Civil Aeronautics Board Sunset Act of 1984
PL 98-443 (H.R.5297), enacted 10/04/1984

PUBLIC LAW 98-443—OCT. 4, 1984 
98 STAT. 1703 
Public Law 98-443 
98th Congress 
An Act 
To amend the Federal Aviation Act of 1958 to terminate certain functions of the Civil 
Aeronautics Board, to transfer certain functions of the Board to the Secretary of 
Transportation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Civil Aeronautics Board 
Sunset Act of 1984". 
Oct. 4, 1984 
[H.R. 5297] 
Civil 
Aeronautics 
Board Sunset 
Act of 1984. 
49 u s e app. 1301 
note. 
AMENDMENT OF FEDERAL AVIATION ACT OF 1958 
SEC. 2. Except as otherwise expressly provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Federal 
Aviation Act of 1958 (49 U.S.C. 1301 et seq.). 
TERMINATION AND TRANSFER OF FUNCTIONS UNDER THE FEDERAL 
AVIATION ACT OF 1958 
SEC 3. (a) Section 1601(b)(1)(C) is amended by striking out "Jus-
tice" and inserting in lieu thereof "Transportation". 
(b) Section 1601(a)(3) is amended by inserting after "Act" the 
following: "(other than section 204)". 
(c) Section 1601(a) is amended by adding at the end thereof the 
following: 
"(4) The following provisions of this Act (to the extent such 
provisions relate to interstate and overseas air transportation) and 
the authority of the Board with respect to such provisions (to the 
same extent) shall cease to be in effect on January 1,1985: 
"(A) Sections 401 (1) and (m) and 405 (b), (c), and (d) of this Act 
(except insofar as such sections apply to the transportation of 
mail between two points both of which are within the State of 
A 1 O C I T Q ) 
"(B) Section 403 of this Act. 
"(C) Section 404 of this Act (except insofar as such section 
requires air carriers to provide safe and adequate service). 
"(5) The following provisions of this Act and the authority of the 
Board with respect to such provisions shall cease to be in effect on 
January 1, 1985: 
"(A) Sections 407 (b) and (c) of this Act. 
"(B) Section 410 of this Act. 
"(C) Section 417 of this Act. 
"(D) Sections 1002 (d), (e), (g), (h), and (i) of this Act (except 
insofar as any of such sections relate to foreign air trans-
portation). 
49 u s e app. 1301 
note. 
49 u s e app. 
1551. 
Effective dates. 
49 u s e app. 
1371, 1375. 
49 u s e app. 
1373. 
49 u s e app. 
1374. 
49 u s e app. 
1377. 
49 u s e app. 
1380. 
49 u s e app. 
1387. 
49 u s e app. 
1482. 
98 STAT. 1704 
PUBLIC LAW 98-443—OCT. 4, 1984 
49 u s e app. 
1382. 
49 u s e app. 
1384. 
49 u s e app. 
1378, 1379, 1384. 
Alaska, mail 
transportation. 
49 u s e app. 
1371, 1375. 
Alaska, mail 
transportation. 
49 u s e app. 
1551. 
Effective date. 
Alaska, mail 
transportation. 
Effective date. 
49 u s e app. 
1553. 
49 u s e app. 
1159b. 
49 u s e app. 1151 
note. 
15 u s e 1692Z. 
Alaska, mail 
transportation. 
"(6) Sections 412 (a) and (b) of this Act (to the extent such sections 
relate to interstate and overseas air transportation) and section 414 
of this Act (to the extent such section relates to orders made under 
sections 412 (a) and (b) with respect to interstate and overseas air 
transportation) and the authority of the Secretary of Transportation 
under such sections (to the same extent) shall cease to be in effect on 
January 1,1989. 
"(1) Sections 408 and 409 of this Act and section 414 of this Act 
(relating to such sections 408 and 409) and the authority of the 
Secretary of Transportation under such sections (to the same extent) 
shall cease to be in effect on January 1,1989. 
