

4 violations of this chapter or of any regulations is5 sued under this chapter that affect the transpor6 tation of hazardous materials by air shall be brought

7 by the Administration.’’.

8 (N) REPORTS AND RECORDS.—Section

9 40114 is amended—

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

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

12 ‘‘and’’;

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

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

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

17 ‘‘Administrator’’ the last place it appears

18 and inserting ‘‘Administration’’;

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

20 ‘‘(or the Administrator’’ and inserting

21 ‘‘and the Administration’’;

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

23 ‘‘Administrator)’’ and inserting ‘‘Adminis24 tration’’; and
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1 (vi) in subsection (a)(2) by striking

2 ‘‘Administrator’’ the last 2 places it ap3 pears and inserting ‘‘Administration’’.

4 (O) WITHHOLDING INFORMATION.—Sec5 tion 40115(a) is amended by inserting after

6 ‘‘Secretary of Transportation’’ each place it ap7 pears the following: ‘‘or Federal Aviation Ad8 ministration’’.

9 (P) PASSENGER FACILITY FEES.—Section

10 40117 is amended—

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

12 ‘‘Secretary of Transportation’’ and insert13 ing ‘‘Federal Aviation Administration’’;

14 and

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

16 striking ‘‘Secretary’’ each place it appears

17 and inserting ‘‘Administration’’.

18 (Q) SECURITY AND RESEARCH AND DE19 VELOPMENT ACTIVITIES.—Section 40119 is

20 amended—

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

23 (ii) in subsections (b) and (c) by strik24 ing ‘‘Administrator’’ each place it appears

25 and inserting ‘‘Administration’’.
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1 (4) NAVIGATION OF FOREIGN CIVIL AIR2 CRAFT.—Section 41703 is amended—

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

4 after consultation with the Federal Aviation Ad5 ministration,’’ after ‘‘Secretary of Transpor6 tation’’; and

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

8 consultation with the Federal Aviation Adminis9 tration,’’ after ‘‘Secretary’’ the 2nd place it ap10 pears.

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

12 (A) in subsection (a)(1) by striking ‘‘Sec13 retary of Transportation’’ and inserting ‘‘Fed14 eral Aviation Administration’’;

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

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

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

18 appear and inserting ‘‘Administration’’ and

19 ‘‘ADMINISTRATION’’, respectively;

20 (C) in subsection (b)(3) by striking ‘‘Sec21 retary’’ the first place it appears and inserting

22 ‘‘Administration’’;

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

24 ‘‘Secretary’’ the second place it appears the fol25 lowing: ‘‘of Transportation’’;
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1 (E) in subsection (h)(2) by striking ‘‘Ad2 ministrator’’ and inserting ‘‘Administration’’;

3 and

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

5 ‘‘(i) CONSULTATION WITH DOT.—In making deter6 minations with respect to essential air service, exceptional

7 circumstances, and the public interest, the Administration

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

9 (6) REGISTRATION AND RECORDATION OF AIR10 CRAFT.—Chapter 441 (other than section 44109) is

11 amended—

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

13 each place it appears;

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

15 it appears (other than a place to which sub16 paragraph (A) applies and the 3rd place it ap17 pears in section 44111(d)) and inserting ‘‘Ad18 ministration’’; and

19 (C) in section 44102(b) by striking ‘‘Sec20 retary of Transportation’’ and inserting ‘‘Fed21 eral Aviation Administration’’.

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

23 (A) by striking ‘‘Secretary of Transpor24 tation’’ each place it appears and inserting

25 ‘‘Federal Aviation Administration’’; and
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1 (B) by striking ‘‘Secretary’’ each place it

2 appears (other than a place to which subpara3 graph (A) applies, the 2nd, 3rd, and 5th places

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

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

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

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

8 ‘‘Administration’’.

