Home > 104th Congressional Bills > H.R. 2276 (ih) To establish the Federal Aviation Administration as an independent establishment in the executive branch, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled...

H.R. 2276 (ih) To establish the Federal Aviation Administration as an independent establishment in the executive branch, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled...


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future growth in the Nation's air traffic system, improve the 
management and performance of the air traffic control system, and make 
the Administration more efficient and effective. The financing 
mechanisms to be reviewed shall include, but not be limited to, loan 
guarantees, financial partnerships with for-profit private sector 
entities, multi-year appropriations, revolving loan funds, mandatory 
spending authority, authority to borrow, and restructured grant 
programs.
    (b) Appointment of Members.--Not later than 90 days after the date 
of the appointment of at least 2 members of the Board, the Board shall 
appoint members to the panel established under this section. Such 
members shall consist of appropriate Federal Government officials and 
representatives of the aviation industry, Administration employees, the 
financial community, and State and local governments.
    (c) Independent Audit.--Immediately following appointment of the 
panel, and utilizing funds appropriated for Federal Aviation 
Administration headquarters operations, the panel shall contract with 
an entity independent of the Federal Aviation Administration and the 
Department of Transportation to conduct a complete audit of the 
financial requirements of the agency, including anticipated air traffic 
forecasts, other workload measures, and estimated productivity gains 
which lead to budgetary requirements. The independent audit shall be 
completed no later than 180 days after contract award and shall be 
submitted to the panel.
    (d) Travel and Per Diem.--Each member of the panel established 
under this section shall be paid actual travel expenses, and per diem 
in lieu of subsistence expenses when away from his or her usual place 
of residence, in accordance with section 5703 of title 5, United States 
Code.
    (e) Applicability of Federal Advisory Committees Act.--The select 
panel established under this section shall be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).
    (f) Report.--Not later than 1 year after the date of the 
appointment of the last member to the panel under subsection (b), the 
panel shall submit to Congress and the Federal Aviation Administration 
a report on the results of the review conducted under this section.

SEC. 9. TRANSFER OF 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 which under this Act 
(including the amendments made by this Act) are made functions of the 
Federal Aviation Administration established by section 1311 of title 
49, United States Code, are transferred to the Federal Aviation 
Administration.

SEC. 10. SAVINGS PROVISIONS.

    (a) Orders, Regulations, Contracts, and Certificates.--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 or any Federal department or 
        agency or official thereof or by a court of competent 
        jurisdiction, on or after the effective date of this section in 
        regard to functions which under this Act (including the 
        amendments made by this Act) are made functions of the Federal 
        Aviation Administration established by section 1311 of title 
        49, United States Code; and
            (2) which are in effect on the effective date of this 
        section,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Federal Aviation Board, or other authorized 
officials, by a court of competent jurisdiction, or by operation of 
law.
    (b) Proceedings and Applications.--The provisions of this Act 
(including the amendments made by this Act) shall not affect any 
proceedings or any application for any license, permit, certificate, or 
financial assistance pending on the effective date of this section, and 
such proceedings and applications, to the extent that they relate to 
functions under this Act that are made functions of the Administration, 
shall be continued. Orders shall be issued in such proceedings, 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 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 extent that such proceeding could have been discontinued or 
modified if this Act had not been enacted.
    (c) Suits.--
            (1) Effect on pending suits.--The provisions of this Act 
        (including the amendments made by this Act) shall not affect 
        suits commenced prior to the effective date of this section.
            (2) Procedures.--In all suits commenced prior to the 
        effective date of this section, proceedings shall be had, 
        appeals taken, and judgments rendered in the same manner and 
        effect as if this Act had not been enacted.
    (d) Administrator.--If the Chief Executive Officer of the Federal 
Aviation Administration is not appointed by the Federal Aviation Board 
on the effective date of this section, the person serving as the 
Administrator of the Federal Aviation Administration on the day before 
such effective date shall act as the Chief Executive Officer until the 
Chief Executive Officer is appointed as provided in section 1313 of 
title 49, United States Code. While so acting, such person shall 
receive compensation at the rate such person was receiving on the day 
before such effective date.
    (e) Agreements With Department of Defense.--Any agreement between 
the Federal Aviation Administration and the Department of Defense in 
effect on the day before the date of the enactment of this Act shall 
remain in effect until terminated in accordance with the terms of such 
agreement.

