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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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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Aviation Administration 
Revitalization Act of 1995''.

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

    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 title 49, United States 
Code.

SEC. 3. ESTABLISHMENT OF FEDERAL AVIATION ADMINISTRATION.

    Subtitle II is amended by adding at the end the following:

             ``CHAPTER 13--FEDERAL AVIATION 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.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec. 1301. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Administration.--The term `Administration' means the 
        Federal Aviation Administration established by section 1311.
            ``(2) Aeronautics, air commerce, and air navigation 
        facility.--The terms `aeronautics', `air commerce', and `air 
        navigation facility' have the same meanings given those terms 
        in section 40102(a) of this title.
            ``(3) Airport and airway trust fund.--The term `Airport and 
        Airway Trust Fund' means the Airport and Airway Trust Fund 
        established by section 9502 of the Internal Revenue Code of 
        1986.
            ``(4) Board.--The term `Board' means the Federal Aviation 
        Board established by section 1312.
            ``(5) Chief executive officer.--The term `Chief Executive 
        Officer' means the Chief Executive Officer of the Federal 
        Aviation Administration.

            ``SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE

``Sec. 1311. Establishment
    ``There is established in the executive branch as an independent 
establishment the Federal Aviation Administration. The Administration 
shall succeed the Federal Aviation Administration of the Department of 
Transportation in existence on the day before the effective date of 
this section.
``Sec. 1312. Federal Aviation Board
    ``(a) In General.--There is established a Federal Aviation Board 
which shall serve as the head of the Administration.
    ``(b) Functions.--
            ``(1) In general.--The Board shall be responsible for the 
        major policy functions of the Administration, including the 
        following:
                    ``(A) The appointment and removal of the Chief 
                Executive Officer and the approval of other senior 
                officers of the Administration under section 1313.
                    ``(B) The approval and submission to Congress of 
                major contracts under section 1334(d).
                    ``(C) The approval of major regulatory actions 
                under section 1332(b).
                    ``(D) The issuance of letters of intent under 
                section 47110(e).
                    ``(E) The approval and submission to Congress of 
                the Administration's plans for personnel management and 
                acquisition management programs under sections 1314 and 
                1334.
                    ``(F) The approval of the agency's annual budget 
                submission.
                    ``(G) Long-range and strategic planning for the 
                Administration.
                    ``(H) The representation of the Administration at 
                public events to the extent practicable.
                    ``(I) Such other significant actions as the Board 
                considers appropriate.
            ``(2) Nondelegable functions.--The Board may not delegate 
        the functions described in subparagraphs (A) through (F) of 
        paragraph (1).
            ``(3) Not subject to entities created by executive order.--
        The Administration shall not submit decisions for the approval 
        of, and shall not be bound by the decisions or recommendations 
        of, any committee, board, or other organization established by 
        Executive order.
    ``(c) Membership.--
            ``(1) Voting members.--The Board shall be composed of 3 
        voting members to be appointed by the President, by and with 
        the advice and consent of the Senate. The initial members of 
        the Board shall be appointed as soon as practicable after the 
        date of the enactment of the Federal Aviation Administration 
        Revitalization Act of 1995.
            ``(2) Non-voting members.--The Secretary of Transportation 
        (or the Secretary's designee) and the Secretary of Defense (or 
        the Secretary's designee) shall serve as non-voting members of 
        the Board.
    ``(d) Qualifications.--
            ``(1) In general.--Members appointed to the Board under 
        subsection (c)(1) shall represent the public interest and shall 
        be selected from individuals who are knowledgeable in aviation. 
        Members of the Board may not--
                    ``(A) have a pecuniary interest in, or own stock in 
                or bonds of, an aeronautical enterprise;
                    ``(B) engage in another business, vocation, or 
                employment; and
                    ``(C) be a member of any organization a substantial 
                part of whose activities are for the purpose of 
                influencing aviation-related legislation.
            ``(2) Definition.--In this subsection, the term 
        `influencing legislation' has the meaning such term has under 
        section 4911(d) of the Internal Revenue Code of 1986 (26 U.S.C. 
        4911(d)).
    ``(e) Terms.--
            ``(1) In general.--Subject to paragraphs (2) and (3), each 
        member of the Board appointed under subsection (c)(1) shall be 
        appointed for a term of 7 years.
            ``(2) Terms of initial appointees.--As designated by the 
        President at the time of appointment, of the members first 
        appointed under subsection (c)(1)--
                    ``(A) 1 shall be appointed for a term of 3 years;
                    ``(B) 1 shall be appointed for a term of 5 years; 