9 (8) FACILITIES, PERSONNEL, AND RE10 SEARCH.—Chapter 445 is amended—

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

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

13 it appears in section 44501(c)(2)(B) and the

14 last place it appears in section 44502(c)(1));

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

16 it appears (other than a place to which sub17 paragraph (A) applies, the 1st place it appears

18 in section 44501(c)(2)(B), the last place it ap19 pears in section 44502(c), and in section

20 44507(3)) and inserting ‘‘Administration’’;

21 (C) in section 44506(b) by striking ‘‘Ad22 ministrators of the Federal Aviation Adminis23 tration and’’ and inserting ‘‘Federal Aviation

24 Administration and the Administrator of the’’;
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1 (D) in section 44506(c) by striking ‘‘De2 partment of Transportation’’ and inserting

3 ‘‘Administration’’;

4 (E) in section 44506(d) by striking ‘‘Pub5 lic Works and Transportation’’ and inserting

6 ‘‘Transportation and Infrastructure’’;

7 (F) in section 44507—

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

9 ‘‘1317’’; and

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

11 paragraph (3) and inserting ‘‘the Federal

12 Aviation Board’’;

13 (G) in section 44514(b) by striking ‘‘Sec14 retary and the’’;

15 (H) by striking ‘‘Secretary of Transpor16 tation’’ each place it appears and inserting

17 ‘‘Federal Aviation Administration’’; and

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

19 appears (other than in sections 44501(b)(1)(B),

20 44502(c)(1), and 44505(a)(3) and a place to

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

22 inserting ‘‘Administration’’.

23 (9) SAFETY REGULATION.—Chapter 447 is

24 amended—
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1 (A) by striking ‘‘Administrator of the’’

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

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

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

5 7th, 9th, 10th, and 11th places it appears in

6 section 44715(c), the 1st and 3rd places it ap7 pears in section 44715(d)(1), the 2nd place it

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

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

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

11 section 44715(f));

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

13 it appears (other than a place to which sub14 paragraph (A) applies, the 3rd place it appears

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

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

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

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

19 10th, and 11th places it appears in section

20 44715(c), the 1st and 3rd places it appears in

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

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

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

24 4th, and 6th places it appears in section
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1 44715(f), and in section 44720(b)(2)) and in2 serting ‘‘Administration’’;

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

4 ‘‘Administrator’s’’ and inserting ‘‘Administra5 tion’s’’;

6 (D) in the subsection heading to section

7 44709(b) by striking ‘‘ADMINISTRATOR’’ and

8 inserting ‘‘ADMINISTRATION’’;

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

10 ‘‘Administrator’’ each place it appears and in11 serting ‘‘Federal Aviation Administration’’;

12 (F) by striking ‘‘Secretary of Transpor13 tation’’ each place it appears (other than in sec14 tions 44712(b)(2) and 44723) and inserting

15 ‘‘Federal Aviation Administration’’;

16 (G) in section 44723 by striking ‘‘Sec17 retary of Transportation’’ and inserting ‘‘Fed18 eral Aviation Board’’; and

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

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

21 and 44720 and a place to which subparagraph

22 (F) or (G) applies) and inserting ‘‘Administra23 tion’’.

24 (10) SECURITY.—Chapter 449 is amended—
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1 (A) by striking ‘‘Administrator of the’’

2 each place it appears;

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

4 it appears (other than a place to which sub5 paragraph (A) applies, the 1st two places it ap6 pears in section 44932(a), the 1st place it ap7 pears in section 44932(b), the 1st place it ap8 pears in section 44932(c), the 5th place it ap9 pears in section 44933(a), and each place it ap10 pears in section 44934(b)) and inserting ‘‘Ad11 ministration’’;

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

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

15 (D) by striking the heading for section

16 44932 and inserting ‘‘Civil aviation secu17 rity’’;

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

19 44932 and redesignating subsections (b) and

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

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

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

23 Administrator’’ and inserting ‘‘officer des24 ignated by the Chief Executive Officer of the

25 Federal Aviation Administration’’;
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1 (G) in section 44932(b), as redesignated

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

3 Administrator’’ and inserting ‘‘Administration’’;

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

5 striking ‘‘Assistant Administrator for Civil

6 Aviation Security’’ and inserting ‘‘officer des7 ignated by the Chief Executive Officer of the

8 Administration’’;

9 (I) in section 44934(b)(1) by striking ‘‘As10 sistant Administrator’’ and inserting ‘‘Adminis11 tration’’;