"(8) Sections 401 (1) and (m) and 405 (b), (c), and (d) of this Act (to 
the extent such sections apply to the transportation of mail between 
two points both of which are within the State of Alaska) shall cease 
to be in effect on January 1,1989.". 
(d) Section 1601(b)(1)(D) is amended by inserting after "transporta-
tion" the following: "(other than for the carriage of mails between 
any two points both of which are within the State of Alaska)". 
(e) Section 1601(b)(1) is amended by adding at the end thereof the 
following: 
"(E) All authority of the Board under this Act which is not 
terminated under subsection (a) of this section on or before 
January 1, 1985, and is not otherwise transferred under this 
subsection is transferred to the Department of Transportation.". 
(f) Section 1601(b) is amended by adding at the end thereof the 
following: 
"(3) The authority of the Secretary of Transportation under this 
Act with respect to the determination of the rates for the carriage of 
mails between any two points both of which are within the State of 
Alaska is transferred to the Postal Service and such authority shall 
be exercised through negotiations or competitive bidding. The trans-
fer of authority under this paragraph shall take effect on January 1, 
1989.". 
TRANSFERS OF FUNCTIONS UNDER OTHER LAWS 
SEC. 4. (a) There are hereby transferred to and vested in the 
Secretary of Transportation all functions, powers, and duties of the 
Civil Aeronautics Board under the following provisions of law: 
(1) The International Air Transportation Fair Competitive 
Practices Act of 1974 (49 U.S.C. 1159b). 
(2) The International Aviation Facilities Act (49 U.S.C. 1151-
1160). 
(3) The Animal Welfare Act (7 U.S.C. 2131 et seq.). 
(4) Section 11 of the Clayton Act (15 U.S.C. 21). 
(5) Sections 108(a)(4), 6210D)(5), 704(a)(5), and 814(b)(5) of the 
Consumer Credit Protection Act (15 U.S.C. 1607(a)(4), 1681s(b)(5), 
1691c(a)(5), and 16921(b)(5)). 
(6) Section 382 of the Energy Policy and Conservation Act (89 
Stat. 939, 42 U.S.C. 6362). 
(7) Section 401 of the Federal Election Campaign Act of 1971 
(2 U.S.C. 451). 
(8) Section 5402 of title 39, United States Code (to the extent 
such section relates to foreign air transportation and to air 
transportation between any two points both of which are within 
the State of Alaska). 
(9) Sections 4746 and 9746 of title 10, United States Code. 
PUBLIC LAW 98-443—OCT. 4, 1984 
98 STAT. 1705 
(10) Section 3 of the Act entitled "An Act to encourage travel 
in the United States, and for other purposes" (16 U.S.C. 18b). 
(b) The transfer of any authority under subsection (a) of this 
section shall take effect on January 1,1985. 
(c) The authority of the Secretary of Transportation under section 
5402 of title 39, United States Code, with respect to air transporta-
tion between any two points both of which are within the State of 
Alaska shall cease to be in effect on January 1,1989. 
Effective date. 
Alaska, mail 
transportation. 
Effective date. 
COLLECTION OF DATA 
SEC. 5. (a) Section 329(b)(1) of title 49, United States Code, is 
amended to read as follows: 
"(1) collect and disseminate information on civil aeronautics 
(other than that collected and disseminated by the National 
Transportation Safety Board under title VII of the Federal 
Aviation Act of 1958 (49 U.S.C. 1441 et seq.)) including, at a 
minimum, information on (A) the origin and destination of 
passengers in interstate and overseas air transportation (as 
those terms are used in such Act), and (B) the number of 
passengers traveling by air between any two points in interstate 
and overseas air transportation; except that in no case shall the 
Secretary require an air carrier to provide information on the 
number of passengers or the amount of cargo on a specific flight 
if the flight, and the flight number under which such flight 
operates are used solely for interstate or overseas air transpor-
tation and are not used for providing essential air transporta-
tion under section 419 of the Federal Aviation Act of 1958;". 