                and
                    ``(C) 1 shall be appointed for a term of 7 years.
            ``(3) Vacancies.--Any member appointed under subsection 
        (c)(1) to fill a vacancy occurring before the expiration of the 
        term for which the member's predecessor was appointed shall be 
        appointed only for the remainder of that term. A member may 
        serve after the expiration of that member's term until a 
        successor has taken office.
    ``(f) Removal.--Members of the Board appointed under subsection 
(c)(1) may be removed by the President for inefficiency, neglect of 
duty, or malfeasance in office.
    ``(g) Chairperson.--The Chairperson of the Board shall be appointed 
by the President, by and with the advice and consent of the Senate. At 
the time of such appointment, the President shall establish the term of 
the Chairperson. Such term may not exceed the term of the Chairperson's 
appointment to the Board.
    ``(h) Quorum.--Two members of the Board appointed under subsection 
(c)(1) shall constitute a quorum for carrying out the duties and powers 
of the Board.
    ``(i) Basic Pay.--
            ``(1) Chairperson.--The Chairperson of the Board shall be 
        paid at a rate equal to the rate of basic pay payable for level 
        II of the Executive Schedule.
            ``(2) Other members.--The other voting members of the Board 
        shall be paid at a rate equal to the rate of basic pay payable 
        for level III of the Executive Schedule.
``Sec. 1313. Officers
    ``(a) Chief Executive Officers.--
            ``(1) Appointment.--The Board shall appoint a Chief 
        Executive Officer.
            ``(2) Duties.--The Board shall delegate to the Chief 
        Executive Officer the responsibility for managing the day-to-
        day operation of the Administration, including (except as 
        provided in section 1312(b)) the hiring and firing of 
        employees, acquisition of facilities and equipment, issuance of 
        rules, airworthiness directives, and advisory circulars, 
        preparation of the annual budget submission, the awarding of 
        grants, and such other functions as the Board considers 
        appropriate.
            ``(3) Removal.--The Chief Executive Officer shall serve at 
        the pleasure of the Board; except that the Board shall make 
        every effort to ensure stability and continuity in the 
        leadership of the Administration.
            ``(4) Basic pay.--Subject to section 1314(f), the Chief 
        Executive Officer shall be paid at a rate to be determined by 
        the Board.
    ``(b) Other Officers.--Subject to the approval of the Board, the 
Chief Executive Officer shall appoint other senior officers who shall 
each have such duties as the Chief Executive Officer may prescribe.
    ``(c) Chief Counsel.--Subject to the approval of the Board, the 
Chief Executive Officer shall appoint a Chief Counsel who shall be the 
chief legal officer for all legal matters arising from the activities 
of the Administration.
    ``(d) Inspector General.--There shall be in the Administration an 
Inspector General who shall be appointed in accordance with the 
Inspector General Act of 1978 (5 U.S.C. App.).
    ``(e) Aircraft Noise Ombudsman.--
            ``(1) Establishment.--There shall be in the Administration 
        an Aircraft Noise Ombudsman who shall be appointed by the 
        Board.
            ``(2) Duties and responsibilities.--The Ombudsman shall--
                    ``(A) serve as a liaison with the public on issues 
                regarding aircraft noise; and
                    ``(B) be consulted when the Administration proposes 
                changes in aircraft routes so as to minimize any 
                increases in aircraft noise over populated areas.
``Sec. 1314. Personnel management program
    ``(a) Exemption From Certain Provisions of Title 5, United States 
Code.--
            ``(1) In general.--Except as otherwise provided in this 
        Act, the Administration shall be exempt from parts II and III 
        of title 5.
            ``(2) Effective date.--The exemption provided by paragraph 
        (1) shall not take effect until the expiration of the 180-
        period described in subsection (d)(2).
    ``(b) Development of Personnel Management System.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Federal Aviation Administration 
        Revitalization Act of 1995, the Board shall develop a personnel 
        management system for the Administration.
            ``(2) Consultation and negotiation.--In developing the 
        personnel management system, the Board shall negotiate with the 
        exclusive bargaining representatives of employees of the 
        Administration certified under section 7111 of title 5 and 
        other employees of the Administration and shall consult with 
        nongovernmental experts in personnel management systems. The 
        negotiation with the exclusive bargaining representatives shall 
        be completed on or before the 90th day after the date of 
        enactment referred to in paragraph (1).
            ``(3) Mediation.--If the Board does not reach an agreement 
        under paragraph (2) with the exclusive bargaining 
        representatives on any provision of the personnel management 
        system, the services of the Federal Mediation and Conciliation 
        Service shall be used to attempt to reach such agreement. If 
        the services of the Federal Mediation and Conciliation Service 
        do not lead to an agreement, the Board shall include in the 
        plan to be submitted to Congress under subsection (d) the 
        objections of the exclusive bargaining representatives and the 
        reasons for the objections.
            ``(4) Continuation of agreements.--Collective bargaining 
        agreements and labor management relations under chapter 71 of 
        title 5 shall remain in effect for the Administration until 
        amended or modified under the personnel management system.

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