12 (J) by striking ‘‘Secretary of Transpor13 tation’’ each place it appears (other than in sec14 tions 44903(b)(1), 44907(d)(1)(C),

15 44907(d)(3), 44907(e), 44907(f), 44911(b),

16 44912(a)(3), 44931, and 44938(a)) and insert17 ing ‘‘Federal Aviation Administration’’;

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

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

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

22 2nd place it appears in section 44907(b), the

23 3rd place it appears in section 44907(c), in sec24 tion 44907(d)(1)(C), the 3rd place it appears in

25 section 44907(d)(2)(A)(ii), the 2nd and 3rd
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1 places it appears in section 44907(d)(2)(B), in

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

3 section 44907(d)(4), in sections 44907(e) and

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

5 44908(a), the 1st place it appears in section

6 44908(b), the 2nd place it appears in section

7 44909(a), and in sections 44910, 44911,

8 44912(a)(3), 44931, 44934, and 44938(a)) and

9 inserting ‘‘Administration’’;

10 (L) in section 44905(g) by striking ‘‘De11 partment of Transportation’’ and inserting

12 ‘‘Federal Aviation Administration’’;

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

14 44907(d)(3), 44907(e), and 44907(f) by insert15 ing ‘‘or Federal Aviation Administration’’ after

16 ‘‘of Transportation’’;

17 (N) in section 44907(d)(3) by inserting

18 ‘‘or Administration’’ after ‘‘Secretary’’ the 2nd

19 place it appears; and

20 (O) in the chapter analysis by striking the

21 item relating to section 44932 and inserting the

22 following:

‘‘44932. Civil aviation security.’’.

23 (11) ALCOHOL AND CONTROLLED SUBSTANCES

24 TESTING.—Chapter 451 is amended—
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1 (A) by striking ‘‘Administrator of the’’

2 each place it appears; and

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

4 it appears (other than a place to which sub5 paragraph (A) applies) and inserting ‘‘Adminis6 tration’’.

7 (12) FEES.—Chapter 453 is amended—

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

9 each place it appears;

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

11 it appears (other than a place to which sub12 paragraph (A) applies) and inserting ‘‘Adminis13 tration’’;

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

15 ‘‘Secretary of Transportation’’ the following:

16 ‘‘and the Federal Aviation Administration, as

17 the case may be,’’; and

18 (D) in section 45301(c)(4) by striking

19 ‘‘Administrator’s’’ and inserting ‘‘Administra20 tion’s’’.

21 (13) INVESTIGATIONS AND PROCEEDINGS.—

22 Chapter 461 is amended—

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

24 46103(a)(1), and 46104(a)—
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1 (i) by striking ‘‘(or the Administrator

2 of’’ and inserting ‘‘(or’’; and

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

4 inserting ‘‘Administration)’’;

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

6 each place it appears (other than a place to

7 which subparagraph (A)(i) applies and in sec8 tion 46101(b));

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

10 it appears (other than a place to which sub11 paragraph (A) or (B) applies) and inserting

12 ‘‘Administration’’;

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

14 Federal Aviation Administration’’ after ‘‘Trans15 portation’’; and

16 (E) in the subsection heading to section

17 46107(c) by striking ‘‘ADMINISTRATOR’’ and in18 serting ‘‘ADMINISTRATION’’.

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

20 (A) in section 46301(c)—

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

22 after ‘‘transportation’’ in paragraph

23 (1)(D);

24 (ii) by redesignating paragraph (2) as

25 paragraph (3);
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1 (iii) by inserting after paragraph (1)

2 the following:

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

4 Aviation Administration may impose a civil penalty

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

6 related to the transportation by air of hazardous

7 material only after notice and an opportunity for a

8 hearing.’’;

9 (iv) by inserting ‘‘or Administration,

10 as appropriate,’’ after ‘‘Secretary’’ in para11 graph (3), as so redesignated; and

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

13 such paragraph (3).