(b) The amendment made by this section shall take effect on 
January 1,1985. 
REPORTS 
SEC. 6. (a) The Secretary of Transportation shall submit a report 
to the appropriate committees of Congress not later than July 1, 
1987, listing (1) transactions submitted to the Secretary for approval 
under section 408 of the Federal Aviation Act of 1958, (2) interlock-
ing relations submitted to the Secretary for approval under section 
409 of such Act, and (3) the types of agreements filed with the 
Secretary of Transportation under section 412 of such Act, and, with 
respect to such transactions, interlocking relationships, and agree-
ments, those that have been exempted from the operation of the 
antitrust laws under section 414 of such Act. The Secretary shall 
recommend whether the authority under such sections 408, 409, 412, 
and 414 should be retained or repealed with respect to interstate 
and overseas air transportation and with respect to foreign air 
transportation. 
(b) The Secretary of Transportation and the Postmaster General 
shall each submit a report to the appropriate committees of Con-
gress not later than July 1, 1987, describing how the Secretary and 
the Postmaster General have administered their respective authori-
ties to establish rates for the air transportation of mail and setting 
forth the recommendations of the Secretary and the Postmaster 
General as to whether the authority to establish rates for the 
transportation of mail between points within the State of Alaska 
should continue to be carried out by the Secretary by regulatory 
ratemaking or by the Postal Service through negotiations or com-
petitive bidding. 
49 u s e app. 1441. 
Effective date. 
49 u s e 329 note. 
49 u s e app. 1551 
note. 
49 u s e app. 
1378. 
49 u s e app. 
1379. 
49 u s e app. 
1382. 
49 u s e app. 
1384. 
31-194 - 0 - 86 - li 
QL. 3 Part 2 
STAT. 1706 
PUBLIC LAW 98-443—OCT. 4, 1984 
49 u s e app. 
1381. 
INCORPORATION BY REFERENCE 
SEC. 7. (a) Section 411 of the Federal Aviation Act of 1958 is 
amended by inserting "(a)" after "SEC. 411." and by adding at the 
end thereof the following new subsection: 
INCORPORATION BY REFERENCE 
"(b) Any air carrier may incorporate by reference in any ticket or 
other written instrument any of the terms of the contract of car-
riage in interstate and overseas air transportation, to the extent 
such incorporation by reference is in accordance with regulations 
issued by the Board.". 
(b) Section 411 of the Federal Aviation Act of 1958 is amended by 
inserting before subsection (a) (as designated by subsection (a) of this 
section) the following subsection heading: 
"INVESTIGATIONS". 
(c) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
center heading 
"TITLE IV—AIR CARRIER ECONOMIC REGULATION" 
is amended by striking out 
/ * -T. 
"Sec. 411. Methods of competition.". 
and inserting in lieu thereof 
"Sec. 411. Methods of competition. 
"(a) Investigations. 
"(b) Incorporation by reference.". 
49 u s e app. 1371 
note. 
49 u s e app. 
1371, 1388. 
49 u s e app. 
1301. 
49 u s e app. 
1388. 
49 u s e app. 
1537. 
49 u s e app. 
1159a. 
49 u s e app. 
1159b. 
REFERENCES TO CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 
SEC. 8. Any reference in any law to a certificate of public conven-
ience and necessity, or to a certificate of convenience and necessity, 
issued by the Civil Aeronautics Board shall be deemed to refer to a 
certificate issued under section 401 or 418 of the Federal Aviation 
Act of 1958. 
MISCELLANEOUS AMENDMENTS 
SEC. 9. (a)(1) Section 101(11) is amended to read as follows: 
"(11) 'All-cargo air service' means the carriage by aircraft in 
interstate or overseas air transportation of only property or mail, or 
both.". 
(2) Section 418(b)(3) is repealed. 
(b) Section 1307(a) is amended by striking out ", after consultation 
with the Civil Aeronautics Board,". 