SEC. 11. LAWS AND REGULATIONS.

    Except to the extent otherwise provided in this Act (including the 
amendments made by this Act), all laws, rules, regulations, and 
executive orders in effect and applicable to the Federal Aviation 
Administration of the Department of Transportation and to the 
Administrator of such Administration on the day before the effective 
date of this Act shall, on and after such effective date, be applicable 
to the Federal Aviation Administration and the Federal Aviation Board 
established by this Act (including the amendments made by this Act), 
until such law, rule, regulation, or executive order is repealed or 
otherwise modified or amended.

SEC. 12. TERMINATION OF FAA OF DOT.

    The Federal Aviation Administration of the Department of 
Transportation is terminated.

SEC. 13. CORRESPONDING REDUCTIONS IN OFFICE OF SECRETARY.

    The Secretary of Transportation shall terminate 200 employee 
positions in the Office of the Secretary to reflect reductions in the 
aviation responsibilities in the Office of the Secretary by enactment 
of this Act.

SEC. 14. CONFORMING AMENDMENTS.

    (a) Federal Aviation Administration in DOT.--
            (1) In general.--Subject to paragraph (2), subsections (a) 
        through (j) of section 106 are repealed.
            (2) Technical adjustments.--
                    (A) In general.--Subchapter II of chapter 13 (as 
                inserted by section 3 of this Act) is amended--
                            (i) by adding at the end the following new 
                        section heading:
``Sec. 1317. Civil Aeromedical Institute''; and
                            (ii) by inserting the text of section 
                        106(j) as an undesignated paragraph under such 
                        section heading.
                    (B) Chapter analysis amendment.--The analysis for 
                such chapter is amended by adding after the item 
                relating to section 1316 the following:

``1317. Civil Aeromedical Institute.''.
            (3) Authorization of appropriations for faa operations.--
                    (A) Fiscal year 1996.--Section 106(k) is amended 
                by--
                            (i) striking ``(k) Authorization of 
                        Appropriations for Operations.--''; and
                            (ii) by striking ``Secretary of 
                        Transportation'' and inserting ``Federal 
                        Aviation Administration''.
                    (B) Conforming amendment.--Effective September 30, 
                1996, section 106, as amended by this subsection, and 
                the item relating to section 106 in the analysis for 
                chapter 1 are repealed.
    (b) General Duties and Powers of the Department of 
Transportation.--
            (1) Leadership, consultation, and cooperation.--Section 
        301(6) is amended by striking ``, with particular attention to 
        aircraft noise, and including'' and inserting ``and''.
            (2) Policy on lands, wildlife and waterfowl refuges, and 
        historic sites.--Section 303 is amended--
                    (A) in subsection (b) by inserting ``and the 
                Federal Aviation Administration'' after ``of 
                Transportation''; and
                    (B) in subsection (c) by inserting ``and 
                Administration'' after ``Secretary''.
            (3) Reports.--Section 308(b) is amended--
                    (A) by striking ``Secretary'' the 1st place it 
                appears and inserting ``Federal Aviation Board'';
                    (B) by striking ``Department'' and inserting 
                ``Federal Aviation Administration''; and
                    (C) by striking ``Secretary'' the 2nd and 3rd 
                places it appears and inserting ``Board''.
            (4) Members of the armed forces.--Section 324 is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--
            ``(1) FAA.--The Federal Aviation Administration, to ensure 
        that national defense interests are safeguarded properly and 
        that the Administration is advised properly about the needs and 
        special problems of the armed forces, shall provide for 
        participation of members of the armed forces in carrying out 
        the duties and powers of the Administration related to the 
        regulation and protection of air traffic, including providing 
        for, and research and development of, air navigation 
        facilities, and the allocation of airspace.
            ``(2) Secretary of transportation.--The Secretary of 
        Transportation may provide for participation of members of the 
        armed forces in carrying out other duties and powers of the 
        Secretary.''; and
                    (B) in subsection (d) by inserting after 
                ``Transportation'' each place it appears the following: 
                ``or Federal Aviation Administration''.
            (5) Judicial review.--Section 351(a) is amended--
                    (A) by striking ``An'' and inserting ``Subject to 
                section 1335, an''; and
                    (B) by striking ``, the Federal Highway 
                Administration, or the Federal Aviation 
                Administration'' and inserting ``or the Federal Highway 
                Administration''.
            (6) Authority to carry out certain transferred duties and 
        powers.--Section 352 is amended by striking ``, the Federal 
        Highway Administration, and the Federal Aviation 
        Administration'' and inserting ``and the Federal Highway 
        Administration''.
            (7) Toxicological testing.--Section 353(a) is amended--
                    (A) by inserting before ``conducts'' the following: 
                ``or the Federal Aviation Administration'';
                    (B) by inserting after ``Department'' the second 
                place it appears ``or Administration''; and
                    (C) by inserting before ``shall'' each place it 
                appears ``or Chief Executive Officer of the 
                Administration''.
    (c) Functions of FAA.--
            (1) National transportation safety board.--
                    (A) Disclosure of drug test information to ntsb.--
                Section 1114(d)(1) is amended--
                            (i) by inserting before ``shall'' the 
                        following: ``and the Federal Aviation 
                        Administration'';
                            (ii) in subparagraph (A) by inserting 
                        before ``under post-accident'' the following: 
                        ``or the Administration''; and
                            (iii) in subparagraph (A) by inserting 
                        before ``, when'' the following: ``or the 
                        Administration''.
                    (B) Investigation of certain accidents.--Section 
                1131(c)(1) is amended by inserting ``or the Federal 
                Aviation Administration, as the case may be,'' after 
                ``Transportation''.
                    (C) Civil aircraft accident investigations.--
                Section 1132 is amended--
                            (i) in the heading to subsection (c) by 
                        striking ``Secretary'' and inserting ``Federal 
                        Aviation Administration'';
                            (ii) in subsection (c) by striking 
                        ``Secretary of Transportation'' and inserting 
                        ``Federal Aviation Administration'';
                            (iii) in subsection (c) by striking 
                        ``Secretary'' the 2nd and 3rd places it appears 
                        and inserting ``Administration''; and
                            (iv) in subsection (d) by striking 
                        ``Secretary'' each place it appears and 
                        inserting ``Administration''.
                    (D) Review of other agency action.--Section 1133(1) 
                is amended by striking ``Secretary of Transportation'' 
                and inserting ``Federal Aviation Administration''.
                    (E) Responses to safety recommendations.--Section 
                1135 is amended--
                            (i) by striking the section heading and 
                        inserting the following:
``Sec. 1135. DOT's and FAA's responses to safety recommendations'';
                            (ii) in subsection (a) by inserting after 
                        ``Secretary of Transportation'' the following: 
                        ``or the Federal Aviation Administration'';
                            (iii) in subsection (a) by inserting ``or 
                        the Administration'' after ``Secretary'' the 
                        2nd and 3rd places it appears;
                            (iv) in subsection (d) by striking 
                        ``shall'' and inserting ``and the 
                        Administration shall each'';
                            (v) in subsection (d) by inserting before 
                        ``during'' the following: ``or 
                        Administration''; and
                            (vi) in subsection (d) by inserting after 
                        ``Secretary's'' the following: ``or 
                        Administration's''.
                    (F) Judicial review.--Section 1153(c) is amended--
                            (i) in the subsection heading by striking 
                        ``Administrator'' and inserting 
                        ``Administration'';
                            (ii) by striking ``the Administrator of''; 
                        and
                            (iii) by striking ``Administrator'' the 
                        second and third places it appears and 
                        inserting ``Administration''.
                    (G) Conforming amendment.--The analysis to chapter 
                11 is amended by striking the item relating to section 
                1135 and inserting the following:

``1135. DOT's and FAA's responses to safety recommendations.''.
            (2) Intermodal transportation advisory board.--Section 
        5502(b) is amended to read as follows:
    ``(b) Membership.--The Board consists of--
            ``(1) the Secretary, who serves as chairman;
            ``(2) the Chief Executive Officer of the Federal Aviation 
        Administration or the Chief Executive Officer's designee; and
            ``(3) the Administrator, or the Administrator's designee, 
        of--
                    ``(A) the Federal Highway Administration;

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