14 (B) in section 46301(d)(2) by striking

15 ‘‘Administrator of the’’;

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

17 46301—

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

19 place it appears (other than a place to

20 which subparagraph (A) applies) and in21 serting ‘‘Administration’’; and

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

23 it appears and inserting ‘‘Administration’’;
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1 (D) in section 46301(f) by inserting ‘‘or

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

3 ‘‘Secretary’’;

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

5 an order of the Administration’’ before ‘‘impos6 ing’’;

7 (F) in section 46301(h)(2) by striking the

8 parenthetical phrase and inserting ‘‘or Adminis9 tration, as appropriate,’’;

10 (G) in section 46302(b) by striking ‘‘Sec11 retary of Transportation’’ and inserting ‘‘Fed12 eral Aviation Administration’’;

13 (H) in section 46303—

14 (i) by striking ‘‘Secretary of Trans15 portation’’ and inserting ‘‘Federal Aviation

16 Administration’’; and

17 (ii) by striking ‘‘Administrator of

18 the’’;

19 (I) in section 46304—

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

21 and

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

23 place it appears (other than a place to

24 which clause (i) applies) and inserting

25 ‘‘Administration’’;
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1 (J) in section 46306 by striking ‘‘Adminis2 trator of the’’ each place it appears;

3 (K) in section 46308(2) by striking ‘‘Ad4 ministrator of the’’;

5 (L) in section 46311—

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

7 and

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

9 place it appears (other than a place to

10 which clause (i) applies) and inserting

11 ‘‘Administration’’;

12 (M) in section 46313—

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

14 and

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

16 2nd place it appears and inserting ‘‘Ad17 ministration’’;

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

19 ‘‘Administrator of the’’; and

20 (O) in section 46316(a)—

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

22 and

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

24 2nd place it appears and inserting ‘‘Ad25 ministration’’.
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1 (15) SPECIAL AIRCRAFT JURISDICTION OF

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

3 by striking ‘‘Administrator of the’’.

4 (16) AIRPORT DEVELOPMENT.—Chapter 471 is

5 amended—

6 (A) by striking ‘‘Secretary of Transpor7 tation’’ each place it appears (other than in sec8 tion 47102(1)(A)) and inserting ‘‘Federal Avia9 tion Administration’’;

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

11 appears (other than a place to which subpara12 graph (A) applies, in sections 47101(h),

13 47102(1)(A), 47102(1)(B)(i), 47103(a),

14 47103(c), 47106(c)(2), 47107(j)(4), 47110(e),

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

16 appears in section 47153(b)) and inserting

17 ‘‘Administration’’;

18 (C) in section 47106(c)(1)(B)(ii) by insert19 ing ‘‘of the Environmental Protection Agency’’

20 after ‘‘Administrator’’;

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

22 ‘‘Secretary’’ and inserting ‘‘Federal Aviation

23 Administration’’;
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1 (E) in sections 47106(c)(3) and

2 47110(d)(2)(B) by striking ‘‘Secretary’s’’ and

3 inserting ‘‘Administration’s’’;

4 (F) in section 47107(k) by striking ‘‘Pub5 lic Works and Transportation’’ and inserting

6 ‘‘Transportation and Infrastructure’’;

7 (G) in section 47110(e)—

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

9 (other than the 2nd and 6th places) it ap10 pears and inserting ‘‘Federal Aviation

11 Board’’; and

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

13 and 6th places it appears and inserting

14 ‘‘Federal Aviation Administration’’;

15 (H) in the heading for each of sections

16 47117(h), 47129(a)(3), and 47129(c) by strik17 ing ‘‘SECRETARY’’ and inserting ‘‘ADMINISTRA18 TION’’;

19 (I) in the subsection heading for section

20 47129(a) by striking ‘‘SECRETARY’S’’ and in21 serting ‘‘ADMINISTRATION’S’’; and

22 (J) in section 47130 by striking ‘‘Adminis23 trator of the’’.