(c) Section 11 of the International Aviation Facilities Act (49 
U.S.C. 1159a) is amended in the second sentence by striking out 
"and the Civil Aeronautics Board" and by striking out "in collabora-
tion with the Civil Aeronautics Board" and inserting in lieu thereof 
"in collaboration with the Secretary of Transportation". 
(d) Section 2 of the International Air Transportation Fair Com-
petitive Practices Act of 1974 (49 U.S.C. 1159b) is amended by— 
(1) striking out "the Civil Aeronautics Board," in subsection 
(a); 
PUBLIC LAW 98-443—OCT. 4, 1984 
98 STAT. 1707 
(2) striking out "Civil Aeronautics Board" and "Board" each 
time they appear in subsection O
b
) and the first sentence of 
subsection (d) and inserting in lieu thereof "Secretary of Trans-
portation" and "Secretary', respectively; 
(3) striking out "and the Department of Transportation" in 
subsection (b)(2); and 
(4) striking out the last sentence in subsection (d) and insert-
ing in lieu thereof the following: "The Secretaries of State and 
Treasury shall furnish to the Secretary of Transportation such 
information as may be necessary to prepare the report required 
by this subsection.'. 
(e) Section 5314 of title 5, United States Code, is amended by 
striking out "Chairman, Civil Aeronautics Board.". Section 5315 of 
title 5, United States Code, is amended by striking out "Members, 
Civil Aeronautics Board.". 
(f) Section 3726(bXl) of title 31, United States Code, is amended by 
striking out "Civil Aeronautics Board" and inserting in lieu thereof 
"Secretary of Transportation with respect to foreign air transporta-
tion (as defined in the Federal Aviation Act of 1958)". 
49 use app. 1301 
(g)(1) Sections 3401 (b) and (c) of title 39, United States Code, are 
note. 
each amended by striking out "Civil Aeronautics Board" and insert-
ing in lieu thereof "Secretary of Transportation". 
(2) Section 5005(b)(3) of title 39, United States Code, is amended by 
striking out "Civil Aeronautics Board" and inserting in lieu thereof 
"Secretary of Transportation if for the carriage of mail in foreign air 
transportation (as defined in section 101 of the Federal Aviation Act 
of 1958)". 
49 use app. 
(3) Section 5401(b) of title 39, United States Code, is amended by 
I30i. 
striking out "Civil Aeronautics Board" and inserting in lieu thereof 
"Secretary of Transportation". 
(4) Section 5402 of title 39, United States Code, is amended— 
(A) by striking out "Civil Aeronautics Board" each place it 
appears and inserting in lieu thereof "Secretary of Trans-
portation"; 
(B) in the first sentence of subsection (a), by inserting "in 
foreign air transportation" after "points"; 
(C) in the second sentence of subsection (a), by striking out "10 
percent of the domestic mail transported under any such con-
tract or"; 
(D) in the first sentence of subsection (b), by inserting "in 
foreign air transportation" after "points"; 
(E) in the first sentence of subsection (c), by inserting "in 
foreign air transportation" after "points"; and 
(F) by adding at the end thereof the following new 
subsections: 
"(d) The Postal Service may contract with any air carrier for the 
transportation of mail by aircraft in interstate and overseas air 
transportation either through negotiations or competitive bidding. 
"(e) For purposes of this section, the terms 'air carrier', 'interstate 
air transportation', 'overseas air transportation', and 'foreign air 
transportation' have the meanings given such terms in section 101 
of the Federal Aviation Act of 1958 (49 U.S.C. 1301). 
"(f) During the period beginning January 1, 1985, and ending 
Effective date. 
January 1, 1989, the authority of the Secretary of Transportation 
and the Postal Service under subsections (a), Ot)), and (c) of this 
section shall also apply, and the authority of the Postal Service 
under subsection (d) shall not apply, to the transportation of mail by 
98 STAT. 1708 
PUBLIC LAW 98-443—OCT. 4, 1984 
aircraft between any two points both of which are within the State 
of Alaska and between which the air carrier is authorized by the 
Secretary to engage in the transportation of mail.". 
