I
103D CONGRESS
2D SESSION
H. R. 5274
To improve the safety and convenience of air travel by establishing the
Federal Aviation Administration as an independent Federal agency.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. OBERSTAR introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To improve the safety and convenience of air travel by estab-
lishing the Federal Aviation Administration as an inde-
pendent Federal agency.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Independent Federal
Aviation Administration Act of 1994’’.
SEC. 2. ESTABLISHMENT AND ORGANIZATIONAL STRUC-
TURE.
There is established as an independent establishment
in the executive branch the Federal Aviation Administra-
tion. The Administration shall succeed the Federal Avia-
tion Administration of the Department of Transportation
as such department is in existence on the day before the
effective date of this Act.
SEC. 3. OFFICERS OF ADMINISTRATION.
(a) ADMINISTRATOR.—
(1) APPOINTMENT.—The Administration shall
be headed by an Administrator, who shall be ap-
pointed by the President, by and with the advice and
consent of the Senate, to a 5-year term of office.
(2) FUNCTIONS.—The Administrator—
(A) shall carry out all functions trans-
ferred to the Administrator by this Act; and
(B) shall have authority and control over
all personnel, programs, and activities of the
Administration.
(3) COMPENSATION.—The Administrator shall
be compensated at the rate prescribed for level II of
the Executive Schedule.
(b) DEPUTY ADMINISTRATOR.—
(1) APPOINTMENT.—There shall be in the Ad-
ministration a Deputy Administrator, who shall be
appointed by the President, by and with the advice
and consent of the Senate.
(2) FUNCTIONS.—The Deputy Administrator—
(A) shall perform such functions and have
such duties and powers as the Administrator
may prescribe;
(B) shall act for and perform the functions
of the Administrator when the Administrator is
absent or unable to serve and when the office
of the Administrator is vacant; and
(C) shall, to the maximum extent prac-
ticable, assure that procurement actions of the
Administration take advantage of all methods
available to expedite the procurement process.
(3) COMPENSATION.—The Deputy Adminis-
trator shall be compensated at the rate prescribed
for level III of the Executive Schedule.
(c) ASSOCIATE ADMINISTRATORS.—
(1) APPOINTMENT.—The Administrator shall
appoint Associate Administrators who shall each
have such duties as may be prescribed by the Ad-
ministrator.
(2) COMPENSATION.—Each Associate Adminis-
trator appointed under this subsection shall be com-
pensated at the rate prescribed for level IV of the
Executive Schedule.
(d) CHIEF COUNSEL.—
(1) APPOINTMENT.—There shall be in the Ad-
ministration a chief counsel, who shall be appointed
by the Administrator.
(2) FUNCTIONS.—The Chief Counsel shall be
the chief legal officer for all legal matters arising
from the activities of the Administration.
(3) COMPENSATION.—The Chief Counsel shall
be compensated at the rate prescribed for level IV
of the Executive Schedule.
SEC. 4. FUNCTIONS OF ADMINISTRATOR.
(a) IN GENERAL.—The Administrator shall—
(1) exercise all powers and discharge all duties
of the Administration; and
(2) carry out all functions, powers, and duties
relating to aviation safety that are vested in the Sec-
retary of Transportation on the day before the effec-
tive date of this Act.
(b) EXISTING LAW.—Except as otherwise provided
by this Act, in carrying out the functions of the Adminis-
tration under this Act, the Administrator shall be subject
to all provisions of law to which the Administrator was
subject on the day before the effective date of this Act
(including part A of subtitle VII of title 49, United States
Code) to the extent such provisions are not inconsistent
with this Act.
(c) NOT SUBJECT TO ENTITIES CREATED BY EXEC-
UTIVE ORDER.—The Administrator shall not submit deci-
sions for the approval of, and shall not be bound by the
decisions or recommendations of, any committee, board,
or other organization created by Executive Order.
SEC. 5. TRANSFERS AND INCIDENTAL PROVISIONS.
(a) TRANSFERS.—The following are transferred to
the Federal Aviation Administration established by section
2:
(1) FUNCTIONS OF FAA.—All functions vested
by law on the day before the effective date of this
Act in the Federal Aviation Administration in the
Department of Transportation or its Administrator,
and all functions vested by law on the day before the
effective date of this Act in the Secretary of Trans-
portation or the Department of Transportation
which are administered through the Federal Aviation
Administration (including budgetary
and
procure-
ment functions) or related to the Federal Aviation
Administration, including the following:
(A) All of such functions established by the
Federal Aviation Act of 1958, as in effect on
July 4, 1994, other than those functions—
(i) exercised under section 305 of that
Act relating to fostering the development
of civil aeronautics and air commerce;
(ii) exercised by the Secretary of
Transportation under title IV of that Act
as successor to the Civil Aeronautics
Board; and
(iii) exercised by the Secretary of
Transportation under titles XI or XII of
that Act relative to international air com-
merce.