24 (17) INTERNATIONAL AIRPORT FACILITIES.—

25 Chapter 473 is amended—
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1 (A) in section 47302—

2 (i) by striking ‘‘Secretary of Trans3 portation’’ in subsection (a)(1) and insert4 ing ‘‘Federal Aviation Administration’’;

5 and

6 (ii) by striking ‘‘Secretary of Trans7 portation or’’ in subsection (c) and insert8 ing ‘‘Federal Aviation Administration or

9 the Secretary of’’;

10 (B) in section 47303—

11 (i) by striking ‘‘Secretary of Trans12 portation or’’ and inserting ‘‘Federal Avia13 tion Administration or the Secretary of’’;

14 and

15 (ii) in paragraph (1) by striking ‘‘Sec16 retary’’ and inserting ‘‘agency head’’;

17 (C) in section 47304—

18 (i) by striking ‘‘Secretary of Trans19 portation or’’ in subsection (a) and insert20 ing ‘‘Federal Aviation Administration or

21 the Secretary of’’;

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

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

24 and inserting ‘‘agency head’’;
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1 (iii) by striking ‘‘Secretary of Trans2 portation’’ the 1st place it appears in sub3 section (b) and inserting ‘‘Federal Aviation

4 Administration’’;

5 (iv) by striking ‘‘Secretary of Trans6 portation or’’ in subsection (b)(2) and in7 serting ‘‘Chief Executive Officer of the

8 Federal Aviation Administration or the

9 Secretary of’’;

10 (v) by striking ‘‘Secretary of Trans11 portation’’ each place it appears in sub12 section (c) and inserting ‘‘Federal Aviation

13 Administration’’; and

14 (vi) by striking ‘‘Secretary of Trans15 portation or’’ in subsection (d)(2) and in16 serting ‘‘Chief Executive Officer of the

17 Federal Aviation Administration or the

18 Secretary of’’;

19 (D) in section 47305—

20 (i) by striking ‘‘Secretary of Trans21 portation’’ in subsection (a) and inserting

22 ‘‘Federal Aviation Administration’’;

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

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

25 and inserting ‘‘agency head’’; and
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1 (iii) by striking ‘‘Secretary of Trans2 portation or’’ in subsection (b) and insert3 ing ‘‘Chief Executive Officer of the Federal

4 Aviation Administration or the Secretary

5 of’’; and

6 (E) in section 47306 by striking ‘‘Sec7 retary of Transportation’’ and inserting ‘‘Fed8 eral Aviation Administration’’.

9 (18) NOISE.—Chapter 475 is amended—

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

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

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

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

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

15 appears in section 47509(d), and the 2nd place

16 it appears in section 47509(e));

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

18 it appears (other than a place to which sub19 paragraph (A) applies, the 1st place it appears

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

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

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

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

24 in section 47509(e)) and inserting ‘‘Administra25 tion’’;
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1 (C) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears and inserting

3 ‘‘Federal Aviation Administration’’; and

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

5 appears (other than a place to which subpara6 graph (C) applies) and inserting ‘‘Administra7 tion’’.

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

9 section 48109) is amended—

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

11 each place it appears;

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

13 it appears (other than a place to which sub14 paragraph (A) applies) and inserting ‘‘Adminis15 tration’’;

16 (C) by striking ‘‘Secretary of Transpor17 tation’’ each place it appears and inserting

18 ‘‘Federal Aviation Administration’’;

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

20 appears (other than a place to which subpara21 graph (C) applies and the 1st place it appears

22 in section 48105) and inserting ‘‘Administra23 tion’’;
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1 (E) in section 48102(d)(2) by striking

2 ‘‘Public Works and Transportation’’ and insert3 ing ‘‘Transportation and Infrastructure’’; and

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

5 ‘‘Department of Transportation’’ and inserting

6 ‘‘Federal Aviation Administration’’.

7 (20) MISCELLANEOUS.—Chapter 491 is amend8 ed—

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

10 each place it appears;

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

12 it appears (other than a place to which sub13 paragraph (A) applies) and inserting ‘‘Adminis14 tration’’;

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 in section 49103(b)(1))

21 and inserting ‘‘Administration’’.

22 (21) COMMERCIAL SPACE LAUNCH ACTIVI23 TIES.—Subtitle IX is amended—
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1 (A) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears and inserting

3 ‘‘Federal Aviation Administration’’;

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

5 appears (other than a place to which subpara6 graph (A) applies, the 1st place it appears in

7 section 70109(a), the 2nd place it appears in

8 each of sections 70109(b), 70109(c),

9 70112(a)(2), and 70112(b)(2), the 2nd and 3rd

10 places it appears in each of sections 70116(a)

11 and 70116(b), in section 70117(b)(2), and the

12 2nd place it appears in each of sections

13 70303(b)(2) and 70304(a)) and inserting ‘‘Ad14 ministration’’; and

15 (C) in the subsection heading to section

16 70111(c) by striking ‘‘SECRETARY’’ and insert17 ing ‘‘ADMINISTRATION’’.