(h) Section 3502(10) of title 44, United States Code, is amended by 
striking out "the Civil Aeronautics Board,". 
(i) Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is 
amended by striking out "the Civil Aeronautics Board" and insert-
ing in lieu thereof "the Secretary of Transportation". 
(j) Section 203(j) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1622(j)) is amended by striking out "the Civil Aeronautics 
Board". 
(k) Sections 4746 and 9746 of title 10, United States Code, are each 
amended by striking out "Civil Aeronautics Board" and inserting in 
lieu thereof "Secretary of Transportation". 
(1) Section 7 of the Clayton Act (15 U.S.C. 18) is amended in the 
final paragraph by striking out "Civil Aeronautics Board" and 
inserting in lieu thereof "Secretary of Transportation" and by strik-
ing out "Commission, Secretary, or Board 
and inserting in lieu 
thereof "Commission or Secretary". 
(m) Section 11 of the Clayton Act (15 U.S.C. 21) is amended— 
(1) in subsection (a), by striking out "Civil Aeronautics Board" 
and inserting in lieu thereof "Secretary of Transportation" and 
by striking out "Civil Aeronautics Act of 1938" and inserting in 
lieu thereof "Federal Aviation Act of 1958"; 
(2) in subsection (b), by striking out "Commission or Board" 
each place it appears and inserting in lieu thereof "Commission, 
Board, or Secretary"; and 
(3) by striking out "commission or board" each place it ap-
pears in such section and inserting in lieu thereof "commission, 
board, or Secretary". 
(n) The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is 
amended by striking out "Civil Aeronautics Board" and inserting in 
lieu thereof "Secretary of Transportation" each place it appears in 
section 108(a)(4) (15 U.S.C. 1607(a)(4)), section 621(b)(5) (15 U.S.C. 
1681s(b)(5)), section 704(a)(5) (15 U.S.C. 1691c(a)(5)), and section 
814(bX5) (15 U.S.C. 16921(b)(5)). 
(o) Section 3 of the Act entitled "An Act to encourage travel in the 
United States, and for other purposes" (16 U.S.C. 18b; 54 Stat. 773), 
is amended by striking out "the Civil Aeronautics Authority,". 
26 use 47. 
(p) Section 47(a)(7)(C) of the Internal Revenue Code of 1954 is 
amended by striking out "Civil Aeronautics Board" and inserting in 
lieu thereof "Secretary of Transportation". 
26 use 7701. 
(q) Section 7701(a)(33)(E) of the Internal Revenue Code of 1954 is 
amended by striking out "Civil Aeronautics Board" and inserting in 
lieu thereof "Secretary of Transportation". 
49useapp. 
(r) Section 419(c)(1) is amended by striking out "416(b)(3)" and 
1389. 
inserting in lieu thereof "416a))(4)". 
49 use app. 
(s) Section 412(c)(2) is amended by striking out "subsection (c) of 
1382. 
this section" and inserting in lieu thereof "subsection (a) of this 
section". 
49 use app. 
(t) Section 407(e) is amended by striking out the first sentence and 
1377. 
inserting in lieu thereof the following: "The Board shall have access 
to all lands, buildings, and equipment of any air carrier or foreign 
air carrier when necessary for a determination under section 401, 
49 use app. 
402, 418, or 419 of this title that such carrier is fit, willing, and able. 
1371,1372,1388, 
The Board shall at all times have access to all accounts, records, and 
memorandums, including all documents, papers, and correspond-
PUBLIC LAW 98-443—OCT. 4, 1984 
98 STAT. 1709 
ence, now or hereafter existing, and kept or required to be kept by 
air carriers, foreign air carriers, or ticket agents. The Board may 
employ special agents or auditors, who shall have authority under 
the orders of the Board to inspect and examine lands, buildings, 
equipment, accounts, records, and memorandums to which the 
Board has access under this subsection.". 