(B) All of such functions carried out under
section 6(c) of the Department of Transpor-
tation Act (49 U.S.C. 1655(c)) along with all
functions, duties, and powers which at any time
had been vested in the Administrator of the
Federal Aviation Administration prior to the re-
vision of title 49, United States Code, by Public
Law 97–449.
(C) All of such functions carried out under
the Airport and Airway Improvement Act of
1982, as in effect on July 4, 1994.
(D) All of such functions carried out under
the Hazardous Materials Transportation Act, as
in effect on July 4, 1994, to the extent that
such Act pertains to the transportation of haz-
ardous materials by air.
(E) All of such functions carried out under
the Independent Safety Board Act of 1974, as
in effect on July 4, 1994, to the extent it re-
lates to transportation by air.
(F) All of such functions carried out under
the Aviation Safety and Noise Abatement Act
of 1979, as in effect on July 4, 1994.
(2) INCIDENTAL FUNCTIONS.—All functions of
the Department of Transportation and of the Fed-
eral Aviation Administration in the Department of
Transportation on the day before the effective date
of this Act which are incidental to, helpful to, or
necessary for, the performance of the functions
transferred by paragraph (1), or which relate pri-
marily to those functions.
(3) PERSONNEL, PROPERTY, RECORDS, AND
FUNDS.—So much of the personnel, property,
records, funds, accounts, and unexpended balances
of appropriations, allocations, and other funds of the
Department of Transportation and the Federal
Aviation Administration as are employed, used, held,
available, or to be made available in connection with
the functions transferred by paragraphs (1) and (2).
section or under any other provision of this Act shall not
relieve the Administrator of responsibility for the adminis-
tration of such functions.
SEC. 8. SUPPLEMENTAL PERSONNEL AND SERVICES.
(a) EXPERTS AND CONSULTANTS.—In addition to
the officers provided for by section 3, the Administrator
may obtain the services of experts and consultants in ac-
cordance with section 3109 of title 5, United States Code.
(b) PERSONNEL OF OTHER AGENCIES.—Upon re-
quest of the Administrator, the head of any Federal agen-
cy may detail, on a reimbursable basis, any of the person-
nel of such agency to assist the Administrator in carrying
out functions of the Administration.
(c) VOLUNTEER SERVICES.—
(1) IN GENERAL.—The Administrator may ac-
cept voluntary services of individuals in accordance
with the provisions of section 3111 of title 5, United
States Code and without regard to the provisions of
section 1342 of title 31, United States Code, if such
services will not be used to displace Federal employ-
ees employed on a full-time, part-time, or seasonal
basis.
(2) INCIDENTAL
EXPENSES.—The Adminis-
trator may provide for incidental expenses, including
transportation, lodging, and subsistence, for persons
who provide voluntary services pursuant to this sub-
section to the Administrator.
(3) NOT FEDERAL EMPLOYEES.—An individual
who provides voluntary services to the Administrator
pursuant to this subsection shall not be considered
to be a Federal employee for any purpose other than
for purposes of chapter 81 of title 5, United States
Code (relating to compensation for work injuries)
and chapter 171 of title 28, United States Code (re-
lating to tort claims).
SEC. 9. CONTRACTS.
The Administrator may, without regard to the provi-
sions of section 3324 of title 31, United States Code, and
subject to appropriations Acts, enter into and perform
contracts, leases, cooperative agreements, and other trans-
actions, on such terms and conditions as the Adminis-
trator considers appropriate, with any Federal agency or
any instrumentality of the United States, with any State,
territory, or possession, with any political subdivision
thereof, and with any person, (including any educational
institution) as may be necessary to carry out the functions
of the Administrator and the Administration.
SEC. 10. USE OF SERVICES, EQUIPMENT, PERSONNEL, AND
FACILITIES OF OTHER AGENCIES.
(a) IN GENERAL.—With the consent of the appro-
priate agency, the Administrator may, with or without re-
imbursement, use the services, equipment, personnel, and
facilities of Federal agencies and other public and private
agencies, and may cooperate with other public and private
agencies in the use of services, equipment, personnel, and
facilities.
(b) COOPERATION OF OTHER FEDERAL AGENCIES.—
The head of each Federal agency shall cooperate fully with
the Administrator in making the services, equipment, per-
sonnel, and facilities of the Federal agency available to
the Administrator.
(c) SUPPLIES
AND EQUIPMENT.—Notwithstanding
any other provision of law, the head of a Federal agency
may transfer to or receive from the Administration, with-
out reimbursement, supplies and equipment, other than
administrative supplies and equipment.
SEC. 11. ACQUISITION AND MAINTENANCE OF PROPERTY.
(a) IN GENERAL.—The Administrator may—
(1) acquire (by purchase, lease, condemnation,
or otherwise), construct, improve, repair, operate,
and maintain—
(A) air traffic control facilities and equip-
ment,
(B) research and testing sites and facili-
ties, and
(C) such other real and personal property
(including office space and patents), and any
interest therein within or outside the continen-
tal United States,
as the Administrator considers necessary;
(2) lease to others such real and personal prop-
erty; and
(3) provide by contract or otherwise for eating
facilities and other necessary facilities for the wel-
fare of employees of the Administration at its instal-
lations and purchase and maintain equipment for
such facilities.