18 (d) TITLE 5, UNITED STATES CODE.—

19 (1) EXECUTIVE SCHEDULE PAY RATES.—

20 (A) ADMINISTRATOR.—Section 5313 of

21 title 5, United States Code, is amended by

22 striking ‘‘Administrator, Federal Aviation Ad23 ministration.’’.

24 (B) DEPUTY ADMINISTRATOR.—Section

25 5315 of such title is amended by striking ‘‘Dep-
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1 uty Administrator, Federal Aviation Adminis2 tration.’’.

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

4 United States Code, is amended—

5 (A) by striking ‘‘Department of Transpor6 tation’’ each place it appears and inserting

7 ‘‘Federal Aviation Administration’’; and

8 (B) by striking ‘‘Secretary of Transpor9 tation’’ and inserting ‘‘Chief Executive Officer

10 of the Federal Aviation Administration’’.

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

12 of title 5, United States Code, is amended by strik13 ing ‘‘Administrator, Federal Aviation Administra14 tion,’’ and inserting ‘‘Federal Aviation Administra15 tion’’.

16 (4) REDUCTION IN RETIREMENT PAY FOR

17 FORMER MEMBERS OF UNIFORM SERVICES.—Section

18 5532(f) of title 5, United States Code, is repealed.

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

20 United States Code, is amended—

21 (A) in the heading to section 5546a by

22 striking ‘‘the Federal Aviation Adminis23 tration and’’;

24 (B) in section 5546a(a) by striking ‘‘Ad25 ministrator of the Federal Aviation Administra-
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1 tion (hereafter in this section referred to as the

2 ‘Administrator’) and the’’;

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

4 (e), and (f)(1) of section 5546a—

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

6 each place it appears; and

7 (ii) by striking ‘‘the Federal Aviation

8 Administration or’’ each place it appears;

9 (D) by striking ‘‘; and’’ at the end of sec10 tion 5546a(a)(2) and inserting a period;

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

12 5446a(a);

13 (F) in section 5546a(f)—

14 (i) by striking ‘‘(1)’’; and

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

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

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

18 Federal Aviation Administration and’’.

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

20 14, United States Code, is amended—

21 (1) in the heading to section 82 by striking

22 ‘‘Administrator of’’;

23 (2) in sections 81, 82, and 90(b) by striking

24 ‘‘the Administrator of’’ each place it appears;
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1 (3) in section 90(b) by striking ‘‘Administrator

2 may’’ and inserting ‘‘Administration may’’; and

3 (4) in the item relating to section 82 of the

4 analysis for such chapter by striking ‘‘Administrator

5 of’’.

6 (f) ACCESS TO NATIONAL DRIVER REGISTER.—Sec7 tion 30305(b)(3) of title 49, United States Code, is

8 amended—

9 (1) by striking ‘‘the Administrator of’’; and

10 (2) by striking ‘‘Administrator’’ each place it

11 appears after the first and inserting ‘‘Administra12 tion’’.

13 (g) WOLF TRAP FARM PARK.—The Wolf Trap Farm

14 Park Act (16 U.S.C. 284–284j) is amended—

15 (1) in section 4(e)—

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

17 and

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

19 it appears after the first and inserting ‘‘Admin20 istration’’; and

21 (2) in section 8(b) by striking ‘‘Administrator

22 of the’’ each place it appears.

23 (h) CERTIFICATION OF FIREARMS.—Section

24 922(p)(5)(A) of title 18, United States Code, is amended

25 by striking ‘‘the Administrator of’’.
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1 (i) NATIONAL AIR AND SPACE MUSEUM ADVISORY

2 BOARD.—Section 1(a) of the Act entitled ‘‘An Act to es3 tablish a national air museum, and for other purposes’’,

4 approved August 12, 1946 (20 U.S.C. 77(a)), is amended

5 by striking ‘‘Administrator of the Federal’’ and all that

6 follows through the first succeeding comma and inserting

7 ‘‘Chief Executive Officer of the Federal Aviation Adminis8 tration,’’.