(u) Section 105(a)(1) is amended by striking out "interstate air 
49 USC app. 
transportation" and inserting in lieu thereof "air transportation". 
1305. 
(v) The amendments made by this section shall take effect on 
Effective date. 
January 1,1985. 
5 USC 5314 note. 
TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL 
SEC. 10. (a) The personnel (including members of the Senior 
49 use app. 
Executive Service) employed in connection with, and the assets, 
1554. 
liabilities, contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds em-
ployed, held, used, arising from, available to or to be made available 
in connection with, any function transferred by section 1601(b) of 
the Federal Aviation Act of 1958 or section 4 of this Act, subject to 
49 USC app. 
section 1531 of title 31, United States Code, shall be transferred to 
1551. 
the head of the agency to which such function is transferred for 
appropriate allocation. Personnel employed in connection with func-
tions so transferred, Or transferred in accordance with any other 
lawful authority, shall be transferred in accordance with any appli-
cable laws and regulations relating to transfer of functions. Unex-
pended funds transferred pursuant to this subsection shall only be 
used for the purpose for which the funds were originally authorized 
and appropriated. 
(b) In order to facilitate the transfers made by section 1601(b) of 
the Federal Aviation Act of 1958 and section 4 of this Act, the 
Director of the Office of Management and Budget is authorized and 
directed, in consultation with the Civil Aeronautics Board and the 
heads of the agencies to which functions are so transferred, to make 
such determinations as may be necessary with regard to the func-
tions so transferred, and to make such additional incidental disposi-
tions of personnel, assets, liabilities, contracts, property, records, 
and unexpended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available to, or to be 
made available in connection with, such functions, as may be neces-
sary to resolve disputes between the Civil Aeronautics Board and 
the agencies to which functions are transferred by section 1601(b) of 
the Federal Aviation Act of 1958 and section 4 of this Act. 
(c) The Chairman of the Civil Aeronautics Board and the Secre-
tary of Transportation shall, beginning as soon as practicable after 
the date of enactment of this Act, jointly plan for the orderly 
transfer of functions and personnel pursuant to section 1601(b) of 
the Federal Aviation Act of 1958 and section 4 of this Act. 
EFFECT ON PERSONNEL 
SEC. 11. (a) Employees covered by the merit pay system under 
49 use app. 
chapter 54 of title 5, United States Code, who are transferred under 
^^^^ 
section 10 of this Act to another agency shall have their rate of basic 
^^ 
^^^^ ^* 
pay adjusted in accordance with,section 5402 of such title. With 
5 use 5402 
respect to the evaluation period during which such an employee is 
transferred, merit pay determinations for that employee shall be 
98 STAT. 1710 
P U B L I C L A W 98-443—OCT. 4, 1984 
5 use 5402. 
based on the factors in section 5402(b)(2) of such title as appraised in 
performance appraisals administered by the Civil Aeronautics 
Board in accordance with chapter 43 of title 5, United States Code, 
5 use 4301 et 
in addition to those administered by the agency to which the 
seg 
employee is transferred. 
(b) With the consent of the Civil Aeronautics Board, the head of 
each agency to which functions are transferred by section 1601(b) of 
49 use app. 
the Federal Aviation Act of 1958 or section 4 of this Act is author-
1551. 
i2ed to use the services of such officers, employees, and other 
personnel of the Board for such period of time as may reasonably be 
needed to facilitate the orderly transfer of such functions. 
SAVINGS PROVISIONS 
49 use app. 
SEC. 12. (a) All orders, determinations, rules, regulations, permits, 
1556. 
contracts, certificates, licenses, and privileges— 
(1) which have been issued, made, granted, or allowed to 
become effective by the President, any agency or official 
thereof, or by a court of competent jurisdiction, in the perform-
ance of any function which is transferred by section 1601(b) of 
the Federal Aviation Act of 1958 or section 4 of this Act from 
the Civil Aeronautics Board to another agency, and 
(2) which are in effect on December 31,1984, 
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law 
by the head of the agency to which such function is transferred, or 
other authorized officials, a court of competent jurisdiction, or by 
operation of law. 