(b) TITLE TO PROPERTY.—Title to any property or
interest therein acquired pursuant to this section shall be
in the United States.
(c) LIMITATION.—The authority granted by sub-
section (a) shall be available only with respect to facilities
of a special purpose nature that cannot readily be reas-
signed from similar Federal activities and are not other-
wise available for assignment to the Administration by the
Administrator of General Services.
(d) CONTRACTS AND LEASES SUBJECT TO APPRO-
PRIATIONS.—The authority of the Administrator to enter
into contracts and leases under this section shall be to
such extent and in such amounts as are provided in appro-
priation Acts.
SEC. 12. TRANSFERS OF FUNDS FROM OTHER FEDERAL
AGENCIES.
The Administrator may accept transfers from other
Federal agencies of funds which are available to carry
out—
(1) functions transferred by this Act to the Ad-
ministrator; or
(2) functions assigned by law to the Adminis-
trator after the date of the enactment of this Act.
SEC. 13. SEAL OF ADMINISTRATION.
The Administration shall cause a seal of office to be
made for the Administration of such design as the Admin-
istrator shall approve, and judicial notice shall be taken
of such seal.
SEC. 14. STATUS OF ADMINISTRATION UNDER CERTAIN
LAWS.
For purposes of chapter 9 of title 5, United States
Code, the Administration is an independent regulatory
agency.
SEC. 15. SAVINGS PROVISIONS.
(a) IN GENERAL.—All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges—
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal department or agency or official thereof, or
by a court of competent jurisdiction, in regard to
functions which are transferred under this Act to
the Administration on or after the date of the enact-
ment of this Act; and
(2) which are in effect on the effective date of
this Act;
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Administrator
or other authorized official, by a court of competent juris-
diction, or by operation of law.
(b) PENDING LICENSES, PERMITS, CERTIFICATES,
AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—This Act shall not affect any
proceedings or any application for any license, per-
mit, certificate, or financial assistance pending on
the effective date of this Act, and such proceedings
and applications, to the extent that they relate to
functions so transferred, shall be continued.
(2) PROCEEDINGS.—Orders shall be issued in
proceedings referred to in paragraph (1), appeals
shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not
been enacted, and orders issued in any such proceed-
ings shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law.
(3) DISCONTINUANCE
OR
MODIFICATION.—
Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any
proceeding under the same terms and conditions and
to the same extent that such proceeding could have
been discontinued or modified if this Act had not
been enacted.
(c) PENDING SUITS.—
(1) IN
GENERAL.—This Act shall not affect
suits commenced before the effective date of this
Act.
(2) PROCEEDINGS.—In all suits referred to in
paragraph (1), proceedings shall be had, appeals
taken, and judgments rendered in the same manner
and effect as if this Act had not been enacted.
(d) INTERIM APPOINTMENTS.—
(1) IN GENERAL.—In any case involving an of-
ficer required by this Act to be appointed by and
with the advice and consent of the Senate who has
not entered office on the effective date of this Act,
the President may designate the person who served
as such officer on the day before the effective date
of this Act to act in such office until the office is
filled as provided by this Act.
(2) COMPENSATION.—A person designated to
act in an office under paragraph (1) shall receive
compensation at the rate of pay provided by this Act
for the office in which the person acts.
SEC. 16. BUDGETARY TREATMENT OF THE AIRPORT AND
AIRWAY TRUST FUND.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the receipts and disbursements of the Airport
and Airway Trust Fund allocable to the transportation-
related operations of such Trust Fund, including disburse-
ments for administrative expenses incurred in connection
with such Trust Fund—
(1) shall not be included in the totals of—
(A) the budget of the United States Gov-
ernment as submitted by the President, or
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein);
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
net lending (budget outlays) of the United States
Government; and
(3) shall be exempt from any order issued
under part C of the Balanced Budget and Emer-
gency Deficit Control Act of 1985.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect October 1, 1995.
SEC. 17. LAWS AND REGULATIONS.
Except as otherwise provided in this Act, all laws,
rules, and regulations in effect and applicable to the Fed-
eral Aviation Administration of the Department of Trans-
portation or to the Administrator of such Administration
on the date immediately preceding the effective date of
this Act shall, on and after such effective date, be applica-
ble to the Federal Aviation Administration and the Ad-
ministrator established by this Act, until such law, rule,
or regulation is repealed or otherwise modified or amend-
ed.
SEC. 18. REPEAL.
Section 106 of title 49, United States Code (relating
to the establishment of the Federal Aviation Administra-
tion in the Department of Transportation), is repealed.
SEC. 19. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Aviation Administration es-
tablished by section 2.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration appointed under section 3.
SEC. 20. EFFECTIVE DATE.
Except as provided in section 16(b), this Act shall
take effect 180 days after the date of its enactment.
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