9 (j) FEDERAL PROPERTY.—Section 602(d)(14) of the

10 Federal Property and Administrative Services Act of 1949

11 (40 U.S.C. 474(d)(14)) is amended by striking ‘‘Adminis12 trator of the’’ and all that follows through ‘‘or’’ and insert13 ing ‘‘Federal Aviation Administration or’’.

14 (k) NOISE CONTROL.—The Noise Control Act of

15 1972 (42 U.S.C. 4901–4918) is amended—

16 (1) in section 12(a)(2)(B) (42 U.S.C.

17 4911(a)(2)(B))—

18 (A) by striking ‘‘Administrator of the’’;

19 (B) by striking ‘‘611 of the Federal Avia20 tion Act of 1958’’ and inserting

21 ‘‘44709(b)(1)(B) or 44715 of title 49, United

22 States Code,’’; and

23 (C) by striking ‘‘such Administrator’’ each

24 place it appears and inserting ‘‘such Adminis25 tration’’;
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1 (2) in the last sentence of section 12(a) by

2 striking ‘‘such Administrator’’ and inserting ‘‘the

3 agency’’;

4 (3) in section 12(b)(1)(A) by striking ‘‘Admin5 istrator’’ the 2nd place it appears and inserting

6 ‘‘Administration’’;

7 (4) in sections 12(b)(1)(B) and 12(e) by strik8 ing ‘‘Administrator’’ and inserting ‘‘agency’’;

9 (5) in section 12(c)—

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

11 2nd place it appears; and

12 (B) by striking ‘‘611 of the Federal Avia13 tion Act of 1958,’’ and inserting ‘‘44715 of title

14 49, United States Code,’’;

15 (6) in section 16(a) (42 U.S.C. 4915(a))—

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

17 2nd place it appears;

18 (B) by striking ‘‘611 of the Federal Avia19 tion Act of 1958’’ and inserting ‘‘44715 of title

20 49, United States Code,’’; and

21 (C) by striking ‘‘Administrator’’ the 3rd

22 place it appears and inserting ‘‘agency’’;

23 (7) in section 16(b)—

24 (A) by inserting ‘‘the Federal Aviation’’

25 before ‘‘Administration’’; and
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1 (B) by striking ‘‘Administrator’’ each place

2 it appears after the 1st and inserting ‘‘agency’’;

3 and

4 (8) in section 16(c) by striking ‘‘Administrator’’

5 and inserting ‘‘agency’’.

6 (l) PHASE-OUT OF HALON.—Section 604(d)(3) of the

7 Clean Air Act (42 U.S.C. 7671c(d)(3)) is amended by

8 striking ‘‘Administrator of the’’ each place it appears.

9 SEC. 15. REFERENCES.

10 A reference in any law, regulation, document, record,

11 map, or other paper of the United States to the Secretary

12 of Transportation (and any reference to the Administrator

13 of the Federal Aviation Administration) with respect to

14 a function which under this Act (including the amend15 ments made by this Act) is made a function of the Federal

16 Aviation Administration established by section 1311 of

17 title 49, United States Code, shall be deemed to be a ref18 erence to the Federal Aviation Administration established

19 by such section.

20 SEC. 16. EFFECTIVE DATE.

21 (a) IN GENERAL.—Except as provided in subsection

22 (b), this Act (including the amendments made by this Act)

23 shall take effect on the 90th day following the date of the

24 enactment of this Act.
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1 (b) EXCEPTIONS.—Section 1312 of title 49, United

2 States Code, and section 7 of this Act shall take effect

3 on the date of the enactment of this Act. The amendments

4 made by section 14(d)(5) of this Act, relating to differen5 tial pay, shall take effect on the date the Federal Aviation

6 Board begins implementation of the personnel manage7 ment system for the Federal Aviation Administration

8 under section 1314(d)(2) of title 49, United States Code.

Passed the House of Representatives March 12,

1996.

Attest:

Clerk.