(b) The transfers of functions made by section 1601(b) of the 
Federal Aviation Act of 1958 and section 4 of this Act shall not 
affect any proceedings or any application for any license, permit, 
certificate, or financial assistance pending at the time such transfers 
take effect before the Civil Aeronautics Board; but such proceedings 
and applications, to the extent that they relate to functions so 
transferred, shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and pa5mients shall 
be made pursuant to such orders, as if such sections 16010?) and 4 
had not been enacted; and orders issued in any such proceedings 
shall continue in effect until modified, terminated, superseded, or 
revoked by a duly authorized official, by a court of competent 
jurisdiction, or by operation of law. Nothing in this subsection shall 
be deemed to prohibit the discontinuance or modification of any 
such proceeding under the same terms and conditions and to the 
same extent that such proceeding could have been discontinued or 
modified if such sections 1601(b) and 4 had not been enacted. 
(c) Except as provided in subsection (e)— 
(1) the transfer of any function under section 1601(b) of the 
Federal Aviation Act of 1958 or section 4 of this Act shall not 
affect any suit relating to such function which is commenced 
prior to the date the transfer takes effect, and 
(2) in all such suits, proceedings shall be had, appeals taken, 
and judgments rendered in the same manner and effect as if 
section lOOlOb) of the Federal Aviation Act of 1958 and section 4 
of this Act had not been enacted. 
(d) No suit, action, or other proceeding commenced by or against 
any officer in his official capacity as an officer of the Civil Aeronau-
tics Board shall abate by reason of the transfer of any function 
PUBLIC LAW 98-443—OCT. 4, 1984 
98 STAT. 1711 
under section 1601(b) of the Federal Aviation Act of 1958 or section 4 
49 USC app. 
of this Act. No cause of action by or against the Civil Aeronautics 
i^si. 
Board, or by or against any officer thereof in his official capacity 
shall abate by reason of the transfer of any function under section 
1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act. 
(e) If, before January 1, 1985, the Civil Aeronautics Board, or 
officer thereof in his official capacity, is a party to a suit relating to 
a function transferred by section 1601(b) of the Federal Aviation Act 
of 1958 or section 4 of this Act, then such suit shall be continued 
with the head of the Federal agency to which the function is 
transferred. 
(f) With respect to any function transferred to another agency by 
section 1601(b) of the Federal Aviation Act of 1958 or by section 4 of 
this Act and exercised after the effective date of such transfer, 
reference in any Federal law (other than title XVI of the Federal 
Aviation Act of 1958) to the Civil Aeronautics Board or the Board 
49 use app. 
(insofar as such term refers to the Civil Aeronautics Board), or to 
1551. 
any officer or office of the Civil Aeronautics Board, shall be deemed 
to refer to that agency, or other official or component of the agency, 
in which such function vests. 
(g) In the exercise of any function transferred under section 
1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act, 
the head of the agency to which such function is transferred shall 
have the same authority as that vested in the Civil Aeronautics 
Board with respect to such function, immediately preceding its 
transfer, and actions of the head of such agency in exercising such 
function shall have the same force and effect as when exercised by 
the Civil Aeronautics Board. 
(h) In exercising any function transferred by section 1601(b) of the 
Federal Aviation Act of 1958 or section 4 of this Act, the head of the 
agency to which such function is transferred shall give full consider-
ation to the need for operational continuity of the function 
transferred. 
DEFINITIONS 
SEC. 13. For purposes of this Act— 
49 use app. 
(1) the term "agency" has the same meaning such term has in 
1557. 
section 551(1) of title 5, United States Code; and 
(2) the term "function" means a function, power, or duty. 
