II

104TH CONGRESS

2D SESSION S. 1960

To require the Secretary of Transportation to reorganize the Federal Aviation

Administration to ensure that the Administration carries out only safetyrelated functions, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16, 1996

Ms. SNOWE (for herself and Mr. PRESSLER) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To require the Secretary of Transportation to reorganize

the Federal Aviation Administration to ensure that the

Administration carries out only safety-related functions,

and for other purposes.

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

3 SECTION 1. DEFINITIONS.

4 For purposes of this Act, the following definitions

5 shall apply:

6 (1) ADMINISTRATION.—The term ‘‘Administra7 tion’’ means the Federal Aviation Administration.
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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal

3 Aviation Administration.

4 (3) AIR TRANSPORTATION.—The term ‘‘air

5 transportation’’ means foreign air transportation,

6 interstate air transportation, or the transportation

7 of mail by aircraft.

8 (4) AIRCRAFT.—The term ‘‘aircraft’’ means

9 any contrivance invented, used, or designed to navi10 gate, or fly in, the air.

11 (5) FUNCTION.—The term ‘‘function’’ means

12 any duty, obligation, power, authority, responsibility,

13 right, privilege, activity, or program.

14 (6) OFFICE.—The term ‘‘office’’ includes any

15 office, administration, agency, institute, unit, organi16 zational entity, or component thereof.

17 (7) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Transportation.

19 SEC. 2. REORGANIZATION.

20 (a) IN GENERAL.—Not later than 180 days after the

21 date of enactment of this Act, the Secretary, in consulta22 tion with the Administrator, shall reorganize the Federal

23 Aviation Administration in accordance with this Act.

24 (b) TRANSFER OF FUNCTIONS.—In carrying out the

25 reorganization under this Act, the Secretary shall transfer
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1 to another office of the Department any function of the

2 Administration that is not directly related to the pro3 motion of air safety.

4 (c) USE OF FUNDS.—In carrying out the reorganiza5 tion under this Act, the Secretary is authorized to use

6 funds made available for the Administration for the func7 tions transferred to other offices of the Department under

8 subsection (b)(1) to carry out those functions.

9 SEC. 3. SAVINGS PROVISIONS.

10 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

11 Until modified, terminated, superseded, set aside, or re12 voked in accordance with law by the President, the Sec13 retary or other authorized official, a court of competent

14 jurisdiction, or by operation of law, all orders, determina15 tions, rules, regulations, permits, agreements, grants, con16 tracts, certificates, licenses, registrations, privileges, and

17 other administrative actions shall continue if they are—

18 (1) issued, made, granted, or allowed to become

19 effective by the President, any Federal agency or of20 ficial thereof, or by a court of competent jurisdic21 tion, in the performance of functions that are trans22 ferred under this Act; and

23 (2) in effect on the date of enactment of this

24 Act, or were final before the date of enactment of
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1 this Act and are to become effective on or after such

2 date.

3 (b) PROCEEDINGS NOT AFFECTED.—

4 (1) IN GENERAL.—The provisions of this Act

5 shall not affect any proceedings, including notices of

6 proposed rulemaking, or any application for any li7 cense, permit, or financial assistance pending before

8 the Federal Aviation Administration on the date of

9 enactment of this Act, and those proceedings and

10 applications shall be continued. Orders shall be is11 sued in such proceedings, appeals shall be taken

12 therefrom, and payments shall be made pursuant to

13 such orders, as if this title had not been enacted,

14 and shall continue in effect until modified, termi15 nated, superseded, or revoked by a duly authorized

16 official, by a court of competent jurisdiction, or by

17 operation of law.

18 (4) RULE OF CONSTRUCTION.—Nothing in this

19 subsection may be construed to prohibit the dis20 continuance or modification of any proceeding re21 ferred to in paragraph (1) under the same terms

22 and conditions, and to the same extent, that such

23 proceeding could have been discontinued if this Act

24 had not been enacted.
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1 (c) SUITS NOT AFFECTED.—The provisions of this

2 Act shall not affect suits commenced before the date of

3 enactment of this Act. In all such suits, proceedings shall

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

5 same manner and with the same effect as if this Act had

6 not been enacted.

7 (d) NONABATEMENT OF ACTIONS.—No suit, action,

8 or other proceeding commenced by or against the Federal

9 Aviation Administration or by and against any individual

10 in the official capacity of such individual as an officer of

11 the Federal Aviation Administration, shall abate by reason

12 of the enactment of this Act.

13 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO14 MULGATION OF REGULATIONS.—Any administrative ac15 tion relating to the preparation or promulgation of a regu16 lation by the Federal Aviation Administration relating to

17 a function transferred under this title may be continued

18 by the Department with the same effect as if this title

19 had not been enacted.

20 SEC. 4. REFERENCES.

21 Reference in any other Federal law, Executive order,

22 regulation, or any document relating to—

23 (1) the Administrator, with regard to the func24 tions transferred under section 2, shall be deemed to

25 refer to the Secretary; and
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1 (2) the Administration, with regard to functions

2 transferred under section 2, shall be deemed to refer

3 to the Department.

4 SEC. 5. RECOMMENDED LEGISLATION.

5 Not later than 180 days after the date of enactment

6 of this Act, the Secretary shall prepare and submit to the

7 Congress recommended legislation containing technical

8 and conforming amendments (including amendments to

9 subtitle VII of title 49, United States Code) to reflect the

10 changes made by this Act.

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