ACCESS FOR HANDICAPPED PERSONS 
SEC. 14. Section 104 is amended by adding at the end thereof the 
49 use app. 
following new sentence: "In the furtherance of such right, the Board 
1^04. 
or the Secretary, as the case may be, shall consult with the Architec-
tural and Transportation Barriers Compliance Board established 
under section 502 of the Rehabilitation Act of 1973, prior to issuing 
29 use 792. 
or amending any order, rule, regulation, or procedure that will have 
a significant impact on the accessibility of commercial airports or 
commercial air transportation for handicapped persons.". 
STUDY OF TRANSPORTATION TO AND FROM WASHINGTON DULLES 
AIRPORT 
SEC. 15. (a) The Secretary of Transportation shall study the feasi- 
49 use app. 2423 
bility of constructing a rail rapid transit line between the West Falls ^°^^-
Church, Virginia, station of the Washington, District of Columbia 
98 STAT. 1712 
PUBLIC LAW 98-443—OCT. 4, 1984 
metrorail system and Dulles International Airport in Virginia. The 
study shall include, but need not be limited to, a study of the 
feasibility of heavy rail, light rail, monorail, magnetic levitation 
systems, and any other appropriate transportation systems. The 
Secretary shall study the feasibility of each such system with and 
without intermediate stops. 
(b) The Secretary shall complete the study required by subsection 
(a) and transmit the results thereof to Congress not later than one 
year after the date of enactment of this Act. 
49 u s e app. 1389 
note. 
49 u s e app. 
1389. 
Effective date. 
Report. 
AIR SERVICE IN THE STATE OF ALASKA 
SEC. 16. (a)(1) Notwithstanding any other provision of law, with 
respect to air transportation to each of the points in Alaska listed in 
paragraph (4), essential air transportation for purposes of section 
419 of the Federal Aviation Act of 1958 shall neither be specified at 
a level of service nor operated with aircraft of lesser seating and 
cargo capacity than provided for in CAB Order 80-1-167 and its 
Appendices unless otherwise specified under an agreement between 
the Department of Transportation and the State of Alaska, after 
consultation with the community affected. This paragraph shall 
cease to be in effect on January 1,1987. 
(2) Notwithstanding any other provision of law, the total amount 
of compensation which may be paid under section 419 of the Federal 
Aviation Act of 1958 with respect to the points in Alaska listed in 
paragraph (4) shall not exceed $3,572,778 for each of the fiscal years 
1985 and 1986 and shall not exceed $893,195 for service provided 
during the period beginning October 1,1986, and ending at the close 
of December 31,1986. 
(3) The Secretary of Transportation shall study the feasibility of 
providing essential air transportation to each of the points in Alaska 
listed in paragraph (4) with aircraft having a smaller capacity than 
that required by paragraph (1), the level of compensation which 
would be required under section 419 of the Federal Aviation Act of 
1958 for such transportation, and the impact of using such aircraft 
on the air transportation system in Alaska. The Secretary shall 
complete such study and submit a report of the results of such study 
to Congress not later than January 1,1986. 
PUBLIC LAW 98-443—OCT. 4, 1984 
98 STAT. 1713 
(4) The points in Alaska referred to in paragraphs (1), (2), and (3) 
are Cordova, Yakutak, Gustavus, Petersburg, and Wrangell. 
(b) Notwithstanding any other provision of law, no part of the 
Effective date. 
order of the Civil Aeronautics Board in CAB docket number 38961 
(CAB Order 84-6-77) shall enter into effect until after December 31, 
1984. 
Approved October 4, 1984. 
LEGISLATIVE HISTORY—H.R. 5297: 
HOUSE REPORTS: No. 98-793 (Comm. on Public Works and Transportation) and No. 
98-1025 (Comm. of Conference). 
CONGRESSIONAL RECORD, VoL 130 (1984): 
June 5, considered and passed House. 
Aug. 8, considered and passed Senate, amended. 
Sept. 19, House agreed to conference report. 
Sept. 20, Senate agreed to conference report.